Semiannual Regulatory Agenda
SPRING 2009
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SPRING 2009
Semiannual Regulatory Agenda
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Spring 2009 Regulatory Agenda
ENVIRONMENTAL PROTECTION AGENCY (EPA)
ENVIRONMENTAL PROTECTION
AGENCY
40CFRCh. I
[FRL-8770-9]
EPA-HQ-OA-2007-1172
EPA-HQ-OW-2009-0082
Spring 2009 Regulatory Agenda
AGENCY: Environmental Protection
Agency.
ACTION: Semiannual regulatory
flexibility agenda and semiannual
regulatory agenda.
SUMMARY: The Environmental Protection
Agency (EPA) publishes the semiannual
regulatory agenda online (the e-agenda)
at www.reginfo.gov to update the public
about:
• Regulations and major policies
currently under development,
• Reviews of existing regulations and
major policies, and
• Rules and major policymakings
completed or canceled since the last
agenda.
Definitions:
"E-agenda," "online regulatory
agenda," and "semiannual regulatory
agenda" all refer to the same
comprehensive collection of
information that used to be published in
the Federal Register, but which now are
only available through an online
database.
"Regulatory Flexibility Agenda"
refers to a document that contains
information about regulations that may
have a significant impact on a
substantial number of small entities.
This will continue to be published in
the Federal Register because of a
requirement of the Regulatory
Flexibility Act.
"Monthly Action Initiation List" (AIL)
refers to a list that EPA posts online
each month of the regulations newly
approved for development.
"Unified Regulatory Agenda" refers to
the collection of all agencies' agendas
with an introduction prepared by the
Regulatory Information Service Center.
"Regulatory agenda preamble" refers
to the document you are reading now.
It appears as part of EPA's regulatory
flexibility agenda and introduces both
the regulatory flexibility agenda and
EPA's e-agenda.
FOR FURTHER INFORMATION CONTACT: If
you have questions or comments about
a particular action, please get in touch
with the agency contact listed in each
agenda entry. If you have general
questions about the semiannual
regulatory agenda please contact: Phil
Schwartz (schwartz.philip@epa.gov;
202-564-6564) or Caryn Muellerleile
(muellerleile.caryn@epa.gov; 202-564-
2855).
TO BE PLACED ON AN AGENDA MAILING
LIST: If you would like to receive an e-
mail with a link to new semiannual
regulatory agendas as soon as they are
published, please send an e-mail
message with your name and address to:
nscep@bps-lmit.com and put "E-
Regulatory Agenda: Electronic Copy" in
the subject line.
If you would like to regularly receive
information about the rules newly
approved for development, sign up for
our monthly Action Initiation List by
going to
http://www.epa.gov/lawsregs/search/
ail.html#notification and completing 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, call 800-
490-9198 or send an e-mail with your
name and complete address to:
nscep@bps-lmit.com and put
"Regulatory Agenda Hard Copy" in the
subject line.
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 Guide Our Rule and
Policymaking Process?
C. How Can You Be Involved in EPA's
Rule and Policymaking Process?
D. What Actions Are Included in the
Regulatory Agenda?
E. How Is the E-Agenda Organized?
F. What Information Is in the Regulatory
Flexibility Agenda and the E-Agenda?
G. How Can I Find Out About
Rulemakings That Start Up After the
Regulatory Agenda Is Signed?
H. What Tools for Finding More About
EPA Rules and Policies Are Available
at EPA.gov, Regulations.gov, and
Reginfo.gov?
I. Reviews of Rules With Significant
Impacts on a Substantial Number of
Small Entities
J. What Other Special Attention Do We
Give to the Impacts of Rules on Small
Businesses, Small Governments, and
Small Nonprofit Organizations?
K. Thank You for Collaborating With Us
A. Map of Regulatory Agenda
Information
Type of Information
Online Locations
Federal Register Location
Semiannual Regulatory Agenda (The E-Agenda; the online Agenda);
approx. 300 entries, which include the expanded Regulatory Flexi-
bility Agenda (approx. 8 entries; 25 data fields/entry)
Semiannual Regulatory Flex bility Agenda (approx. 8 entries; 9 data
fields/entry)
Monthly Action Initiation List
wwww.reginfo.gov/, www.regulations.gov,
and http://www.epa.gov/lawsregs/
search/regagenda.html
www.reginfo.gov/, www.regulations.gov,
and http://www.epa.gov/lawsregs/
search/regagenda.html
http://www.regulations.gov/
fdmspublic/component/main?main=
DocketDetail&d=EPA-HQ-OA-2008-0265
and http://www.epa.gov/lawsregs/
search/ail.html
Not in FR
Part XII of today's issue
Not in FR
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Spring 2009 Regulatory Agenda
EPA
B. What Are EPA's Regulatory Goals,
and What Key Principles, Statutes, and
Executive Orders Guide Our Rule and
Policymaking Process?
In outlining his agenda for the
environment, President Obama has
articulated three values that he expects
EPA to uphold. These values will shape
everything we do.
Science must be the backbone for
EPA programs. The public health and
environmental laws that Congress has
enacted depend on rigorous adherence
to the best available science. The
President believes that when EPA
addresses scientific issues, it should
rely on the expert judgment of the
Agency's career scientists and
independent advisors. When scientific
judgments are suppressed,
misrepresented, or distorted by political
agendas, Americans can lose faith in
their government to provide strong
public health and environmental
protection.
EPA must follow the rule of law. The
President recognizes that respect for
congressional mandates and judicial
decisions is the hallmark of a principled
regulatory agency. Under our
environmental laws, EPA has room to
exercise discretion, and Congress has
often looked to EPA to fill in the details
of general policies. However, EPA needs
to exercise policy discretion in good
faith and in keeping with the directives
of Congress and the courts. When
Congress has been explicit, EPA cannot
misinterpret or ignore the language
Congress has used. When a court has
determined EPA's responsibilities under
our governing statutes, EPA cannot turn
a blind eye to the court's decision or
procrastinate in complying.
EPA's actions must be transparent.
Public trust in the Agency demands that
we reach out to all stakeholders fairly
and impartially, that we consider the
views and data presented carefully and
objectively, and that we fully disclose
the information that forms the bases for
our decisions. We will carry out the
work of the Agency in public view so
that the door is open to all interested
parties and that there is no doubt why
we are acting and how we arrived at our
decisions.
We must take special pains to connect
with those who have been historically
underrepresented in EPA
decisionmaking, including the
disenfranchised in our cities and rural
areas, communities of color, native
Americans, people disproportionately
impacted by pollution, and small
businesses, cities, and towns working to
meet their environmental
responsibilities. Like all Americans,
they deserve an EPA with an open
mind, a big heart, and a willingness to
listen. We must also be sensitive to the
burdens pollution has placed on
vulnerable subpopulations, including
children, the elderly, the poor, and all
others who are at particular risk to
threats to health and the environment.
We must seek their full partnership in
the greater aim of identifying and
eliminating the sources of pollution in
their neighborhoods, schools, and
homes.
EPA's strength has always been our
ability to adapt to the constantly
changing face of environmental
protection as our economy and society
evolve and science teaches us more
about how humans interact with and
affect the natural world. Now, more
than ever, EPA must be innovative and
forward-looking because the
environmental challenges faced by
Americans all across our country are
unprecedented. These challenges are
indeed immense in scale and urgency.
But, we will meet them. Administrator
Jackson has put a high priority on
developing an environmental policy
agenda that significantly improve the
environment, while helping to create
jobs and make the investment needed to
emerge from the current recession. EPA
is making significant strides in this area
already as is reflected in this document.
As EPA makes further decisions
regarding the path forward for existing
and new regulatory activities, we will
continue to be transparent, letting the
public know about these decisions
through various sources such as our
Web site and future editions of EPA's
regulatory agenda and regulatory plan.
Besides the fundamental
environmental laws authorizing EPA
actions such as the Clean Air Act and
Clean Water Act, there are legal
requirements that apply to the issuance
of regulations that are generally
contained in the Administrative
Procedure Act, the Regulatory
Flexibility Act as amended by the Small
Business Regulatory Enforcement
Fairness Act, the Unfunded Mandates
Reform Act, the Paperwork Reduction
Act, the National Technology Transfer
and Advancement Act, and the
Congressional Review Act. We also
must meet a number of requirements
contained in Executive Orders: 12866
(Regulatory Planning and Review; 58 FR
51735; October 4, 1993), 12898
(Environmental Justice; 59 FR 7629;
February 16, 1994), 13045 (Children's
Health Protection; 62 FR 19885; April
23, 1997), 13132 (Federalism; 64 FR
43255; August 10, 1999), 13175
(Consultation and Coordination with
Indian Tribal Governments; 65 FR
67249; November 9, 2000), 13211
(Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use; 66 FR 28355; May
22, 2001).
C. How Can You Be Involved in EPA's
Rule and Policymaking Process?
You can make your voice heard by
getting in touch with the contact person
provided in each agenda entry. We urge
you to participate as early in the process
as possible. You may also participate by
commenting on proposed rules that we
publish in the Federal Register (FR).
Information on submitting comments
to the rulemaking docket is provided in
each of our Notices of Proposed
Rulemaking (NPRMs), and we always
accept comments through the
regulations.gov e-docket. To be most
effective, comments should contain
information and data that support your
position, and you also should explain
why we should incorporate your
suggestion in the rule or nonregulatory
action. You can be particularly helpful
and persuasive if you provide examples
to illustrate your concerns and offer
specific alternatives.
We believe our actions will be more
cost-effective and protective if our
development process includes
stakeholders working with us to identify
the most practical and effective
solutions to problems, and we stress this
point most strongly in all of our training
programs for rule and policy developers.
Democracy gives real power to
individual citizens, but with that power
comes responsibility. We urge you to
become involved in EPA's rule and
policymaking process. For more
information about public involvement
in EPA activities, please visit
wfwfwf.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
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Spring 2009 Regulatory Agenda
EPA
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
• Any rules that the Agency has
identified for periodic review under
section 610 of the Regulatory
Flexibility Act. We have one rule
scheduled for 610 review in 2009.
E. How Is the E-Agenda Organized?
You can now choose how both the
\vwfwf.reginfo.gov and
wfwfwf.regulations.gov versions of the E-
Agenda are organized. Current choices
include: EPA subagency; stage of
rulemaking, explained below;
alphabetically by title; and by the
Regulation Identifier Number (RIN),
which is assigned sequentially when an
action is added to the agenda.
Stages of rulemaking include:
1. Prerulemaking-Prerulemaking actions
are generally intended to determine
whether EPA should initiate
rulemaking. Prerulemakings may
include anything that influences or
leads to rulemaking, such as advance
notices of proposed rulemaking
(ANPRMs), significant studies or
analyses of the possible need for
regulatory action, announcement of
reviews of existing regulations
required under section 610 of the
Regulatory Flexibility Act, requests
for public comment on the need for
regulatory action, or important
preregulatory policy proposals.
2. Proposed Rule-This section includes
EPA rulemaking actions that are
within a year of proposal (publication
of Notices of Proposed Rulemakings
(NPRMs)).
3. Final Rule-This section includes rules
that will be issued as a final rule
within a year.
4. Long-Term Actions-This section
includes rulemakings for which the
next scheduled regulatory action is
after April 2010.
5. Completed Actions-This section
contains actions that have been
promulgated and published in the
Federal Register since publication of
the fall 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 and the
E-Agenda?
Regulatory Flexibility Agenda entries
include:
Sequence Number, RIN, Title,
Description, Statutory Authority,
Section 610 Review, if applicable,
Regulatory Flexibility Analysis
Required, Schedule, Contact Person.
E-Agenda entries include:
Title: Titles for new entries (those that
have not appeared in previous agendas)
are preceded by a bullet (•). The
notation "Section 610 Review" follows
the title if we are reviewing the rule as
part of our periodic review of existing
rules under section 610 of the
Regulatory Flexibility Act (RFA) (5
U.S.C. 610).
Priority: Entries are placed into one of
five categories described below. OMB
reviews all significant rules including
both of the first two categories,
"economically significant" and "other
significant."
Economically Significant: Under E.O.
12866, a rulemaking action that may
have an annual effect on the economy
of $100 million or more or adversely
affect in a material way the economy, a
sector of the economy, productivity,
competition, jobs, the environment,
public health or safety, or State, local,
or tribal governments or communities.
Other Significant: A rulemaking that
is not economically significant but is
considered significant for other reasons.
This category includes rules that may:
1. Create a serious inconsistency or
otherwise interfere with an action
taken or planned by another agency;
2. Materially alter the budgetary impact
of entitlements, grants, user fees, or
loan programs, or the rights and
obligations of recipients; or
3. Raise novel legal or policy issues
arising out of legal mandates, the
President's priorities, or the
principles in Executive Order 12866.
Substantive, Nonsignificant: A
rulemaking that has substantive impacts
but is not Significant, Routine and
Frequent, or
Informational/Administrative/Other.
Routine and Frequent: A rulemaking
that is a specific case of a recurring
application of a regulatory program in
the Code of Federal Regulations (e.g.,
certain State Implementation Plans,
National Priority List updates,
Significant New Use Rules, State
Hazardous Waste Management Program
actions, and Tolerance Exemptions). If
an action that would normally be
classified Routine and Frequent is
reviewed by the Office of Management
and Budget under E.O. 12866, then we
would classify the action as either
"Economically Significant" or "Other
Significant."
Informational/Administrative/Other:
An action that is primarily
informational or pertains to an action
outside the scope of E.O. 12866.
Also, if we believe that a rule may be
"Major" as defined in the Congressional
Review Act (5 U.S.C. 801, etseq,}
because it is likely to result in an annual
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Spring 2009 Regulatory Agenda
EPA
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 (USC), Public Law
(PL), Executive Order (EO), or common
name of the law that authorizes the
regulatory action.
CFR Citation: The sections of the
Code of Federal Regulations that would
be affected by the action.
Legal Deadline: An indication of
whether the rule is subject to a statutory
or judicial deadline, the date of that
deadline, and whether the deadline
pertains to a Notice of Proposed
Rulemaking, a Final Action, or some
other action.
Abstract: A brief description of the
problem the action will address.
Timetable: The dates (and citations)
that documents for this action were
published in the Federal 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 Regulation Identifier
Number is used by OMB to identify and
track rulemakings. The first four digits
of the RIN stand for the EPA office with
lead responsibility for developing the
action.
G. How Can I Find Out About
Rulemakings That Start Up After the
Regulatory Agenda Is Signed?
EPA posts monthly updates of the
rulemakings that the Agency's senior
managers have decided that we should
work on. We also distribute this list via
e-mail. You can see the current list,
which we call the Action Initiation 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 Tools for Mining Regulatory
Agenda Data and for Finding More
About EPA Rules and Policies Are
Available at Reginfo.gov, EPA.gov, and
Regulations.gov?
1. The Reginfo.gov Searchable Database
GSA's Regulatory Information Service
Center, which coordinates publication
of the Agenda for the Office of
Management and Budget, has developed
and continues to improve a regulatory
agenda database that includes powerful
search, display, and data transmission
options. You can:
• See the preamble. On the Main
Agenda Page, select Current Agenda
Agency Preambles.
• Get a complete list of EPA's entries.
On the Main Agenda Page, under
Agency, select Environmental
Protection Agency.
• View the contents of all of EPA's
entries. On the Agenda Search Page,
select "Advanced Search"; select
Continue; Select Environmental
Protection Agency and then Continue;
Select "Search."
• Get a listing of entries with specified
characteristics. Follow the procedure
described immediately above for
viewing the contents of all entries, but
on the screen headed "Advanced
Search-Select Additional Fields"
select the characteristics you are
seeking before clicking on "Search."
For example, if you wish to see a
listing of all economically significant
actions that may have a significant
economic impact on a substantial
number of small businesses, you
would check Economically
Significant under Priority and check
Business under Regulatory Flexibility
Analysis required.
• Download the results of your
searches in XML format.
2. Subject Matter EPA Web sites
Some of the actions listed in the
agenda include a URL that provides
additional information.
3. Listservers
If you want to get automatic e-mails
about areas of particular interest,
including notifications, when an action
is published in the Federal Register, we
maintain 12 listservers including:
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Spring 2009 Regulatory Agenda
EPA
a. Air
b. Water
c. Wastes and emergency response
d. Pesticides
e. Toxic substances
f. Right-To-Know and toxic release
inventory
g. Environmental impacts
h. Endangered species
i. Meetings
j. The Science Advisory Board
k. Daily full-text notices with page
numbers, and
1. General information.
For more information and to subscribe
via our FR Web site, visit:
wfwfwf.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.
4. Public Dockets
When EPA publishes either an
Advanced Notice of Proposed
Rulemaking (ANPRM) or a NPRM in the
Federal Register, the Agency may
establish a docket to accumulate
materials throughout the development
process for that rulemaking. The docket
serves as the repository for the
collection of documents or information
related to a particular Agency action or
activity. EPA most commonly uses
dockets for rulemaking actions, but
dockets may also be used for Regulatory
Flexibility Act section 610 reviews of
rules with significant economic impacts
on a substantial number of small entities
and for various nonrulemaking
activities, such as Federal 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. URL's for many of EPA's
dockets are included in the agenda
entry. To enter the docket, copy the URL
into a browser window. To locate a
docket you can also use the docket
search features at Regulations.gov.
I. Reviews of Rules With Significant
Impacts on a Substantial Number of
Small Entities
Section 610 of the RFA requires that
an agency review, within 10 years of
promulgation, each rule that has or will
have a significant economic impact on
a substantial number of small entities.
EPA has one rule scheduled for 610
review in 2009.
Rule Being Reviewed
Revisions to the Underground Injection Control (UIC) Requirements for
Class V Wells (Section 610 Review)
RIN
2040-AF04
Docket ID
EPA-HQ-OW-2009-0082
EPA has established an official public
docket for this 610 review under a
docket identification (ID) number as
indicated above. All documents in the
docket are listed on the
www.regulations.gov Web site.
Although listed in the index, some
information is not publicly available;
e.g., CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Water Docket, EPA/DC, EPA West,
Room 3334, 1301 Constitution Avenue
NW., Washington, DC. The Public
Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday,
excluding legal holidays. The telephone
number for the Public Reading Room is
(202) 566-1744. Unless otherwise
indicated, please direct your comments
to the identified Docket ID number for
the specific 610 Review item. For these
610 Reviews, please DO NOT submit
CBI or information that is otherwise
protected by statute. You may submit
comments using one of the following
methods:
1. Electronically. Go directly to
www.regulations.gov and find
"Advanced Docket Search." Enter the
appropriate Docket ID number. The
system is an "anonymous access"
system, which means EPA will not
know your identity, e-mail address, or
other contact information unless you
provide it in the body of your
comment. If you do submit an
electronic comment, EPA
recommends that you include your
name, mailing address, and an e-mail
address or other contact information
in the body of your comment. EPA's
policy is that EPA will not edit your
comment, and any identifying or
contact information provided in the
body of a comment will be included
as part of the comment that is placed
in the official public docket and made
available in EPA's electronic public
docket.
2. By Mail. Send your comments to: EPA
Docket Center (EPA/DC),
Environmental Protection Agency,
Docket # EPA-HQ-OW-2009-0082,
1200 Pennsylvania Avenue NW.,
Washington, DC 20460.
3. By Hand Delivery or Courier. Deliver
your comments, identified by the
Docket # EPA-HQ-OW-2009-0082, to:
EPA Docket Center (EPA/DC), EPA
West, Room 3334, 1301 Constitution
Avenue NW., Washington, DC. The
EPA Docket Center Public Reading
Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday,
excluding legal holidays. The
telephone number for the Reading
Room is (202) 566-1744. Such
deliveries are only accepted during
the Docket's normal hours of
operation as identified above. For
more information on EPA's docket
center, please visit
http://www.epa.gov/epahome/
dockets.htm.
Please ensure that your comments are
submitted within the specified comment
period. Comments received after the
close of the comment period will be
marked "late." EPA is not required to
consider these late comments. For this
action, please DO NOT submit CBI or
information that is otherwise protected
by statute.
J. What Other Special Attention Do We
Give to the Impacts of Rules on Small
Businesses, Small Governments, and
Small Nonprofit Organizations?
For each of our rulemakings, we
consider whether there will be any
adverse impact on any small entity. We
attempt to fit the regulatory
requirements, to the extent feasible, to
the scale of the businesses,
organizations, and governmental
jurisdictions subject to the regulation.
Under RFA/SBREFA (the Regulatory
Flexibility Act as amended by the Small
-------
Spring 2009 Regulatory Agenda
EPA
Business Regulatory Enforcement
Fairness Act), the Agency must prepare
a formal analysis of the potential
negative impacts on small entities,
convene a Small Business Advocacy
Review Panel (proposed rule stage), and
prepare a Small Entity Compliance
Guide (final rule stage) unless the
Agency certifies a rule will not have a
significant economic impact on a
substantial number of small entities. For
more detailed information about the
Agency's policy and practice with
respect to implementing RFA/SBREFA,
please visit the RFA/SBREFA Web site
at http://www.epa.gov/sbrefa/.
For a list of the rules under
development for which a Regulatory
Flexibility Analysis will be required and
for a list of rules under development
that may affect small entities, but not
significantly affect a substantial number
of them, go to:
http://www.regulations.gov/
fdmspublic/component/
main?main=UnifiedAgenda and select
the appropriate index in the second box
in the right hand column.
K. Thank You for Collaborating With
Us
Finally, we would like to thank those
of you who choose to join with us in
GENERAL—Proposed Rule Stage
solving the complex issues involved in
protecting human health and the
environment. Collaborative efforts such
as EPA's open rulemaking process are a
valuable tool for addressing the
problems we face and the regulatory
agenda is an important part of that
process.
Dated: March 30, 2009.
Louise Wise,
Acting Associate Administrator, Office of
Policy, Economics, and Innovation.
Sequence
Number
1
2
3
Title
SAN No 5262' Waste Energy Recovery Registry
SAN No 4319 Revisions to Acquisition Regulation Concerning Conflict of Interest
SAN No. 5308; Government Property and Contract Property Administration Requirements
Regulation
Identifier
Number
2060-AP14
2030-AA67
2030-AA98
GENERAL—Final Rule Stage
Sequence
Number
4
5
6
Title
SAN No.
cy
SAN No
Rule ....
SAN No.
5291 ; Supplemental Standards of Ethica
5325; Technical Corrections to Title 40
Conduct for Employees of the Environmental Protection Agen-
To Conform to the Civil Monetary Penalty
5121 Age Discrimination Regulations — EPA-Assisted Programs — Age Discrimination
Inflation Adjustment
Act of 1 975
Regulation
Identifier
Number
201 5-AA01
2020-AA49
2090-AA37
GENERAL—Completed Actions
Sequence
Number
7
8
9
10
Title
SAN No. 5248; Regulation To Adjust Civil Monetary Penalties for Inflation
SAN No. 5288; Procedures for Implementing the National Environmental Policy Act and Assessing the Environ-
mental Effects Abroad of EPA Actions
SAN No. 3240 Public Information and Confidentiality Regulations
SAN No. 5295; Cross-Media Electronic Reporting Regulation (CROMERR) Technical Amendment
Regulation
Identifier
Number
2020-AA46
2020-AA48
2025-AA02
2025-AA23
CLEAN AIR ACT (CAA)—Proposed Rule Stage
Sequence
Number
11
12
13
14
15
Title
SAN No 5111' Review of the Primary National Ambient Air Quality Standard for Nitrogen Dioxide
SAN No. 5163; Review of the Primary National Ambient Air Quality Standard for Sulfur Dioxide
SAN No. 5170; Review of the Secondary National Ambient Air Quality Standards for Oxides of Nitrogen and Ox-
ides of Sulfur
SAN No 4782 Petition To Delist Hazardous Air Pollutant • 4 4'-Methylene Diphenyl Diisocyanate
SAN No. 4849; Petition To Delist a Hazardous Air Pollutant From Section 112 of the Clean Air Act: Methyl Iso-
butvl Ketone (MIBIO
Regulation
Identifier
Number
2060-AO19
2060-AO48
2060-AO72
2060-AK84
2060-AM20
-------
EPA
Spring 2009 Regulatory Agenda
CLEAN AIR ACT (CAA)—Proposed Rule Stage (Continued)
Sequence
Number
Title
Regulation
Identifier
Number
16 SAN No. 5015 NESHAP: Area Source Standards—Chemical Preparations Industry 2060-AN46
17 SAN No. 5016 NESHAP: Area Source Standards—Paints and Allied Products Manufacturing 2060-AN47
18 SAN No. 4585.1 NESHAP: Portland Cement Notice of Reconsideration 2060-AO15
19 SAN No. 5191 NESHAP: Area Source Standards—Asphalt Processing and Asphalt Roofing Manufacturing 2060-AO94
20 SAN No. 5201 NESHAP: Area Source Standards—Prepared (Animal) Feeds Manufacturing 2060-AO98
21 SAN No. 4309 National VOC Emission Standards for Consumer Products and Architectural and Industrial Mainte-
nance Coatings; Amendments 2060-AI62
22 SAN No. 4531 Evaluation of Updated Test Procedures for the Certification of Gasoline Deposit Control Additives 2060-AJ61
23 SAN No. 5129; Control of Emissions From New Marine Compression-Ignition Engines At or Above 30 Liters per
Cylinder 2060-AO38
24 SAN No. 5115; Air Quality Index Reporting and Significant Harm Level for PM2.5 2060-AO11
25 SAN No. 5017; Protection of Stratospheric Ozone: Amending Requirements To Import Ozone-Depleting Sub-
stances for Destruction in the U.S 2060-AN48
26 SAN No. 4856; Protection of Stratospheric Ozone: Amendments to the Section 608 Leak Repair Regulations 2060-AM09
27 SAN No. 4916 Protection of Stratospheric Ozone; Refrigerant Recycling; Certification of Recovery and
Recovery/Recycling Equipment Intended for Use With Substitute Refrigerants 2060-AM49
28 SAN No. 3380 NSPS: SOCMI—Wastewater and Amendment 2060-AE94
29 SAN No. 4633 Performance-Based Measurement System For Fuels: Criteria For Self-Qualifying Alternative Test
Methods; Description of Optional Statistical Quality Control Measures 2060-AK03
30 SAN No. 4846; NESHAP & NSPS for Municipal Solid Waste Landfills—Amendments 2060-AM08
31 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 2060-AM44
32 SAN No. 4926; NESHAP: Defense Land Systems and Miscellaneous Equipment 2060-AM84
33 SAN No. 4699.2 Implementing Periodic Monitoring in Federal and State Operating Permit Programs 2060-ANOO
34 SAN No. 5043 Defect Reporting for On-Highway Motor Vehicles and Engines 2060-AN73
35 SAN No. 5079 Title V Rulemaking To Clarify Certain Provisions of the Operating Permit Rules in Response to
CAAA Committee Recommendations Ready for Program Office Approval 2060-AN93
36 SAN No. 5106; National Emission Standards for Hazardous Air Pollutants: Shipbuilding and Ship Repair (Surface
Coating) Operations—Amendment 2060-AO03
37 SAN No. 5105; Commercial and Industrial Solid Waste Incineration Units; Response to Remand of New Source
Performance Standards and Emission Guidelines 2060-AO12
38 SAN No. 5131 Air Quality: Revision to Definition of Volatile Organic Compounds—Exclusion of Family of Four
Hydrofluoropolyethers(HFPEs) and HFE-347pc-f 2060-AO17
39 SAN No. 5120; Response to Request for Reconsideration of Final Air Emission MACT Rules for Large Municipal
Waste Combustors (MWCs) 2060-AO18
40 SAN No. 5116; Reconsideration of Stationary Combustion Turbine NSPS 2060-AO23
41 SAN No. 5124 Fuel Economy Regulations for Automobiles: Technical Amendments and Corrections 2060-AO36
42 SAN No. 5093.1 Petroleum Refinery Residual Risk Standards 2060-AO55
43 SAN No. 5144; Standards of Performance for Coal Preparation Plants—Amendments 2060-AO57
44 SAN No. 5147; Methods for Measurement of Filterable PM10 and PM2.5 and Measurement of Condensable Par-
ticulate Matter Emissions From Stationary Sources 2060-AO58
45 SAN No. 5153 Adoption of International NOx Standard for Aircraft Engines 2060-AO70
46 SAN No. 5206 Protection of the Stratospheric Ozone: Motor Vehicle Air Conditioning System Servicing 2060-AO75
47 SAN No. 5242; Greenhouse Gas Mandatory Reporting Rule 2060-AO79
48 SAN No. 5250 Renewable Fuels Standard Program 2060-AO81
49 SAN No. 5216; Prevention of Air Pollution Emergency Episodes 2060-APOO
50 SAN No. 5232 NESHAP: Reinforced Plastic Composites Production Rule Amendments 2060-AP05
51 SAN No. 5233 New Source Performance Standards for Grain Elevators—Amendments 2060-AP06
52 SAN No. 5237 Standards of Performance for New Stationary Sources, Test Method 2H 2060-AP08
53 SAN No. 5257 Protection of Stratospheric Ozone: New Substitute in the Motor Vehicle Air Conditioning Sector
Under the Significant New Alternatives Policy (SNAP) Program 2060-AP11
54 SAN No. 5259; Ambient Ozone Monitoring Regulations: Revisions to Network Design Requirements 2060-AP15
55 SAN No. 5261; Regulation of Fuel and Fuel Additives: Gasoline and Diesel Fuel Test Methods 2060-AP17
56 SAN No. 5269; Air Quality: Revision to Definition of Volatile Organic Compounds—Exclusion of Methyl Bromide
and Methyl Iodide 2060-AP22
57 SAN No. 5273 Restructuring of the Stationary Source Audit Program 2060-AP23
58 SAN No. 5275; Rule for Implementation of 2008 8-Hour Ozone NAAQS 2060-AP24
59 SAN No. 5280 NESHAP: Group I and IV Polymers and Resins: Amendments 2060-AP25
60 SAN No. 5286 Transportation Conformity PM2.5 and PM10 Amendments 2060-AP29
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EPA
Spring 2009 Regulatory Agenda
CLEAN AIR ACT (CAA)—Proposed Rule Stage (Continued)
Sequence
Number
Title
Regulation
Identifier
Number
61 SAN No. 5194.2 Implementing the 8-hour Ozone National Ambient Air Quality Standard: NSR and Section 185
Anti-Backsliding
62 SAN No. 5289 Protocols for Monitoring and Measuring Mercury Emissions
63 SAN No. 5297; National Volatile Organic Compound Emission Standards for Aerosol Coatings; Amendments
64 SAN No. 5035.2 NSPS Equipment Leaks (Subpart VV SOCMI and GGG Petroleum Refineries); Amendments
65 SAN No. 5300; National Emission Standards for Hazardous Air Pollutants for Reciprocating Internal Combustion
Engines
66 Regulation of Fuels and Fuel Additives: Federal Volatility Control Program in the Denver-Boulder-Greeley-Ft. Col-
lins-Loveland, CO, 8-Hour Ozone Nonattainment Area
67 SAN No. 5318 In-Use Emissions Testing for Nonroad Diesel Engines
68 SAN No. 5327; Implementation of the Primary National Ambient Air Quality Standards (NAAQS) for Nitrogen Di-
oxide
69 SAN No. 5329; National Emissions Standard for Hazardous Air Pollutants for Gold Mine Ore Processing
70 SAN No. 5335; Endangerment and Cause or Contribute Findings for Greenhouse Gases Under Section 202(a) of
the Clean Air Act
2060-AP30
2060-AP31
2060-AP33
2060-AP34
2060-AP36
2060-AP40
2060-AP41
2060-AP47
2060-AP48
2060-AP55
CLEAN AIR ACT (CAA)—Final Rule Stage
Sequence
Number
Title
Regulation
Identifier
Number
71 SAN No. 4315 Source-Specific Federal Implementation Plan for Navajo Generating Station; Navajo Nation 2009-AAOO
72 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
73 SAN No. 5302; Air Quality Designations and Classifications for the 2008 Ozone National Ambient Air Quality
Standards 2060-AP37
74 SAN No. 3975 Review of New Sources and Modifications in Indian Country 2060-AH37
75 SAN No. 3958 Amendments to Standard of Performance for New Stationary Sources; Monitoring Requirements ... 2060-AH23
76 SAN No. 5036; Petroleum Refineries—New Source Performance Standards (NSPS)—Subparts J and Ja 2060-AN72
77 SAN No. 5189; NESHAP: Area Source Standards—Aluminum, Copper, and Other Nonferrous Foundries 2060-AO93
78 SAN No. 5071; Hospital/Medical/lnfectious Waste Incineration Units—Response to Remand 2060-AO04
79 SAN No. 4070 Revisions to the General Conformity Regulations 2060-AH93
80 SAN No. 4604 Modification of the Anti-Dumping Baseline Date Cut-Off Limit for Data Used in Development of an
Individual Baseline 2060-AJ82
81 SAN No. 4757.1 Component Durability Procedures for New Light Duty Vehicles, Light Duty Trucks and Heavy
Duty Vehicles 2060-AN01
82 SAN No. 5235; Protection of Stratospheric Ozone: The 2009 Critical Use Exemption From the Phaseout of Methyl
Bromide 2060-AO78
83 SAN No. 4599 Protection of Stratospheric Ozone: Listing of Substitutes for Ozone-Depleting Substances: N-
Propyl Bromide 2060-AK26
84 SAN No. 4918; Protection of Stratospheric Ozone: Listing of Substitutes in the Motor Vehicle Air Conditioning
Sector Under the Significant New Alternatives Policy (SNAP) Program 2060-AM54
85 SAN No. 5052; Protection of Stratospheric Ozone: Ban on the Sale or Distrbution of Pre-Charged Appliances 2060-AN58
86 SAN No. 5143; Review of New Source Performance Standards—Portland Cement 2060-AO42
87 SAN No. 4348 Inspection/Maintenance Program Requirements for Federal Facilities; Amendment to the Final
Rule 2060-AI97
88 SAN No. 4584 Performance Specifications for Continuous Parameter Monitoring Systems 2060-AJ86
89 SAN No. 4793; Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Ag-
gregation 2060-AL75
90 SAN No. 4874; NESHAP: Area Source Standards for Miscellaneous Chemical Manufacturing 2060-AM19
91 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
92 SAN No. 5029; Control of Air Pollution From New Motor Vehicles and New Motor Vehicle Engines: SAFETEA-LU
HOV Facilities Rule 2060-AN68
93 SAN No. 5095; NESHAP: Mercury Cell Chlor-Alkali Plants—Amendments 2060-AN99
94 SAN No. 4891.1 NESHAP: Miscellaneous Organic Chemical Manufacturing—Amendments 2060-AO07
95 SAN No. 5068; Prevention of Significant Deterioration for PM2.5—Increments, Significant Impact Levels and Sig-
nificant Monitoring Concentrations 2060-AO24
-------
10
Spring 2009 Regulatory Agenda
EPA
CLEAN AIR ACT (CAA)—Final Rule Stage (Continued)
Sequence
Number
Title
Regulation
Identifier
Number
96 SAN No. 5145; New Source Performance Standards Review for Nonmetallic Mineral Processing Plants; and
Amendments to Subpart UUU Applicability
97 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
98 SAN No. 5156; National Emission Standards for Hazardous Air Pollutants: Appendix A—Test Methods; Amend-
ments to Method 301
99 SAN No. 5154 Regulation of Fuels and Fuel Additives: Alternative Quality Assurance Requirements for Ultra-Low
Sulfur Diesel
100 SAN No. 5224; Protection of Stratospheric Ozone: Adjustments to the Allowance System for Controlling HCFC
Production, Import, and Export
101 SAN No. 5234; Protection of Stratospheric Ozone: Allocation of Essential Use Allowances for Calendar Year 2009
102 SAN No. 5035.1 NSPS for Equipment Leaks; Amendments
103 SAN No. 5194; Implementation of the 1997 8-Hr Ozone NAAQS: Revision on Subpart 1 Area Reclassification and
Anti-Backsliding Provisions Under Former 1-Hr Ozone Standard; Deletion of Obsolete 1-Hr Ozone Standard
104 SAN No. 5236; Reconsideration of Halogenated Solvent Cleaning Final Residual Risk Rule
105 SAN No. 5282; Air Quality Designations for the 24-Hour Fine Particle (PM2.5) National Ambient Air Quality Stand-
ards
106 SAN No. 5299; Rulemaking To Reaffirm the Promulgation of Revisions of the Acid Rain Program Rules
107 SAN No. 4889.1 National Emission Standards for Hazardous Air Pollutants for Area Sources: Electric Arc Furnace
Steelmaking Facilities; Direct Final Amendments
108 SAN No. 4793.1 Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Ag-
gregation
2060-A041
2060-AO51
2060-A053
2060-AO71
2060-A076
2060-AO77
2060-A090
2060-AO96
2060-AP07
2060-AP27
2060-AP35
2060-AP44
2060-AP49
CLEAN AIR ACT (CAA)—Long-Term Actions
Sequence
Number
Title
Regulation
Identifier
Number
109 SAN No. 4607 Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air
Act, Section 112(r)(7); Availability of Information to the Public; Technical Amendment 2050-AE95
110 SAN No. 3919 Prevention of Significant Deterioration of Air Quality: Permit Application Review Procedures for
Non-Federal Class I Areas 2060-AH01
111 SAN No. 4266 Review of the National Ambient Air Quality Standards for Carbon Monoxide 2060-AI43
112 SAN No. 5169; Review of the National Ambient Air Quality Standards for Particulate Matter 2060-AO47
113 SAN No. 5011; Federal Plan Requirements for Other Solid Waste Incineration Units Constructed On or Before
December 9, 2004 2060-AN43
114 SAN No. 4719 NESHAP: General Provisions; Amendments for Pollution Prevention Alternative Compliance Re-
quirements 2060-AK54
115 SAN No. 4751 National Emission Standards for Hazardous Air Pollutants for Stationary Combustion Turbines—
Petition To Delist 2060-AK73
116 SAN No. 5114 Amendment of Definitions for National Emissions Standards for Hazardous Pollutants for Radio-
nuclides 2060-AO31
117 SAN No. 5281; NESHAP Subpart W: Standards for Radon Emissions From Operating Uranium Mill Tailings: Re-
view 2060-AP26
118 SAN No. 2665 Importation of Nonconforming Vehicles; Amendments to Regulations 2060-AI03
119 SAN No. 4819 Protection of Stratospheric Ozone: Process for Exempting Emergency Uses of Methyl Bromide 2060-AL94
120 SAN No. 4901 Protection of Stratospheric Ozone: Modifications to the Technician Certification Requirements
Under Section 608 of the Clean Air Act 2060-AM55
121 SAN No. 5151 Protection of Stratospheric Ozone: Labeling of Products Using HCFCs 2060-AO68
122 SAN No. 4991 Protection of Stratospheric Ozone: Revision to Listing of Carbon Dioxide Total Flooding Fire Extin-
guishing Systems Restricting Use to Only Unoccupied Areas 2060-AN30
123 SAN No. 4988; NESHAP: Polyvinyl Chloride and Copolymers Production, Amendments 2060-AN33
124 SAN No. 4722 California Gasoline Technical Correction 2060-AK56
125 SAN No. 4706 Anti-Dumping Baseline Recalculation for Downstream Oxygenate Addition 2060-AK69
126 SAN No. 4797 Lifting the Stay of the Eight-Hour Portion of the Findings of Significant Contribution and Rule-
making for Purposes of Reducing Interstate Ozone Transport ("NOx SIP Call") 2060-AL84
127 SAN No. 4885; Flexible Air Permit Rule 2060-AM45
128 SAN No. 4908; NESHAP: General Provisions (Once In Always In)—Amendments 2060-AM75
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Spring 2009 Regulatory Agenda
11
EPA
CLEAN AIR ACT (CAA)—Long-Term Actions (Continued)
Sequence
Number
Title
Regulation
Identifier
Number
129 SAN No. 4929 NESHAP: Taconite Iron Ore Processing; Amendments 2060-AM87
130 SAN No. 4866.1 NESHAP: Site Remediation Amendments— Response to Litigation 2060-AN36
131 SAN No. 5025 Revisions to the Definition of Potential to Emit (PTE) 2060-AN65
132 SAN No. 5155 Measurement of PM 2.5 and PM 10 Emissions By Dilution Sampling 2060-AO50
133 SAN No. 5168 New Source Performance Standards (NSPS) Review Strategy 2060-AO60
134 SAN No. 5185 Plywood and Composite Wood Products (PCWP) NESHAP—Proposed and Final Amendments To
Address "No Emission Reduction" MACT Floors 2060-AO66
135 SAN No. 5093.2 RiskTechnology Phase II Group 2A 2060-AO91
136 SAN No. 5093.3 Risk Technology Phase II Group 2B 2060-AO92
137 SAN No. 5196 Risk and Technology Review Phase II Group 3 2060-AO97
138 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
139 SAN No. 5265; Greenhouse Gases Under the Clean Air Act 2060-AP12
140 SAN No. 5260; NESHAP: Gasoline Distrbution; Amendments—Area Source Standard 2060-AP16
141 SAN No. 5268 Response to Section 126 Petition From Warrick County, Indiana and the Town of Newburgh, Indi-
ana 2060-AP21
142 SAN No. 5306; Review of the National Ambient Air Quality Standards for Ozone 2060-AP38
143 SAN No. 5323; Stay of CAIR and CAIR FIP for Minnesota 2060-AP46
144 SAN No. 5336 Clean Air Interstate Rule (CAIR) Replacement Rule 2060-AP50
145 SAN No. 5347 Response to Section 126 Petition from North Carolina 2060-AP51
146 SAN No. 5349 National Emission Standards for Hazardous Air Pollutants for Coal- and Oil-Fired Electric Utility
Steam Generating Units 2060-AP52
147 Revised Exceptional Event Data Flagging Submittal and Documentation Schedule for 2008 Ozone NAAQS Moni-
toring Data 2060-AP56
CLEAN AIR ACT (CAA)—Completed Actions
Sequence
Number
Title
Regulation
Identifier
Number
148 SAN No. 5231 NESHAP: National Emission Standard for Hazardous Air Pollutants: Standards for Hazardous
Waste Combustors; PM Standards Amendments (Withdrawn)
149 SAN No. 5094; Clean Air Mercury Rule: Federal Plan
150 SAN No. 4794.2 Prevention of Significant Deterioration and Nonattainment New Source Review: Emission In-
creases for Electric Generating Units
151 SAN No. 3649 Amendments to Method 24 (Water-Based Coatings)
152 SAN No. 5059; Review of the National Ambient Air Quality Standards for Lead
153 SAN No. 4119; Performance Specification 16—Specifications and Test Procedures for Predictive Emission Moni-
toring Systems in Stationary Sources
154 SAN No. 4689 Section 126 Rule Withdrawal Provision
155 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
156 SAN No. 4697.1 Protection of Stratospheric Ozone: Adjusting Allowances for Class I Substances for Export to Ar-
ticle 5 Countries
157 SAN No. 4900; Protection of Stratospheric Ozone: Import Petitioning Requirements for Halon-1301 Aircraft Fire
Extinguishing Vessels
158 SAN No. 3917 Transportation Conformity Rule Amendment: Clarification of Trading Provisions
159 SAN No. 4796 Section 126 Rule: Withdrawal of Findings for Sources in Michigan
160 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 & In-Use, Not-To-Exceed Emission Standard
Testing
161 SAN No. 4830; Alternative Work Practice for Leak Detection and Repair
162 SAN No. 4886; NESHAP: Area Source Standards—Plating and Polishing
163 SAN No. 4699.1 Identifying Potentially Inadequate Monitoring in Clean Air Act Applicable Requirements and
Methods To Improve Such Monitoring
164 SAN No. 4940; Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Re-
consideration of Inclusion of Fugitive Emissions
2050-AG43
2060-AN98
2060-AN28
2060-AF72
2060-AN83
2060-A074
2060-AK41
2060-AM62
2060-AN87
2060-AM46
2060-AH31
2060-AL83
2060-AL92
2060-AL98
2060-AM37
2060-AM63
2060-AM91
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12
Spring 2009 Regulatory Agenda
EPA
CLEAN AIR ACT (CAA)—Completed Actions (Continued)
Sequence
Number
165
166
167
168
169
170
171
172
173
174
175
Title
SAN No 4951' Revisions to Air Emissions Reporting Requirements
SAN No. 5045; Revision to Definition of Volatile Organic Compounds — Exclusion of Propylene Carbonate and Di-
methyl Carbonate
SAN No 5093' Risk and Technology Review Phase II Group 2
SAN No 5100' Prevention of Significant Deterioration' Refinement to Increment Modeling Procedures
SAN No. 5122; NESHAP: Ferroalloys Production — Area Source Standards
SAN No. 5126; Risk and Technology Review for Group 1: Polymers & Resins I; Polymers & Resins II, Acetal
Resins, and Hydrogen Fluoride
SAN No. 5137 Protection of Stratospheric Ozone: Reserving Pre-2005 Stocks of Methyl Bromide for Critical Use
Growers
SAN No. 5174; Clarification of Reconsideration of New Source Performance Standards (NSPS) for Electric Utility,
Industrial Commercial and Institutional Steam Generating Units
SAN No. 5226; Group IV: CTGs in Lieu of Regulations for Misc. Metal Products Coatings, Plastic Parts, Auto &
Light Duty Truck Assembly Coatings Fiberglass Boat Mfg Materials and Misc Industrial Adhesives
SAN No. 4969.1 Extension of Compliance Deadline for Air Emission Testing Bodies (AETBs)
SAN No. 5326 Findings of Significant Contribution and Rulemaking on Section 126 Petitions for Purposes of Re-
ducing Interstate Ozone Transport (Completion of a Section 610 Review)
Regulation
Identifier
Number
2060-AN20
2060-AN75
2060-AN85
2060-AO02
2060-AO13
2060-AO16
2060-AO29
2060-AO61
2060-AP01
2060-AP39
2060-AP42
ATOMIC ENERGY ACT (AEA)—Long-Term Actions
Sequence
Number
Title
Regulation
Identifier
Number
176
177
178
SAN No. 4003 Technical Change to Dose Methodology
SAN No. 4054 Environmental Radiation Protection Standards for the Disposal of Low-Activity Mixed Radioactive
Waste
SAN No. 5319 Revision of Health and Environmental Protection Standards for Uranium and Thorium Mill Tailings
and Uranium In Situ Leaching Processing Facilities
2060-AH90
2060-AH63
2060-AP43
ATOMIC ENERGY ACT (AEA)—Completed Actions
Sequence
Number
179
Title
SAN No. 4964; Amendment of the Standards for Radioactive Waste Disposal in Yucca Mountain, Nevada
Regulation
Identifier
Number
2060-AN15
NOISE CONTROL ACT (NCA)—Proposed Rule Stage
Sequence
Number
180
Title
SAN No 5102 Revision of Hearing-Protector Regulations
Regulation
Identifier
Number
2060-AO25
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)—Proposed Rule Stage
Sequence
Number
181
182
183
Title
SAN No. 5031; Pesticides; Expansion of Crop Grouping Program
SAN No. 4618; Revision of Procedural Rules for Hearings on Cancellations, Suspensions, Changes in Classifica-
tions, and Denials of Pesticide Registrations
SAN No. 4985 Pesticides; Determination of Status of Prions as Pests
Regulation
Identifier
Number
2070-AJ28
201 5-AAOO
2070-AJ26
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Spring 2009 Regulatory Agenda
13
EPA
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)—Final Rule Stage
Sequence
Number
184
185
186
187
Title
SAN No. 4728 Endocrine Disrupter Screening Program (EDSP); Policy and
SAN No. 4611 Plant Incorporated Protectants (PIPs); Exemption for Those
From Sexually Compatible Plants
SAN No. 4612 Plant Incorporated Protectants (PIPs); Exemption for PIPs T
SAN No 3222 Groundwater and Pesticide Management Plan Rule
Procedures for Initial Screening
Derived Through Genetic Engineering
hat Act by Primarily Affecting the Plant
Regulation
Identifier
Number
2070-AD61
2070-AD55
2070-AD56
2070-AC46
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)—Long-Term Actions
Sequence
Number
188
189
190
191
192
193
194
195
196
197
198
Title
SAN No 5050' Pesticide Agricultural Container Recycling Program
SAN No. 4173 Pesticides; Data Requirements for Antimicrobials
SAN No 5005 Pesticides' Data Requirements for Plant-Incorporated Protectants (PIPs)
SAN No. 5331 Pesticides; Data Requirements for Product Performance
SAN No 4027' Pesticides' Tolerance Processing Fees
SAN No. 5082; Regulations To Facilitate Compliance With the Federal Insecticide, Fungicide, and Rodenticide
Act by Producers of Plant-Incorporated Protectants (PIPs)
SAN No. 4602 Plant Incorporated Protectants (PIPs); Exemption for Those Based on Viral Coat Protein Genes ....
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 5183 Pesticides' Reconsideration of Exemptions for Insect Repellents
Regulation
Identifier
Number
2070-AJ29
2070-AD30
2070-AJ27
2070-AJ49
2070-AJ23
2070-AJ32
2070-AD49
2070-AJ20
2070-AJ22
2070-AD14
2070-AJ45
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)— Completed Actions
Sequence
Number
199
Title
SAN No 5276' Pesticides' Technical Amendments
Regulation
Identifier
Number
2070-AJ42
TOXIC SUBSTANCES CONTROL ACT (TSCA)—Prerule Stage
Sequence
Number
200
201
Title
SAN No 5256 Polychlorinated Biphenyls (PCBs)' Use and Distrbution in Commerce
SAN No. 5187; Test Rule; Nonylphenol (NP) and its Ethoxylates (NPE)
Regulation
Identifier
Number
2070-AJ38
2070-AJ34
TOXIC SUBSTANCES CONTROL ACT (TSCA)—Proposed Rule Stage
Sequence
Number
202
203
204
205
206
207
Title
SAN No. 5279 TSCA Inventory Update Reporting Modifications
SAN No 4975 Effects of Transfers of Ownership on Obligations Under Section 5 of TSCA
SAN No. 5238 Significant New Use Rule for Elemental Mercury in Flow Meters, Manometers, and Pyrometers
SAN No 3990 Test Rule' Testing of Certain High Production Volume (HPV) Chemicals
SAN No. 3493.3 Test Rule; Brominated Flame Retardants (BFRs) [DECA]
SAN No 5334 Lead' Minor Amendments to the Renovation Repair and Painting Program
Regulation
Identifier
Number
2070-AJ43
2070-AJ15
2070-AJ36
2070-AD16
2070-AJ08
2070-AJ48
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14
Spring 2009 Regulatory Agenda
EPA
TOXIC SUBSTANCES CONTROL ACT (TSCA)—Final Rule Stage
Sequence
Number
208
209
210
211
212
213
214
Title
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. 5270; Electronic Premanufacture Notice (PMN) Reporting
SAN No. 3495 Significant New Use Rule (SNUR); Chemical-Specific SNURs To Extend Provisions of Section 5(e)
Orders
SAN No. 1923.1 Significant New Use Rule for Chloranil
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
Regulation
Identifier
Number
2070-AJ21
2070-AD58
2070-AJ41
2070-AB27
2070-AJ31
2070-AB11
2070-AC21
TOXIC SUBSTANCES CONTROL ACT (TSCA)—Long-Term Actions
Sequence
Number
215
216
217
218
219
220
221
222
223
224
225
226
227
228
229
230
231
232
233
234
Sequence
Number
235
236
237
238
239
240
241
242
243
244
Title
SAN No. 3148 Asbestos Model Accreditation Plan Revisions
SAN No. 4878; TSCA Inventory Nomenclature for Enzymes and Proteins
SAN No 21502 Polychlorinated Biphenyls (PCBs)' Manufacturing (Import) Exemption For Disposal
SAN No. 2150 Polychlorinated Biphenyls (PCBs); Petitions Seeking a Manufacturing (Import) Exemption for Use ..
SAN No. 1976 Significant New Use Rules (SNURs); Follow-Up Rules on Non-5(e) New Chemical Substances
SAN No. 1923 Follow-Up Rules on Existing Chemicals
SAN No 3528 Refractory Ceramic Fibers (RCFs)
SAN No 5312 Mercury Regulation of Use in Certain Products
SAN No 2563 Test Rule' Certain Chemicals on the ATSDR Priority List of Hazardous Substances
SAN No 3493 Testing for Existing Chemicals (Overview Entry for Future Needs)
SAN No 3487 Test Rule' Hazardous Air Pollutants (HAPs)
SAN No. 4395 Test Rule; Multiple Substance Rule for the Testing of Developmental and Reproductive Toxicity ....
SAN No 3493 2 Testing Agreement for Aryl Phosphates (ITC List 2)
SAN No 5313 Test Rule' Multiwall Carbon Nanotubes
SAN No. 2178 TSCA Section 8(a) Preliminary Assessment Information Rules
SAN No. 4376 Lead-Based Paint Activities; Bridges and Structures; Training, Accreditation, and Certification Rule
and Model State Plan Rule
SAN No. 4777 Lead-Based Paint; Amendments to the Requirements for Disclosure of Known Lead-Based Paint
or Lead-Based Paint Hazards in Target Housing
SAN No 4598 TSCA Policy Statement on Oversight of Transgenic Organisms (Including Plants)
SAN No 5287' Formaldehyde Emissions From Pressed Wood Products
SAN No. 5305 TSCA Section 13 Amendment: Electronic Reporting of TSCA Chemical Import Data in the Auto-
mated Commercial Environment (ACE)
TOXIC SUBSTANCES CONTROL ACT (TSCA)— Completed Actions
Title
SAN No. 5271 ; Lead-Based Paint Activities; Fees for Accreditation of Training Programs and Certification of
Lead-Based Paint Activities Contractors
SAN No. 4512 Significant New Use Rule (SNUR); Selected Flame Retardant Chemical Substances for Use in
Residential Upholstered Furniture
SAN No. 2865 Voluntary Children's Chemical Evaluation Program (VCCEP)
SAN No. 3882 Test Rule; Certain Metals
SAN No. 4176 Voluntary High Production Volume (HPV) Chemical Challenge Program
SAN No. 4174 Testing Agreement for Certain Oxygenated Fuel Additives
SAN No. 3493.1 Testing Agreement for Perfluorooctanoic Acid (PFOA)
SAN No. 3493.4 HAPs Testing Agreement for Diethanolamine
SAN No. 3493.5 HAPs Testing Agreement for Hydrogen Fluoride
SAN No. 3493.7 HAPS Testina Aareement for Phthalic Anhydride
Regulation
Identifier
Number
2070-AC51
2070-AJ04
2050-AG42
2070-AJ39
2070-AA59
2070-AA58
2070-AC37
2070-AJ46
2070-AB79
2070-AB94
2070-AC76
2070-AD44
2070-AJ07
2070-AJ47
2070-AB08
2070-AC64
2070-AD64
2070-AD53
2070-AJ44
2070-AJ50
Regulation
Identifier
Number
2070-AJ40
2070-AD48
2070-AC27
2070-AD10
2070-AD25
2070-AD28
2070-AJ06
2070-AJ09
2070-AJ10
2070-AJ11
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Spring 2009 Regulatory Agenda
15
EPA
TOXIC SUBSTANCES CONTROL ACT (TSCA)—Completed Actions (Continued)
Sequence
Number
Title
Regulation
Identifier
Number
245
SAN No. 3493.6 HAPs Testing Agreement for Maleic Anhydride 2070-AJ13
EMERGENCY PLANNING AND COMMUNITY RIGHT—TO—KNOW ACT (EPCRA)—Proposed Rule Stage
Sequence
Number
Title
Regulation
Identifier
Number
246 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
247 SAN No. 2425.3 TRI; Response to Petition To Delete Acetonitrile From the Toxics Release Inventory List of Toxic
Chemicals 2025-AA19
248 SAN No. 4616 Clarify TRI Reporting Obligations Under EPCRA Section 313 for the Metal Mining Activities of Ex-
traction and Beneficiation 2025-AA11
249 SAN No. 5296; Toxics Release Inventory (TRI) Articles Exemption Clarification Rule 2025-AA24
EMERGENCY PLANNING AND COMMUNITY RIGHT—TO—KNOW ACT (EPCRA)—Final Rule Stage
Regulation
Nmhr Title Identifier
Number Number
250 SAN No. 5343; Toxics Release Inventory Form A Eligibility Revisions Implementing the 2009 Omnibus Appropria-
tions Act 2025-AA25
EMERGENCY PLANNING AND COMMUNITY RIGHT—TO—KNOW ACT (EPCRA)—Long-Term Actions
TSST
251 SAN No. 3215.1 Emergency Planning and Community Right-To-Know Act: Amendments and Streamlining Rule ... 2050-AG40
252 SAN No. 2425.4 TRI; Response to Petition To Delete Chromium, Antimony, Titanate From the Metal Compound
Categories Listed on the Toxics Release Inventory 2025-AA16
253 SAN No. 2425.1 TRI; Response to Petition To Add Diisononyl Phthalate to the Toxics Release Inventory List of
Toxic Chemicals 2025-AA17
EMERGENCY PLANNING AND COMMUNITY RIGHT—TO—KNOW ACT (EPCRA)—Completed Actions
Sequence
Number
Title
Regulation
Identifier
Number
254
SAN No. 3215 Emergency Planning and Community Right-To-Know Act: Amendments to Parts 355 and 370
2050-AE17
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)—Prerule Stage
Sequence
Number
Title
Regulation
Identifier
Number
255
SAN No. 4920.1 Streamlining Laboratory Waste Management in Government Research Laboratories
2050-AG54
-------
16
Spring 2009 Regulatory Agenda
EPA
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)—Proposed Rule Stage
Sequence
Number
256
257
258
259
260
Title
SAN No 5266' Identification of Non-Hazardous Materials That Are Solid Wastes
SAN No. 4470 Standards for the Management of Coal Combustion Residues Generated by Commercial Electric
Power Producers
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. 5310 Hazardous Waste Technical Corrections and Clarifications Rule — Parts 260 to 265
SAN No 5309 Episodic Generation Rulemaking
Regulation
Identifier
Number
2050-AG44
2050-AE81
2050-AG45
2050-AG52
2050-AG51
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)—Final Rule Stage
Sequence
Number
261
262
Title
SAN No. 4091 Modifications to RCRA Rules Associated With Solvent-Contaminated Industrial Wipes
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
Regulation
Identifier
Number
2050-AE51
2050-AE93
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)—Long-Term Actions
Sequence
Number
263
264
265
266
267
268
269
270
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. 3147.1 Hazardous Waste Manifest Revisions — Standards and Procedures for Electronic Manifests
SAN No. 5127; Amendment to the Universal Waste Rule: Addition of Pharmaceuticals
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. 5322 Remove Saccharin and Its Salts From the Lists of Hazardous Constituents, Hazardous Wastes,
and Hazardous Substances
SAN No 4735 RCRA Smarter Waste Reporting
SAN No 2647 RCRA Subtitle C Financial Test Criteria Regulatory Determination
Regulation
Identifier
Number
2050-AE23
2050-AE34
2050-AG20
2050-AG39
2050-AG34
2050-AG55
2050-AF01
2050-AC71
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)—Completed Actions
Sequence
Number
Title
Regulation
Identifier
Number
271
272
273
274
SAN No. 5128; Waste Management System; Testing and Monitoring Activities; Methods Innovation Rule; Correc-
tion (Withdrawn)
SAN No. 4977; Expanding the Comparable Fuels Exclusion Under RCRA
SAN No. 4920; Rulemaking to Streamline Laboratory Waste Management in Academic and Research Labora-
tories
SAN No. 4828 RCRA Incentives for Performance Track Members
2050-AG38
2050-AG24
2050-AG18
2090-AA34
COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT—Prerule Stage
Sequence
Number
275
Title
SAN No. 5350 CERCLA 108(b) Financial Responsibility
Regulation
Identifier
Number
2050-AG56
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Spring 2009 Regulatory Agenda
17
EPA
COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT—Proposed Rule
Stage
Sequence
Number
Title
Regulation
Identifier
Number
276
SAN No. 3439 National Priorities List for Uncontrolled Hazardous Waste Sites: Proposed and Final Rules 2050-AD75
COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT—Final Rule Stage
Sequence
Number
Title
Regulation
Identifier
Number
277
SAN No. 5328 Inclusion of CERCLA Section 128(a) State Response Programs and Trbal Response Programs .... 2050-AG53
COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT—Long-Term Actions
Sequence
Number
Title
Regulation
Identifier
Number
278 SAN No. 4971 National Contingency Plan Revisions To Align With the National Response Plan 2050-AG22
279 SAN No. 4737 Correction of Errors and Adjustment of CERCLA Reportable Quantities 2050-AF03
COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT—Completed Actions
Regulation
Nmhr Title Identifier
Number Number
280 SAN No. 5117; CERCLA/EPCRA Administrative Reporting Exemption for Air Releases of Hazardous Substances
From Animal Waste at Farms 2050-AG37
281 SAN No. 5292; Addition of Reference to New Forestland Phase I Standard to Referenced Compliant Standards in
All Appropriate Inquiries Final Rule 2050-AG47
CLEAN WATER ACT (CWA)—Proposed Rule Stage
Regulation
FuS
282 SAN No. 5330 Oil and Gas Construction Stormwater Rule 2040-AF05
283 SAN No. 4948; Effluent Limitations Guidelines and Standards for Airport Deicing Operations 2040-AE69
284 SAN No. 5210; Criteria and Standards for Cooling Water Intake Structures—Phase II Remand 2040-AE95
285 SAN No. 5320; 2010 Effluent Guidelines Program Plan 2040-AF06
286 SAN No. 5251; NPDES Program Management Information Rulemaking 2020-AA47
287 SAN No. 4746 Regulations for Gray and Black Water Discharges From Cruise Ships Operating in Certain Alaskan
Waters 2040-AD89
CLEAN WATER ACT (CWA)—Final Rule Stage
I
288 SAN No. 2634.2 Revisions to the Spill Prevention, Control, and Countermeasure (SPCC) Rule 2050-AG16
289 SAN No. 2634.7 Oil Pollution Prevention; Non-Transportation Related Onshore Facilities Compliance Dates 2050-AG49
290 SAN No. 5119; Effluent Limitations Guidelines and Standards for the Construction and Development Point Source
Category 2040-AE91
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18
Spring 2009 Regulatory Agenda
EPA
CLEAN WATER ACT (CWA)—Long-Term Actions
Sequence
Number
Title
Regulation
Identifier
Number
291
292
293
294
295
296
297
298
299
300
301
302
SAN No. 2634.8 Oil Pollution Prevention: Spill Prevention, Control, and Countermeasure Rule Requirements—
Amendments for Milk Containers
SAN No. 4526 Revisions to the National Oil and Hazardous Substances Pollution Contingency Plan
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. 4967 New/Revised Ambient Water Quality Criteria (AWQC) for Recreational Waters
SAN No. 5098; Implementation Guidance for Mercury Water Quality Criteria
SAN No. 5311 Development of Best Management Practices for Recreational Boats Under Section 312(o) of the
Clean Water Act
2050-AG50
2050-AE87
2040-AD09
2040-AD39
2040-AC84
2040-AD02
2040-AD87
2040-AE88
2040-AE82
2040-AE77
2040-AE87
2040-AF03
CLEAN WATER ACT (CWA)—Completed Actions
Sequence
Number
303
304
305
306
307
308
Title
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. 4996; Concentrated Animal Feeding Operation Rule
SAN No. 5162; NPDES General Permits for Discharges Incidental to the Normal Operations of a Vessel
SAN No 5205 Revisions to the Clean Water Act Regulatory Definition of "Discharge of Dredged Material"
SAN No. 5243; NPDES Voluntary Permit Fee Incentive for Clean Water Act Section 106 Grants; Allotment For-
mula
Regulation
Identifier
Number
2050-AG48
2040-AC93
2040-AE80
2040-AE93
2040-AE96
2040-AF07
SAFE DRINKING WATER ACT (SDWA)—Prerule Stage
Sequence
Number
Title
Regulation
Identifier
Number
309
SAN No. 5332; Revisions to the Underground Injection Control (UIC) Requirements for Class V Wells (Section
610 Review)
2040-AF04
SAFE DRINKING WATER ACT (SDWA)—Proposed Rule Stage
Sequence
Number
310
Title
SAN No 5066 Second 6 Year Review of Existing National Primary Drinking Water Regulations
Regulation
Identifier
Number
2040-AE90
SAFE DRINKING WATER ACT (SDWA)—Final Rule Stage
Sequence
Number
311
Title
SAN No. 4966: Drinkina Water Reaulations for Aircraft Public Water Svstem
Regulation
Identifier
Number
2040-AE84
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Spring 2009 Regulatory Agenda
19
EPA
SAFE DRINKING WATER ACT (SDWA)—Final Rule Stage (Continued)
Sequence
Number
312
313
Title
SAN No. 4745 Drinking Water Contaminant Candidate List 3
SAN No. 5272 National Primary Drinking Water Regulations: Minor Correction to Stage 2 Disinfectants & Disinfec-
tion Byproducts Rule and Changes Related to References of Analytical Methods in the CFR
Regulation
Identifier
Number
2040-AD99
2040-AFOO
SAFE DRINKING WATER ACT (SDWA)—Long-Term Actions
Sequence
Number
314
315
316
317
318
319
320
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 Rule
SAN No. 4236 Underground Injection Control: Update of State Programs
SAN No. 5211; Federal Requirements Under the Underground Injection Control (UIC) Program for Carbon Diox-
ide (CO2) Geologic Sequestration (GS) Wells
SAN No. 5284; Revising Underground Storage Tank Regulations (Part 280, 281) — Revisions to Existing Require-
ments and Additions to Incorporate the Provisions of the Energy Policy Act
Regulation
Identifier
Number
2040-AA94
2040-AC13
2040-AD54
2040-AD94
2040-AD40
2040-AE98
2050-AG46
MARINE PROTECTION RESEARCH AND SANCTUARY ACT (MPRSA)—Completed Actions
Sequence
Number
Title
Regulation
Identifier
Number
321
SAN No. 5290; Repeal of Regulation Identifying "Dumping Sites Designated on an Interim Basis" Under the Ma-
rine Protection, Research, and Sanctuaries Act
2040-AF01
SHORE PROTECTION ACT (SPA)—Long-Term Actions
Sequence
Number
322
Title
SAN No 2820 Shore Protection Act Regulations
Regulation
Identifier
Number
2040-AB85
Environmental Protection Agency (EPA)
General
Proposed Rule Stage
1. WASTE ENERGY RECOVERY
REGISTRY
Priority: Other Significant
Legal Authority: 42 USC 6342
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" in
cooperation with the Department of
Energy and state energy offices. This
inventory program is comprised 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 a rule establishing criteria for
including sites in the Registry.
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. 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
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20
Spring 2009 Regulatory Agenda
EPA—General
Proposed Rule Stage
Email: pielli.katrina@epamail.epa.gov
RIN: 2060-AP14
2. REVISIONS TO ACQUISITION
REGULATION CONCERNING
CONFLICT OF INTEREST
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: The purpose of this rule is
to revise the Agency's conflict of
interest (COI) acquisition regulations.
The specific revisions involve more
stringent requirements for submission
of relevant information from Agency
contractors and potential contractors
regarding their relationships with
parent companies, affiliates,
subsidiaries, and sister companies.
Current Agency regulations do not
require the submission of this level of
information. Receipt and evaluation of
this information is critical in order for
the Agency to decide whether or not
COI situations exist and how they are
to be handled. This revised rule will
also codify several COI clauses that
have been developed since the issuance
of the previous rule in 1994.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
12/00/09
06/00/10
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: 202 564-1377
Fax: 202 565-2552
Email:
humphries.daniel@epamail.epa.gov
RIN: 2030-AA67
3. • GOVERNMENT PROPERTY AND
CONTRACT PROPERTY
ADMINISTRATION REQUIREMENTS
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
Legal Authority: Not Yet Determined
CFR Citation: 48 CFR 1545 and 1521
Legal Deadline: None
Abstract: The Environmental
Protection Agency (EPA) will amend
the EPA Acquisition Regulation
(EPAAR) to update policy, procedures,
and contract clauses. The proposed rule
consolidates the EPAAR physical
property clauses (Decontamination,
Fabrication, and Government Property),
re-designates the prescription number
in the data clause, and updates the
roles and responsibilities of the
contractor, DCMA, and CPC.
Sections Affected: EPAAR 1552.245-71
Government Furnished Data; 1552.245-
73 Government Property (GP);
1552.245-72-Fabrication or Acquisition
of Nonexpendable Property; 1552.245-
70 Decontamination.
Timetable:
Action
Date
FR Cite
NPRM
04/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5308;
Agency Contact: Iris Redmon,
Environmental Protection Agency,
Administration and Resources
Management, 1200 Pennsylvania
Avenue NW, Washington, DC 20460
Phone: 202 564-2644
Email: redmon.iris@epamail.epa.gov
Daniel Humphries, Environmental
Protection Agency, Administration and
Resources Management, 3802R,
Washington, DC 20460
Phone: 202 564-4377
Fax: 202 565-2552
Email:
humphries.daniel@epamail.epa.gov
RIN: 2030-AA98
Environmental Protection Agency (EPA)
General
Final Rule Stage
4. 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 C.F.R. 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
06/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5291;
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Spring 2009 Regulatory Agenda
21
EPA—General
Final Rule Stage
Agency Contact: Peggy Love,
Environmental Protection Agency,
Office of General Counsel, 1200
Pennsylvania Avenue NW, Washington,
DC 20460
Phone: 202 564-1784
Email: love.peggy@epamail.epa.gov
Jennie Keith, Environmental Protection
Agency, Office of General Counsel,
1200 Pennsylvania Avenue NW,
Washington, DC 20460
Phone: 202 564-3412
Email: keith.jennie@epamail.epa.gov
RIN: 2015-AA01
5. • TECHNICAL CORRECTIONS TO
TITLE 40 TO CONFORM TO THE CIVIL
MONETARY PENALTY INFLATION
ADJUSTMENT RULE
Priority: Info./Admin./Other
Legal Authority: 31 USC 3701
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: On December 11, 2008, EPA
promulgated the 2008 Civil Monetary
Penalty Inflation Adjustment Rule (73
FR 75340) to adjust all statutory civil
monetary penalties for inflation. This
rule was issued pursuant to the Debt
Collection Improvement Act (DCIA),
which requires each federal agency to
adjust statutory penalty amounts under
its jurisdiction to account for inflation.
During the course of that rulemaking,
EPA discovered that certain regulatory
provisions of Title 40 referred to
outdated statutory civil penalty
amounts. This rulemaking will amend
all regulatory references to specific civil
penalty amounts to refer to the
operative effective statutory maximum
penalty amount reflected in 40 CFR
19.4.
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. 5325;
EPA Docket information: 000
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
Susan O'Keefe, Environmental
Protection Agency, Office of
Enforcement and Compliance
Assurance, 1200 Pennsylvania Avenue
NW, Washington, DC 20460
Phone: 202 564-1021
Email: okeefe.susan@epamail.epa.gov
RIN: 2020-AA49
6. 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.
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. 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, 1201A, Washington, DC
20460
Phone: 202 343-9682
Fax: 202 233-0630
Email: yorker.yasmin@epa.gov
RIN: 2090-AA37
Environmental Protection Agency (EPA)
General
Completed Actions
7. REGULATION TO ADJUST CIVIL
MONETARY PENALTIES FOR
INFLATION
Priority: Substantive, Nonsignificant
Legal Authority: 31 USC 3701; PL
101-410
CFR Citation: 40 CFR 19; 40 CFR 27
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 four years.
Timetable:
Action
Date
FR Cite
Direct Final Action 12/11/08 73 FR 75340
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
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22
Spring 2009 Regulatory Agenda
EPA—General
Completed Actions
Additional Information: SAN No. 5248;
EPA publication information: Direct
Final Action -
http://www.epa.gov/fedrgstr/EPA-
GENERAL/2008/December/Day-
Il/g29380.pdf;
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
8. PROCEDURES FOR IMPLEMENTING
THE NATIONAL ENVIRONMENTAL
POLICY ACT AND ASSESSING THE
ENVIRONMENTAL EFFECTS ABROAD
OF EPA ACTIONS
Priority: Info./Admin./Other
Legal Authority: 42 USC 4321 to 4347
CFR Citation: 40 CFR 6
Legal Deadline: None
Abstract: The Environmental
Protection Agency has taken 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 made two
minor, technical corrections to the
regulations. The first change corrected
the number of extraordinary
circumstances from 14 to 10, as
referenced at 40 CFR part 6.204
(f)(2)(vi). The second change clarified
the language in a categorical exclusion
(found at 40 CFR part 6.204 (a)(2)(ii))
to include vacant land. Neither of these
changes affects the substantive
conditions of the regulations. The rule
will be effective April 6, 2009.
Timetable:
Action
NPRM
NPRM Comment
Period End
Direct Final Action
Date FR Cite
02/04/09 74 FR 6008
03/06/09
02/04/09 74 FR 5991
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5288;
EPA publication information: NPRM -
http ://www. epa.gov/fedrgstr/EPA-
GENERAL/2009/February/Day-
04/g2350.htm; EPA Docket information:
EPA-HQ-OECA-2009-0006
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 Avenue
NW, Washington, DC 20460
Phone: 202 564-0276
Email:
loichinger.jaime@epamail.epa.gov
RIN: 2020-AA48
9. 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: None
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.
EPA undertook this rulemaking in
conjunction with a court action
whereby the plaintiff challenged EPA's
confidentiality regulations. Litigation
was stayed while EPA proposed this
rule. This rulemaking was entered into
the system subject to possible
withdrawal or amendment pending the
Court's determination. The U.S. District
Court for the District of Columbia
determined that the Agency's
determination that the substantiation
was entitled to confidential treatment
was based on Exemption 4 of the
Freedom of Information Act and not on
2.205. Pursuant to OGC's
determination, this rule may be
withdrawn in accordance with the
Court's holding.
Timetable:
Action
Date FR Cite
NPRM1
NPRM 2
NPRM 3
NPRM 4
ANPRM
Withdrawn
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
02/26/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 3240;
Agency Contact: Sara Hisel-McCoy,
Environmental Protection Agency,
Office of Environmental Information,
2822-T, Washington, DC 20460
Phone: 202 566-1649
Fax: 202 566-1639
Email: hisel-
mccoy.sara@epamail.epa.gov
Joe Sierra, Environmental Protection
Agency, Office of Environmental
Information, 2822-T, Washington, DC
20460
Phone: 202 566-1683
Fax: 202 566-1639
Email: sierra.joe@epamail.epa.gov
RIN: 2025-AA02
10. CROSS-MEDIA ELECTRONIC
REPORTING REGULATION
(CROMERR) TECHNICAL
AMENDMENT
Priority: Substantive, Nonsignificant
Legal Authority: 7 USC 136 to I36y;
15 USC 260 to 2692; 33 USC 1251 to
1387; 33 USC 1401 to 1445; 33 USC
2701 to 2761; 42 USC 300f to 300J26;
42 USC 4852d; 42 USC 6901 to 6992k;
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Spring 2009 Regulatory Agenda
23
EPA—General
Completed Actions
42 USC 7401 to 7671q; 42 USC 9601
to 9675; 42 USC 11001 to 11050; 15
USC 7001; 44 USC 3504 to 3506
CFR Citation: 40 CFR 3
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.
CROMERR applies to any document
submissions required by or permitted
under EPA or any 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
had until October 13, 2008, to submit
their applications for EPA approval of
their system under CROMERR.
This action extended the October 13,
2008, deadline for existing systems by
fifteen (15) months, to January 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 10/17/08 73 FR 61773
Final Action— 12/24/08 73 FR 78991
Deadline Extension
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Local,
State, Tribal
Additional Information: SAN No. 5295;
EPA publication information: Direct
Final Action -
http://www.epa.gov/fedrgstr/EPA-
GENERAL/2 008/October/Day-
17/g24824.htm;
Agency Contact: Evi Buffer,
Environmental Protection Agency,
Office of Environmental Information,
2823T, Washington, DC 20460
Phone: 202-566-1697
Email: huffer.evi@epamail.epa.gov
David Schwarz, Environmental
Protection Agency, Office of
Environmental Information, 2823T,
Washington, DC 20460
Phone: 202-566-1704
Email: schwarz.david@epamail.epa.gov
RIN: 2025-AA23
Environmental Protection Agency (EPA)
Clean Air Act (CAA)
Proposed Rule Stage
11. 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 and
7409
CFR Citation: 40 CFR 50
Legal Deadline: Other, Judicial, July
11, 2008, Integrated Science
Assessment to be issued.
NPRM, Judicial, June 26, 2009.
Final, Judicial, January 22, 2010.
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 8, 1996, 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, EPA's Office of
Research and Development (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. The Administrator's proposal
to retain or revise the NO2 NAAQS will
be published with a request for public
comment. Input received during the
public comment period will be
considered in the Administrator's final
decision.
Timetable:
Action
Date FR Cite
NPRM
Final Action
07/00/09
02/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 5111;
EPA Docket information: EPA-HQ-OAR-
2006-0922
Agency Contact: Scott Jenkins,
Environmental Protection Agency, Air
and Radiation, C504-06, Research
Triangle Park, NC 27711
Phone: 919 541-1167
Fax: 919 541-0237
Email: jenkins.scott@epa.gov
Karen Martin, Environmental Protection
Agency, Air and Radiation, C 504-06,
Durham, NC 27711
Phone: 919 541-5274
Fax: 919 541-0237
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24
Spring 2009 Regulatory Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Email: martin.karen@epa.gov
RIN: 2060-AO19
12. REVIEW OF THE PRIMARY
NATIONAL AMBIENT AIR QUALITY
STANDARD FOR SULFUR DIOXIDE
Priority: Economically Significant.
Major under 5 USC 801.
Legal Authority: 42 USC 7408; 42 USC
7409
CFR Citation: 40 CFR 50
Legal Deadline: None
Abstract: The Clean Air Act
Amendments of 1977 require EPA to
review and, if appropriate, revise air
quality criteria primary (health-based)
and secondary (welfare-based) national
ambient air quality standards (NAAQS)
periodically. On May 22, 1996, the EPA
published a final decision under
section 109(d)(l) that revisions of the
primary and secondary NAAQS for
sulfur dioxide (SO2) were not
appropriate at that time, aside from
several minor technical changes. That
action provided the Administrator's
final determination, after careful
evaluation of comments received on the
November 1994 proposal, that
significant revisions to the primary and
the secondary NAAQS for SO2 would
not be made at that time. In 2006, the
EPA Office of Research and
Development (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.) ORD and EPA's
Office of Air and Radiation (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, which will
also undergo CASAC and public
review. As the primary SO2 NAAQS
review is completed, the
Administrator's proposal to retain or
revise the SO2 NAAQS will be
published with a request for public
comment. Input received during the
public comment period will be
considered in the Administrator's final
decision.
Timetable:
Action
Date FR Cite
NPRM
Final Action
11/00/09
06/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 5163;
EPA Docket information: EPA-HQ-OAR-
2007-0352
Agency Contact: Michael Stewart,
Environmental Protection Agency, Air
and Radiation, C5 04-06, 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, C 504-06,
Durham, NC 27711
Phone: 919 541-5274
Fax: 919 541-0237
Email: martin.karen@epa.gov
RIN: 2060-AO48
13. 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: Other, Judicial,
December 12, 2008, Integrated Science
Assessment to be issued.
NPRM, Judicial, February 12, 2010.
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 CAA Amendments of
1977 require EPA to review and, if
appropriate, revise air quality criteria,
primary (health-based), and secondary
(welfare-based) NAAQS every 5 years.
On October 11, 1995, 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,EPA published a final
decision that revisions of the primary
and secondary NAAQS for sulfur
dioxide (SO2) were not appropriate at
that time, aside from several minor
technical changes. That action provided
the Administrator's final determination,
after careful evaluation of comments,
that significant revisions to the primary
and the secondary NAAQS for SO2
would not be made at that time. On
December 9, 2005, EPA's Office of
Research and Developement (ORD)
initiated the current periodic review of
NO2 air quality criteria with a call for
information in the Federal Register
(FR). On May 3, 2006, ORD initiated
the current periodic review of SO2 air
quality criteria with a call for
information in the FR. 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 NO2,
SO2, 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).
ORD and EPA's Office of Air and
Radiation (OAR) will prepare a plan for
this 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, which will also undergo
CASAC and public review. As the
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Spring 2009 Regulatory Agenda
25
EPA—Clean Air Act (CAA)
Proposed Rule Stage
NAAQS review is completed, the
Administrator's proposal to retain or
revise the secondary NAAQS for NO2
and SO2 will be published with a
request for public comment. Input
received during the public comment
period will be considered in the
Administrator's final decision.
Timetable:
Action
Date FR Cite
NPRM
Final Action
02/00/10
11/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, 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
14. 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 187 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 adverse
human health problems. The law
requires 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 support
their petition. 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. This petition was
deemed complete in 2005.
Timetable:
Action
Date FR Cite
Notice of Complete 05/26/05 70 FR 30407
Petition
Petition Response 12/00/09
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, RTF, NC
27711
Phone: 919 541-3078
Email: nizich.greg@epa.gov
Scott Jenkins, Environmental Protection
Agency, Air and Radiation, C504-06,
Research Triangle Park, NC 27711
Phone: 919 541-1167
Fax: 919 541-0237
Email: jenkins.scott@epa.gov
RIN: 2060-AK84
15. 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.
Timetable:
Action
Date
FR Cite
Notice
Petition Response
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 ://a2 5 7 .g. akamai tech.net/7/
257/2422/06jun20041800/
edocket.access.gpo.gov/2004/04-
16335.htm;
Agency Contact: Ken Hustvedt,
Environmental Protection Agency, Air
and Radiation, 1200 Pennsylvania
Avenue NW, RTF, NC 27711
Phone: 919 541-5395
Fax: 919 685-3200
Email: hustvedt.ken@epamail.epa.gov
RIN: 2060-AM20
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26
Spring 2009 Regulatory Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
16. NESHAP: AREA SOURCE
STANDARDS—CHEMICAL
PREPARATIONS INDUSTRY
Priority: Other Significant
Legal Authority: CAA 112
CFR Citation: 40 CFR 63
Legal Deadline: Final, Judicial, June
15, 2009, Court ordered deadline (area
source standards).
Abstract: Section 112 (k) of the Clean
Air Act requires the development of
standards for area sources that account
for 90% of the emissions in urban areas
of the 30 urban hazardous air
pollutants (HAP) listed in the
Integrated Urban Air Toxics Strategy.
The Integrated Urban Air Toxics
Strategy lists chemical preparations as
an area source category.
Timetable:
Action
Date FR Cite
NPRM
Final Action
04/00/09
07/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 5015
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,
C404-05, Research Triangle Park, NC
27711
Phone: 919 541-5428
Fax: 919 541-0242
Email:
edwards.chebryll@epamail.epa.gov
RIN: 2060-AN46
17. NESHAP: AREA SOURCE
STANDARDS—PAINTS AND ALLIED
PRODUCTS MANUFACTURING
Priority: Other Significant
Legal Authority: CAA 112
CFR Citation: 40 CFR 63
Legal Deadline: Final, Judicial, June
15, 2009, Court ordered deadline (area
source standards).
Abstract: Section 112 (k) of the Clean
Air Act requires the development of
standards for area sources that account
for 90 percent of the emissions in urban
areas of the 30 urban hazardous air
pollutants (HAP) listed in the
Integrated Urban Air Toxics Strategy.
The Integrated Urban Air Toxics
Strategy lists paints and allied products
manufacturing as an area source
category.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
04/00/09
07/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
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,
C404-05, Research Triangle Park, NC
27711
Phone: 919 541-5428
Fax: 919 541-0242
Email:
edwards.chebryll@epamail.epa.gov
RIN: 2060-AN47
18. NESHAP: PORTLAND CEMENT
NOTICE OF RECONSIDERATION
Priority: Economically Significant.
Major under 5 USC 801.
Unfunded Mandates: This action may
affect State, local or tribal governments.
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63.1340 to
63.1359
Legal Deadline: NPRM, Judicial, March
31, 2009, -.
Abstract: On December 20, 2006, EPA
published final amendments to the
Portland Cement NESHAP. These
amendments were in response to a
remand by the B.C. Circuit Court of
portions of the final rule published in
1999. At the same time as the final
amendments were published, EPA 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. The
Agency took this action because there
were still substantive technical issues
and there was not sufficient
opportunity for public comment on
parts of the final action.
Since announcing our intent to
reconsider the December 2006 rule,
EPA has conducted extensive data
gathering and analysis. As part of this
effort, we requested that four cement
facilities that have wet scrubbers for
SO2 control perform inlet and outlet
testing for speciated mercury emissions
and submit the test data to EPA to be
used in the reconsideration. Due to the
impacts of the decision of the D.C.
Circuit Court on the Brick
Manufacturing NESHAP, we also
performed significant additional data
gathering on information on cement
kiln mercury and total hydrocarbon
inputs and emissions.
Timetable:
Action
Date FR Cite
NPRM
Final Action
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-AJ78.; EPA
Docket information: EPA-HQ-OAR-
2002-0051
Agency Contact: Keith Barnett,
Environmental Protection Agency, Air
and Radiation, D243-02, RTF, NC
27711
Phone: 919 541-5605
Fax: 919 541-3207
Email: barnett.keith@epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, D243-02,
RTF, NC 27709
Phone: 919 541-2837
Fax: 919 541-3207
Email: fruh.steve@epa.gov
RIN: 2060-AO15
19. NESHAP: AREA SOURCE
STANDARDS—ASPHALT
PROCESSING AND ASPHALT
ROOFING MANUFACTURING
Priority: Other Significant
Legal Authority: CAA 112
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Spring 2009 Regulatory Agenda
27
EPA—Clean Air Act (CAA)
Proposed Rule Stage
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% of the emissions in urban areas
of the 30 urban hazardous air
pollutants (HAP) listed in the
Integrated Urban Air Toxics Strategy.
The Integrated Urban Air Toxics
Strategy lists asphalt processing and
asphalt roofing manufacturing as an
area source category.
Timetable:
Action
Date FR Cite
NPRM
Final Action
04/00/09
06/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
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,
C404-05, Research Triangle Park, NC
27711
Phone: 919 541-5428
Fax: 919 541-0242
Email:
edwards.chebryll@epamail.epa.gov
RIN: 2060-AO94
20. NESHAP: AREA SOURCE
STANDARDS—PREPARED (ANIMAL)
FEEDS MANUFACTURING
Priority: Substantive, Nonsignificant
Legal Authority: CAA 112
CFR Citation: 40 CFR 63
Legal Deadline: Final, Judicial, June
15, 2009, Court ordered deadline (area
source standards).
Abstract: Section 112 (k) of the Clean
Air Act requires the development of
standards for area sources that account
for 90% of the emissions in urban areas
of the 30 urban hazardous air
pollutants (HAP) listed in the
Integrated Urban Air Toxics Strategy.
The Integrated Urban Air Toxics
Strategy lists prepared feeds
manufacturing as an area source
category.
Timetable:
Action
Date FR Cite
NPRM
Final Action
04/00/09
07/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 5201
Agency Contact: Jan King,
Environmental Protection Agency, Air
and Radiation, C404-05, 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,
C404-05, Research Triangle Park, NC
27711
Phone: 919 541-5428
Fax: 919 541-0242
Email:
edwards.chebryll@epamail.epa.gov
RIN: 2060-AO98
21. NATIONAL VOC EMISSION
STANDARDS FOR CONSUMER
PRODUCTS AND ARCHITECTURAL
AND INDUSTRIAL MAINTENANCE
COATINGS; AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 75lib
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). The amendments are being
undertaken to address Clean Air Act
Advisory Committee recommendations
AQM2.3 and AQM2.4, which called for
aligning the AIM rules with the model
rules adopted by the Ozone Transport
Commission.
Timetable:
Action
Date
FR Cite
NPRM
06/00/09
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, E143-03, Research
Triangle Park, NC 27711
Phone: 919 541-5460
Fax: 919 541-3470
Email: moore.bruce@epa.gov
Robin Dunkins, Environmental
Protection Agency, Air and Radiation,
E-143-03, RTF, NC 27711
Phone: 919 541-5335
Fax: 919 541-3470
Email: dunkins.robin@epa.gov
RIN: 2060-AI62
22. 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.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
10/00/09
11/00/10
Regulatory Flexibility Analysis
Required: No
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
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28
Spring 2009 Regulatory Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
and Radiation, ASD, Ann Arbor, MI
48105
Phone: 734 214-4227
Email: herzog.jeff@epamail.epa.gov
RIN: 2060-AJ61
23. CONTROL OF EMISSIONS FROM
NEW MARINE
COMPRESSION-IGNITION ENGINES
AT OR ABOVE 30 LITERS PER
CYLINDER
Priority: Other Significant
Legal Authority: 42 USC 7547; 42 USC
7545
CFR Citation: 40 CFR 1042; 40 CFR
1065; 40 CFR 94
Legal Deadline: Final, Judicial,
December 17, 2009.
Abstract: Category 3 marine diesel
engines (those with per cylinder
displacement greater than 30 liters) are
very large engines that are used for
propulsion power in ocean-going
vessels. Emissions from these engines
contribute significantly to unhealthful
levels of ambient particulate matter and
ozone in many parts of the United
States. These engines are highly mobile
and are not easily controlled at a state
or local level. EPA currently regulates
emissions from Category 3 marine
diesel engines on ships flagged in the
United States. This rulemaking will
consider long-term NOx standards for
new Category 3 marine diesel engines
that would require the use of high
efficiency aftertreatment technology.
We are considering standards
equivalent to the limits for nitrogen
oxides (NOx) recently adopted by the
International Maritime Organization,
which are based on the position
advanced by the United States
Government as part of the international
negotiations. We are also considering a
revision to our diesel fuel program
under the Act to allow for the
manufacture and sale of marine diesel
fuel with a sulfur content up to 1,000
ppm for use in Category 3 engines. The
proposal would be part of a
coordinated strategy, the second
component of which would consist of
pursuing Emission Control Area (EGA)
designation for U.S. coastal areas in
accordance with MARPOL Annex VI.
This will ensure that all ships that
affect U.S. air quality meet stringent
NOx and fuel sulfur requirements. A
recent B.C. Circuit decision (February
2009) upheld EPA's deadline of
12/17/09 based on EPA's commitment
in the regulation to meet that deadline
for the final Category 3 rule.
Timetable:
Action
Date FR Cite
ANPRM
NPRM
Final Action
12/07/07
05/00/09
12/00/09
72 FR 69521
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. 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
URL For More Information:
www.epa.gov/otaq/oceanvessels.htm
Agency Contact: Michael Samulski,
Environmental Protection Agency, Air
and Radiation, OAR/OTAQ/ASD, Ann
Arbor, MI 48105
Phone: 734 214-1532
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: 734 214-1822
Fax: 734 214-4816
Email: revelt.jean-marie@epa.gov
RIN: 2060-AO38
24. AIR QUALITY INDEX REPORTING
AND SIGNIFICANT HARM LEVEL FOR
PM2.5
Priority: Other Significant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 58.50; 40 CFR
58 appendix G; 40 CFR 51.150 subpart
H
Legal Deadline: None
Abstract: EPA's Air Quality Index
(AQI) is used by States for daily air
quality reporting to the general public
in accordance with section 319 of the
Clean Air Act (Act). The AQI must be
updated whenever EPA revises one of
the National Ambient Air Quality
Standards (NAAQS). In 2006, EPA
revised the NAAQS for fine
particulates. The purpose of this
rulemaking is to make revisions to the
AQI for fine particulates to be
consistent with the revised NAAQS.
Timetable:
Action
Date FR Cite
NPRM
Final Action
07/00/09
12/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 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
25. 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: EPA is proposing to revise
the requirements for import of Class I
and Class II controlled ozone-depleting
substances (controlled substances) into
the United States by adding provisions
for importing controlled substances
specifically for purposes of destruction.
The proposed provisions would require
pre-notification to EPA in the form of
a certification of intent to import for
destruction, and would institute
additional recordkeeping and reporting
requirements for persons who import
controlled substances for destruction.
EPA is also proposing to revise the
regulations governing the destruction of
controlled substances under 40 CFR
part 82, subpart A, by revising the
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Spring 2009 Regulatory Agenda
29
EPA—Clean Air Act (CAA)
Proposed Rule Stage
definitions governing destruction of
controlled substances and revising
recordkeeping and reporting
requirements for persons who destroy
controlled substances. EPA believes
that the streamlined regulatory
provisions being proposed in this
action will result in the destruction of
additional quantities of controlled
substances in the United States that
would have otherwise been emitted
into the atmosphere, where they
deplete the stratospheric ozone layer.
Timetable:
Action
Date FR Cite
NPRM
Final Action
08/00/09
02/00/10
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, 6205J, Washington, DC
20460
Phone: 202 343-9556
Fax: 202 343-2338
Email: cappel.kirsten@epamail.epa.gov
Julius Banks, Environmental Protection
Agency, Air and Radiation, 6205J,
Washington, DC 20460
Phone: 202 343-9870
Fax: 202 343-2338
Email: banks.julius@epamail.epa.gov
RIN: 2060-AN48
26. PROTECTION OF
STRATOSPHERIC OZONE:
AMENDMENTS TO THE SECTION 608
LEAK REPAIR REGULATIONS
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Legal Authority: 42 USC 7401 to 767lq
CFR Citation: 40 CFR 82 subpart F
Legal Deadline: None
Abstract: This rulemaking would
amend the refrigerant leak repair
regulations (40 CFR 82, subpart F)
promulgated under section 608 of the
Clean Air Act. This rule would require
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
06/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
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: Cindy Newberg,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 343-9729
Email: newberg.cindy@epamail.epa.gov
Julius Banks, Environmental Protection
Agency, Air and Radiation, 6205J,
Washington, DC 20460
Phone: 202 343-9870
Fax: 202 343-2338
Email: banks.julius@epamail.epa.gov
RIN: 2060-AM09
27. 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
section 608 rule on refrigerant recycling
equipment intended for use with
substitute refrigerants. Recovery
equipment is specific to the refrigerant.
As new refrigerants enter the market,
and therefore new equipment to
capture those refrigerants enter the
market, this rule must be updated to
reflect that new equipment.
Timetable:
Action
Date FR Cite
NPRM
02/00/10
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, 6205J, Washington, DC
20460
Phone: 202 343-9711
Fax: 202 565-2155
Email: hamlin.sally@epamail.epa.gov
Jeremy Arling, Environmental
Protection Agency, Air and Radiation,
6205J, Washington, DC 20460
Phone: 202 343-9055
Email: arling.jeremy@epa.gov
RIN: 2060-AM49
28. NSPS: SOCMI—WASTEWATER
AND AMENDMENT
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7411
CFR Citation: 40 CFR 60 Appendix J
to part 60; 40 CFR 63 - Appendix C
to part 63
Legal Deadline: None
Abstract: These standards are based on
a combination of control techniques
that require removal or destruction of
volatile organic compounds from
wastewater at synthetic organic
chemical manufacturing industry
plants. Designated chemical process
units, i.e., process lines or process
units, would be subject to the rule.
Constructed, reconstructed, or modified
designated chemical process units
would be required to apply appropriate
controls to affected wastewater tanks,
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30
Spring 2009 Regulatory Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
surface impoundments, containers,
individual drain systems, and oil and
water separators, and to treat process
wastewater to remove or destroy the
volatile organic compounds. On
September 12, 1994, EPA proposed
Standards of Performance for New
Stationary Sources: Volatile Organic
Compound Emissions from the
Synthetic Organic Chemical
Manufacturing Industry (SOCMI)
Wastewater (40 CFR part 60, subpart
YYY). On October 11, 1995, the EPA
issued a supplemental proposal, which
clarified and revised the previously
proposed rule. On December 9, 1998,
EPA published a supplement to the
proposed rule that consisted of revised
definitions, alternative test procedures,
and clarifications of requirements, and
that proposed to add appendix J to 40
CFR part 60. In conjunction with the
rule development for the NSPS,
amendments to appendix C to part 63
were proposed on June 30, 2004. The
final rule will encompass the
clarifications and revisions to subpart
YYY , appendix J, and 40 CFR part 63
appendix C.
Timetable:
Action
Date
FR Cite
NPRM(NSPS)
Supplemental NPRM
1
Supplemental NPRM
2
NPRMAmdmt
Supplemental NPRM
3
Final Action
09/12/94 59 FR 46780
10/11/95 60 FR 52889
12/09/98 63 FR 67988
06/30/04 69 FR 39383
07/00/09
06/00/10
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, Washington,
DC 20460
Phone: 919 541-4516
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
Email: hustvedt.ken@epa.gov
RIN: 2060-AE94
29. PERFORMANCE-BASED
MEASUREMENT SYSTEM FOR FUELS:
CRITERIA FOR SELF-QUALIFYING
ALTERNATIVE TEST METHODS;
DESCRIPTION OF OPTIONAL
STATISTICAL QUALITY CONTROL
MEASURES
Priority: Other Significant
Legal Authority: 42 USC 7545
CFR Citation: 40 CFR 80
Legal Deadline: None
Abstract: Transportation fuels (like
gasoline and diesel fuel) are regulated
by EPA under the Clean Air Act to
control the emissions that result when
they are burned in engines, and also
to protect engines' emission control
equipment. Fuels regulations require
measurement of various of the fuels'
properties, and prescribe "designated"
analytical methods for that purpose.
This regulation is intended to provide
a way for regulated parties to self-
qualify alternatives to the designated
measurement methods that may be
cheaper, quicker, simpler, more
amenable to automation, or otherwise
preferable. The regulation will also
prescribe a minimum level of statistical
quality control for all fuels test
methods, designated or alternative. The
regulations should quicken the
adoption of new measurement
technologies by removing the need for
multiple method-specific 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
12/00/09
12/00/10
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: 202 565-2085
Email: sopata.joe@epamail.epa.gov
RIN: 2060-AK03
30. NESHAP & 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, subpart AAAA of 40 CFR
part 63 , and the Standards of
Performance for New Stationary
Sources: Municipal Solid Waste
Landfills, subpart WWW of 40 CFR part
60.
Timetable:
Action
Date FR Cite
NPRM 09/08/06 71 FR 53272
Supplemental NPRM 04/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Local,
Tribal
Additional Information: SAN No. 4846;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2006/September/Day-
08/a7493.htm; NPRM was published
09/08/2006 (71 FR 53272) as RIN 2060-
AJ41.; EPA Docket information: EPA-
HQ-OAR-2003-0215
Agency Contact: Hillary Glover,
Environmental Protection Agency, Air
and Radiation, E143-01, Research
Triangle Park, NC 27711
Phone: 919 541-3154
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Spring 2009 Regulatory Agenda
31
EPA—Clean Air Act (CAA)
Proposed Rule Stage
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
Email: hustvedt.ken@epa.gov
Related RIN: Previously reported as
2060-AH13, Previously reported as
2060-AJ41
RIN: 2060-AM08
31. 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: NPRM, Judicial, July
15, 2009.
Final, Judicial, July 15, 2010.
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). Section 112(k)
requires development of standards for
area sources which account for 90% of
the emissions in urban areas of the 30
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 for regulation
pursuant to section 112(c). 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
07/00/09
07/00/10
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,
D243-01, RTF, NC 27711
Phone: 919 541-1045
Fax: 919 541-5450
Email:
wayland.robertj@epamail.epa.gov
RIN: 2060-AM44
32. NESHAP: DEFENSE LAND
SYSTEMS AND MISCELLANEOUS
EQUIPMENT
Priority: Other Significant
Legal Authority: CAA sec 112
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: In this action the EPA is
proposing emission standards for
hazardous air pollutants (HAP)
emissions 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), the
National Aeronautics and Space
Administration, and the National
Nuclear Security Administration.
Additionally, this proposed regulation
will consider potential control of HAP
emissions from 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 proposed rulemaking
is related to surface coating activities
at 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
08/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4926;
EPA Docket information: EPA-HA-OAR-
2005-0527
Agency Contact: Kim Teal,
Environmental Protection Agency, Air
and Radiation, E143-03, Research
Triangle Park, NC 27711
Phone: 919 541-5580
Fax: 919 541-3470
Email: teal.kim@epa.gov
Robin Dunkins, Environmental
Protection Agency, Air and Radiation,
E-143-03, RTF, NC 27711
Phone: 919 541-5335
Fax: 919 541-3470
Email: dunkins.robin@epa.gov
RIN: 2060-AM84
33. 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
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32
Spring 2009 Regulatory Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
created, and to include specific criteria
that periodic monitoring must meet.
Timetable:
Action
Date FR Cite
NPRM
Final Action
08/00/09
01/00/10
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No.
4699.2; Split from RIN 2060-AK29
Agency Contact: Peter Westlin,
Environmental Protection Agency, Air
and Radiation, C304-03, RTF, NC
27711
Phone: 919 541-1058
Fax: 919 541-4028
Email: westlin.peter@epamail.epa.gov
RIN: 2060-ANOO
34. DEFECT REPORTING FOR
ON-HIGHWAY MOTOR VEHICLES
AND ENGINES
Priority: Other Significant
Legal Authority: 42 USC 7401 et seq
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: EPA regulations require
manufacturers to report defects of
emissions-related equipment or
emissions control systems of on-
highway motor vehicles and heavy-duty
engines. Under the current regulations
a defect report is required when a
manufacturer determines that the same
defect has occurred in 25 or more
vehicles or engines. This is an
unreasonably small threshold for large
engine families/test groups. This action
would create new thresholds that
would depend upon the size of the
engine family/test group. It would also
obligate manufacturers to conduct
investigations under certain
circumstances to determine if an
emission-related defect is present. The
investigations would be triggered by
warranty information, parts shipments
and any other information 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: 734 214-1403
Email:
mikolajczyk.christine@epamail.epa.gov
Lynn Sohacki, Environmental
Protection Agency, Air and Radiation,
1200 Pennsylvania Avenue NW, Ann
Arbor, MI 48105
Phone: 734 214-1851
Email: sohacki.lynn@epamail.epa.gov
RIN: 2060-AN73
35. 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: CAA
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.
Under the title V program, each facility
that is a major source of specified air
pollutants is required to have a permit
that describes allowable emissions and
other conditions. The improvements to
the program 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 would 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
12/00/09
07/00/10
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
and Radiation, C5 04-05, Research
Triangle Park, NC 27711
Phone: 919 541-3003
Fax: 919 541-5509
Email: snyder.jennifer@epamail.epa.gov
Juan Santiago, Environmental
Protection Agency, Air and Radiation,
C504-05, Research Triangle Park, NC
27711
Phone: 919 541-1084
Fax: 919 541-5509
Email: santiago.juan@epa.gov
RIN: 2060-AN93
36. NATIONAL EMISSION
STANDARDS FOR HAZARDOUS AIR
POLLUTANTS: SHIPBUILDING AND
SHIP REPAIR (SURFACE COATING)
OPERATIONS—AMENDMENT
Priority: Other Significant
Legal Authority: CAA 112
CFR Citation: 40 CFR 63
Legal Deadline: None
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 sets Maximum Achievable
Control Technology (MACT) standards
for existing and new major sources of
hazardous air pollutant emissions. 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 shipbuilding NESHAP. 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.
-------
Spring 2009 Regulatory Agenda
33
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Timetable:
Timetable:
Action
Date FR Cite
NPRM
Direct Final Action
Withdrawal of Direct
Final
Reproposal
12/29/06 71 FR 78392
12/29/06 71 FR 78369
02/27/07 72 FR 8630
11/00/09
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, RTF, NC
27711
Phone: 919 541-2379
Fax: 919 541-3470
Email: serageldin.mohamed@epa.gov
Robin Dunkins, Environmental
Protection Agency, Air and Radiation,
E-143-03, RTF, NC 27711
Phone: 919 541-5335
Fax: 919 541-3470
Email: dunkins.robin@epa.gov
RIN: 2060-AO03
37. 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: NPRM, Judicial, July
15, 2009.
Final, Judicial, July 15, 2010.
Abstract: This action will respond to
the remand of the Commercial and
Industrial Solid Waste Incineration
(CISWI) New Source Performance
Standards and Emission Guidelines
under section 129 of the Clean Air Act.
Among other things, we will respond
to the Court's June 2007 remand of the
CISWI Definitions Rule, and examine
and revise, as appropriate, the
methodology for developing the MACT
floors and emission limits.
Action
Date FR Cite
NPRM
07/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 5105;
EPA Docket information: EPA-HQ-OAR-
2003-0119
Agency Contact: Brian Shrager,
Environmental Protection Agency, Air
and Radiation, C439-01, Research
Triangle Park, NC 27711
Phone: 919 541-7689
Fax: 919 541-7689
Email: shrager.brian@epamail.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
38. AIR QUALITY: REVISION TO
DEFINITION OF VOLATILE ORGANIC
COMPOUNDS—EXCLUSION OF
FAMILY OF FOUR
HYDROFLUOROPOLYETHERS
(HFPES) AND HFE-347PC-F
Priority: Substantive, Nonsignificant
Legal Authority: CAA 301
CFR Citation: 40 CFR 5l.lOO(s)
Legal Deadline: None
Abstract: Under section 302(s) of the
Clean Air Act and 40 CFR 51.100(s),
the EPA regulates volatile organic
compounds (VOCs) as precursors to
ozone formation. While all VOCs have
the ability to react in the atmosphere
to form ozone, some VOCs react at such
a slow rate their contribution to
ground-level ozone is negligible.
Through regulation, the Agency can
exempt negligibly reactive compounds
from the definition of VOC. VOCs that
are exempted from the CAA definition
are no longer part of the controls
included in State Implementation Plans
for attaining the EPA ozone National
Ambient Air Quality Standard. In 2005
and 2007, the EPA received petitions
to exclude this family of HFPEs and
also HFE-347pc-f respectively from the
list of 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 is a
proposal action by the Agency on the
petitions received.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
11/00/09
10/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 5131
Agency Contact: Dave Sanders,
Environmental Protection Agency, Air
and Radiation, C5 04-05, RTF, NC
27711
Phone: 919 541-3356
Fax: 919 541-0824
Email: sanders.dave@epamail.epa.gov
William L. Johnson, Environmental
Protection Agency, Air and Radiation,
C539-01, Research Triangle Park, NC
27711
Phone: 919 541-5245
Fax: 919 541-0824
Email:
johnson.williaml@epamail.epa.gov
RIN: 2060-AO17
39. RESPONSE TO REQUEST FOR
RECONSIDERATION OF FINAL AIR
EMISSION MACT RULES FOR LARGE
MUNICIPAL WASTE COMBUSTORS
(MWCS).
Priority: Other Significant
Legal Authority: CAA 129
CFR Citation: 40 CFR 60
Legal Deadline: None
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 Clean
Air Act, EPA reviewed these standards
and proposed revised standards. The
proposal occurred on Dec 19, 2005, and
final standards were published on May
10, 2006 (71 FR 27323). A number of
individuals filed litigation on various
aspects of the standards. Moreover, the
Agency received a separate petition to
reopen the section 129(a)(2) standards.
EPA agreed to initiate such an action.
Accordingly, EPA petitioned the court
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34
Spring 2009 Regulatory Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
to remand the 2006 LMWC rule to EPA.
The court issued the remand in
February 2008.
Timetable:
Action
Date
FR Cite
Notice of
Reconsideration of
Final Rule
NPRM
03/20/07 72 FR 13016
11/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5120;
EPA publication information: Notice of
reconsideration of final rule -
http://www.epa.gov/fedrgstr/EPA-
AIR/ 2 00 7/March/Day- 2 0/a5 0 2 2. htm
Agency Contact: Walt Stevenson,
Environmental Protection Agency, Air
and Radiation, C439-01, Research
Triangle Park, NC 27711
Phone: 919 541-5264
Fax: 919 541-5264
Email: stevenson.walt@epamail.epa.gov
Brian Shrager, Environmental
Protection Agency, Air and Radiation,
C439-01, Research Triangle Park, NC
27711
Phone: 919 541-7689
Fax: 919 541-7689
Email: shrager.brian@epamail.epa.gov
RIN: 2060-AO18
40. RECONSIDERATION OF
STATIONARY COMBUSTION TURBINE
NSPS
Priority: Substantive, Nonsignificant
Legal Authority: CAA ill
CFR Citation: 40 CFR 60
Legal Deadline: None
Abstract: On March 20, 2009, EPA
promulgated, by direct final rule, an
amendment to 40 CFR part 60, subpart
KKKK, addressing issues regarding the
SO2 limit for turbines burning landfill
gas. EPA also plans to issue a proposal
to reconsider several relatively minor
issues in that direct final rule.
Timetable:
Action
Date
FR Cite
Direct Final 03/20/09 74 FR 11858
Action-Landfill Gas
NPRM- 10/00/09
Reconsideration
Issues
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 5116;
EPA publication information: Direct
Final Action-Landfill Gas -
http://edocket.access.gpo.gov/2009/pdf/
E9-6163.pdf
Agency Contact: Christian Fellner,
Environmental Protection Agency, Air
and Radiation, D243-01, RTF, NC
27711
Phone: 919 541-1003
Fax: 919 541-5450
Email:
fellner.christian@epamail.epa.gov
Jaime Pagan, Environmental Protection
Agency, Air and Radiation, RTF, NC
27711
Phone: 919 541-5340
Fax: 919 541-5450
Email: pagan.jaime@epamail.epa.gov
RIN: 2060-AO23
41. FUEL ECONOMY REGULATIONS
FOR AUTOMOBILES: TECHNICAL
AMENDMENTS AND CORRECTIONS
Priority: Other Significant
Legal Authority: 49 USC 32901 et seq
CFR Citation: 40 CFR 600
Legal Deadline: None
Abstract: This action amends and
corrects portions of the Environmental
Protection Agency's (EPA) existing fuel
economy regulations, located at 40 CFR
part 600. There are two reasons for this
action. First, some minor corrections
and amendments are needed to correct
portions of EPA's final rule for fuel
economy labeling requirements for cars
and light trucks (71 FR 77872,
December 27, 2006). Second, the
Department of Transportation finalized
new average fuel economy standards
for light trucks on April 6, 2006 (71
FR 77 872). This rule amended the
existing DOT regulations at 49 CFR part
523,533, and 537, by adding new
definitions, setting new fuel economy
standards for light trucks, and
amending some reporting requirements.
In order for DOT to execute its new
requirements, DOT's regulations rely on
EPA to reference the new definitions
and collect the new information from
automobile manufacturers. This action
will accomplish those tasks. These
changes do not change the existing EPA
test procedures or calculation methods
for average fuel economy.
Timetable:
Action
Date
FR Cite
NPRM
Direct Final Action
06/00/09
06/00/09
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, N03, Ann Arbor, MI
48105
Phone: 734 214-4502
Fax: 734 214-4053
Email: good.david@epamail.epa.gov
RIN: 2060-AO36
42. PETROLEUM REFINERY
RESIDUAL RISK STANDARDS
Priority: Other Significant
Legal Authority: CAA H2(f)(2); CAA
112(d)(6); CAA 112(d)(2) and (3)
CFR Citation: 40 CFR 63 (Revision)
Legal Deadline: None
Abstract: Under CAA section 112(d)(6)
EPA is required to review standards
issued under section 112 and to 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 provide
an ample margin of safety to protect
public health or prevent an adverse
environmental effect. This rulemaking
was under a consent decree to fulfill
the requirements of Clean Air Act
section 112(d)(6). The consent decree
required proposal by August 21, 2007
and promulgation by January 16, 2009.
The final rule was signed on January
16, 2009, but was not published in the
Federal Register and the action is being
reconsidered by the Agency.
Timetable:
Action
Date
FR Cite
NPRM 09/04/07 72 FR 50716
Supplemental NPRM 11/10/08 73 FR 66694
Supplemental NPRM 12/10/08
Comment Period
End
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Spring 2009 Regulatory Agenda
35
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Action
Date FR Cite
Supplemental NPRM 07/00/09
2
Final Decision 07/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No.
5093.1; EPA publication information:
Supplemental NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2008/November/Day-
10/a26403.pdf; Split from RDM 2060-
AN85.; EPA Docket information: EPA-
HQ-OAR-2003-0146
URL For More Information:
www.epa.gov/fedrgstr/epa-
air/2007/september/day-04/al7009.pdf
Agency Contact: Bob Lucas,
Environmental Protection Agency, Air
and Radiation, E143-01, RTF, NC
27709
Phone: 919 541-0884
Fax: 919 541-0246
Email: lucas.bob@epamail.epa.gov
Ken Hustvedt, Environmental
Protection Agency, Air and Radiation,
1200 Pennsylvania Avenue NW, RTF,
NC 27711
Phone: 919 541-5395
Fax: 919 685-3200
Email: hustvedt.ken@epamail.epa.gov
RIN: 2060-AO55
43. STANDARDS OF PERFORMANCE
FOR COAL PREPARATION PLANTS-
AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: CAA ill
CFR Citation: 40 CFR 60, subpart Y
Legal Deadline: NPRM, Judicial, April
16, 2008, As per 11/16/2006 Consent
Decree.
Final, Judicial, May 15, 2009, As per
11/16/2006 Consent Decree. Modified
on January 26, 2009.
Other, Judicial, May 15, 2009, Must
either sign the final rule or a
supplemental proposal by May 15,
2009.
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 original consent decree
date for final action was April 16, 2009.
The consent decree was modified on
January 26, 2009 and amended the date
for final action to May 16, 2009 unless
we publish a supplemental proposal. If
we do a supplemental proposal the
deadline for taking final action is
September 26, 2009.
No substantive amendments to subpart
Y have been done since the rule was
originally finalized in 1976. EPA
anticipates that the review will result
in a tightening of the particulate
emissions standard to reflect the
performance of current control
technologies and updated monitoring
requirements. In addition, EPA
anticipates expanding the applicability
to cover other sources of particulate
emissions at coal preparation plants.
For fugitive particulate matter sources
where opacity readings are not possible
work practice standards will be
specified.
Timetable:
Action
NPRM
NPRM Comment
Date FR Cite
04/28/08 73 FR 22901
06/10/08 73 FR 32667
Period Extended
Supplemental NPRM 05/00/09
Final Action 09/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5144;
EPA publication information: NPRM;
extension of public comment -
http ://www. epa.gov/fedrgstr/EPA-
AIR/2008/June/Day-10/al2976.pdf; EPA
Docket information: EPA—HQ— OAR—
2008—0260
Agency Contact: Christian Fellner,
Environmental Protection Agency, Air
and Radiation, D243-01, RTF, NC
27711
Phone: 919 541-1003
Fax: 919 541-5450
Email:
fellner.christian@epamail.epa.gov
Bill Maxwell, Environmental Protection
Agency, Air and Radiation, D243-01,
RTF, NC 27711
Phone: 919 541-5430
Fax: 919 541-5450
Email: maxwell.bill@epamail.epa.gov
RIN: 2060-AO57
44. METHODS FOR MEASUREMENT
OF FILTERABLE PM10 AND PM2.5
AND MEASUREMENT OF
CONDENSABLE PARTICULATE
MATTER EMISSIONS FROM
STATIONARY SOURCES
Priority: Other Significant
Legal Authority: CAA
CFR Citation: 40 CFR 51 appendix 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
NPRM Comment
Period End
Final Action
03/25/09 74 FR 12969
05/26/09
12/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Local,
State
Additional Information: SAN No. 5147;
EPA publication information: NPRM -
http://edocket.access.gpo.gov/2009/pdf/
E9-6178.pdf; EPA Docket information:
EPA-HQ-QAR-2008-0348
Agency Contact: Candace Sorrell,
Environmental Protection Agency, Air
and Radiation, E143-02, RTF, NC
27711
Phone: 919 541-1064
Fax: 919 541-0516
Email: sorrell.candace@epa.gov
Conniesue Oldham, Environmental
Protection Agency, Air and Radiation,
E143-02, RTF, NC 27711
Phone: 919 541-7774
Fax: 919 541-0516
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36
Spring 2009 Regulatory Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Email: oldham.conniesue@epa.gov
RIN: 2060-AO58
45. 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. 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.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
10/00/09
10/00/10
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 Dr.,
Ann Arbor, MI 48105
Phone: 734 214-4832
Fax: 734 214-4816
Email: manning.bryan@epa.gov
Glenn Passavant, Environmental
Protection Agency, Air and Radiation,
2000 Traverwood Dr., Ann Arbor, MI
48105
Phone: 734 214-4408
Fax: 734 214-4816
Email:
passavant.glenn@epamail.epa.gov
RIN: 2060-AO70
46. PROTECTION OF THE
STRATOSPHERIC OZONE: MOTOR
VEHICLE AIR CONDITIONING SYSTEM
SERVICING
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7671 to 767lq
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 03/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
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, 6205J, Washington, DC
20460
Phone: 202 343-9464
Email: thundiyil.karen@epamail.epa.gov
RIN: 2060-AO75
47. GREENHOUSE GAS MANDATORY
REPORTING RULE
Priority: Economically Significant.
Major under 5 USC 801.
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 86, 87, 89, 90,
94, and 98
Legal Deadline: NPRM, Statutory,
September 26, 2008, FY08 Consolidated
Appropriations directed EPA to publish
a proposal 9 mos after enactment.
Final, Statutory, June 26, 2009, FY08
Consolidated Appropriations directed
EPA to publish final 18 mos after
enactment.
Abstract: The FY2008 Consolidated
Appropriations Act, which was signed
into law on December 26, 2007,
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.
Timetable:
Action
NPRM
NPRM Comment
Period End
Final Action
Date FR Cite
04/10/09 74 FR 16447
06/09/09
10/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Local
Additional Information: SAN No. 5242;
EPA Docket information: EPA-HQ-OAR-
2008-0508
Agency Contact: Suzanne Kocchi,
Environmental Protection Agency, Air
and Radiation, 6207J, Washington, DC
20460
Phone: 202 343-9387
Email: kocchi.suzanne@epamail.epa.gov
Bill Irving, Environmental Protection
Agency, Air and Radiation, 6207J,
Washington, DC 20460
Phone: 202 343-9065
Email: irving. bill@epamail.epa.gov
RIN: 2060-AO79
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Spring 2009 Regulatory Agenda
37
EPA—Clean Air Act (CAA)
Proposed Rule Stage
48. 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: CAA 2ll(o)
CFR Citation: 40 CFR 86, 40 CFR 80
Legal Deadline: Final, Statutory,
December 19, 2008.
Abstract: This action will implement
certain provisions in Title II of the 2007
Energy Independence and Security Act
that amend section 211(o) of the Clean
Air Act. The new law sets a modified
standard for renewable fuels increasing
the national requirement to 9.0 billion
gallons in 2008 and rising to 36 billion
gallons by 2022. Of the latter total, 21
billion gallons is required to be
obtained from cellulosic biofuels 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.
Timetable:
Action
Date FR Cite
NPRM
Final Action
05/00/09
11/00/09
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.
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. 5250
Agency Contact: Paul Argyropoulos,
Environmental Protection Agency, Air
and Radiation, 6520J ARM, 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
49. PREVENTION OF AIR POLLUTION
EMERGENCY EPISODES
Priority: Other Significant
Legal Authority: Not Yet Determined
CFR Citation: 40 CFR 51
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
Final Action
10/00/09
07/00/10
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, C5 04-05, RTF, NC
27711
Phone: 919 541-3356
Fax: 919 541-0824
Email: sanders.dave@epamail.epa.gov
Larry Wallace, Environmental
Protection Agency, Air and Radiation,
C504-05, RTF, NC 27711
Phone: 919 541-0906
Fax: 919 541-0824
Email: wallace.larry@epamail.epa.gov
RIN: 2060-APOO
50. NESHAP: REINFORCED PLASTIC
COMPOSITES PRODUCTION RULE
AMENDMENTS
Priority: Other Significant
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: In 2003, EPA issued national
emission standards for hazardous air
pollutants for reinforced plastic
composites production (40 CFR 63
subpart WWWW). We issued
amendments in 2005. Industry and
states have asked for clarification
regarding implementation of some rule
requirements. This action will provide
the needed clarifications.
Timetable:
Action
Date
FR Cite
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
NPRM 07/00/09
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, RTF, NC 27711
Phone: 919 541-5397
Fax: 919 685-3195
Email: shedd.steve@epamail.epa.gov
Ken Hustvedt, Environmental
Protection Agency, Air and Radiation,
1200 Pennsylvania Avenue NW, RTF,
NC 27711
Phone: 919 541-5395
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38
Spring 2009 Regulatory Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Fax: 919 685-3200
Email: hustvedt.ken@epamail.epa.gov
RIN: 2060-AP05
51. NEW SOURCE PERFORMANCE
STANDARDS FOR GRAIN
ELEVATORS—AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7411; CAA
111;15 USC 2005
CFR Citation: 40 CFR 60.300 (Revision)
Legal Deadline: None
Abstract: The New Source Performance
Standard for Grain Elevators was
promulgated in 1978 with the latest
amendments made in 1984. Since that
time there have been a number of
changes in the technology used for
storing and loading/unloading grain at
elevators. Definitions in the current
regulation do not fit some of the
current technologies being used at
elevators throughout the country. These
definitional issues have come to the
forefront most recently due to the
increase in ethanol production that has
lead to bumper crops of corn being
grown, which has led to a need for
increased grain storage. For these
reasons a review/change of these
definitions is necessary to ensure the
appropriate standards are being applied
consistently throughout the industry.
Timetable:
Action
Date
FR Cite
NPRM
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. 5233
Agency Contact: Bill Schrock,
Environmental Protection Agency, Air
and Radiation, RTF, NC 27711
Phone: 919 541-5032
Fax: 919 541-3470
Email: schrock.bill@epamail.epa.gov
Robin Dunkins, Environmental
Protection Agency, Air and Radiation,
E-143-03, RTF, NC 27711
Phone: 919 541-5335
Fax: 919 541-3470
Email: dunkins.robin@epa.gov
RIN: 2060-AP06
52. 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
NPRM 09/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5237
Agency Contact: Jason Dewees,
Environmental Protection Agency, Air
and Radiation, C304-02, RTF, NC
27711
Phone: 919 541-9724
Fax: 919 541-0516
Email: dewees.jason@epamail.epa.gov
Conniesue Oldham, Environmental
Protection Agency, Air and Radiation,
E143-02, RTF, NC 27711
Phone: 919 541-7774
Fax: 919 541-0516
Email: oldham.conniesue@epa.gov
RIN: 2060-AP08
53. PROTECTION OF
STRATOSPHERIC OZONE: NEW
SUBSTITUTE IN THE MOTOR VEHICLE
AIR CONDITIONING SECTOR UNDER
THE SIGNIFICANT NEW
ALTERNATIVES POLICY (SNAP)
PROGRAM
Priority: Other Significant
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, HFO-1234yf, 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
07/00/09
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
effects, or otherwise be of international
interest.
Additional Information: SAN No. 5257
URL For More Information:
http://www.epa.gov/ozone/snap/
refrigerants/lists/m vacs, html
Agency Contact: Karen Thundiyil,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 343-9464
Email: thundiyil.karen@epamail.epa.gov
RIN: 2060-APll
54. AMBIENT OZONE MONITORING
REGULATIONS: REVISIONS TO
NETWORK DESIGN REQUIREMENTS
Priority: Other Significant
Unfunded Mandates: Undetermined
Legal Authority: Not Yet Determined
-------
Spring 2009 Regulatory Agenda
39
EPA—Clean Air Act (CAA)
Proposed Rule Stage
CFR Citation: 40 CFR 58
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:
(1) 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
05/00/09
02/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 5259;
EPA Docket information: EPA-HQ-OAR-
2008-0338
Agency Contact: Lewis Weinstock,
Environmental Protection Agency, Air
and Radiation, C304-06, RTF, NC
27711
Phone: 919 541-3661
Fax: 919 541-1903
Email:
weinstock.lewis@epamail.epa.gov
Tim Hanley, Environmental Protection
Agency, Air and Radiation, RTF, NC
27711
Phone: 919 541-1417
Fax: 919 541-1903
Email: hanley.tim@epamail.epa.gov
RIN: 2 060-API 5
55. REGULATION OF FUEL AND FUEL
ADDITIVES: GASOLINE AND DIESEL
FUEL TEST METHODS
Priority: Substantive, Nonsignificant
Legal Authority: CAA 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
12/08/08 73 FR 74403
12/08/08 73 FR 74350
02/06/09 74 FR 6233
NPRM
Direct Final Action
Partial Withdrawl of
DFR
Supplemental NPRM 05/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5261;
EPA publication information: NPRM -
http ://www. epa.gov/fedrgstr/EPA-
AIR/2008/December/Day-
08/a28372.pdf;
Agency Contact: Joe Sopata,
Environmental Protection Agency, Air
and Radiation, 6406J, Washington, DC
20460
Phone: 202 343-9034
Fax: 202 565-2085
Email: sopata.joe@epamail.epa.gov
RIN: 2060-AP17
56. AIR QUALITY: REVISION TO
DEFINITION OF VOLATILE ORGANIC
COMPOUNDS—EXCLUSION OF
METHYL BROMIDE AND METHYL
IODIDE
Priority: Substantive, Nonsignificant
Legal Authority: CAA 301
CFR Citation: 40 CFR 51.100 (s)
Legal Deadline: None
Abstract: This action will propose
options related to the potential to
revision of 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 consider the addition of
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. The potential impacts from
the addition of these compounds to the
exclusion of the definition of VOC will
be discussed, and public comment
sought. In 1996 and 2008 the EPA
received petitions to exclude methyl
bromide and also methyl iodide
respectively from the list of VOCs on
the basis that, as a precursor, these
compounds make a negligible
contribution to the formation of
tropospheric ozone. These compounds
are used as pesticides. This is a
proposal action by the Agency on the
petitions received.
Timetable:
Action
Date FR Cite
NPRM 09/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 5269;
We are receiving assistance from the
Significant New Alternatives Policy
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40
Spring 2009 Regulatory Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
(SNAP) Program and from Regional
Office 4 and 9.
Agency Contact: Dave Sanders,
Environmental Protection Agency, Air
and Radiation, C5 04-05, RTF, NC
27711
Phone: 919 541-3356
Fax: 919 541-0824
Email: sanders.dave@epamail.epa.gov
William L. Johnson, Environmental
Protection Agency, Air and Radiation,
C539-01, Research Triangle Park, NC
27711
Phone: 919 541-5245
Fax: 919 541-0824
Email:
johnson.williaml@epamail.epa.gov
RIN: 2060-AP22
57. RESTRUCTURING OF THE
STATIONARY SOURCE AUDIT
PROGRAM
Priority: Substantive, Nonsignificant
Unfunded Mandates: Undetermined
Legal Authority: Not Yet Determined
CFR Citation: 40 CFR 60 and 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 free of charge because
there were no commercial sources.
Because of growth in the laboratory
calibration standards, there are now
commercial sources available to
provide these audit samples.
Restructuring this program will allow
commercial suppliers to replace EPA as
the source of audit samples. As a result
of restructuring, there will be both
greater availability and new kinds of
audit samples which should yield
increased usage of the audit sample
program and, in turn, overall better
quality test data. Without this
rulemaking being promulgated by
October 2009, EPA would require 220K
additional funds in FY 2010 and every
year thereafter to run the program with
the new kind of samples and greater
sample availability offered by the
restructured program.
Timetable:
Action
Date
FR Cite
NPRM 07/00/09
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, RTF, 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, RTF, NC 27711
Phone: 919 541-1062
Fax: 919 541-1039
Email: mcalister.gary@epamail.epa.gov
RIN: 2060-AP23
58. RULE FOR IMPLEMENTATION OF
2008 8-HOUR OZONE NAAQS
Priority: Other Significant
Unfunded Mandates: Undetermined
Legal Authority: 42 USC 7409 and
7410; 42 USC 7511 to 751lf; 42 USC
7601(a)(l)
CFR Citation: 40 CFR 51
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 will also establish
also rules for classification of
nonattainment areas for the 2008 ozone
standard. The actual classification of
areas would occur in a separate
rulemaking designating areas for the
standard.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
09/00/09
07/00/10
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, C539-01, Research
Triangle Park, NC 27711
Phone: 919 541-5666
Fax: 919 541-0824
Email: silvasi.john@epamail.epa.gov
Larry Wallace, Environmental
Protection Agency, Air and Radiation,
C504-05, RTF, NC 27711
Phone: 919 541-0906
Fax: 919 541-0824
Email: wallace.larry@epamail.epa.gov
RIN: 2060-AP24
59. 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.
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Spring 2009 Regulatory Agenda
41
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Timetable:
Action
Date FR Cite
NPRM
Final Action
09/00/09
03/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5280
Agency Contact: Randy McDonald,
Environmental Protection Agency, Air
and Radiation, E143-01, Research
Triangle Park, NC 27711
Phone: 919 541-5402
Fax: 919-685-3200
Email: mcdonald.randy@epa.gov
Ken Hustvedt, Environmental
Protection Agency, Air and Radiation,
1200 Pennsylvania Avenue NW, RTF,
NC 27711
Phone: 919 541-5395
Fax: 919 685-3200
Email: hustvedt.ken@epamail.epa.gov
RIN: 2060-AP25
60. TRANSPORTATION CONFORMITY
PM2.5 AND PM10 AMENDMENTS
Priority: Other Significant
Legal Authority: CAA
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 would 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.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
07/00/09
12/00/09
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: 734 214-1858
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
61. IMPLEMENTING THE 8-HOUR
OZONE NATIONAL AMBIENT AIR
QUALITY STANDARD: NSR AND
SECTION 185 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 action will revise the
rule for implementing the 1997 8-hour
ozone national ambient air quality
standard (NAAQS) to address how
nonattainment major new source
review (NSR) requirements and section
185 penalty fee provisions should
apply under the anti-backsliding
provisions of the implementation rule,
in response to a partial vacatur by the
U.S. Court of Appeals for the District
of Columbia Circuit.
Timetable:
Action
Date
FR Cite
NPRM
11/00/09
Regulatory Flexibility Analysis
Required: No
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, C339-03, Washington,
DC 20460
Phone: 919 541-5515
Fax: 919 541-5509
Email: painter.david@epa.gov
Raj Rao, Environmental Protection
Agency, Air and Radiation, C504-01,
RTF, NC 27711
Phone: 919 541-5344
Fax: 919 541-5509
Email: rao.raj@epamail.epa.gov
RIN: 2060-AP30
62. 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
NPRM 09/00/09
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
-------
42
Spring 2009 Regulatory Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Phone: 919 541-1065
Fax: 919 541-0516
Email:
grimley.wfilliam@epamail.epa.gov
Robin Segall, Environmental Protection
Agency, Air and Radiation, E143-02,
Research Triangle Park, NC 27711
Phone: 919 541-0893
Fax: 919 541-0516
Email: segall.robin@epamail.epa.gov
RIN: 2060-AP31
63. 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: None
Abstract: EPA procedures allow
regulated entities to petition to add
compounds to the Agency's
compilation of reactivity factors. This
rulemaking is in response to three
petitions the Agency has received since
promulgation of the existing aerosol
coatings VOC rule.
Timetable:
Action
Date FR Cite
Direct Final 11/07/08 73 FR 66184
Action-Complaince
Date Extension
NPRM-Compliance 11/07/08 73 FR 66209
Date Extension
Final Rule; Withdrawal 12/24/08 73 FR 78994
of Direct Final Rule
NPRM-Amendments 04/00/09
to Table 2
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5297;
EPA publication information: NPRM-
Compliance Date Extension -
http://www.epa.gov/fedrgstr/EPA-
AIR/2008/November/Day-07/a26613.pdf
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, E143-03,
Research Triangle Park, NC 27711
Phone: 919 541-5460
Fax: 919 541-3470
Email: moore.bruce@epa.gov
RIN: 2060-APS3
64. 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: On November 16, 2007, we
published amendments to the new
source performance standards for
equipment leaks in 40 CFR part 60
subparts VV, VVa, GGG, and GGGa.
After promulgation of the rule we
received a petition for reconsideration
from the American Chemistry Council
(ACC), American Petroleum Institute
(API), and National Petrochemical
Refiners Association (NPRA), which we
granted in part on March 4, 2008. This
package will address those
reconsideration issues.
Timetable:
Action
Date
FR Cite
NPRM
07/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No.
5035.2; 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, RTF, NC
27711
Phone: 919 541-1607
Fax: 919 541-0246
Email: howard.jodi@epamail.epa.gov
Ken Hustvedt, Environmental
Protection Agency, Air and Radiation,
1200 Pennsylvania Avenue NW, RTF,
NC 27711
Phone: 919 541-5395
Fax: 919 685-3200
Email: hustvedt.ken@epamail.epa.gov
RIN: 2060-AP34
65. • NATIONAL EMISSION
STANDARDS FOR HAZARDOUS AIR
POLLUTANTS FOR RECIPROCATING
INTERNAL COMBUSTION ENGINES
Priority: Economically Significant.
Major under 5 USC 801.
Legal Authority: Not Yet Determined
CFR Citation: 40 CFR 63
Legal Deadline: NPRM, Judicial,
February 25, 2009, Consent decree for
NESHAP for non-emergency stationary
diesel engines 300 HP or greater.
Final, Judicial, February 10, 2010,
Consent decree for NESHAP for
non-emergency stationary diesel
engines 300 HP or greater.
Abstract: This proposal is intended to
establish national emission standards
for hazardous air pollutants (NESHAP)
for existing stationary reciprocating
internal combustion engines (RICE)
(gas-fired and diesel) that are either
located at area sources of hazardous air
pollutants (HAP) emissions or that have
a site rating of less than or equal to
500 brake horsepower (hp) and are
located at major sources of HAP
emissions. The proposal also
establishes NESHAP for existing
stationary compression ignition (diesel)
engines with a site rating of greater
than 500 brake hp that are located at
major sources of HAP emissions. EPA
has previously promulgated NESHAP
for new stationary RICE located at
major sources of HAP emissions,
existing stationary spark ignition (gas-
fired) engines that have a site rating
of greater than 500 brake hp and are
located at major sources of HAP
emissions, and new stationary RICE
located at area sources of HAP
emissions. This regulation will
complete our statutory obligation to
establish NESHAP for stationary
engines at major and area sources. We
are also taking comment on (1) the
feasibility of approaches that would
further reduce the remaining diesel
engine emissions (PM2.5 and black
carbon), including requiring use of
catalyzed diesel particulate filters; and
(2) approaches that would address
emissions during startup, shutdown,
and malfunction periods.
Timetable:
Action
NPRM
NPRM Comment
Period End
Final Action
Date FR Cite
03/05/09 74 FR 9698
05/04/09
02/00/1 0
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Spring 2009 Regulatory Agenda
43
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5300;
EPA publication information: NPRM -
http://edocket.access.gpo.gov/2009/pdf/
E9-4595.pdf;
Agency Contact: Melanie King,
Environmental Protection Agency, Air
and Radiation, D243-01, RTF, NC
27711
Phone: 919 541-2469
Fax: 919 541-5450
Email: king.melanie@epa.gov
Jaime Pagan, Environmental Protection
Agency, Air and Radiation, RTF, NC
27711
Phone: 919 541-5340
Fax: 919 541-5450
Email: pagan.jaime@epamail.epa.gov
RIN: 2060-AP36
66. • REGULATION OF FUELS AND
FUEL ADDITIVES: FEDERAL
VOLATILITY CONTROL PROGRAM IN
THE
DENVER-BOULDER-GREELEY-FT.
COLLINS-LOVELAND, CO, 8-HOUR
OZONE NONATTAINMENT AREA
Priority: Substantive, Nonsignificant
Unfunded Mandates: Undetermined
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: EPA is proposing to establish
an applicable standard of 7.8 pounds
per square inch (psi) Reid Vapor
Pressure (RVP) under the federal
volatility control program in the
Denver-Boulder-Greeley-Ft. Collins-
Loveland, Colorado, 8-hour ozone
nonattainment area during the summer
ozone control season — June 1 to
September 15 of each year. This action
would require the use of 7.8 psi RVP
gasoline in Adams, Arapahoe, Boulder,
Broomfield, Denver, Douglas and
Jefferson counties, and in portions of
Larimer and Weld counties. EPA is
proposing to take this action to align
the federal volatility requirements with
the Denver nonattainment area
boundaries under the 1997 8-hour
ozone standard.
Timetable:
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Agency Contact: Sean Hillson,
Environmental Protection Agency, Air
and Radiation, AASMCG, Ann Arbor,
MI 48105
Phone: 734 214-1789
Fax: 734 214-4052
Email: hillson.sean@epamail.epa.gov
Kurt Gustafson, Environmental
Protection Agency, Air and Radiation,
6406J, Washington, DC 20460
Phone: 202 343-9219
Fax: 202 343-2800
Email: gustafson.kurt@epa.gov
RIN: 2060-AP40
67. • IN-USE EMISSIONS TESTING
FOR NONROAD DIESEL ENGINES
Priority: Substantive, Nonsignificant
Unfunded Mandates: Undetermined
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: This rulemaking will
establish a manufacturer-run, in-use
emissions testing program for 2013 and
later model year nonroad diesel engines
used in non-road equipment. The new
program will assess in-use gaseous and
particulate exhaust emission rates from
nonroad diesel engines using portable
emission measurement systems.
Manufacturers will monitor compliance
with the applicable not-to-exceed
emission standards by typically testing
in-use diesel engines during normal
operation. If potentially non-complying
engines are identified, the manufacturer
will test more engines for the purpose
of determining if any further action is
necessary. EPA will likewise evaluate
the in-use emissions data to make
independent determinations about the
possible need to pursue further testing
or to initiate remedial actions. The in-
use test data will not only be used by
EPA to assure that emission standards
are being met, but also by
manufacturers to improve their engine
designs. This program will address a
serious, long-standing need for "real-
world" in-use testing data to gauge the
performance of engine emission
controls.
Timetable:
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5318
Agency Contact: Rich Wilcox,
Environmental Protection Agency, Air
and Radiation, 1200 Pennsylvania
Avenue NW, Washington, DC 20460
Phone: 734 214-4390
Email: wilcox.rich@epamail.epa.gov
Philip Carlson, Environmental
Protection Agency, Air and Radiation,
1200 Pennsylvania Avenue NW,
Washington, DC 20460
Phone: 734 214-4270
Email: carlson.philip@epamail.epa.gov
RIN: 2060-AP41
68. • IMPLEMENTATION OF THE
PRIMARY NATIONAL AMBIENT AIR
QUALITY STANDARDS (NAAQS) FOR
NITROGEN DIOXIDE
Priority: Other Significant
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: This rulemaking is intended
to provide information concerning what
actions should be taken to address the
implementation of the primary NAAQS
for Nitrogen Dioxide (NO2). The
rulemaking will address
implementation guidance concerning
the various elements that must be
addressed in State Implementation
Plans (SIPs) that States must submit in
order to meet the Clean Air Act (CAA)
requirements related to the NO2
NAAQS. These elements include an
attainment demonstration, Reasonable
Further Progress (RFP), Reasonably
Available Control Measures (RACM)
and Reasonably Available Control
Technology (RACT), Contingency
Measures, New Source Review (NSR),
Prevention of Significant Deterioration
(PSD), as well as information on
attainment dates, SIP submittal dates,
and other CAA requirements.
Timetable:
Action
Date
FR Cite
Action
Date
FR Cite
Action
Date
FR Cite
NPRM
05/00/09
NPRM
09/00/09
NPRM 08/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
-------
44
Spring 2009 Regulatory Agenda
EPA—Clean Air Act (CAA)
Proposed Rule Stage
Additional Information: SAN No. 5327;
NA
Agency Contact: Butch Stackhouse,
Environmental Protection Agency, Air
and Radiation, C539-01, RTF, NC
27711
Phone: 919 541-5208
Fax: 919 541-0824
Email:
stackhouse .butch@ep amail. ep a.gov
Peter Khaemba, Environmental
Protection Agency, Air and Radiation,
RTF, NC 20460
Phone: 919 541-9774
Fax: 919 541-0824
Email: khaemba.peter@epamail.epa.gov
RIN: 2060-AP47
69. • NATIONAL EMISSIONS
STANDARD FOR HAZARDOUS AIR
POLLUTANTS FOR GOLD MINE ORE
PROCESSING
Priority: Substantive, Nonsignificant
Unfunded Mandates: Undetermined
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: EPA is developing a national
emissions standard for hazardous air
pollutants (NESHAP) for gold mine ore
processing facilities under section 112
of the Clean Air Act. This action is
being developed under section 112(c)(6)
of the Clean Air Act, which requires
EPA to list categories and subcategories
of sources assuring that sources
accounting for not less than 90 per
centum of the aggregate emissions of
mercury are subject to standards under
subsection 112(d)(2) or 112(d)(4) of the
Clean Air Act.
Timetable:
Action
Date
FR Cite
NPRM 08/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5329;
EPA Region 9 office may be able to
assist and facilitate in various ways
because of their knowledge and
experience with this industry and the
geographic concentration of these
sources in their region.
Agency Contact: Chuck French,
Environmental Protection Agency, Air
and Radiation, D243-02, Research
Triangle Park, NC 27711
Phone: 919-541-7912
Fax: 919-541-3207
Email: french.chuck@epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, D243-02,
RTF, NC 27709
Phone: 919 541-2837
Fax: 919 541-3207
Email: fruh.steve@epa.gov
RIN: 2060-AP48
70. • ENDANGERMENT AND CAUSE
OR CONTRIBUTE FINDINGS FOR
GREENHOUSE GASES UNDER
SECTION 202(A) OF THE CLEAN AIR
ACT
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: On April 17, 2009, the
Administrator proposed an
Endangerment Finding under section
202(a) of the Clean Air Act. This
proposed finding had two components.
First, the Administrator proposed to
find that the current and projected
concentrations of the mix of six key
greenhouse gases—carbon dioxide
(CO2), methane (CH4), nitrous oxide
(N2O), hydrofluorocarbons (HFCs),
perfluorocarbons (PFCs), and sulfur
hexafluoride (SF6)—in the atmosphere
endanger the public health and welfare
of current and future generations
through climate change. In the second
component of the proposal, known as
the Cause or Contribute Finding, the
Administrator further proposed to find
that the combined emissions of four of
these six greenhouse gases from new
motor vehicles and motor vehicle
engines contribute to the atmospheric
concentrations of these key greenhouse
gases and hence to the threat of climate
change. EPA has not proposed in this
action any new regulation of motor
vehicle or motor vehicle emissions.
Timetable:
Action
Date
FR Cite
NPRM
NPRM Comment
Period End
04/24/09 74 FR 18886
06/23/09
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Additional Information: SAN No. 5335;
Docket ID: EPA-HQ-OAR-2009-0171;
NPRM-
http://www.epa.gov/fedrgstr/EPA-
AIR/2009/April/Day-24/a9339.htm
URL For More Information:
www.epa.gov/climatechange/
endangerment. html
Agency Contact: Rona Birnbaum,
Environmental Protection Agency, Mail
Code 6207J, 1200 Pennsylvania Avenue
NW, Washington, DC 20460
Phone: 202 343-9076
Fax: 202 343-2202
Email: birnbaum.rona@epamail.epa.gov
Ben DeAngelo, Environmental
Protection Agency, Mail Code 6207J,
1200 Pennsylvania Avenue NW,
Washington, DC 20460
Phone: 202 343-9107
Fax: 202 343-2202
Email: deangelo.ben@epa.gov
Related RIN: Previously reported as
2060-ZA14
RIN: 2060-AP55
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Spring 2009 Regulatory Agenda
45
Environmental Protection Agency (EPA)
Clean Air Act (CAA)
Final Rule Stage
71. SOURCE-SPECIFIC FEDERAL
IMPLEMENTATION PLAN FOR
NAVAJO GENERATING STATION;
NAVAJO NATION
Priority: Substantive, Nonsignificant
Legal Authority: CAA 30l(d)
CFR Citation: 49 CFR 123
Legal Deadline: None
Abstract: EPA is finalizing Federal
Implementation Plans to regulate
emissions from the Navajo Generating
Station and the Four Corners Power
Plant. The plants were previously
complying with emissions limits in the
Arizona and New Mexico State
Implementation Plans. However, EPA's
promulgation of the Tribal Authority
Rule clarified that State air quality
regulations generally could not be
extended to facilities located on the
reservation. These FIPs establish
federally enforceable emissions
limitations for sulfur dioxide, nitrogen
oxides, total particulate matter, and
opacity, and a requirement for control
measures for dust.
Timetable:
Action
NPRM
Notice
NPRM 2
Final Action
Date
09/08/99
01/26/00
09/1 2/06
09/00/09
FR Cite
64 FR 48725
65 FR 4244
71 FR 53639
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Tribal
Additional Information: SAN No. 4315;
EPA publication information: NPRM 2
- http://www.epa.gov/fedrgstr/EPA-
AIR/2006/September/Day-
12/al5086.htm; Formerly listed as RIN
2060-AI79; EPA Docket information:
epa-r09-oar-2006-0185
Agency Contact: Sarvy Mahdavi,
Environmental Protection Agency,
Regional Office San Francisco, AIR2,
Washington, DC 20460
Phone: 415-972-3173
Fax: 415-947-3537
Email: mahdavi.sarvy@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
72. 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: CAA
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
RFC, 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 RFC 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.
Timetable:
Email: cook.leila@epa.gov
RIN: 2060-AN63
Action
Date FR Cite
NPRM
Final Action
06/23/06 71 FR 36042
03/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5022;
EPA publication information: NPRM -
http ://www. epa.gov/fedrgstr/EPA-
AIR/2006/June/Day-23/a5620.htm;EPA
Docket information: EPA-HQ-OAR-
2006-0318
Agency Contact: Kurt Gustafson,
Environmental Protection Agency, Air
and Radiation, 6406J, Washington, DC
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
73. • AIR QUALITY DESIGNATIONS
AND CLASSIFICATIONS FOR THE
2008 OZONE NATIONAL AMBIENT AIR
QUALITY STANDARDS
Priority: Substantive, Nonsignificant
Legal Authority: sec 106(d); sec 172(a);
sec 181(a)
CFR Citation: 40 CFR 81
Legal Deadline: Final, Statutory, March
12, 2010, CAA requires EPA to issue
designations no later than 2 years from
the 3/12/08 promulgation of the revised
ozone NAAQS.
Abstract: On March 12, 2008, EPA
promulgated revised ozone national
ambient air quality standards (NAAQS).
This action will establish the air quality
designations and classifications for all
areas of the United States under the
revised standards, as required by
section 107 of the Clean Air Act.
Designations of attainment,
nonattainment, or unclassifiable are
based upon air quality monitoring data
and other relevant information
pertaining to the air quality in the
affected area, including whether an area
contributes to a violation of the
standard in a nearby area. The schedule
and process for designations is
contained in section 107. Under the
schedule, States and Tribes are to
submit their designation
recommendations no later than one
year from promulgation of the revised
NAAQS. EPA is required to notify
States and Tribes of any modifications
that EPA intends to make to their
recommendations no later than 120
days prior to promulgation of the
designations. EPA must make the
designations no later than 2 years from
promulgation of the revised NAAQS.
However, EPA may extend that date by
up to one year if EPA has insufficient
information.
Timetable:
Action
Date
FR Cite
Final Action 03/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5302;
EPA Docket information: EPA-HQ-OAR-
2008-0476
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46
Spring 2009 Regulatory Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
Agency Contact: Carla Oldham,
Environmental Protection Agency, Air
and Radiation, Mail Code C539-04,
RTF, NC 27711
Phone: 919 541-3347
Fax: 919 541-5489
Email: oldham.carla@epamail.epa.gov
Rhea Jones, Environmental Protection
Agency, Air and Radiation, C539-04,
RTF, NC 27711
Phone: 919 541-2940
Fax: 919 541-5489
Email: jones.rhea@epamail.epa.gov
RIN: 2060-AP37
74. REVIEW OF NEW SOURCES AND
MODIFICATIONS IN INDIAN COUNTRY
Priority: Other Significant
Legal Authority: 42 USC 7410 et seq
CFR Citation: 40 CFR 49
Legal Deadline: None
Abstract: Under the Clean Air Act's
New Source Review (NSR) provisions,
the EPA is developing 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.
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. 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
11/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
Tribal
Additional Information: SAN No. 3975;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2006/August/Day-21/a6926.htm; ;
EPA Docket information: EPA-HQ-OAR-
2003-0076
Agency Contact: Jessica Montanez,
Environmental Protection Agency, Air
and Radiation, C504-03, RTF, NC
27711
Phone: 919 541-3407
Fax: 919 541-5509
Email:
montanez.jessica@epamail.epa.gov
Raj Rao, Environmental Protection
Agency, Air and Radiation, C504-01,
RTF, NC 27711
Phone: 919 541-5344
Fax: 919 541-5509
Email: rao.raj@epamail.epa.gov
RIN: 2060-AH37
75. 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: None
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
02/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3958
Agency Contact: Jason Dewees,
Environmental Protection Agency, Air
and Radiation, C304-02, RTF, NC
27711
Phone: 919 541-9724
Fax: 919 541-0516
Email: dewees.jason@epamail.epa.gov
Conniesue Oldham, Environmental
Protection Agency, Air and Radiation,
E143-02, RTF, NC 27711
Phone: 919 541-7774
Fax: 919 541-0516
Email: oldham.conniesue@epa.gov
RIN: 2060-AH23
76. PETROLEUM REFINERIES—NEW
SOURCE PERFORMANCE
STANDARDS(NSPS)—SUBPARTS J
AND JA
Priority: Other Significant. Major under
5 USC 801.
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 60
Legal Deadline: None
Abstract: On June 24, 2008, EPA
promulgated amendments to the
Standards of Performance for Petroleum
Refineries and new standards for
process units constructed,
reconstructed, or modified after May
14, 2007. EPA received three petitions
for reconsideration of the final rule. On
September 26, 2008, EPA granted
reconsideration and issued a stay for
the issues raised in the petitions
regarding process heaters and flares. On
December 22, 2008, EPA addressed
those specific issues by proposing
amendments to certain provisions for
process heaters and flares. EPA also
proposed various technical corrections
in that action that were raised in the
petitions for reconsideration. EPA will
take action on other issues raised by
Petitioners in future notices. The notice
deferred action on all the other
reconsideration requests, including
greenhouse gas controls. A direct final
rule issued on 12/22/08 extended the
stay until a final decision on
reconsideration has been reached.
Timetable:
Action
Date FR Cite
05/14/07 72 FR 27178
06/28/07 72 FR 35375
06/24/08 73 FR 35838
09/00/09
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, RTF, NC
27709
Phone: 919 541-0884
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Spring 2009 Regulatory Agenda
47
EPA—Clean Air Act (CAA)
Final Rule Stage
Fax: 919 541-0246
Email: lucas.bob@epamail.epa.gov
Ken Hustvedt, Environmental
Protection Agency, Air and Radiation,
1200 Pennsylvania Avenue NW, RTF,
NC 27711
Phone: 919 541-5395
Fax: 919 685-3200
Email: hustvedt.ken@epamail.epa.gov
RIN: 2060-AN72
77. NESHAP: AREA SOURCE
STANDARDS—ALUMINUM, COPPER,
AND OTHER NONFERROUS
FOUNDRIES
Priority: Other Significant
Legal Authority: CAA 112
CFR Citation: 40 CFR 63
Legal Deadline: Final, Judicial, June
15, 2009, Court ordered deadline (area
source standards).
Abstract: Section 112 (k) of the Clean
Air Act requires the development of
standards for area sources that account
for 90% of the emissions in urban areas
of the 30 urban hazardous air
pollutants (HAP) listed in the
Integrated Urban Air Toxics Strategy.
The Integrated Urban Air Toxics
Strategy lists aluminum, copper, and
other nonferrous foundries as area
source categories.
Timetable:
Action
Date FR Cite
NPRM
NPRM Comment
Period End
Final Action
02/09/09 74 FR 6510
03/11/09
06/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 5189;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2009/February/Day-09/a2400.htm;
EPA Docket information: EPA-HQ-OAR-
2008-0236
Agency Contact: Gary Blais,
Environmental Protection Agency, Air
and Radiation, C404-05, Research
Triangle Park, NC 27711
Phone: 919 541-3223
Fax: 919 541-0242
Email: blais.gary@epa.gov
David Cole, Environmental Protection
Agency, Air and Radiation, C404-05,
Research Triangle Park, NC 27711
Phone: 919 541-5565
Fax: 919 541-0242
Email: cole.david@epa.gov
RIN: 2060-AO93
78. 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: Final, Judicial,
September 15, 2009, 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,
necessitated a re-proposal of responses
to the questions raised in the Court's
remand.
Timetable:
Action
Date FR Cite
Original NPRM 02/06/07 72 FR 5510
Supplemental NPRM 12/01/08 73 FR 72962
Final Action 09/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 5071;
EPA publication information: Original
NPRM-
http://www.epa.gov/fedrgstr/EPA-
AIR/2007/February/Day-06/al617.htm;
NPRM is a re-proposal of remand
response; EPA Docket information:
EPA-HQ-OAR-2006-0534
URL For More Information:
http://www.epa.gov/ttn/atw/129/
hmiwi/rihmiwi.html
Agency Contact: Ketan Patel,
Environmental Protection Agency, Air
and Radiation, E143-03, Research
Triangle Park, NC 27711
Phone: 919 541-9736
Fax: 919 541-3470
Email: patel.ketan@epa.gov
RIN: 2060-AO04
79. 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 finalized two sets of regulations
to implement section 176(c). First, on
November 24, EPA finalized the
Transportation Conformity Regulations
to establish the criteria and procedures
for determining that transportation
plans, programs, and projects that are
funded under title 23 U.S.C. or the
Federal Transit Act conform with the
SIP. Then, on November 30, EPA
finalized 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
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48
Spring 2009 Regulatory Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
their 1993 finalization. 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
11/00/09
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, C539-01, RTF, NC
27711
Phone: 919 541-3037
Fax: 919 541-0824
Email: coda.tom@epa.gov
Kimber Scavo, Environmental
Protection Agency, Air and Radiation,
C539-01, RTF, NC 27711
Phone: 919 541-3354
Fax: 919 541-0824
Email: scavo.kimber@epa.gov
RIN: 2060-AH93
80. 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.
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, 6407, Ann Arbor, MI
48105
Phone: 734 214-1287
Email:
brunner.christine@epamail.epa.gov
Patrice Simms, Environmental
Protection Agency, Air and Radiation,
2344, Washington, DC 20460
Phone: 202-564-4048
Email: simms.patrice@epamail.epa.gov
RIN:2060-AJ82
81. 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.
Timetable:
Action
Date FR Cite
Supplemental 2
NPRM
Final Action
01/17/06 71 FR2843
01/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No.
4757.1; EPA publication information:
Supplemental 2 NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2006/January/Day-17/a073.htm;
Split from RIN 2060-AK76.
Agency Contact: David Good,
Environmental Protection Agency, Air
and Radiation, N03, Ann Arbor, MI
48105
Phone: 734 214-4502
Fax: 734 214-4053
Email: good.david@epamail.epa.gov
RIN: 2060-AN01
82. 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 has proposed to
authorize uses that will qualify for the
2009 critical use exemption from the
phaseout of methyl bromide. This
action will 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.
EPA makes allocation decisions based
on information supplied by applicants
for each use/amount. The Parties have
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Spring 2009 Regulatory Agenda
49
EPA—Clean Air Act (CAA)
Final Rule Stage
approved critical use methyl bromide
every year since the phaseout in 2005.
Timetable:
Action
Date FR Cite
NPRM
NPRM Comment
Period End
Final Action
11/28/08 73 FR 72421
12/29/08
05/00/09
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. 5235;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2008/November/Day-
28/a28328.pdf; 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@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
83. 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. If
found acceptable, this would provide
industry with another alternative to
solvents with higher ozone depletion
potential. An acceptability
determination 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
as safe and environmentally protective
as other available substitutes. OSHA
does not currently regulate 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
07/00/09
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/June/Day-03/al3254.htm;
Split from RIN 2060-AJ58. The previous
ANPRM was under SAN No. 3525.;
EPA Docket information: EPA-HQ-OAR-
2002-0064
Sectors Affected: 334 Computer and
Electronic Product Manufacturing; 332
Fabricated Metal Product
Manufacturing; 337 Furniture and
Related Product Manufacturing; 333
Machinery Manufacturing; 331 Primary
Metal Manufacturing; 336
Transportation Equipment
Manufacturing; 32615 Urethane and
Other Foam Product (except
Polystyrene) Manufacturing
URL For More Information:
http ://www. epa.gov/ozone/snap/
index.html
Agency Contact: Margaret Sheppard,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202-343-9163
Fax: 202-343-2338
Email:
sheppard.margaret@epamail.epa.gov
Monica Shimamura, Environmental
Protection Agency, Air and Radiation,
6205J, Washington, DC 20460
Phone: 202-343-9337
Fax: 202-343-2362
Email:
shimamura.monica@epamail.epa.gov
RIN: 2060-AK26
84. 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 the first 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.
2nd Final Action: EPA plans to finalize
the use of R-744 in the 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 09/21/06 71 FR 55140
First Final Action 06/12/08 73 FR 33304
Second Final Action 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
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50
Spring 2009 Regulatory Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
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/m vacs, html
Agency Contact: Karen Thundiyil,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 343-9464
Email: thundiyil.karen@epamail.epa.gov
Cindy Newberg, Environmental
Protection Agency, Air and Radiation,
6205J, Washington, DC 20460
Phone: 202 343-9729
Email: newberg.cindy@epamail.epa.gov
RIN: 2060-AM54
85. 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
12/23/08 73 FR 78705
07/00/09
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 publication information: NPRM -
http ://www. epa.gov/fedrgstr/EPA-
AIR/2008/December/Day-
23/a29999.pdf; 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, 6205J, Washington, DC
20460
Phone: 202 343-9729
Email: newberg.cindy@epamail.epa.gov
Julius Banks, Environmental Protection
Agency, Air and Radiation, 6205J,
Washington, DC 20460
Phone: 202 343-9870
Fax: 202 343-2338
Email: banks.julius@epamail.epa.gov
RIN: 2060-AN58
86. REVIEW OF NEW SOURCE
PERFORMANCE STANDARDS-
PORTLAND CEMENT
Priority: Economically Significant.
Major under 5 USC 801.
Legal Authority: CAA ill
CFR Citation: 40 CFR 60 subpart F
Legal Deadline: NPRM, Judicial, May
31, 2008, Court ordered deadline.
Final, Judicial, May 31, 2009, Court
ordered deadline.
Abstract: New Source Performance
Standards (NSPS) regulate criteria
pollutants from new stationary sources.
The Portland Cement NSPS were
originally promulgated in 1971, and
last reviewed in 1988. Section 111 of
the Clean Air Act requires that NSPS
be reviewed every 8 years, and revised
as appropriate. The Sierra Club filed a
lawsuit to compel us to perform this
review. We have agreed to review the
NSPS and to promulgate final changes
by May 31, 2009.
Timetable:
Action
Date
FR Cite
NPRM 06/16/08 73 FR 34072
Extension of Comment 08/13/08 73 FR 47119
Period
Final Action 06/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Tribal
Additional Information: SAN No. 5143;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2008/June/Day-16/al2619.pdf;EPA
Docket information: EPA—HQ— OAR—
2007— 0877
Agency Contact: Keith Barnett,
Environmental Protection Agency, Air
and Radiation, D243-02, RTF, NC
27711
Phone: 919 541-5605
Fax: 919 541-3207
Email: barnett.keith@epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, D243-02,
RTF, NC 27709
Phone: 919 541-2837
Fax: 919 541-3207
Email: fruh.steve@epa.gov
RIN: 2060-AO42
87. INSPECTION/MAINTENANCE
PROGRAM REQUIREMENTS FOR
FEDERAL FACILITIES; AMENDMENT
TO THE FINAL RULE
Priority: Other Significant
Legal Authority: 23 USC 101; 42 USC
7401 et seq
CFR Citation: 40 CFR 51 (Revision); 40
CFR 93 (New)
Legal Deadline: None
Abstract: The Environmental
Protection Agency (EPA) has had
oversight and policy development
authority for Inspection and
Maintenance (I/M) programs since the
passage of the Clean Air Act (CAA) in
1970. The 1977 amendments to the
CAA mandated I/M for certain areas
with long-term air quality problems and
the 1990 amendments set forth
standards for implementation of I/M
programs. EPA used the statutory
requirements of the Act, including I/M
requirements for Federal facilities, to
promulgate regulations which States
would use in the development of their
I/M State Implementation Plans (SIPs).
The Department of Justice has now
ruled that Federal sovereign immunity
was not fully waived under the CAA
for those requirements and EPA should
amend its rule to remove the
requirement that States include those
elements in their SIPs. EPA is
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Spring 2009 Regulatory Agenda
51
EPA—Clean Air Act (CAA)
Final Rule Stage
proposing to: (1) Amend the Federal
facilities I/M requirements by removing
that section; (2) correct existing I/M SIP
approval actions which include these
elements; (3) establish new Federal
facilities I/M program requirements
which Federal facilities in I/M program
areas must meet in order to comply
with the Act; and (4) designate for each
State which section of the Act Federal
agencies must comply with based on
how that State promulgated its I/M
regulations. These changes will have
minimal to no impact on the States as
no new requirements are being created.
The States are under no obligation,
legal or otherwise, to modify existing
SIPs meeting the previously applicable
requirements as a result of this action,
nor will emissions reduction credit be
affected. However, the changes will
clarify for affected Federal facilities
what they must do to meet the CAA
requirements by establishing new
regulations per those requirements.
Timetable:
Action
Date
FR Cite
Direct Final Action
12/00/09
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
88. 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 appendix B;
40 CFR 60 appendix F
Legal Deadline: None
Abstract: Compliance with many air
rules is determined through use of
process parameter values, instead of
direct measurements of the pollutants
of concern. No uniform set of
requirements exist that inform users of
parameter monitoring devices of the
suitability of the devices for specific
tasks or the ability of the devices to
provide valid data. The lack of such
requirements means that the data from
those devices are less certain than other
data collected for the Agency and puts
those who rely on parameter
monitoring values at risk of being
incorrect. This rule would establish
minimum acceptable requirements,
both for initial installation and ongoing
operation, for five common classes of
parameter monitoring devices —
temperature, pressure, flow rate (liquid,
gas, and mass), pH, and conductivity.
In addition, this rule would revise
portions of other rules to ensure a
consistent approach for parameter
monitoring. Finally, unrelated to
parameter monitoring, the rule would
clarify ongoing quality assurance
requirements for direct measurement
devices that detect multiple pollutants.
The rule was proposed on October 9,
2008, and it can be found beginning
on page 59,956 of Volume 73 of the
Federal Register.
Timetable:
Action
Date FR Cite
NPRM 10/09/08 73 FR 59956
Extension of Comment 12/03/08 73 FR 73629
Period
NPRM Comment 12/08/08
Period End
NPRM Comment 02/05/09
Period Extended to
Final Action 09/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4584;
EPA publication information: NPRM -
http ://www. epa.gov/fedrgstr/EPA-
AIR/2008/October/Day-09/a22674.htm;
EPA Docket information: EPA-HQ-OAR-
2006-0640
Sectors Affected: 31-33 Manufacturing;
21 Mining; 486 Pipeline Transportation;
562213 Solid Waste Combustors and
Incinerators; 562212 Solid Waste
Landfill; 22 Utilities
Agency Contact: Barrett Parker,
Environmental Protection Agency, Air
and Radiation, D243-05, RTF, NC
27711
Phone: 919 541-5635
Fax: 919 541-1039
Email: parker.barrett@epa.gov
Bob Schell, Environmental Protection
Agency, Air and Radiation, D243-05,
RTF, NC 27711
Phone: 919 541-4116
Email: schell.bob@epamail.epa.gov
RIN: 2060-AJ86
89. PREVENTION OF SIGNIFICANT
DETERIORATION (PSD) AND
NONATTAINMENT NEW SOURCE
REVIEW (NSR): AGGREGATION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 51.165; 40 CFR
51.166; 40 CFR 52.21
Legal Deadline: None
Abstract: EPA is proposing an
additional delay of the effective date
of the NSR Aggregation Rule and
soliciting comment on the duration of
this additional delay in order to allow
for sufficient time to conduct the
reconsideration.
On January 30, 2009, the Natural
Resources Defense Council ("NRDC")
submitted a petition for reconsideration
(the "NRDC Petition") of our rule
issued on January 15, 2009, that
addressing NSR Aggregation. This rule
described when a source must combine
("aggregate") nominally-separate
physical changes and changes in the
method of operation for the purpose of
determining whether they are a single
change resulting in a significant
emission increase.
On February 13, 2009, we announced
the convening of a reconsideration
proceeding for the NSR Aggregation
Rule, and an administrative stay of the
rule's effective date. That notice
delayed the effective date of the rule
from February 17, 2009 until May 18,
2009. On March 18, 2009, we proposed
to extend that stay of the effective date
beyond May 18, 2009, to allow EPA
to complete its reconsideration
proceeding before the rule's effective
date.
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52
Spring 2009 Regulatory Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
Timetable:
Action
Date FR Cite
NPRM 09/14/06 71 FR 54235
Withdrawal of 01/15/09 74 FR 2460
Proposed Rule—
Debottlenecking
Final Action 01/15/09 74 FR 2376
Annoucement of 02/13/09 74 FR 7193
Reconsideration
Delay of Effective Date 02/13/09 74 FR 7284
Proposed Additional 03/18/09 74 FR 11509
Delay of Effective
Date
Final Action on 08/00/09
Effective Date
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: Dave Svendsgaard,
Environmental Protection Agency, Air
and Radiation, C339-03, RTF, NC
27711
Phone: 919 541-2380
Fax: 919 685-3105
Email: svendsgaard.dave@epa.gov
Lisa Sutton, Environmental Protection
Agency, Air and Radiation, C339-03,
RTF, NC 27711
Phone: 919 541-3450
Fax: 919 541-5509
Email: sutton.lisa@epa.gov
RIN: 2060-AL75
90. 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, May 15,
2009.
Abstract: This rule will regulate
hazardous air pollutant (HAP)
emissions from area sources in the
chemical manufacturing industry
pursuant to Clean Air Act section 112.
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 Clean Air Act
section 112 Urban Air Toxic Strategy
to address urban HAP emissions from
area sources.
Timetable:
Action
Date FR Cite
NPRM
NPRM Comment
Period End
Final Action
10/06/08 73 FR 58352
11/20/08 73 FR 70289
05/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4874;
EPA publication information: NPRM -
http ://www. epa.gov/fedrgstr/EPA-
AIR/2008/October/Day-06/a22518.pdf;
EPA Docket information:
http://www.regulations.gov/
fdmspublic/component/
main?main=DocketDetail&d=EPA-HQ-
OAR-2008-0334
URL For Public Comments:
wfwfwf.regulations.gov/fdmspublic/
component/
main?main=docketdetail&d=epa-hq-oar-
2008-0334
Agency Contact: Randy McDonald,
Environmental Protection Agency, Air
and Radiation, E143-01, Research
Triangle Park, NC 27711
Phone: 919 541-5402
Fax:919-685-3200
Email: mcdonald.randy@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-AMI9
91. 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 sec 111; CAA sec
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. Among other things,
the amendments will fix typographical
errors, approve training programs for
MWC operators in the State of
Minnesota, revise some emission limits,
and remove 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
01/00/10
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, C439-01, Research
Triangle Park, NC 27711
Phone: 919 541-7689
Fax: 919 541-7689
Email: shrager.brian@epamail.epa.gov
Walt Stevenson, Environmental
Protection Agency, Air and Radiation,
C439-01, Research Triangle Park, NC
27711
Phone: 919 541-5264
Fax: 919 541-5264
Email: stevenson.walt@epamail.epa.gov
RIN: 2060-AN17
92. 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: This regulation establishes
criteria for certifying a vehicle as low
emitting and energy-efficient. State
High-Occupancy-Vehicle (HOV)
programs will reference this regulation
in their request to Federal Highway
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Spring 2009 Regulatory Agenda
53
EPA—Clean Air Act (CAA)
Final Rule Stage
Administration for exceptions to the 2-
person minimum occupancy HOV
requirement.
Timetable:
Action
Date FR Cite
NPRM
Final Action
05/24/07 72 FR 29102
06/00/09
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, N104, Ann Arbor, MI
48105
Phone: 734 214-4873
Email: manners.mary@epamail.epa.gov
Holly Pugliese, Environmental
Protection Agency, Air and Radiation,
AAIO, Ann Arbor, MI 48105
Phone: 734 214-4288
Email: pugliese.holly@epa.gov
RIN: 2060-AN68
93. NESHAP: MERCURY CELL
CHLOR-ALKALI PLANTS-
AMENDMENTS
Priority: Other Significant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Other, Judicial, May
31, 2009, Joint Stipulation.
Abstract: The existing NESHAP for
mercury cell chlor-alkali plants was
promulgated in 2003, in 40 CFR part
63 subpart IIIII, to require MACT for
both major and area sources. The
pollutant of concern is elemental
mercury. At the time of the rule, 12
plants existed in the US. In 2004,
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 showed that
the plants are emitting on the average
of 500 g/day of mercury (0.2 tons per
year) which is well below the previous
1,300 g/day operating value allowed in
the previous part 61 rule. EPA
published a proposal in June 2008, as
per an agreement with NRDC, and is
currently reviewing comments.
Timetable:
Action
Date FR Cite
NPRM
Final Action
06/11/08 73 FR 33258
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, RTF, NC
27709
Phone: 919 541-5251
Fax: 919 541-3207
Email: jones.donnalee@epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, D243-02,
RTF, NC 27709
Phone: 919 541-2837
Fax: 919 541-3207
Email: fruh.steve@epa.gov
RIN: 2060-AN99
94. 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 challenged the
rule. Final amendments to address
issues raised by the petitioners were
published on July 14, 2006. This action
will clarify and correct several
inconsistencies in the final rule.
Clarifications may include new
language to specify which vent streams
may be vented to a flare, how
combination of emission limits may be
used for control of batch vents, and
which process condensers are affected.
Timetable:
Action
Date FR Cite
NPRM
Final Action
08/06/08 73 FR 45673
06/00/09
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, E143-01, Research
Triangle Park, NC 27711
Phone: 919 541-5402
Fax: 919-685-3200
Email: mcdonald.randy@epa.gov
Ken Hustvedt, Environmental
Protection Agency, Air and Radiation,
1200 Pennsylvania Avenue NW, RTF,
NC 27711
Phone: 919 541-5395
Fax: 919 685-3200
Email: hustvedt.ken@epamail.epa.gov
RIN: 2060-AO07
95. PREVENTION OF SIGNIFICANT
DETERIORATION FOR PM2.5—
INCREMENTS, SIGNIFICANT IMPACT
LEVELS AND SIGNIFICANT
MONITORING CONCENTRATIONS
Priority: Other Significant
Legal Authority: 42 USC 7410; 42 USC
7470 to 7479; 42 USC 7501 to 7503
CFR Citation: 40 CFR 52.21; 40 CFR
51.166
Legal Deadline: None
Abstract: Section 166 of the Clean Air
Act authorizes the Environmental
Protection Agency to establish
regulations to prevent significant
deterioration of air quality due to
emissions of any pollutant for which
a NAAQS has been promulgated. The
NAAQS for PM2.5 were 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
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54
Spring 2009 Regulatory Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
indicated that we would be proposing
a separate rule for developing
increments and Significant Impact
Levels (SILs), and a Significant
Monitoring Concentration (SMC) to
facilitate implementation of a PM2.5
PSD program. This rulemaking will
address those issues.
Timetable:
Action
Date FR Cite
NPRM 09/21/07 72 FR 54112
Notice of Extension of 11/20/07 72 FR 65282
Comments
Final Action 10/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 5068;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2007/September/Day-
21/al8346.htm; EPA Docket
information: EPA-HQ-OAR-2005-0605
Agency Contact: Dan deRoeck,
Environmental Protection Agency, Air
and Radiation, C339-03, RTF, NC
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,
RTF, NC 27711
Phone: 919 541-5344
Fax: 919 541-5509
Email: rao.raj@epamail.epa.gov
RIN: 2060-AO24
96. NEW SOURCE PERFORMANCE
STANDARDS REVIEW FOR
NONMETALLIC MINERAL
PROCESSING PLANTS; AND
AMENDMENTS TO SUBPART UUU
APPLICABILITY
Priority: Other Significant
Legal Authority: CAA
CFR Citation: 40 CFR 60
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.
This NSPS was initially promulgated
on August 1, 1985, and reviewed in the
mid-1990's. Final revisions for that
review were promulgated on June 9,
1997. On October 2006, EPA entered
into a consent decree with several
environmental groups. The decree
requires final revisions to be
promulgated by April 16, 2009.
Revisions for this NSPS were proposed
on April 22, 2008.
Timetable:
Action
Date FR Cite
NPRM
Final Action
04/22/08 73 FR 21559
05/00/09
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, RTF, NC
27711
Phone: 919 541-5435
Fax: 919 541-3207
Email: neuffer.bill@epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, D243-02,
RTF, NC 27709
Phone: 919 541-2837
Fax: 919 541-3207
Email: fruh.steve@epa.gov
RIN: 2060-AO41
97. 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: 42 USC 7401 et seq
CFR Citation: 40 CFR 51, appendix M
Legal Deadline: None
Abstract: Method 208 is a protocol for
collecting, analyzing, and reporting of
volatile organic compounds (VOC)
emissions from asphalt paving
production operations. It will produce
more accurate measurement of the mass
of VOC emissions from such 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. EPA is promulgating these
methods to make them more widely
available and acceptable for use by
asphalt paving producers in meeting
various environmental regulations.
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. 5146;
EPA Docket information: EPA-HQ-OAR-
2008-0622
Agency Contact: Gary McAlister,
Environmental Protection Agency, Air
and Radiation, E143-02, RTF, 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, RTF, NC 27711
Phone: 919 541-1064
Fax: 919 541-0516
Email: sorrell.candace@epa.gov
RIN: 2060-AO51
98. 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
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Spring 2009 Regulatory Agenda
55
EPA—Clean Air Act (CAA)
Final Rule Stage
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
07/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5156;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2004/December/Day-
22/a27985.htm; EPA Docket
information: EPA-HQ-OAR-2004-0080
Agency Contact: Gary McAlister,
Environmental Protection Agency, Air
and Radiation, E143-02, RTF, NC
27711
Phone: 919 541-1062
Fax: 919 541-1039
Email: mcalister.gary@epamail.epa.gov
Robin Segall, Environmental Protection
Agency, Air and Radiation, E143-02,
Research Triangle Park, NC 27711
Phone: 919 541-0893
Fax: 919 541-0516
Email: segall.robin@epamail.epa.gov
RIN: 2060-AO53
99. REGULATION OF FUELS AND
FUEL ADDITIVES: ALTERNATIVE
QUALITY ASSURANCE
REQUIREMENTS FOR ULTRA-LOW
SULFUR DIESEL
Priority: Substantive, Nonsignificant
Legal Authority: CAA 211
CFR Citation: 40 CFR 80
Legal Deadline: None
Abstract: This rule provides flexibility
to refiners, importers and distributors
of diesel fuel by amending the ultra-
low sulfur diesel (ULSD) regulations to
allow a nationwide sampling and
testing program to be used as an
alternative means of meeting the
sampling and testing defense elements
under 40 CFR section 80.613. This
alternative method would consist of a
comprehensive program of quality
assurance sampling and testing
calculated to achieve the same
objectives as the current regulatory
quality assurance requirement; i.e. that
the sulfur content in ULSD does not
exceed regulatory limits.
Timetable:
Action
Date
FR Cite
Direct Final Action 07/00/09
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
100. 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 to 7671q
CFR Citation: 40 CFR 82
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
NPRM
NPRM Comment
Period End
Final Action
Date FR Cite
12/23/08 73 FR 78680
02/23/09
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 publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2008/December/Day-
23/a29965.pdf; 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
Jeremy Arling, Environmental
Protection Agency, Air and Radiation,
6205J, Washington, DC 20460
Phone: 202 343-9055
Email: arling.jeremy@epa.gov
RIN: 2060-AO76
101. PROTECTION OF
STRATOSPHERIC OZONE:
ALLOCATION OF ESSENTIAL USE
ALLOWANCES FOR CALENDAR YEAR
2009
Priority: Other Significant
Legal Authority: 42 USC 7671 to
7671q; 42 USC 7414; 42 USC 7601
CFR Citation: 40 CFR 82
Legal Deadline: None
Abstract: This rule allocates essential
use allowances for the import and
production of Class I stratospheric
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56
Spring 2009 Regulatory Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
ozone depleting substances for 2009.
Essential use allowances enable a
person to produce or import controlled
Class I ozone depleting substances
under the essential use exemption to
the regulatory phaseout of these
chemicals, which became effective on
January 1, 1996. These chemicals were
phased out of production
internationally due to their harmful
effects on the earth's ozone layer. EPA
has promulgated such rules to allocate
new production since the 1996 phase
out. Under this rule, the essential uses
are the manufacture of important
medical devices such as asthma
inhalers.
Timetable:
Action
Date FR Cite
NPRM
Final Action
01/16/09 74 FR 2954
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. 5234;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/ 2 009/January/Day-16/a945. p df;
EPA Docket information: EPA-HQ-OAR-
2008-0503
URL For More Information:
http://www.epa.gov/ozone/title6/
exemptions/essential.html
Agency Contact: Jennifer Bohman,
Environmental Protection Agency, Air
and Radiation, 1200 Pennsylvania
Avenue NW, Washington, DC 20460
Phone: 202 343-9548
Email:
bohman.jennifer@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
102. 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
Final Action
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 RDM 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
103. IMPLEMENTATION OF THE 1997
8-HR OZONE NAAQS: REVISION ON
SUBPART 1 AREA
RECLASSIFICATION AND
ANTI-BACKSLIDING PROVISIONS
UNDER FORMER 1-HR OZONE
STANDARD; DELETION OF
OBSOLETE 1-HR OZONE STANDARD
Priority: Other Significant
Legal Authority: 42 USC 7410; 42 USC
7511 to 7511f; 42 USC 7601(a)(l)
CFR Citation: 40 CFR 51
Legal Deadline: None
Abstract: This rulemaking action
would revise the Phase 1 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 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
- Contingency measures for failure to
attain the 1-hour standard or make
reasonable progress toward attainment.
The rule would also address: (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. The rule
would also remove an obsolete
provision in the 1-hour ozone standard
itself (40 CFR 50.9(c)).
Timetable:
Action
NPRM
NPRM Comment
Period End
Final Action
Date FR Cite
01/16/09 74 FR 2936
02/1 7/09
12/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State
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Spring 2009 Regulatory Agenda
57
EPA—Clean Air Act (CAA)
Final Rule Stage
Additional Information: SAN No. 5194;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2009/January/Day-16/a806.pdf;
EPA Docket information: EPA-HQ-OAR-
2007-0956
Agency Contact: John Silvasi,
Environmental Protection Agency, Air
and Radiation, C539-01, Research
Triangle Park, NC 27711
Phone: 919 541-5666
Fax: 919 541-0824
Email: silvasi.john@epamail.epa.gov
David Painter, Environmental
Protection Agency, Air and Radiation,
C339-03, Washington, DC 20460
Phone: 919 541-5515
Fax: 919 541-5509
Email: painter.david@epa.gov
RIN: 2060-AO96
104. RECONSIDERATION OF
HALOGENATED SOLVENT CLEANING
FINAL RESIDUAL RISK RULE
Priority: Other Significant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Judicial, October
30, 2009.
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. EPA issued a proposed
reconsideration rule on October 20,
2008. EPA is now reviewing the
comments submitted on that proposal.
Timetable:
Action
Date FR Cite
NPRM
Extension of Public
Comment Period
Final Action
10/20/08 73 FR 62384
12/03/08 73 FR 73631
10/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5236;
EPA publication information: Extension
of Public Comment Period -
http ://www. epa.gov/fedrgstr/EPA-
AIR/2008/December/Day-
03/a28675.htm; EPA Docket
information: EPA-HQ-OAR-2002-0009
Agency Contact: Lynn Dail,
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,
E-143-03, RTF, NC 27711
Phone: 919 541-5335
Fax: 919 541-3470
Email: dunkins.robin@epa.gov
RIN: 2060-AP07
105. AIR QUALITY DESIGNATIONS
FOR THE 24-HOUR FINE PARTICLE
(PM2.5) NATIONAL AMBIENT AIR
QUALITY STANDARDS
Priority: Substantive, Nonsignificant
Legal Authority: CAA I07(d)
CFR Citation: 40 CFR 81
Legal Deadline: Final, Statutory,
December 18, 2008, CAA section 107
establishes the date for the final rule.
Abstract: This action would finalize
the designation of each area of the
country as attainment, nonattainment,
or unclassifiable with regard to the
2006 24-hour PM2.5 NAAQS.
The notice for these final area
designations was signed on December
22, 2008, but was not published and
is currently under review.
In 2006, EPA revised the 24-hour
PM2.5 NAAQS from 65 micrograms per
cubic meter (|ig/m3) to 35 u.g/m3 and
retained the annual PM2.5 NAAQS of
15 u,g/m3. The revised 24-hour PM2.5
NAAQS was published on October 17,
2006 (71 FR 61144) and became
effective on December 18, 2006. The
24-hour PM2.5 NAAQS was revised
based on a number of health studies
showing that short-term exposure to
PM2.5 is associated with increased
mortality and a range of serious health
effects, including aggravation of lung
disease, asthma attacks, and heart
problems. The designations given in
this rule are for the 2006 24-hour
PM2.5 NAAQS. The area designations
for the 1997 24-hour PM2.5 NAAQS
remain the same. EPA has not
previously revoked, and is not by this
action revoking, the 1997 24-hour
PM2.5 NAAQS.
Timetable:
Action
Date
FR Cite
Notice—Extension of
State Submittal
Date
Final Action
06/00/09
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
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, RTF, NC
27711
Phone: 919 541-0107
Fax: 919 541-0824
Email: vasu.amy@epamail.epa.gov
Rich Damberg, Environmental
Protection Agency, Air and Radiation,
C539-01, RTF, NC 27711
Phone: 919 541-5592
Fax: 919 541-0824
Email: damberg.rich@epamail.epa.gov
RIN: 2060-AP27
106. • RULEMAKING TO REAFFIRM
THE PROMULGATION OF REVISIONS
OF THE ACID RAIN PROGRAM RULES
Priority: Info./Admin./Other
Legal Authority: 42 USC 7651
CFR Citation: 40 CFR 72 to 74; 40 CFR
77 and 78
Legal Deadline: Final, Statutory,
November 14, 2009, Final rule must be
published in the FR on or before Nov.
14, 2009.
Abstract: This action will reaffirm the
promulgation of certain long-standing
Acid Rain Program (ARP) provisions.
The action will not change any existing
provisions of the ARP rules but will
ensure that existing provisions, which
have been in effect and in use since
2006, will remain in effect. EPA
finalized certain revisions to the ARP
rules in Federal Register (FR) notices
that also finalized the Clean Air
Interstate Rule (CAIR) and the Federal
Implementation Plans for CAIR (CAIR
FIPs). These ARP revisions would have
been adopted even in the absence of
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58
Spring 2009 Regulatory Agenda
EPA—Clean Air Act (CAA)
Final Rule Stage
CAIR and the CAIR FIPs. The first type
of ARP revisions changed the
allowance-holding and -transfer
requirements in the SO2 trading
program from unit-level to facility-
level. The second type of ARP revisions
explicitly allowed the use of agents by
designated representatives, while
holding designated representatives
ultimately responsible for any agent's
actions. The third type of ARP
revisions was a miscellaneous group of
minor, technical changes streamlining
the ARP rules. After the ARP revisions
were final and effective, EPA modified
its electronic allowance tracking system
and electronic emissions reporting
system to reflect these revisions by, for
example, removing individual-unit
allowance accounts and creating
instead allowance accounts for each
facility or "source." All three types of
revisions were implemented in 2006,
and many of the revisions, particularly
the first two types of revisions, have
been widely used by regulated
companies since mid-2006. On July 11,
2008 the U.S. Court of Appeals for the
District of Columbia Circuit issued a
decision to vacate and remand CAIR
and the CAIR FIPs to EPA. EPA and
other parties filed petitions for
rehearing, and in response, the Court
on December 23 issued a decision to
remand without vacating CAIR and the
CAIR FIPs. The ARP revisions are not
related to CAIR or the CAIR FIPs and
EPA believes it is reasonable to view
them as unaffected by the Court's
decision. However, we are reaffirming
the revisions to remove any uncertainty
about their regulatory status. Although
the Court decided to remand without
vacating CAIR and the CAIR FIPs, EPA
still needs to clarify the status of the
ARP revisions in order to remove any
ambiguity that may exist because of
uncertainty about the breadth of the
Court's opinion as well as to potentially
respond to the remand if necessary. We
originally published this action as a
direct final rule, but had to withdraw
it due to receipt of one adverse
comment. We will consider the
comment received and publish a final
rule in July 2009.
Timetable:
Action
Date FR Cite
Action
Date FR Cite
Action
Date
FR Cite
NPRM
Direct Final Action
Interim Final Action
12/15/08 73 FR 75983
12/15/08 73 FR 75954
12/15/08 73 FR 75959
Direct Final Action—
Withdrawal
Final Action
03/26/09 74 FR 13124
07/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5299;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPAFR-
CONTENTS/2008/December/Day-
15/contents.htm; EPA Docket
information: EPA—HQ—OAR—2008—
0774
Agency Contact: Gabrielle Stevens,
Environmental Protection Agency, Air
and Radiation, 6204J, Washington, DC
20460
Phone: 202 343-9252
Email: stevens.gabrielle@epa.gov
Dwight Alpern, Environmental
Protection Agency, Air and Radiation,
6204N, Washington, DC 20460
Phone: 202 343-9151
Fax: 202 343-2356
Email: alpern.dwight@epamail.epa.gov
RIN: 2 060-APS 5
107. • NATIONAL EMISSION
STANDARDS FOR HAZARDOUS AIR
POLLUTANTS FOR AREA SOURCES:
ELECTRIC ARC FURNACE
STEELMAKING FACILITIES; DIRECT
FINAL AMENDMENTS
Priority: Other Significant
Legal Authority: CAA 112
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: The amendments to the area
source standards for electric arc furnace
steelmaking facilities clarify
applicability of the opacity limit, make
the performance test requirements for
particulate matter consistent with
requirements in the new source
performance standards for electric arc
furnace steelmaking facilities, allow
title V test data to be used to
demonstrate compliance, and revise the
definition of "scrap provider" to
include electric arc furnace steelmaking
facilities that own and operate a scrap
shredder.
Timetable:
Direct Final Action
Withdrawl of Direct
Final
Final Action
12/01/08 73 FR 72727
02/26/09 74 FR 8756
07/00/09
Action
Date
FR Cite
NPRM
12/01/08 73 FR 72756
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No.
4889.1; EPA publication information:
NPRM-
http://www.epa.gov/fedrgstr/EPA-
AIR/2008/December/Day-
01/a28456.pdf; Split from RIN 2060-
AM71.; EPA Docket information: OAR-
2004-0083
Agency Contact: Phil Mulrine,
Environmental Protection Agency, Air
and Radiation, D243-02, RTF, NC
27711
Phone: 919 541-5289
Fax: 919 541-3207
Email: mulrine.phil@epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, D243-02,
RTF, NC 27709
Phone: 919 541-2837
Fax: 919 541-3207
Email: fruh.steve@epa.gov
RIN: 2060-AP44
108. • PREVENTION OF SIGNIFICANT
DETERIORATION (PSD) AND
NONATTAINMENT NEW SOURCE
REVIEW (NSR): AGGREGATION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 51.165; 40 CFR
51.166; 40 CFR 52.21
Legal Deadline: None
Abstract: This action is proposing to
delay the effective date for the
Environmental Protection Agency (EPA)
rule addressing "aggregation" under the
Prevention of Significant Deterioration
(PSD) and the nonattainment New
Source Review (NSR) programs
(collectively, "NSR") published in the
Federal Register on January 15, 2009.
This rule (the "NSR Aggregation
Amendments") described when a
source must combine ("aggregate")
nominally-separate physical changes
and changes in the method of operation
for the purpose of determining whether
they are a single change resulting in
a significant emissions increase.
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Spring 2009 Regulatory Agenda
59
EPA—Clean Air Act (CAA)
Final Rule Stage
On January 30, 2009, the Natural
Resources Defense Council ("NRDC")
submitted a petition for reconsideration
(the "NRDC Petition") of the NSR
Aggregation Amendments. In response
to the NRDC Petition, EPA announced
on February 13, 2009, that it would
convene a reconsideration proceeding
for the NSR Aggregation Amendments
and would delay the effective date of
the rule from February 17, 2009 until
May 18, 2009. In this notice, EPA is
proposing an additional delay of the
effective date of the NSR Aggregation
Amendments and soliciting comment
on the duration of this additional delay
in order to allow for sufficient time to
conduct the reconsideration
proceeding.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
03/18/09 74 FR 11509
05/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local
Additional Information: SAN No.
4793.1; EPA publication information:
NPRM-
http ://www. epa.gov/fedrgstr/EPA-
AIR/2006/September/Day-
14/al5248.htm; Split from RDM 2060-
AL75.; EPA Docket information: EPA-
HQ-OAR-2003-0064
Agency Contact: Dave Svendsgaard,
Environmental Protection Agency, Air
and Radiation, C339-03, RTF, NC
27711
Phone: 919 541-2380
Fax: 919 685-3105
Email: svendsgaard.dave@epa.gov
Raj Rao, Environmental Protection
Agency, Air and Radiation, C504-01,
RTF, NC 27711
Phone: 919 541-5344
Fax: 919 541-5509
Email: rao.raj@epamail.epa.gov
RIN: 2060-AP49
Environmental Protection Agency (EPA)
Clean Air Act (CAA)
Long-Term Actions
109. ACCIDENTAL RELEASE
PREVENTION REQUIREMENTS: RISK
MANAGEMENT PROGRAMS UNDER
THE CLEAN AIR ACT, SECTION
112(R)(7); AVAILABILITY OF
INFORMATION TO THE PUBLIC;
TECHNICAL AMENDMENT
Priority: Info./Admin./Other
Legal Authority: CAA H2(r)
CFR Citation: 40 CFR 68.210
Legal Deadline: None
Abstract: Section 112(r)(7) of the Clean
Air Act (CAA) and its implementing
regulations at 40 CFR part 68 require
certain stationary sources to report an
Off-site Consequence Analysis (OCA),
including a worst-case release scenario,
in a Risk Management Plan (RMP) that
is to be made available to the public.
In response to concerns that posting
OCA information on the Internet might
increase the risk of terrorist and other
criminal activities, on August 5, 1999,
the Chemical Safety Information, Site
Security and Fuels Regulatory Relief
Act (CSISSFRRA) was enacted. The Act
requires the President to promulgate
regulations governing the distribution
of the OCA sections of RMPs that, in
the opinion of the President, would
minimize the likelihood of accidental
releases and the risk of terrorist and
other criminal activities associated with
posting this information. The President
delegated his rulemaking authority to
the Attorney General and the
Administrator of EPA, who jointly
promulgated the required regulations at
40 CFR part 1400. The part 1400
regulations restrict the public's access
to the OCA sections of RMPs in certain
ways. As currently drafted, however,
section 68.210(a) of part 68 states that
RMPs are available to the public under
CAA section 114, which makes
information collected under the CAA,
including RMPs in their entirety,
available to the public, except for
confidential business information. EPA
is therefore revising 40 CFR section
68.210(a) to reflect the August 2000
rulemaking. The revision will state that
OCA data is made available to the
public under the provisions of 40 CFR
part 1400. This revision is not meant
to regulate any new entities.
Timetable:
Action
Date
FR Cite
Final Action
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4607
Agency Contact: Sicy Jacob,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5104A, Washington, DC 20460
Phone: 202 564-8019
Fax: 202 564-2625
Email: jacob.sicy@epa.gov
RIN: 2050-AE95
110. PREVENTION OF SIGNIFICANT
DETERIORATION OF AIR QUALITY:
PERMIT APPLICATION REVIEW
PROCEDURES FOR NON-FEDERAL
CLASS I AREAS
Priority: Other Significant
Legal Authority: 42 USC 7670-7479;
CAA 160-169
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
05/16/97
To Be
62 FR 27158
Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Tribal
Additional Information: SAN No. 3919
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60
Spring 2009 Regulatory Agenda
EPA—Clean Air Act (CAA)
Long-Term Actions
Agency Contact: Barrel Harmon,
Environmental Protection Agency, Air
and Radiation, 6101A, Washington, DC
20460
Phone: 202 564-7416
Fax: 202 501-1153
Email: harmon.darrel@epamail.epa.gov
RIN: 2060-AH01
111. REVIEW OF THE NATIONAL
AMBIENT AIR QUALITY STANDARDS
FOR CARBON MONOXIDE
Priority: Other Significant
Legal Authority: 42 USC 7409
CFR Citation: 40 CFR 50
Legal Deadline: NPRM, Judicial,
October 28, 2010, US District Court
Northern District of CA San Francisco
Division 5/5/08.
Final, Judicial, May 13, 2011, US
District Court Northern District of CA
San Francisco Division 5/5/08.
Abstract: Review of the National
Ambient Air Quality Standards
(NAAQS) for carbon monoxide (CO) is
mandated by the Clean Air Act. The
review will include an assessment of
the available science on health and
environmental effects associated with
ambient levels of CO and an evaluation
of the science in the context of policy
decisions on whether or not to revise
current standards. The last CO NAAQS
review occurred in 1994 with a
decision by the Administrator not to
revise the existing standards.
Timetable:
Action
Date FR Cite
NPRM
Final Action
11/00/10
05/00/11
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, RTF, NC
27711
Phone: 919 541-5288
Email: mckee.dave@epa.gov
Karen Martin, Environmental Protection
Agency, Air and Radiation, C 504-06,
Durham, NC 27711
Phone: 919 541-5274
Fax: 919 541-0237
Email: martin.karen@epa.gov
RIN:2060-AI43
112. REVIEW OF THE NATIONAL
AMBIENT AIR QUALITY STANDARDS
FOR PARTICULATE MATTER
Priority: Economically Significant.
Major under 5 USC 801.
Legal Authority: 42 USC 7408; 42 USC
7409
CFR Citation: 40 CFR 50
Legal Deadline: None
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
p articulate 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. The
current review of the PM NAAQS
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 EPA's
Office of Air and Radiation (OAR) and
Office of Research and Development
(ORD) consider the appropriate design
and scope of the major elements that
will inform the Agency's policy
assessment under the new NAAQS
process: an integrated plan highlighting
the key policy-relevant issues prepared
by OAR and ORD, an Integrated
Science Assessment prepared by ORD,
and a Risk/Exposure Assessment
prepared by OAR. 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. The
Administrator will propose to retain or
revise the PM NAAQS, as appropriate,
taking into consideration CASAC and
public comment. 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
NPRM
Final Action
02/00/11
11/00/11
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, C 504-06,
Durham, NC 27711
Phone: 919 541-5274
Fax: 919 541-0237
Email: martin.karen@epa.gov
RIN: 2060-AO47
113. 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: None
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
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Spring 2009 Regulatory Agenda
61
EPA—Clean Air Act (CAA)
Long-Term Actions
applies to OSWI in any State, tribe, or
locale that has not submitted an
approvable plan within the time
allotted. This action makes no changes
to the requirements in the December
2005 rule, and is intended to fulfill
EPA's duty under section 129(b)(3) to
promulgate a Federal plan as a gap-
filling measure until the State fulfills
its statutory obligations. When the State
submits an approvable State Plan, the
Federal plan will no longer apply to
units in that State.
Timetable:
Action
Date FR Cite
NPRM
Final Action
12/18/06 71 FR75816
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 5011;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
WASTE/2006/December/Day-
18/f21285.htm; Legal Deadline
continued: Federal Plan must be
promulgated 2 years after the final
publication of the Emission Guidelines
rule (December 16, 2005, 70 FR 74869,
http://www.epa.gov/fedrgstr/EPA-
AIR/2005/December/Day-
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,
E-143-03, RTF, NC 27711
Phone: 919 541-5335
Fax: 919 541-3470
Email: dunkins.robin@epa.gov
RIN: 2060-AN43
114. 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; 40 CFR 63.18
Legal Deadline: None
Abstract: These amendments to the
Part 63 General Provisions would allow
facilities that are subject to maximum
achievable control technology (MACT)
to discontinue those 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.
Timetable:
Action
Date FR Cite
NPRM
Final Action
05/15/03 68 FR 26249
To Be Determined
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 -
http ://www. epa.gov/fedrgstr/EPA-
AIR/2003/May/Day-15/al2180.htm;
EPA Docket information: EPA-HQ-OAR-
2002-0044
Agency Contact: Rick Colyer,
Environmental Protection Agency, Air
and Radiation, D205-02, Research
Triangle Park, NC 27711
Phone: 919 541-5262
Email: colyer.rick@epamail.epa.gov
Lisa Conner, Environmental Protection
Agency, Air and Radiation, D205-02,
Research Triangle Park, NC 27711
Phone: 919 541-5060
Fax: 919 541-5600
Email: conner.lisa@epa.gov
RIN: 2060-AK54
115. 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 August 2011.
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
08/00/11
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4751;
EPA publication information: NPRM-
STAY-
http://www.epa.gov/fedrgstr/EPA-
AIR/2004/April/Day-07/a7775.htm; ;
EPA Docket information: EPA-HQ-OAR-
2003-0196
Sectors Affected: 3336 Engine,
Turbine, and Power Transmission
Equipment Manufacturing; 221112
Fossil Fuel Electric Power Generation
Agency Contact: 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
116. AMENDMENT OF DEFINITIONS
FOR NATIONAL EMISSIONS
STANDARDS FOR HAZARDOUS
POLLUTANTS FOR RADIONUCLIDES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 61.90(a); 40 CFR
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62
Spring 2009 Regulatory Agenda
EPA—Clean Air Act (CAA)
Long-Term Actions
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
04/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
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
117. NESHAP SUBPART W:
STANDARDS FOR RADON EMISSIONS
FROM OPERATING URANIUM MILL
TAILINGS: REVIEW
Priority: Other Significant
Unfunded Mandates: Undetermined
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 61.250 to 61.256
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. EPA is in
the process of reviewing this standard.
If necessary, we will revise the
NESHAP requirements for radon
emissions from operating uranium mill
tailings.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
12/00/10
To Be Determined
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, 6608J, 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, 6608J,
Washington, DC 20460
Phone: 202 343-9445
Fax: 202 343-2304
Email: setlow.loren@epamail.epa.gov
RIN: 2060-AP26
118. 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, 6405J, Washington, DC
20460
Phone: 202 343-9258
Email: doyle.robert@epa.gov
RIN: 2060-AI03
119. 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
would 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 action would 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. The exemption would
be used for emergency uses only.
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:
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Spring 2009 Regulatory Agenda
63
EPA—Clean Air Act (CAA)
Long-Term Actions
www.epa.gov\ozone\mbr
Agency Contact: Marta Montoro,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 343-9321
Fax: 202 343-2338
Email: montoro.marta@epamail.epa.gov
Ross Brennan, Environmental
Protection Agency, Air and Radiation,
1200 Pennsylvania Avenue NW,
Washington, DC 20460
Phone: 202 343-9226
Email: brennan.ross@epamail.epa.gov
RIN: 2060-AL94
120. 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: This rule would amend
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 rule
would update parts of the regulation
concerning the technician certification
exam. The exam needs to reflect
developments in new refrigerants,
equipment, and technology over the
last 12 years. This rule would provide
specific requirements for programs
applying to become certifying
organizations, would specify reporting
and recordkeeping requirements in
order to enhance implementation of the
program, and would 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
Additional Information: SAN No. 4901
URL For More Information:
http://www.epa.gov/ozone/title6/608/
index.html
Agency Contact: Monica Shimamura,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202-343-9337
Fax: 202-343-2362
Email:
shimamura.monica@epamail.epa.gov
Julius Banks, Environmental Protection
Agency, Air and Radiation, 6205J,
Washington, DC 20460
Phone: 202 343-9870
Fax: 202 343-2338
Email: banks.julius@epamail.epa.gov
RIN: 2060-AM55
121. 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 would 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 requiring a warning statement for
all Class I and II containers and
products of Class I substances. A
warning statement would help
consumers choose products that do not
contain a Class II ODS which results
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: Undetermined
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, 6205J, Washington, DC
20460
Phone: 202-343-9337
Fax: 202-343-2362
Email:
shimamura.monica@epamail.epa.gov
Bella Maranion, Environmental
Protection Agency, Air and Radiation,
6205J, Washington, DC 20460
Phone: 202 343-9749
Fax: 202 343-2363
Email: maranion.bella@epa.gov
RIN: 2060-AO68
122. PROTECTION OF
STRATOSPHERIC OZONE: REVISION
TO LISTING OF CARBON DIOXIDE
TOTAL FLOODING FIRE
EXTINGUISHING SYSTEMS
RESTRICTING USE TO ONLY
UNOCCUPIED AREAS
Priority: Other Significant
Legal Authority: 42 USC 7414; 42 USC
7601; 42 USC 7671 to 7671q
CFR Citation: 40 CFR 82
Legal Deadline: None
Abstract: Section 612 of the Clean Air
Act requires EPA to identify
alternatives to Class I and II ozone-
depleting substances and to publish
lists of acceptable and unacceptable
substitutes. Producers of substitutes
must notify EPA at least 90 days before
alternatives are introduced into
interstate commerce. Substitutes which
are deemed by EPA to be unacceptable
or acceptable subject to use restrictions
must go through notice and comment
rulemaking. Substitute lists are updated
intermittently depending on the volume
of notifications. Independent of any
petitions or notifications received, EPA
may also initiate updates to the
substitute lists based on new data on
either additional substitutes or on
characteristics of substitutes previously
reviewed. Based on new information on
the continued and growing use of
carbon dioxide total flooding fire
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64
Spring 2009 Regulatory Agenda
EPA—Clean Air Act (CAA)
Long-Term Actions
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
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. 4991
URL For More Information:
http://www.epa.gov/ozone/snap
Agency Contact: Bella Maranion,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 343-9749
Fax: 202 343-2363
Email: maranion.bella@epa.gov
Jeff Cohen, Environmental Protection
Agency, Air and Radiation, 6205J,
Washington, DC 20460
Phone: 202 343-9005
Fax: 202 343-2363
Email: cohen.jeff@epa.gov
RIN: 2060-AN30
123. NESHAP: POLYVINYL CHLORIDE
AND COPOLYMERS PRODUCTION,
AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 4701 et seq
CFR Citation: 40 CFR 63.210 -217
Legal Deadline: None
Abstract: This action would develop
amended National Emission Standards
for Hazardous Air Pollutants (NESHAP)
for Polyvinyl Chloride and Copolymers.
These standards were proposed on
December 8, 2000 (65 FR 76958) and
originally promulgated on July 10, 2002
(67 FR 45886) but were vacated by the
D.C. Circuit on June 18, 2004 in
Mossville Environmental Action v.
EPA, 370 F.3d 1232 (D.C.Cir. 2004).
Timetable:
Timetable:
Action
Date
FR Cite
NPRM
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4988;
EPA Docket information: EPA-HQ-OAR-
2002-0037
Agency Contact: Jodi Howard,
Environmental Protection Agency, Air
and Radiation, E143-01, RTF, NC
27711
Phone: 919 541-1607
Fax: 919 541-0246
Email: howard.jodi@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-AN33
124. 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.
Action
Date
FR Cite
Direct Final Action 08/00/10
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, 6407, Ann Arbor, MI
48105
Phone: 734 214-4287
Email:
brunner. christine@ep amail. ep a.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
125. 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 09/00/10
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, 6407, Ann Arbor, MI
48105
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Spring 2009 Regulatory Agenda
65
EPA—Clean Air Act (CAA)
Long-Term Actions
Phone: 734 214-4287
Email:
brunner. christine@ep amail. ep a.gov
Patrice Simms, Environmental
Protection Agency, Air and Radiation,
2344, Washington, DC 20460
Phone: 202-564-1048
Email: simms.patrice@epamail.epa.gov
RIN: 2060-AK69
126. LIFTING THE STAY OF THE
EIGHT-HOUR PORTION OF THE
FINDINGS OF SIGNIFICANT
CONTRIBUTION AND RULEMAKING
FOR PURPOSES OF REDUCING
INTERSTATE OZONE TRANSPORT
("NOX SIP CALL")
Priority: Other Significant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 51.121
Legal Deadline: None
Abstract: In the Nitrogen Oxides State
Implementation Plan Call (NOx SIP
Call)(63 FR 57356, October 27, 1998),
EPA found that emissions of NOx from
22 States and the District of Columbia
(hereinafter referred to as '23 States')
significantly contribute to downwind
areas' nonattainment of the 1-hour
ozone NAAQS. EPA also separately
found that NOx emissions from the
same 23 States significantly contribute
to downwind nonattainment of the 8-
hour ozone NAAQS. Subsequently, the
U.S. Court of Appeals for the District
of Columbia Circuit (D.C. Circuit)
remanded the 8-hour ozone NAAQS.
[American Trucking Associations, Inc.
v. EPA, 175 F.3d 1027 on rehearing 195
F.3d 4 (D.C. Cir. 1999).] EPA stayed the
8-hour basis of the NOx SIP Call rule
on September 18, 2000 (65 FR 56245)
based on the uncertainty created by the
D.C. Circuit's decision. EPA has now
completed the actions necessary to
address the aforementioned remand,
and therefore is now conducting
rulemaking to lift the stay. EPA is
proposing to lift the stay of our findings
in the NOx SIP Call contained in 40
CFR sec 51.121(a)(2), related to the 8-
hour ozone national ambient air quality
standards (NAAQS). This action does
not create any new requirements; it
merely reinstitutes a requirement of the
NOx SIP Call that had previously been
stayed.
Timetable:
Action
Date
FR Cite
NPRM
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Local,
State
Additional Information: SAN No. 4797
Agency Contact: Carla Oldham,
Environmental Protection Agency, Air
and Radiation, Mail Code C539-04,
RTF, NC 27711
Phone: 919 541-3347
Fax: 919 541-5489
Email: oldham.carla@epamail.epa.gov
Rhea Jones, Environmental Protection
Agency, Air and Radiation, C539-04,
RTF, NC 27711
Phone: 919 541-2940
Fax: 919 541-5489
Email: jones.rhea@epamail.epa.gov
RIN: 2060-AL84
127. FLEXIBLE AIR PERMIT RULE
Priority: Substantive, Nonsignificant
Legal Authority: CAA title V, parts C
&D
CFR Citation: 40 CFR 70; 40 CFR 51
and 52
Legal Deadline: None
Abstract: This rule would promulgate
changes to the state and federal
operating permit regulations required
by title V of the Clean Air Act and
providing certain clarifying statements
regarding the existing regulations
governing minor and major New Source
Review (NSR) in order to facilitate
greater consideration of flexible air
permits (FAPs). The Agency believes
that these actions could potentially
affect a wide spectrum of sources types,
encompassing over 30 SICs.
A flexible air permit is an operating
permit issued by a state or local agency
through an EPA-approved title V permit
program that through its design
facilitates flexible operations at a
source, allowing the source to be
market-responsive while ensuring equal
or greater environmental protection
than that achieved by conventional
permits. FAPS cannot circumvent,
modify, or contravene any applicable
requirement and must assure
compliance with each requirement that
is applicable, or becomes applicable.
FAP approaches were developed in the
context of several state pilot projects
which were launched to address the
delay and uncertainty issues raised by
certain companies.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
09/12/07
To Be
72 FR 52206
Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 4885;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2007/September/Day-
12/al7418.htm; EPA Docket
information: EPA-HQ-OAR-2004-0087
Agency Contact: Mike Trutna,
Environmental Protection Agency, Air
and Radiation, C304-03, RTF, NC
27711
Phone: 919 541-5345
Fax: 919 541-4028
Email: trutna.mike@epa.gov
Anna Wood, Environmental Protection
Agency, Air and Radiation, 6103A,
Washington, DC 20004
Phone: 202 564-1664
RIN: 2060-AM45
128. 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: These amendments would
have addressed potential changes to
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. The
Agency is considering whether further
action on this proposal is appropriate.
Timetable:
Action
Date
FR Cite
NPRM 01/03/07 72FR69
NPRM; Extension of 03/05/07 72 FR 9718
Comment Period
Final Action To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
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66
Spring 2009 Regulatory Agenda
EPA—Clean Air Act (CAA)
Long-Term Actions
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, D205-02,
Research Triangle Park, NC 27711
Phone: 919 541-5060
Fax: 919 541-5600
Email: conner.lisa@epa.gov
RIN: 2060-AM75
129. 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). The National Wildlife
Federation (NWF) filed a petition for
review, raising several technical issues,
including the alleged failure of EPA to
establish emission standards for
mercury and asbestos. EPA took a
voluntarily remand of the mercury and
asbestos standards.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
06/00/10
06/00/11
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4929
Agency Contact: Conrad Chin,
Environmental Protection Agency, Air
and Radiation, D243-02, RTF, NC
27711
Phone: 919 541-1512
Email: chin.conrad@epamail.epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, D243-02,
RTF, NC 27709
Phone: 919 541-2837
Fax: 919 541-3207
Email: fruh.steve@epa.gov
RIN: 2060-AM87
130. 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
NESHAP regulation was promulgated
on October 8, 2003. EPA was
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. The
litigation stayed while the parties
discuss settlement.
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.
4866.1; Split from RIN 2060-AM30.;
EPA Docket information: EPA-HQ-OAR-
2002-0021
Agency Contact: Greg Nizich,
Environmental Protection Agency, Air
and Radiation, E143-01, RTF, NC
27711
Phone: 919 541-3078
Email: nizich.greg@epa.gov
Kent 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-AN36
131. 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 rulemaking would revise
the definition of the term "potential to
emit" (PTE) used in numerous
regulations to determine the
applicability of major source
requirements. The Agency is
considering whether further action is
warranted on this rulemaking.
Timetable:
Action
Date
FR Cite
NPRM To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Tribal
Additional Information: SAN No. 5025
Agency Contact: Grecia Castro,
Environmental Protection Agency, Air
and Radiation, C504-03, RTF, NC
27711
Phone: 919 541-1351
Fax: 919 541-5509
Email: castro.grecia@epamail.epa.gov
Lynn Hutchinson, Environmental
Protection Agency, Air and Radiation,
C504-03, RTF, NC 27711
Phone: 919 541-5795
Fax: 919 541-5509
Email:
hutchinson.lynn@epamail.epa.gov
RIN: 2060-AN65
132. 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
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Spring 2009 Regulatory Agenda
67
EPA—Clean Air Act (CAA)
Long-Term Actions
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 07/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5155
Agency Contact: Jason Dewees,
Environmental Protection Agency, Air
and Radiation, C304-02, RTF, NC
27711
Phone: 919 541-9724
Fax: 919 541-0516
Email: dewees.jason@epamail.epa.gov
Candace Sorrell, Environmental
Protection Agency, Air and Radiation,
E143-02, RTF, NC 27711
Phone: 919 541-1064
Fax: 919 541-0516
Email: sorrell.candace@epa.gov
RIN: 2060-AO50
133. 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
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5168
Agency Contact: Tina Ndoh,
Environmental Protection Agency, Air
and Radiation, D220J, Research
Triangle Park, NC 27711
Phone: 919 541-2750
Fax: 919 541-5600
Email: ndoh.tina@epa.gov
Lisa Conner, Environmental Protection
Agency, Air and Radiation, D205-02,
Research Triangle Park, NC 27711
Phone: 919 541-5060
Fax: 919 541-5600
Email: conner.lisa@epa.gov
RIN: 2060-AO60
134. PLYWOOD AND COMPOSITE
WOOD PRODUCTS (PCWP) NESHAP—
PROPOSED AND FINAL
AMENDMENTS TO ADDRESS "NO
EMISSION REDUCTION" MACT
FLOORS
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Legal Authority: CAA 112
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: The 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.
Among the issues to be addressed is
MACT floors that had no emission
reduction requirements. These
amendments will address that issue.
Timetable:
Action
Date
FR Cite
NPRM 08/00/11
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 5185
Agency Contact: Elizabeth Palma,
Environmental Protection Agency, Air
and Radiation, E143-03, RTF, NC
27711
Phone: 919 541-5432
Fax: 919 541-3470
Email: palma.elizabeth@epa.gov
Robin Dunkins, Environmental
Protection Agency, Air and Radiation,
E-143-03, RTF, NC 27711
Phone: 919 541-5335
Fax: 919 541-3470
Email: dunkins.robin@epa.gov
RIN: 2060-AO66
135. RISKTECHNOLOGY PHASE II
GROUP 2A
Priority: Other Significant
Legal Authority: CAA H2(f)(2); CAA
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: This action is the Risk and
Technology Review (RTR) Group 2A.
The following is a list of the standards
being reviewed in this group and the
statutory deadlines for their reviews:
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) (statutory requirement
9/5/2004); National Emission Standards
for Marine Vessel Loading Operations
(statutory requirement 9/19/2003);
National Emission Standards for
Hazardous Air Pollutants for Mineral
Wool Production(statutory requirement
6/1/2007); National Emission Standards
for Pharmaceuticals Production
(statutory requirement 9/21/2006); and
National Emission Standards for the
Printing and Publishing Industry
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68
Spring 2009 Regulatory Agenda
EPA—Clean Air Act (CAA)
Long-Term Actions
(statutory requirement 5/30/2004). This
action 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.
Timetable:
Action
Date
FR Cite
NPRM
NPRM, correction
notice
Final Action
10/10/08 73 FR 60432
10/24/08 73 FR 63420
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No.
5093.2; EPA publication information:
NPRM-
http://www.epa.gov/fedrgstr/EPA-
AIR/2008/October/Day-10/a23373.pdf;
Split from RDM 2060-AN85.; EPA
Docket information: EPA-HQ-OAR-
2008-0008
Agency Contact: Mary Kissell,
Environmental Protection Agency, Air
and Radiation, E143-01, Washington,
DC 20460
Phone: 919 541-4516
Fax: 919 685-3219
Email: kissell.mary@epa.gov
Ken Hustvedt, Environmental
Protection Agency, Air and Radiation,
1200 Pennsylvania Avenue NW, RTF,
NC 27711
Phone: 919 541-5395
Fax: 919 685-3200
Email: hustvedt.ken@epamail.epa.gov
RIN: 2060-AO91
136. RISK TECHNOLOGY PHASE II
GROUP 2B
Priority: Other Significant
Legal Authority: CAA H2(f)(2); CAA
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. The three MACT standards that
apply to the three RTR Group 2B
source categories and the associated
NAICS codes are listed below. The
statutory deadlines for their reviews are
also listed.
Aerospace Manufacturing and Rework
Facilities, 336411 (statutory
requirement 9/1/2003)
Natural Gas Transmission and Storage,
486210 (statutory requirement
6/17/2007)
Oil and Natural Gas Production, 211
(statutory requirement 6/17/2007).
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.
5093.3; Split from RIN 2060-AN85
Agency Contact: Mary Kissell,
Environmental Protection Agency, Air
and Radiation, E143-01, Washington,
DC 20460
Phone: 919 541-1516
Fax: 919 685-3219
Email: kissell.mary@epa.gov
Ken Hustvedt, Environmental
Protection Agency, Air and Radiation,
1200 Pennsylvania Avenue NW, RTF,
NC 27711
Phone: 919 541-5395
Fax: 919 685-3200
Email: hustvedt.ken@epamail.epa.gov
RIN: 2060-AO92
137. RISK AND TECHNOLOGY
REVIEW PHASE II GROUP 3
Priority: Other Significant
Legal Authority: CAA H2(f); CAA
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: Under the "technology
review" provision of CAA section 112,
EPA is required to review maximum
achievable control technology (MACT)
standards and to revise them "as
necessary (taking into account
developments in practices, processes
and control technologies)" no less
frequently than every 8 years. Under
the "residual risk" provision of CAA
section 112, EPA must evaluate the
MACT standards within 8 years after
promulgation and promulgate standards
if required to provide an ample margin
of safety to protect public health or
prevent an adverse environmental
effect. EPA has combined the remaining
MACT source categories requiring
residual risk and technology reviews
into several groups of "risk and
technology" (RTR) reviews. This action
focuses on RTR Group 3 which consists
of 19 MACT standards (covering 21
source categories) with MACT
compliance dates of 2003 and earlier.
Timetable:
Action
Date FR Cite
ANPRM
To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: None
Additional Information: SAN No. 5196
Agency Contact: Paula Hirtz,
Environmental Protection Agency, Air
and Radiation, E143-01, RTF, NC
27711
Phone: 919 541-2618
Fax: 919 541-0246
Email: hirtz.paula@epa.gov
Ken Hustvedt, Environmental
Protection Agency, Air and Radiation,
1200 Pennsylvania Avenue NW, RTF,
NC 27711
Phone: 919 541-5395
Fax: 919 685-3200
Email: hustvedt.ken@epamail.epa.gov
RIN: 2060-AO97
138. 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: Substantive, Nonsignificant
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 takes final
action to revise 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. In
response to that vacatur, EPA proposed
to treat precursor emissions in a way
that is consistent with the analogous
provisions in the PM2.5
implementation rule (72 FR 20636),
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Spring 2009 Regulatory Agenda
69
EPA—Clean Air Act (CAA)
Long-Term Actions
such that if the state justifies
consideration of precursor emissions
for an area outside the nonattainment
area, EPA will expect state RFP
assessments to reflect emissions
changes from all sources in this area.
Timetable:
Action
Date FR Cite
NPRM
NPRM Comment
Period End
Final Action
07/21/08 73 FR 42294
08/20/08
To Be Determined
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, RTF, NC
27711
Phone: 919 541-5550
Fax: 919 541-0824
Email: gerth.denise@epamail.epa.gov
John Silvasi, Environmental Protection
Agency, Air and Radiation, C539-01,
Research Triangle Park, NC 27711
Phone: 919 541-5666
Fax: 919 541-0824
Email: silvasi.john@epamail.epa.gov
RIN: 2060-AP10
139. GREENHOUSE GASES UNDER
THE CLEAN AIR ACT
Priority: Other Significant
Legal Authority: CAA
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: On July 30, 2008, the
Advanced Notice of Proposed
Rulemaking for Greenhouse Gases
under the Clean Air Act was published
in the Federal Register. This advanced
notice solicited public input as EPA
considers the 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 sources beyond
cars and trucks. In this advance notice,
EPA presented and requested 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 also
sought 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
also raised potential issues in the New
Source Review program, including
greenhouse gas thresholds and whether
permitting authorities might need to
define best available control
technologies.
Timetable:
Action
Date FR Cite
ANPRM
ANPRM Comment
Period End
NPRM
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
140. NESHAP: GASOLINE
DISTRIBUTION; AMENDMENTS-
AREA SOURCE STANDARD
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
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 area
source bulk terminals, bulk plants,
pipeline facilities, and gasoline
dispensing facilities. Subsequently, we
received two petitions for
reconsideration from industry to clarify
some applicability and implementation
provisions of the final rule. This action
would propose and promulgate
amendments to address the issues
raised by the petitioners as well as
compliance-related questions raised by
other stakeholders.
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. 5260;
EPA Docket information: EPA-HQ-OAR-
2006-0406
Agency Contact: Steve Shedd,
Environmental Protection Agency, Air
and Radiation, RTF, NC 27711
Phone: 919 541-5397
Fax: 919 685-3195
Email: shedd.steve@epamail.epa.gov
Ken Hustvedt, Environmental
Protection Agency, Air and Radiation,
1200 Pennsylvania Avenue NW, RTF,
NC 27711
Phone: 919 541-5395
Fax: 919 685-3200
Email: hustvedt.ken@epamail.epa.gov
RIN: 2060-AP16
141. RESPONSE TO SECTION 126
PETITION FROM WARRICK COUNTY,
INDIANA AND THE TOWN OF
NEWBURGH, INDIANA
Priority: Info./Admin./Other
Legal Authority: CAA 126
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70
Spring 2009 Regulatory Agenda
EPA—Clean Air Act (CAA)
Long-Term Actions
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: Organizations
Government Levels Affected: None
Additional Information: SAN No. 5268
Agency Contact: Carla Oldham,
Environmental Protection Agency, Air
and Radiation, Mail Code C539-04,
RTF, NC 27711
Phone: 919 541-3347
Fax: 919 541-5489
Email: oldham.carla@epamail.epa.gov
Rhea Jones, Environmental Protection
Agency, Air and Radiation, C539-04,
RTF, NC 27711
Phone: 919 541-2940
Fax: 919 541-5489
Email: jones.rhea@epamail.epa.gov
RIN: 2060-AP21
142. • REVIEW OF THE NATIONAL
AMBIENT AIR QUALITY STANDARDS
FOR OZONE
Priority: Economically Significant.
Major under 5 USC 801.
Unfunded Mandates: Undetermined
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: NPRM, Statutory, June
12, 2012, this is based on the
requirement in the Act that EPA review
air quality criteria and NAAQS every
5 years.
Final, Statutory, March 12, 2013, this
is based on the requirement in the Act
that EPA review air quality criteria and
NAAQS every 5 years.
Abstract: Under the Clean Air Act
Amendments of 1977, EPA is required
to review and, if appropriate, revise the
air quality criteria for the primary
(health-based) and secondary (welfare-
based) national ambient air quality
standards (NAAQS) every 5 years. On
March 23, 2008, the EPA published a
final rule to revise the primary and
secondary NAAQS for ozone to provide
increased protection of public health
and welfare. With regard to the primary
standard for ozone, EPA revised the
level of the 8-hour ozone standard to
0.075 ppm. With regard to the
secondary ozone standard, EPA made
it identical in all respects to the
primary ozone standard, as revised.
Petitions for review were filed in the
D.C. Circuit Court of Appeals and EPA
officials are currently in the process of
reviewing the March 2008 Ozone
NAAQS Rule to determine whether the
standards established in the Ozone
NAAQS Rule should be maintained,
modified or otherwise reconsidered.
EPA has also initiated the next 5-year
review of the ozone NAAQS. The
review began in October 2008 with a
workshop to discuss key policy-
relevant issues around which EPA
would structure the review. The
workshop discussions provide
important input as OAR and ORD
consider the appropriate design and
scope of the major elements of the
review: 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. 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. The
Administrator will propose to retain or
revise the ozone NAAQS, as
appropriate, taking into consideration
CASAC and public comment. 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
NPRM
Final Action
06/00/12
03/00/13
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Energy Effects: Statement of Energy
Effects planned as required by
Executive Order 13211.
Additional Information: SAN No. 5306;
EPA Docket information: EPA-HQ-OAR-
2008-0699
Agency Contact: Dave Mckee,
Environmental Protection Agency, Air
and Radiation, C 504-06, Durham, NC
27711
Phone: 919 541-5288
Fax: 919 541-0237
Email: mckee.dave@epa.gov
Karen Martin, Environmental Protection
Agency, Air and Radiation, C 504-06,
Durham, NC 27711
Phone: 919 541-5274
Fax: 919 541-0237
Email: martin.karen@epa.gov
RIN: 2060-AP38
143. • STAY OF CAIR AND CAIR FIP
FOR MINNESOTA
Priority: Info./Admin./Other
Legal Authority: 23 USC 101; 42 USC
7401 to 7671q
CFR Citation: 40 CFR 51 and 52
Legal Deadline: None
Abstract: In this action, EPA is
proposing to stay the effectiveness, for
the State of Minnesota only, of two
final rules we issued under section 110
of the Clean Air Act (CAA) related to
the interstate transport of pollutants: (1)
the May 12, 2005 Clean Air Interstate
Rule (CAIR) and (2) the April 28, 2006
backstop CAIR federal implementation
plan (FIP). The D.C. Circuit held that
EPA, in CAIR and the CAIR FIP, had
not properly addressed possible errors
in ECU emissions for certain EGUs in
Minnesota, and EPA's stated intention
to stay the effectiveness of the rules for
the State of Minnesota was presented
to the D.C. Circuit before it decided to
remand rather than vacate the rule.
EPA is proposing to stay the
effectiveness of these two rules with
respect to sources in Minnesota only,
while EPA examines the possible errors
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Spring 2009 Regulatory Agenda
71
EPA—Clean Air Act (CAA)
Long-Term Actions
identified by the court and their
potential impact on the inclusion of
Minnesota in CAIR.
Timetable:
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. 5323;
EPA Docket information: EPA-HQ-OAR-
2009-0021
Agency Contact: Tim Smith,
Environmental Protection Agency, Air
and Radiation, C539-04, RTF, NC
27711
Phone: 919 541-4718
Fax: 919 541-5489
Email: smith.tim@epamail.epa.gov
Rhea Jones, Environmental Protection
Agency, Air and Radiation, C539-04,
RTF, NC 27711
Phone: 919 541-2940
Fax: 919 541-5489
Email: jones.rhea@epamail.epa.gov
RIN: 2060-AP46
144. • CLEAN AIR INTERSTATE RULE
(CAIR) REPLACEMENT RULE
Priority: Other Significant
Legal Authority: CAA title I
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: On May 12, 2005, the
Environmental Protection Agency (EPA)
promulgated the Clean Air Interstate
Rule, commonly known as CAIR (70 FR
25162). CAIR used a cap and trade
approach to reduce sulfur dioxide
(SO2) and nitrogen oxides (NOx)
emissions.
On July 11, 2008, the D.C. Circuit
issued an opinion finding CAIR
unlawful and vacating the rule. On
December 23, the D.C. Circuit issued
a decision on the petitions for rehearing
of the July 11 decision. The court
granted EPA's petition for rehearing to
the extent that it remanded the cases
without vacatur of CAIR. This ruling
means that the CAIR rule remains in
place, but that EPA is also obligated
to promulgate another rule under
110(a)(2)(D) consistent with the court's
July 11 opinion. This rulemaking is to
fulfill our obligation to develop a rule
consistent with the court decision.
Action
Date
FR Cite
NPRM 05/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5336
Agency Contact: Tim Smith,
Environmental Protection Agency, Air
and Radiation, C539-04, RTF, NC
27711
Phone: 919 541-1718
Fax: 919 541-5489
Email: smith.tim@epamail.epa.gov
Rhea Jones, Environmental Protection
Agency, Air and Radiation, C539-04,
RTF, NC 27711
Phone: 919 541-2940
Fax: 919 541-5489
Email: jones.rhea@epamail.epa.gov
RIN: 2060-APS0
145. • RESPONSE TO SECTION 126
PETITION FROM NORTH CAROLINA
Priority: Substantive, Nonsignificant
Unfunded Mandates: Undetermined
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: EPA is reconsidering its
decision to deny the petition submitted
by the State of North Carolina to EPA
pursuant to section 126 of the Clean
Air Act (CAA).
On March 18, 2004, North Carolina
submitted a petition to EPA, under
section 126 of the CAA, alleging that
upwind major sources of PM and ozone
precursors were contributing
significantly to North Carolina's ability
to attain or maintain the PM and ozone
NAAQS. In 2006, EPA denied North
Carolina's petition when we issued the
CAIR FIP rule. After the D.C. Circuit
remanded the CAIR rule, the legal basis
for denying the PM part of North
Carolina's petition no longer exists. In
addition, facts have changed
fundamentally regarding the ozone part
of the petition. On March 5, 2009 the
D.C. Circuit granted our motion for
voluntary remand of our decision to
deny North Carolina's petition.
Timetable:
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5347
Agency Contact: Tim Smith,
Environmental Protection Agency, Air
and Radiation, C539-04, RTF, NC
27711
Phone: 919 541-4718
Fax: 919 541-5489
Email: smith.tim@epamail.epa.gov
Rhea Jones, Environmental Protection
Agency, Air and Radiation, C539-04,
RTF, NC 27711
Phone: 919 541-2940
Fax: 919 541-5489
Email: jones.rhea@epamail.epa.gov
RIN: 2060-AP51
146. • NATIONAL EMISSION
STANDARDS FOR HAZARDOUS AIR
POLLUTANTS FOR COAL- AND
OIL-FIRED ELECTRIC UTILITY STEAM
GENERATING UNITS
Priority: Economically Significant.
Major under 5 USC 801.
Unfunded Mandates: This action may
affect the private sector under PL 104-
4.
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: As a result of the vacatur of
the Clean Air Mercury Rule, EPA will
be reverting to the December 2000
regulatory determination that added
coal- and oil-fired electric utility steam
generating units to the list of sources
that must be regulated under section
112 of the Clean Air Act. The Agency
will develop a Maximum Achievable
Control Technology (MACT) standard
which will reduce hazardous air
pollutant (HAP) emissions from this
source category. Recent Court decisions
on other MACT rules will be
considered in developing this
regulation.
Timetable:
Action
Date FR Cite
Action
Date
FR Cite
NPRM
To Be Determined
NPRM To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: None
Federalism: Undetermined
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72
Spring 2009 Regulatory Agenda
EPA—Clean Air Act (CAA)
Long-Term Actions
Additional Information: SAN No. 5349
Agency Contact: Bill Maxwell,
Environmental Protection Agency, Air
and Radiation, D243-01, RTF, NC
27711
Phone: 919 541-5430
Fax: 919 541-5450
Email: maxwell.bill@epamail.epa.gov
Robert J. Wayland, Environmental
Protection Agency, Air and Radiation,
D243-01, RTF, NC 27711
Phone: 919 541-1045
Fax: 919 541-5450
Email:
wayland.robertj@epamail.epa.gov
RIN: 2060-AP52
147. • 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 3/22/07) 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. The proposed
rule would provide those revised
schedules associated with the last
ozone NAAQS revision, which was
promulgated on March 27, 2008 (73 FR
16436).
Timetable:
Action
Date
FR Cite
NPRM
Direct Final Rule
Direct Final Rule
Correcting
Amendments
Direct Final Rule
Withdrawal
Final Decision
10/06/08 73 FR 58080
10/06/08 73 FR 58042
11/21/08 73 FR 70597
12/16/08 73 FR 76219
06/00/10
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: None
Additional Information: SAN 5283;
Docket ID iEPA-HQ-OAR-2005-0159;
NPRM-
http://www.epa.gov/fedrgstr/EPA-
AIR/2008/October/Day-06/a23524.pdf,
Direct Final Rule -
http://www.epa.gov/fedrgstr/EPA-
AIR/2008/October/Day-06/a23520.pdf,
Correcting Amendments -
http://www.epa.gov/fedrgstr/EPA-
AIR/2008/November/Day-
2l7a27741.pdf, Direct Final Rule
Withdrawal -
http://www.epa.gov/fedrgstr/EPA-
AIR/2008/December/Day-16/a29747.pdf
Agency Contact: Tom Link,
Environmental Protection Agency, Air
and Radiation, Mail Code C539-04,
RTF, NC 27711
Phone: 919 541-5456
Fax: 919 541-5489
Email: link.tom@epamail.epa.gov
Carla Oldham, Environmental
Protection Agency, Air and Radiation,
Mail Code C539-04, RTF, NC 27711
Phone: 919 541-3347
Fax: 919 541-5489
Email: oldham.carla@epamail.epa.gov
Related RIN: Previously reported as
2060-AP28
RIN: 2060-AP56
Environmental Protection Agency (EPA)
Clean Air Act (CAA)
Completed Actions
148. NESHAP: NATIONAL EMISSION
STANDARD FOR HAZARDOUS AIR
POLLUTANTS: STANDARDS FOR
HAZARDOUS WASTE COMBUSTORS;
PM STANDARDS AMENDMENTS
(WITHDRAWN)
Priority: Other Significant
Legal Authority: 42 USC 7412; 42 USC
7414
CFR Citation: 40 CFR 63 (Revision)
Legal Deadline: None
Abstract: The October 28, 2008 rule (73
FR at 64090 in section entitled
"Clarification of the PM Standard for
Cement Kilns") provided clarification
to assess compliance with the
particulate matter standards when a
source elects to combine these exhaust
streams, therefore this rulemaking has
been withdrawn.
Timetable:
Action
Date FR Cite
Withdrawn
02/24/09
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. ep a. 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
Jesse 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
149. CLEAN AIR MERCURY RULE:
FEDERAL PLAN
Priority: Other Significant
Legal Authority: CAA sec ill
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: On December 22, 2006 EPA
proposed a Federal Plan to implement
the requirements of the Clean Air
Mercury Rule (CAMR) for any States
that did not have a timely, approved
State Plan, as well as certain Tribes.
On February 8, 2008, the U.S. Court
of Appeals for the DC Circuit vacated
CAMR. As a result, CAMR is no longer
in effect. We are therefore withdrawing
this Federal Plan from the Regulatory
Agenda.
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Spring 2009 Regulatory Agenda
73
EPA—Clean Air Act (CAA)
Completed Actions
Timetable:
Timetable:
Action
Date FR Cite
Action
Date FR Cite
NPRM
Withdrawn
12/22/06 71 FR 77099
02/27/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Local,
State, Tribal
Energy Effects: Statement of Energy
Effects planned as required by
Executive Order 13211.
Additional Information: SAN No. 5094;
EPA publication information: NPRM -
http://epa.gov/EPA-
AIR/2006/December/Day-
22/a21573.htm; EPA Docket
information: EPA-HQ-OAR-2006-0905
Agency Contact: Erich Eschmann,
Environmental Protection Agency, Air
and Radiation, 6204J, Washington, DC
20460
Phone: 202 343-9128
Fax: 202 343-2359
Email:
eschmann.erich@epamail.epa.gov
Meg Victor, Environmental Protection
Agency, Air and Radiation, 6204J,
Washington, DC 20460
Phone: 202 343-9193
Email: victor.meg@epamail.epa.gov
RIN: 2060-AN98
150. PREVENTION OF SIGNIFICANT
DETERIORATION AND
NONATTAINMENT NEW SOURCE
REVIEW: EMISSION INCREASES FOR
ELECTRIC GENERATING UNITS
Priority: Other Significant
Legal Authority: CAA title I parts C
and D and sec lll(a)(4)
CFR Citation: 40 CFR 51 and 52
Legal Deadline: None
Abstract: This rulemaking activity,
which is being withdrawn, would have
established a new hourly emissions test
for existing electric generating units
(EGUs) that are subject to the
regulations governing the Prevention of
Significant Deterioration (PSD) and
nonattainment major New Source
Review (NSR) programs mandated by
parts C and D of title I of the Clean
Air Act (CAA). The existing emissions
test compares baseline actual emissions
to projected actual emissions on an
annual basis.
NPRM
Supplemental NPRM
Notice of Public
Hearing
Withdrawn
10/20/05 70 FR 61081
05/08/07 72 FR 26202
06/07/07 72 FR 31491
03/05/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No.
4794.2; EPA publication information:
NPRM -
http ://www. epa.gov/fedrgstr/EPA-
AIR/2005/October/Day-20/a20983.htm;
Split from RIN 2060-AM95; EPA Docket
information: EPA-HQ-OAR-2005-0163
URL For More Information:
wr\vwf.epa.gov/nsr
Agency Contact: Lisa Sutton,
Environmental Protection Agency, Air
and Radiation, C339-03, RTF, NC
27711
Phone: 919 541-3450
Fax: 919 541-5509
Email: sutton.lisa@epa.gov
Dave Svendsgaard, Environmental
Protection Agency, Air and Radiation,
C339-03, RTF, NC 27711
Phone: 919 541-2380
Fax: 919 685-3105
Email: svendsgaard.dave@epa.gov
RIN: 2060-AN28
151. AMENDMENTS TO METHOD 24
(WATER-BASED COATINGS)
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7410
CFR Citation: 40 CFR 60
Legal Deadline: None
Abstract: The determination of volatile
organic compounds (VOCs) content of
a surface coating by reference Method
24 involves determination of its water
content and calculation of its VOC
content as the difference of the two
measurements (volatile content minus
water content). Method 24 is inherently
less precise for water-based coatings
than it is for solvent-based coatings and
the imprecision increases as water
content increases. This action will
amend Method 24 by adding a direct
measurement procedure for measuring
VOC content of water-based coatings,
thereby improving the method's
precision.
Timetable:
Action
Date
FR Cite
Withdrawn 02/25/09
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, RTF, NC
27711
Phone: 919 541-1064
Fax: 919 541-0516
Email: sorrell.candace@epa.gov
Conniesue Oldham, Environmental
Protection Agency, Air and Radiation,
E143-02, RTF, NC 27711
Phone: 919 541-7774
Fax: 919 541-0516
Email: oldham.conniesue@epa.gov
RIN: 2060-AF72
152. REVIEW OF THE NATIONAL
AMBIENT AIR QUALITY STANDARDS
FOR LEAD
Priority: Economically Significant.
Major under 5 USC 801.
Legal Authority: 42 USC 7408; 42 USC
7409
CFR Citation: 40 CFR 50
Legal Deadline: NPRM, Judicial, May
1, 2008, As per 5/14/2005 order.
Final, Judicial, 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 |ig/m3 as a quarterly
average (maximum arithmetic mean
averaged over a calendar quarter).
Subsequent to this initial standard-
setting, the Clean Air Act requires that
the standard be reviewed periodically.
The last such review occurred during
the period 1986-1990. 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
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74
Spring 2009 Regulatory Agenda
EPA—Clean Air Act (CAA)
Completed Actions
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
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 was considered in the
Administrator's final decision which
was published on November 12, 2008.
Timetable:
Action
ANPRM
NPRM
Final Action
Final Action;
Date FR Cite
12/17/07 72 FR 71 488
05/20/08 73 FR 29 184
11/12/08 73 FR 66964
12/19/08 73 FR 7751 7
Correction
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, C 504-06,
Durham, NC 27711
Phone: 919 541-5274
Fax: 919 541-0237
Email: martin.karen@epa.gov
RIN: 2060-AN83
153. 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
03/25/09 74 FR 12575
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No. 4119;
EPA publication information: NPRM -
http ://www. epa.gov/fedrgstr/EPA-
AIR/2005/August/Day-08/al5330.htm;
This rule was mistakenly listed as
Completed in the Spring 2006
Regulatory Agenda under RDM 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, E143-02, Washington,
DC 20460
Phone: 919 541-1063
Fax: 919 541-0516
Email: curtis.foston@epamail.epa.gov
Conniesue Oldham, Environmental
Protection Agency, Air and Radiation,
E143-02, RTF, NC 27711
Phone: 919 541-7774
Fax: 919 541-0516
Email: oldham.conniesue@epa.gov
RIN: 2060-AO74
154. SECTION 126 RULE
WITHDRAWAL PROVISION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7426
CFR Citation: 40 CFR 52
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 addressed
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. This
potential overlap problem is now moot,
since the NOx Budget Program and
potentially duplicative Section 126
Rule requirements were superseded by
the Clean Air Interstate Rule (CAIR) in
2005. Although the D.C. Circuit has
remanded the CAIR rule, it remains in
effect at this time, and EPA is currently
engaged in responding to that remand.
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75
EPA—Clean Air Act (CAA)
Completed Actions
Timetable:
Action
Date FR Cite
NPRM
Withdrawn
04/04/03 68 FR 16644
03/24/09
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, Mail Code C539-04,
RTF, NC 27711
Phone: 919 541-3347
Fax: 919 541-5489
Email: oldham.carla@epamail.epa.gov
Doug Grano, Environmental Protection
Agency, Air and Radiation, C539-02,
Research Triangle Park, NC 27711
Phone: 919 541-3292
Fax: 919 541-0824
Email: grano.doug@epamail.epa.gov
RIN: 2060-AK41
155. PREVENTION OF SIGNIFICANT
DETERIORATION (PSD) AND
NONATTAINMENT NEW SOURCE
REVIEW (NSR): ROUTINE
MAINTENANCE, REPAIR AND
REPLACEMENT (RMRR);
MAINTENANCE AND REPAIR
AMENDMENTS
Priority: Other Significant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 51.165; 40 CFR
51.166.; 40 CFR 52.21
Legal Deadline: None
Abstract: This rulemaking activity,
which is being withdrawn prior to
initiation of internal work effort, would
have followed up the "Prevention of
Significant Deterioration (PSD) and
Nonattainment New Source Review
(NSR): Routine Maintenance, Repair
and Replacement" rulemaking (RIN
2060-AK28), which specified categories
of equipment replacement activities
that would qualify as "routine
maintenance, repair, and replacement"
(RMRR) under the Clean Air Act's NSR
Program (40 CFR parts 51 and 52). That
final action—referred to as the
"equipment replacement provision"
(ERP)—was promulgated in the Federal
Register on 10/27/03 (68 FR 61248), but
was then vacated by the court. This
action was originally intended to
establish a regulatory definition for
maintenance and repair activities (that
are not equipment replacements) that
qualify for the RMRR Exclusion from
Major NSR.
Timetable:
Action
Date
FR Cite
Withdrawn
03/05/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No.
4676.3; Split from RIN 2060-AK28
Agency Contact: David Painter,
Environmental Protection Agency, Air
and Radiation, C339-03, Washington,
DC 20460
Phone: 919 541-5515
Fax: 919 541-5509
Email: painter.david@epa.gov
Dave Svendsgaard, Environmental
Protection Agency, Air and Radiation,
C339-03, RTF, NC 27711
Phone: 919 541-2380
Fax: 919 685-3105
Email: svendsgaard.dave@epa.gov
RIN: 2060-AM62
156. 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: EPA is withdrawing
"Protection of Stratospheric Ozone:
Adjusting Allowances for Class I
Substances for Export to Article 5
Countries." The proposed rule was
developed to address concerns that
there could be insufficient amounts of
chlorofluorocarbons (CFCs)—potent
ozone depleting substances—available
to meet basic domestic needs in
developing countries during their
transition to substitutes with less
overall environmental risk. However,
because 2009 is the final year before
the developing countries phase out CFC
consumption, EPA no longer believes
it is necessary to modify our existing
regulations to increase the amount of
CFCs available for export.
Timetable:
Action
Date FR Cite
NPRM
Withdrawn
08/23/06 71 FR 49395
04/22/09
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/2 006/August/Day-2 3/al 3951 .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, 6205J, 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
157. 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 provided 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 reduces
the administrative burden of anyone
petitioning to import aircraft fire
extinguishing spherical pressure vessels
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76
Spring 2009 Regulatory Agenda
EPA—Clean Air Act (CAA)
Completed Actions
containing halon-1301 ("halon bottles")
for hydrostatic testing in the United
States. The rule requires importers to
adhere to all import petitioning
requirements but requires one petition
to be submitted annually for all
shipments rather than submission of a
petition for each individual shipment
forty working days prior to export.
Halon bottles are individual bottles
containing halon-1301 that are
connected to a larger fire suppression
system within an aircraft. The halon
bottles are brought into the United
States for hydrostatic testing in which
the halon is removed, the bottles are
tested to ensure durability and
effectiveness, and the same amount or
more of halon is replaced back in the
bottles and exported once again. The
halon bottles must be routinely tested
under Federal Aviation Administration
and United States Department of
Transportation regulations. The
exemption to minimize the import
petitioning requirements was 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
03/10/09 74 FR 10182
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:
http://www.epa.gov/ozone/title6/608/
halons/index.html
Agency Contact: Bella Maranion,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 343-9749
Fax: 202 343-2363
Email: maranion.bella@epa.gov
RIN: 2060-AM46
158. TRANSPORTATION CONFORMITY
RULE AMENDMENT: CLARIFICATION
OF TRADING PROVISIONS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 to 7671
"CAA 176(c)"
CFR Citation: 40 CFR 51; 40 CFR 93
Legal Deadline: None
Abstract: The transportation
conformity rule, promulgated in
November 1993, ensures that
transportation and air quality planning
are consistent with Clean Air Act air
quality standards. EPA intended to
revise this rule to address issues
regarding quantification of emissions
reductions that can be traded among
parties and how such trading should
occur. The Agency now believes this
action is no longer necessary because
the existing 1993 rule can
accommodate issues related to
emissions trading.
Timetable:
Action
Date
FR Cite
Withdrawn 02/09/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
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
159. 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 addressed
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. This
potential overlap problem is now moot,
since the NOx Budget Program and
potentially duplicative Section 126
Rule requirements were superseded by
the Clean Air Interstate Rule (CAIR) in
2005. Although the D.C. Circuit has
remanded the CAIR rule, it remains in
effect at this time, and EPA is currently
engaged in responding to that remand.
Timetable:
Action
Date
FR Cite
Withdrawn 03/19/09
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, Mail Code C539-04,
RTF, NC 27711
Phone: 919 541-3347
Fax: 919 541-5489
Email: oldham.carla@epamail.epa.gov
Doug Grano, Environmental Protection
Agency, Air and Radiation, C539-02,
Research Triangle Park, NC 27711
Phone: 919 541-3292
Fax: 919 541-0824
Email: grano.doug@epamail.epa.gov
RIN: 2060-AL83
160. CONTROL OF EMISSIONS OF AIR
POLLUTION FROM NEW MOTOR
VEHICLES: ON-BOARD DIAGNOSTIC
REQUIREMENTS FOR HEAVY-DUTY
ENGINES AND VEHICLES ABOVE
14,000 LBS & 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: In this action, EPA
established On-Board Diagnostic (OBD)
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Spring 2009 Regulatory Agenda
77
EPA—Clean Air Act (CAA)
Completed Actions
requirements for Heavy-Duty On-
Highway and Non-Road vehicles and
engines greater than 14,000 pounds
gross vehicle weight. This action also
requires 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 01/24/07 72 FR 3200
Extension of comment 03/22/07 72 FR 13458
period
Final Action 02/24/09 74 FR 8310
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: 734 214-4405
Email: sherwood.todd@epamail.epa.gov
Holly Pugliese, Environmental
Protection Agency, Air and Radiation,
AAIO, Ann Arbor, MI 48105
Phone: 734 214-4288
Email: pugliese.holly@epa.gov
RIN: 2060-AL92
161. 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: None
Abstract: This rule amended existing
regulations controlling emissions of
volatile organic compounds (VOC) and
hazardous air pollutants (HAP) under
the Clean Air Act. These regulations are
codified at 40 CFR Part 60, 61, 63, and
65. These regulations require periodic
leak detection and repair (LDAR) of
pumps, valves, and connectors. The
previously existing rule required 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 has been
developed which can detect leaks at
reduced costs because of the ability to
monitor multiple components at one
time. This rule amended the existing
regulations to enable the plant
operators to use the new technology.
Timetable:
Action
NPRM
NPRM Comment
Period Extended
Final Action
Date FR Cite
04/06/06 71 FR 17401
06/07/06 71 FR 32885
12/22/08 73 FR 781 99
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: Jodi Howard,
Environmental Protection Agency, Air
and Radiation, E143-01, RTF, NC
27711
Phone: 919 541-1607
Fax: 919 541-0246
Email: howard.jodi@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-AL98
162. NESHAP: AREA SOURCE
STANDARDS—PLATING AND
POLISHING
Priority: Substantive, Nonsignificant
Legal Authority: CAA sec 112
CFR Citation: 40 CFR 63
Legal Deadline: Final, Judicial, June
15, 2008, One often area source
category standards to be promulgated
by 6/15/2008 as per 3/31/2006 order.
Abstract: Section 112 of the Clean Air
Act (CAA) outlines the statutory
requirements for the EPA's stationary
source air toxics program. Section
112 (k) requires the development of
standards for area sources which
account for 90% of the emissions in
urban areas of the 33 urban hazardous
air pollutants (HAP) listed in the
Integrated Urban Air Toxics Strategy.
These area source standards can require
control levels which are equivalent to
either maximum achievable control
technology (MACT) or generally
available control technology (GACT), as
defined in section 112. The Integrated
Urban Air Toxics Strategy lists plating
and polishing as an area source
category.
Timetable:
Action
Date FR Cite
NPRM
NPRM Comment
Period End
Final Action
03/14/08 73 FR 14125
04/14/08
07/01/08 73 FR 37728
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
and Radiation, D243-02, RTF, NC
27709
Phone: 919 541-5251
Fax: 919 541-3207
Email: jones.donnalee@epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, D243-02,
RTF, NC 27709
Phone: 919 541-2837
Fax: 919 541-3207
Email: fruh.steve@epa.gov
RIN: 2060-AM37
163. IDENTIFYING POTENTIALLY
INADEQUATE MONITORING IN CLEAN
AIR ACT APPLICABLE
REQUIREMENTS AND METHODS TO
IMPROVE SUCH MONITORING
Priority: Other Significant
Legal Authority: 42 USC 7401 et seq
CFR Citation: 40 CFR 60 and 61
Legal Deadline: None
Abstract: EPA is considering
improvements to existing emissions
monitoring provisions in Federal
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78
Spring 2009 Regulatory Agenda
EPA—Clean Air Act (CAA)
Completed Actions
standards and State Implementation
Plan rules. In particular, in this
ANPRM, EPA requested comments on
existing monitoring requirements in
NSPS under 40 CFR part 60 and
NESHAP under 40 CFR part 61 that
were promulgated prior to the 1990
Amendments to the Act. This ANPRM
was published in order to seek public
comment suggesting specific ways to
improve such monitoring. Comments
received will enable EPA to better
evaluate whether and where inadequate
monitoring exists and to determine how
to craft any necessary improvements.
No further action will be taken under
this entry. Any further action will be
listed as a separate rulemaking.
Timetable:
Action
Date FR Cite
ANPRM
Withdrawn
02/16/05 70 FR 7905
03/23/09
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 RDM 2060-AK29; EPA Docket
information: EPA-HQ-OAR-2003-0180
Agency Contact: Tom Driscoll,
Environmental Protection Agency, Air
and Radiation, D243-05, RTF, NC
27711
Phone: 919 541-3195
Fax: 919 541-5509
Email: driscoll.tom@epamail.epa.gov
Barrett Parker, Environmental
Protection Agency, Air and Radiation,
D243-05, RTF, NC 27711
Phone: 919 541-5635
Fax: 919 541-1039
Email: parker.barrett@epa.gov
RIN: 2060-AM63
164. 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. This rule
finalizes EPA's reconsideration of this
issue arising from our final rules of
December 31, 2002. EPA is currently
considering a February 17, 2009
petition for reconsideration from the
Natural Resources Defense Council.
Timetable:
Action
Date FR Cite
NPRM
Final Action
11/13/07 72 FR 63850
12/19/08 73 FR 77882
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/2007/November/Day-
13/a22131.htm; EPA Docket
information: EPA-HQ-OAR-2004-0014
Agency Contact: Joseph Mangino,
Environmental Protection Agency, Air
and Radiation, C339-03, RTF, NC
27711
Phone: 919-541-9778
Fax: 919-541-4028
Email:
mangino.joseph@epamail.epa.gov
Juan Santiago, Environmental
Protection Agency, Air and Radiation,
C5 04-05, Research Triangle Park, NC
27711
Phone: 919 541-1084
Fax: 919 541-5509
Email: santiago.juan@epa.gov
RIN: 2060-AM91
165. REVISIONS TO AIR EMISSIONS
REPORTING REQUIREMENTS
Priority: Other Significant
Legal Authority: CAA
CFR Citation: 40 CFR 51 subpart A
Legal Deadline: None
Abstract: This action updated,
consolidated, and harmonized air
emission reporting requirements from
the Consolidated Emissions Reporting
Rule (CERR) and the NOx SIP Call. The
purpose of this action was 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 resolved these
differences.
Timetable:
Action
Date FR Cite
NPRM
Final Action
01/03/06 71 FR69
12/17/08 73 FR 76539
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/January/Day-03/a24614.pdf;
EPA Docket information: EPA-HQ-OAR-
2004-0489
Agency Contact: Dennis Beauregard,
Environmental Protection Agency, Air
and Radiation, C339-02, RTF, NC
27709
Phone: 919 541-5512
Fax: 919 541-0684
Email: beauregard.dennis@epa.gov
Doug Solomon, Environmental
Protection Agency, Air and Radiation,
C339-02, RTF, NC 27709
Phone: 919 541-4132
Fax: 919 541-0684
Email: solomon.dougl@epa.gov
RIN: 2060-AN20
166. REVISION TO DEFINITION OF
VOLATILE ORGANIC COMPOUNDS—
-EXCLUSION OF PROPYLENE
CARBONATE AND DIMETHYL
CARBONATE
Priority: Other Significant
Legal Authority: 42 USC 7401; 42 USC
7411 to 7414; 42 USC 7470 to 7479;
42 USC 7501 to 7508; 42 USC 7601
and 7602
CFR Citation: 40 CFR 51.100
Legal Deadline: None
Abstract: This final action granted
volatile organic compounds (VOC)
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Spring 2009 Regulatory Agenda
79
EPA—Clean Air Act (CAA)
Completed Actions
exemption for two compounds
(propylene carbonate and dimethyl
carbonate). Granting VOC exemption
status to these compounds removed 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
01/21/09 74 FR 3437
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
167. 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: 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. 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. This entry refers only
to that ANPRM, which has been
completed, so this entry is being
withdrawn from the Regulatory
Agenda. Further work on these source
categories is being done under two
other entries in this Regulatory Agenda.
See RDM 2060-AO91 and RDM 2060-
AO92.
Timetable:
Action
ANPRM
ANPRM Comment
Period Extended
Withdrawn
Date FR Cite
03/29/07 72 FR 14734
05/25/07 72 FR 29287
03/23/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5093;
EPA publication information: ANPRM
- http://www.epa.gov/fedrgstr/EPA-
AIR/2007/March/Day-29/a5805.pdf;
EPA Docket information: EPA-HQ-OAR-
2006-0859
Sectors Affected: 3364 Aerospace
Product and Parts Manufacturing; 3313
Alumina and Aluminum Production
and Processing; 32731 Cement
Manufacturing; 3341 Computer and
Peripheral Equipment Manufacturing;
32411 Petroleum Refineries; 331492
Secondary Smelting, Refining, and
Alloying of Nonferrous Metal (except
Copper and Aluminum); 22132 Sewage
Treatment Facilities
Agency Contact: Paula Hirtz,
Environmental Protection Agency, Air
and Radiation, E143-01, RTF, NC
27711
Phone: 919 541-2618
Fax: 919 541-0246
Email: hirtz.paula@epa.gov
Ken Hustvedt, Environmental
Protection Agency, Air and Radiation,
1200 Pennsylvania Avenue NW, RTF,
NC 27711
Phone: 919 541-5395
Fax: 919 685-3200
Email: hustvedt.ken@epamail.epa.gov
RIN: 2060-AN85
168. PREVENTION OF SIGNIFICANT
DETERIORATION: REFINEMENT TO
INCREMENT MODELING
PROCEDURES
Priority: Other Significant
Legal Authority: CAA title I, part C
CFR Citation: 40 CFR 51
Legal Deadline: None
Abstract: Part C of title I of the Clean
Air Act (CAA) contains the
requirements for a component of the
major New Source Review (NSR)
program known as the Prevention of
Significant Deterioration (PSD)
program. This program sets forth
procedures for the preconstruction
review and permitting of new and
modified major stationary sources of air
pollution locating in areas meeting the
National Ambient Air Quality
Standards (NAAQS), i.e., "attainment"
areas, or in areas for which there is
insufficient information to classify an
area as either attainment or
nonattainment, i.e., "unclassifiable"
areas. The applicability of the PSD
program to a particular source must be
determined in advance of construction
and is pollutant-specific. The PSD
program also established "increments,"
which are maximum increases in
ambient air concentrations allowed in
a PSD area over a baseline
concentration. This rulemaking, which
is being withdrawn, would have
revised the methodology used to
calculate increments.
Timetable:
Action
Date FR Cite
NPRM
Withdrawn
06/06/07 72 FR 31372
03/05/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Tribal
Additional Information: SAN No. 5100;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2007/June/Day-06/al0459.htm;
EPA Docket information: EPA-HQ-OAR-
2006-0888
Agency Contact: Jessica Montanez,
Environmental Protection Agency, Air
and Radiation, C504-03, RTF, NC
27711
Phone: 919 541-3407
Fax: 919 541-5509
Email:
montanez.jessica@epamail.epa.gov
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Completed Actions
Dan Deroeck, Environmental Protection
Agency, Air and Radiation, C504-03,
Washington, DC 20460
Phone: 919 541-5593
Fax: 919 685-3009
Email: deroeck.dan@epamail.epa.gov
RIN: 2060-AO02
169. NESHAP: FERROALLOYS
PRODUCTION—AREA SOURCE
STANDARDS
Priority: Substantive, Nonsignificant
Legal Authority: CAA 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.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
09/15/08 73 FR 53163
12/23/08 73 FR 78637
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN No. 5122;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2008/September/Day-
15/a21509.pdf; EPA Docket
information: EPA-HQ-OAR-2008-0154
Agency Contact: Conrad Chin,
Environmental Protection Agency, Air
and Radiation, D243-02, RTF, NC
27711
Phone: 919 541-1512
Email: chin.conrad@epamail.epa.gov
Steve Fruh, Environmental Protection
Agency, Air and Radiation, D243-02,
RTF, NC 27709
Phone: 919 541-2837
Fax: 919 541-3207
Email: fruh.steve@epa.gov
RIN: 2060-AO13
170. RISK AND TECHNOLOGY
REVIEW FOR GROUP 1: POLYMERS &
RESINS I; POLYMERS & RESINS II,
ACETAL RESINS, AND HYDROGEN
FLUORIDE
Priority: Other Significant
Legal Authority: CAA H2(f)(2); CAA
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: This action is called Risk and
Technology Review (RTR) Group 1. It
addressed 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
12/16/08 73 FR 76220
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, Washington,
DC 20460
Phone: 919 541-1516
Fax: 919 685-3219
Email: kissell.mary@epa.gov
Ken Hustvedt, Environmental
Protection Agency, Air and Radiation,
1200 Pennsylvania Avenue NW, RTF,
NC 27711
Phone: 919 541-5395
Fax: 919 685-3200
Email: hustvedt.ken@epamail.epa.gov
RIN: 2060-AO16
171. PROTECTION OF
STRATOSPHERIC OZONE:
RESERVING PRE-2005 STOCKS OF
METHYL BROMIDE FOR CRITICAL
USE GROWERS
Priority: Other Significant
Legal Authority: 42 USC 7671 to
7671q; 42 USC 7401 to 7671q
CFR Citation: 40 CFR 82
Legal Deadline: None
Abstract: EPA is concerned with the
environmental impacts that could result
from the need to manufacture
additional methyl bromide to serve the
needs of approved critical users where
part of their overall need could be
served by drawing from the inventory
of methyl bromide produced prior to
January 1, 2005. Therefore, EPA had
planned 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. However, EPA
now believes that this concern will be
better addressed through other on going
actions within the agency.
Timetable:
Action
Date
FR Cite
Withdrawn 03/26/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 5137
Agency Contact: Cindy Newberg,
Environmental Protection Agency, Air
and Radiation, 6205J, Washington, DC
20460
Phone: 202 343-9729
Email: newberg.cindy@epamail.epa.gov
RIN: 2060-AO29
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81
EPA—Clean Air Act (CAA)
Completed Actions
172. 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
Legal Deadline: NPRM, Judicial, May
30, 2008.
Final, Judicial, November 28, 2008.
Abstract: The amendments addressed
minor issues that have recently come
to the agency's attention, and clarified
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 SO2 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.
Timetable:
Action
Date FR Cite
NPRM
Final Action
06/12/08 73 FR 33642
01/28/09 74 FR 5072
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, D243-01, RTF, NC
27711
Phone: 919 541-4003
Fax: 919 541-5450
Email:
fellner.christian@epamail.epa.gov
Bill Maxwell, Environmental Protection
Agency, Air and Radiation, D243-01,
RTF, NC 27711
Phone: 919 541-5430
Fax: 919 541-5450
Email: maxwell.bill@epamail.epa.gov
RIN: 2060-AO61
173. GROUP IV: CTGS IN LIEU OF
REGULATIONS FOR MISC. METAL
PRODUCTS COATINGS, PLASTIC
PARTS, AUTO & LIGHT DUTY TRUCK
ASSEMBLY COATINGS, FIBERGLASS
BOAT MFG. MATERIALS, AND MISC.
INDUSTRIAL ADHESIVES
Priority: Other Significant
Legal Authority: 42 USC I83(e)
CFR Citation: 40 CFR 59
Legal Deadline: Final, Judicial,
September 30, 2008.
Abstract: This action announced 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 were made based
on considerations affecting VOC
emission reductions in ozone
nonattainment areas. The proposal
solicited comments on the proposed
determinations and announced
availability of draft CTGs for each of
the product categories. The final notice
finalized the determinations and
announced availability of final CTGs
covering these categories. NOTE: This
action now includes the Misc Industrial
Adhesives category formerly tracked
under RIN 2060-AP02.
Timetable:
Action
Date FR Cite
NPRM
Final Action
07/14/08 73 FR 40230
10/07/08 73 FR 58481
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, E143-03, Research
Triangle Park, NC 27711
Phone: 919 541-5460
Fax: 919 541-3470
Email: moore.bruce@epa.gov
Robin Dunkins, Environmental
Protection Agency, Air and Radiation,
E-143-03, RTF, NC 27711
Phone: 919 541-5335
Fax: 919 541-3470
Email: dunkins.robin@epa.gov
RIN: 2060-AP01
174. • EXTENSION OF COMPLIANCE
DEADLINE FOR AIR EMISSION
TESTING BODIES (AETBS)
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act
CFR Citation: 40 CFR 75 (Revision)
Legal Deadline: Final, Judicial, October
29, 2008.
Abstract: On January 24, 2008, final
amendments to 40 CFR part 75 on
competency requirements for air
emission testing bodies (AETBs) was
published in the Federal Register (See
73 FR 4365, 4367, and 4372). The
AETB provision generally requires
stack testers and stack testing
companies to meet certain minimum
competency requirements described in
ASTM D 7036 by January 1, 2009. On
March 25, 2008, the Utility Air
Regulatory Group (UARG) filed a
Petition for Review primarily claiming
that EPA could not by the AETB
requirement hold utilities responsible
for something they cannot control. This
action responds to that petition for
review.
Timetable:
Action
Date
FR Cite
Final Action
11/04/08 73 FR 65554
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No.
4969.1; EPA publication information:
NPRM-
http://www.epa.gov/fedrgstr/EPA-
AIR/2006/August/Day-22/a6819.htm;
Split from RIN 2060-AN16.; EPA
Docket information: EPA-HQ-OAR-
2005-0132
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Completed Actions
Agency Contact: John Schakenbach,
Environmental Protection Agency, Air
and Radiation, 6204J, Washington, DC
20460
Phone: 202 343-9158
Fax: 202 343-2359
Email:
schakenbach.john@epamail.epa.gov
Ragan Tate, Environmental Protection
Agency, Air and Radiation, MC2344A,
Washington, DC 20460
Phone: 202 564-7382
Fax: 202 566-0070
Email: tate.ragan@epa.gov
RIN: 2060-AP39
175. • FINDINGS OF SIGNIFICANT
CONTRIBUTION AND RULEMAKING
ON SECTION 126 PETITIONS FOR
PURPOSES OF REDUCING
INTERSTATE OZONE TRANSPORT
(COMPLETION OF A SECTION 610
REVIEW)
Priority: Info./Admin./Other
Legal Authority: 5 USC 610
CFR Citation: None
Legal Deadline: None
Abstract: On May 25, 1999 (64 FR
28250), EPA issued a final rule entitled
"Findings of Significant Contribution
and Rulemaking on section 126
Petitions for Purposes of Reducing
Interstate Ozone Transport," usually
referred to as the "Section-126 rule."
This rule was a response to petitions
from several states asking EPA to take
Federal action to address the problem
of air pollution coming from upwind
states. Since this rule did not include
a no-significant-impact certification
under the Regulatory Flexibility Act, it
normally would be a candidate for the
RFA-required review 10 years after
promulgation. However, this rule had
no actual impact on any entities, since
it specified that its prescribed upwind-
pollution remedies could be fulfilled by
State actions under a previous EPA rule
entitled "Finding of Significant
Contribution and Rulemaking for
Certain States in the Ozone Transport
Assessment Group Region for Purposes
of Reducing Regional Transport of
Ozone," usually referred to as the
"NOx SIP Call," which was
promulgated on October 27, 1998 (63
FR 57355). Subsequently, the States did
in fact comply with the NOx SIP Call
rule, thereby nullifying any effect of the
Section-126 rule. Therefore the Section-
126 rule has had, and will have, no
impacts on any entities, including
small entities, thereby obviating the
need for a 10-year review under the
RFA. In light of this fact, EPA is,
through this notice, documenting the
Section-126 rule's lack of impact, and
announcing that the 10-year review has
been completed.
Timetable:
Action
Date
FR Cite
05/25/99 64 FR 28250
03/26/09
Final Action
610 Review
Determination
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5326
URL For More Information:
www.epa.gov/sbrefa/index.htm
Agency Contact: Thomas Eagles,
Environmental Protection Agency, Air
and Radiation, 6103A, Washington, DC
20460
Phone: 202 564-1952
Fax: 202 564-1554
Email: eagles.tom@epa.gov
RIN: 2060-AP42
Environmental Protection Agency (EPA)
Atomic Energy Act (AEA)
Long-Term Actions
176. TECHNICAL CHANGE TO DOSE
METHODOLOGY
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 2021 Atomic
Energy Act of 1954; Reorganization
Plan No. 3 of 1970; Nuclear Waste
Policy Act of 1982
CFR Citation: 40 CFR 190(B); 40 CFR
Legal Deadline: None
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 propose
updating 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 04/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4003
Agency Contact: Ray Clark,
Environmental Protection Agency, Air
and Radiation, 6608J, Washington, DC
20460
Phone: 202 343-9198
Fax: 202 343-2065
Email: clark.ray@epamail.epa.gov
RIN: 2060-AH90
177. 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,
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Spring 2009 Regulatory Agenda
83
EPA—Atomic Energy Act (AEA)
Long-Term Actions
consisting of a chemically hazardous
component and low levels of
radioactivity. These wastes are
anticipated to arise in the commercial
sector from various sources. The
rulemaking is intended to increase
disposal options for these wastes and
offer a streamlined regulatory process
which melds hazardous chemical
protection and radioactivity protection
requirements while protecting public
health and safety. The rule would not
mandate a disposal method, but rather
would permit an alternative to existing
disposal methods. The U.S. Nuclear
Regulatory Commission is anticipated
to be the implementing Agency for the
application of this rule. An Advanced
Notice of Proposed Rulemaking was
issued in November 2003 to solicit
early public input on this issue.
Timetable:
Action
Date FR Cite
ANPRM
NPRM
11/18/03 68 FR 65120
07/00/10
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; EPA Docket
information: EPA-HQ-OAR-2003-0095
Agency Contact: Daniel Schultheisz,
Environmental Protection Agency, Air
and Radiation, 6608J, Washington, DC
20460
Phone: 202 343-9349
Fax: 202 343-2304
Email:
schultheisz.daniel@epamail.epa.gov
RIN: 2060-AH63
178. • REVISION OF HEALTH AND
ENVIRONMENTAL PROTECTION
STANDARDS FOR URANIUM AND
THORIUM MILL TAILINGS AND
URANIUM IN SITU LEACHING
PROCESSING FACILITIES
Priority: Substantive, Nonsignificant
Unfunded Mandates: Undetermined
Legal Authority: 42 USC 2022; Atomic
Energy Act sec 275; UMTRCA sec
206(a); 42 USC 2114
CFR Citation: 40 CFR 192
Legal Deadline: None
Abstract: EPA's regulations in 40 CFR
192 were written in accordance with
Section 206(a) of the Uranium Mill
Tailings Radiation Control Act
(UMTRCA) which inserted a new
section 275 in the Atomic Energy Act
(AEA). They establish standards for
protection of the public health, safety,
and environment from radiological and
nonradiological hazards associated with
uranium ore processing, and disposal
of resulting waste materials. These
cross-media standards, which apply to
pollutant emissions and site restoration,
must be adopted by the Nuclear
Regulatory Commission, their
Agreement States, and the Department
of Energy. We propose to review all the
standards in the existing rule, revise
the regulations to take into account
significant changes in uranium industry
technologies and their potential
impacts to groundwater and air quality,
recent revisions in EPA drinking water
protection standards, judicial decisions
concerning the subject regulations, and
need for new radiological risk
assessments to take into account
unanticipated risks to the general
public and environment. Section 275
(b)(2) of the AEA authorized the
Administrator to periodically revise the
standards while section 275 (c)
provided direction on how that must
be accomplished. Since the regulations
were last revised in 1995, increased
demand for uranium to meet United
States energy needs has resulted in
significant public environmental
concerns over uranium ore processing,
particularly by In Situ Leaching (ISL)
extraction methodologies. New facilities
proposed in states from Virginia to
Alaska, in addition to ongoing
regulatory efforts by the Nuclear
Regulatory Commission for facility
licensure and groundwater protection
in advance of concomitant revised EPA
standards, add to the justification for
undertaking this effort.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
01/00/11
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 5319
Agency Contact: Loren Setlow,
Environmental Protection Agency, Air
and Radiation, 6608J, Washington, DC
20460
Phone: 202 343-9445
Fax: 202 343-2304
Email: setlow.loren@epamail.epa.gov
Tom Peake, Environmental Protection
Agency, Air and Radiation, 6608J,
Washington, DC 20460
Phone: 202 343-9765
Fax: 202 343-2304
Email: peake.tom@epamail.epa.gov
RIN: 2060-AP43
Environmental Protection Agency (EPA)
Atomic Energy Act (AEA)
Completed Actions
179. AMENDMENT OF THE
STANDARDS FOR RADIOACTIVE
WASTE DISPOSAL IN YUCCA
MOUNTAIN, NEVADA
Priority: Other Significant
Legal Authority: PL 102-486; Energy
Policy Act of 1992
CFR Citation: 40 CFR 197
Legal Deadline: None
Abstract: This action amended 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 addressed the
remanded portion of the standards, viz..
the compliance period. EPA was given
the authority to set Yucca Mountain-
specific standards in the Energy Policy
Act of 1992 (EnPA).
Timetable:
Action
NPRM
Final Action
Date
FR Cite
08/22/05 70 FR 49014
10/15/08 73 FR 61255
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
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Spring 2009 Regulatory Agenda
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Completed Actions
Additional Information: SAN No. 4964;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2005/August/Day-22/al6193.htm;
EPA Docket information: EPA-HQ-OAR-
2005-0083
Agency Contact: Ray Clark,
Environmental Protection Agency, Air
and Radiation, 6608J, Washington, DC
20460
Phone: 202 343-9198
Fax: 202 343-2065
Email: clark.ray@epamail.epa.gov
Raymond Lee, Environmental
Protection Agency, Air and Radiation,
6608J, Washington, DC 20460
Phone: 202 343-9463
Fax: 202 343-2503
Email: lee.raymond@epa.gov
RIN: 2060-AN15
Environmental Protection Agency (EPA)
Noise Control Act (NCA)
Proposed Rule Stage
180. 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
05/00/09
09/00/09
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 Jefferson, Environmental
Protection Agency, Air and Radiation,
6103, Washington, DC 20460
Phone: 202 564-1668
Fax: 202 564-1677
Email:
jefferson.catrice@epamail.epa.gov
RIN: 2060-AO25
Environmental Protection Agency (EPA)
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Proposed Rule Stage
181. PESTICIDES; EXPANSION OF
CROP GROUPING PROGRAM
Priority: Substantive, Nonsignificant
Legal Authority: 21 USC 346a
CFR Citation: 40 CFR 180
Legal Deadline: None
Abstract: EPA is revising the pesticide
crop grouping regulations to create new
crop groupings, add new subgroups,
and expand existing crop groups by
adding new commodities. EPA expects
these revisions to promote greater use
of crop grouping for tolerance-setting
purposes and to facilitate the
availability of pesticides for minor crop
uses. The first revision in a series of
revisions to the crop grouping
regulations was finalized in December
2007. In 2009 the revisions to the crop
grouping regulations will be to create
a new crop group and amend three
other crop groups.
Timetable:
Action
Date
FR Cite
NPRM1
Final Action 1
Final Action 1;
Technical
Amendment
NPRM 2
05/23/07 72 FR 28920
12/07/07 72 FR 69150
01/02/08 73FR51
08/00/09
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: cromwfell.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
182. REVISION OF PROCEDURAL
RULES FOR HEARINGS ON
CANCELLATIONS, SUSPENSIONS,
CHANGES IN CLASSIFICATIONS, AND
DENIALS OF PESTICIDE
REGISTRATIONS
Priority: Substantive, Nonsignificant
Legal Authority: 7 USC I36a(c) to
136a(d); 7 USC 136b(d) to 136b(f); 7
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Spring 2009 Regulatory Agenda
85
EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Proposed Rule Stage
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 02/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4618;
Previous listed as RDM 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 Perlis, 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
183. 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 FIFRA. A product intended to
inactivate, destroy or mitigate prions on
inanimate surfaces (i.e., "prion
product") is considered to be a
pesticide. Any company seeking to
distribute or sell such a product is
required to register the product with
EPA before it can be distributed or sold
in the United States. Through this
action, EPA is considering expressly
adding prions to the list of pests in 40
CFR part 152, and requirements related
to product performance (i.e., efficacy
data), which is required for each
antimicrobial end-use product for
which public health related claims are
made. EPA believes that regulating
prion products will protect human
health and the environment against
unreasonable adverse effects and ensure
that such products are effective.
Timetable:
Action
Date
FR Cite
NPRM
03/00/10
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
Environmental Protection Agency (EPA)
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Final Rule Stage
184. 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: Not Yet Determined
Legal Deadline: None
Abstract: Section 408(p) of the Federal
Food, Drug, and Cosmetic Act, as
amended by the 1996 Food Quality
Protection Act, directs EPA to establish
and implement a program whereby
industry will be required to screen and
test all pesticide chemicals to
determine whether certain substances
may have an effect in humans that is
similar to an effect produced by a
naturally occurring estrogen, or such
other endocrine effect as the
Administrator may designate. The
requirements of section 408(p) were
implemented through the creation of
the Endocrine Disruptor Screening
Program (EDSP) in 1998. EDSP consists
of three major parts developed in
parallel:
1) Assay validation. Under FFDCA
section 408(p), EPA is required to use
"appropriate validated test systems and
other scientifically relevant
information" to determine whether
substances may have estrogenic effects
in humans or other endocrine effects
as the Administrator may designate. On
March 25-27, 2008, the FIFRA Science
Advisory Panel (SAP) reviewed the
Agency's proposed EDSP Tier 1
screening battery, and in a report dated
June 11, 2008, the SAP recommended
that the Agency proceed with Tier 1
screening using the proposed battery.
At this moment, validation is complete
for all but one of the Tier 1 assays that
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Spring 2009 Regulatory Agenda
EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Final Rule Stage
were included in the proposed Tier 1
screening battery (i.e., ER Binding). The
ER Binding assay is expected to
complete the validation process in
April 2009. The final Tier 1 battery will
be announced in a separate Federal
Register document that the Agency
anticipates issuing in spring 2009.
Efforts to validate the Tier 2 tests are
underway.
2) Priority setting. EPA described its
priority setting approach to select
pesticide chemicals for initial screening
on September 27, 2005 (70 FR 56449),
and announced the draft list of initial
pesticide active ingredients and
pesticide inerts to be considered for
screening under FFDCA on June 18,
2007 (72 FR 33486). After considering
public comment, EPA issued the final
list of 67 pesticide active ingredients
and high production volume (HPV)
pesticide inert chemicals for initial
screening on April 15, 2009 (74 FR
17579).
3) Procedures. On December 13, 2007
(72 FR 70842), EPA published a draft
document in the Federal Register that
described the policies and procedures
EPA generally intended to adopt for
initial screening of chemicals under
EDSP. Following review and revision
based on the public comments, on
April 15, 2009 (74 FR 17560), EPA
described the specific details of the
policies and procedures that EPA
generally intends to adopt for initial
screening under the EDSP, including
the statutory requirements associated
with and format of the test orders, as
well as EPA's procedures for fair and
equitable sharing of test costs and
handling confidential data.
Additional information about the EDSP
is available at
http://www.epa.gov/scipoly/oscpendo/
index.htm.
Timetable:
Action
Date
FR Cite
Notice; Draft 12/13/07 72 FR 70842
Procedures
Final; Procedures 04/15/09 74 FR 17559
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 4728;
EPA publication information: Notice;
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: wfOOge.wlliam@epa.gov
Gary Timm, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7203M,
Washington, DC 20460
Phone: 202 564-8474
Fax: 202 564-8483
Email: timm.gary@epa.gov
RIN: 2070-AD61
185. PLANT INCORPORATED
PROTECTANTS (PIPS); EXEMPTION
FOR THOSE DERIVED THROUGH
GENETIC ENGINEERING FROM
SEXUALLY COMPATIBLE PLANTS
Priority: Info./Admin./Other
Legal Authority: 7 USC 136 et seq; 21
USC 346a et seq
CFR Citation: 40 CFR 174
Legal Deadline: None
Abstract: The Agency has determined
that the record for this action, which
was originally proposed in 1994, does
not address the scientific information
developed since the original proposal.
Consequently, the record would not
provide adequate, up-to-date support
for the proposed rule. In 1994, EPA
believed that the proposed exemption
for PIPs derived through genetic
engineering from plants sexually
compatible with the recipient plant had
the potential to cover a number of low-
risk products. However, experience in
the last decade has shown that such
PIPs have not been developed in great
numbers. If EPA were to pursue such
an exemption in the future, the Agency
would issue a new proposed rule. As
such, EPA is considering withdrawing
the 1994 proposal. Withdrawing the
1994 proposal does not preclude EPA's
pursuing the same approach in the
future. If withdrawn, the Agency would
create a new entry in the Regulatory
Agenda once the Agency decided to
pursue such a rulemaking in the future.
Timetable:
Action
Date FR Cite
Action
Date
FR Cite
NPRM
11/23/94 59 FR 60496
Supplemental NPRM 07/22/96 61 FR 37891
1
Supplemental NPRM 05/16/97 62 FR 27132
2
Supplemental NPRM 04/23/99 64 FR 19958
3
Supplemental NPRM 07/19/01 66 FR 37855
4
Supplemental NPRM 08/20/01 66 FR 43552
5
Notice; Withdrawal of 08/00/09
NPRM
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4611
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@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@epa.gov
RIN: 2070-AD55
186. PLANT INCORPORATED
PROTECTANTS (PIPS); EXEMPTION
FOR PIPS THAT ACT BY PRIMARILY
AFFECTING THE PLANT
Priority: Info./Admin./Other
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
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Spring 2009 Regulatory Agenda
87
EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Final Rule Stage
developed since the original proposal.
Consequently, the record would not
provide adequate, up-to-date support
for the proposed rule. In 1994, EPA
believed that the proposed exemption
for PIPs that act by primarily affecting
the plant had the potential to cover a
number of low-risk products. However,
experience in the last decade has
shown that such PIPs have not been
developed in great numbers. If EPA
were to pursue such an exemption in
the future, the Agency would issue a
new proposed rule. As such, EPA is
considering withdrawing the 1994
proposal. Withdrawing the 1994
proposal does not preclude EPA's
pursuing the same approach in the
future. If withdrawn, the Agency would
create a new entry in the Regulatory
Agenda once the Agency decided to
pursue such a rulemaking in the future.
Timetable:
Action
Date FR Cite
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
08/00/09
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: None
Additional Information: SAN No. 4612
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@epa.gov
Janet Andersen, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 75IIP, Washington, DC
20460
Phone: 703 308-8712
Fax: 703 308-7026
Email: andersen.janet@epa.gov
RIN: 2070-AD56
187. GROUNDWATER AND PESTICIDE
MANAGEMENT PLAN RULE
Priority: Info./Admin./Other
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
ground-water only, and to determine
the best partnership approach to
implementation. During this period, the
risk level associated with the named
pesticides was reexamined and
reduced. Moreover, since the proposal
in 1996, many States have adopted the
original concept and framework of
Pesticide Management Plans and these
programs are operational today. This
experience and growth in knowledge
has exceeded the requirements and
specifications of the original proposal.
Accordingly, EPA intends to withdraw
the proposed rule in the near future.
Timetable:
Action
Date
FR Cite
NPRM
Notice; Metolachlor
Supplemental Notice
& Extension of
Comment Period
Notice: Withdrawal of
NPRM
06/26/96 61 FR 33259
02/23/00 65 FR 8925
03/24/00 65 FR 15885
08/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
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
Rose Kyprianou, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7506P, Washington, DC
20460
Phone: 703 305-5354
Fax: 703 305-5884
Email: kyprianou.rose@epa.gov
RIN: 2070-AC46
Environmental Protection Agency (EPA)
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Long-Term Actions
188. 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 considering proposing
a regulation that would require certain
pesticide registrants to recycle certain
plastic pesticide containers. As
contemplated, registrants who sell
agricultural and professional specialty
pesticides in rigid, nonrefillable high
density polyethylene (HOPE) containers
(with capacities of 55 gallons or less)
would have to recycle, each year, a
quantity of HOPE equivalent to a
specified percentage (20, 30 or 40
percent or more) of the weight of all
rigid nonrefillable HOPE containers
used for their pesticide products during
the previous calendar year. If
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88
Spring 2009 Regulatory Agenda
EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Long-Term Actions
promulgated, pesticide container
recycling programs subject to the rule
may be required to meet the American
National Standards Institute and
American Society of Agricultural and
Biological Engineers Standard S569 for
"Recycling Plastic Containers from
Pesticides and Pesticide-Related
Products." The proposed regulation
would be 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:
Action
Date FR Cite
NPRM
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 5050;
EPA Docket information: EPA-HQ-OPP-
2006-0688
Agency Contact: Jeanne Kasai,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506P, Washington,
DC 20460
Phone: 703 308-3240
Fax: 703 308-2962
Email: kasai.jeanne@epa.gov
Nancy Fitz, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7506P,
Washington, DC 20460
Phone: 703 308-7385
Fax: 703 308-2962
Email: fitz.nancy@epa.gov
RIN: 2070-AJ29
189. PESTICIDES; DATA
REQUIREMENTS FOR
ANTIMICROBIALS
Priority: Substantive, Nonsignificant
Legal Authority: 7 USC 136 to I36y
CFR Citation: 40 CFR 158 and 161
Legal Deadline: None
Abstract: EPA is updating and revising
its pesticide data requirements for
antimicrobial pesticide products. This
action will revise the 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. In
general, pesticide data requirements are
codified in 40 CFR part 158, which
describes the minimum data and
information EPA typically requires to
support an application for pesticide
registration or amendment; support the
reregistration of a pesticide product;
support the maintenance of a pesticide
registration by means of the data call-
in process, e.g., as used in the
registration review program; or
establish or maintain a tolerance or
exemption from the requirements of a
tolerance for a pesticide chemical
residue. This part establishes general
policies and procedures associated with
the submission of data in support of
a pesticide regulatory action. It does
not, however, include study protocols,
methodology, or standards for
conducting or reporting test results; nor
does this part describe how the Agency
uses or evaluates the data and
information in its risk assessment and
risk management decisions, or the
regulatory determinations that may be
based upon the data.
Timetable:
Action
Date FR Cite
NPRM
NPRM Comment
Period End
Final Action
10/08/08 73 FR 59381
04/06/09
04/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 4173;
EPA publication information: NPRM -
http ://www. epa.gov/fedrgstr/EPA-
PEST/2 008/October/Day-08/p 2 312 7 .pdf;
EPA Docket information: EPA-HQ-OPP-
2008-0110
Sectors Affected: 32519 Other Basic
Organic Chemical Manufacturing;
32551 Paint and Coating
Manufacturing; 32532 Pesticide and
Other Agricultural Chemical
Manufacturing; 32561 Soap and
Cleaning Compound Manufacturing
URL For More Information:
http://www.epa.gov/pesticides/
regulating/data.htm
Agency Contact: Kathryn Boyle,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506P, Washington,
DC 20460
Phone: 703 305-6304
Fax: 703 305-5884
Email: boyle.kathryn@epa.gov
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
190. PESTICIDES; DATA
REQUIREMENTS FOR
PLANT-INCORPORATED
PROTECTANTS (PIPS)
Priority: Other Significant
Legal Authority: 7 USC I36a; 7 USC
136w
CFR Citation: 40 CFR 158 and 174
Legal Deadline: None
Abstract: EPA intends to propose
codifying data requirements for the
pesticide registration of plant-
incorporated protectants (PIPs). These
data requirements are intended to
provide EPA with data and other
information necessary for the
registration of PIPs. These requirements
would improve the Agency's ability to
make regulatory decisions about the
human health and environmental
effects of these products. By codifying
data requirements specific to PIPs, the
regulated community would have a
better understanding of and could
better prepare for the registration
process. This proposed rule is one in
a series of proposals to update and
clarify pesticide data requirements. In
general, pesticide data requirements are
codified in 40 CFR part 158, which
describes the minimum data and
information EPA typically requires to
support an application for pesticide
registration or amendment; support the
reregistration of a pesticide product;
support the maintenance of a pesticide
registration by means of the data call-
in process, e.g., as used in the
registration review program; or
establish or maintain a tolerance or
exemption from the requirements of a
tolerance for a pesticide chemical
residue. This part establishes general
policies and procedures associated with
the submission of data in support of
a pesticide regulatory action. It does
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EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Long-Term Actions
not, however, include study protocols,
methodology, or standards for
conducting or reporting test results; nor
does this part describe how the Agency
uses or evaluates the data and
information in its risk assessment and
risk management decisions, or the
regulatory determinations that may be
based upon the data.
Timetable:
Action
Date FR Cite
NPRM
04/00/10
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
Fax: 703 305-5884
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-AJ27
191. • PESTICIDES; DATA
REQUIREMENTS FOR PRODUCT
PERFORMANCE
Priority: Substantive, Nonsignificant
Legal Authority: 7 USC 136 to I36y
CFR Citation: 40 CFR 158 and 161
Legal Deadline: None
Abstract: This rulemaking will codify
invertebrate efficacy data requirements
in support of invertebrate pesticide
product registrations as mandated by
FIFRA. This rulemaking will provide
clarity, consistency, and transparency.
The pesticide data requirements are
codified in 40 CFR part 158, which
describes the minimum data and
information EPA typically requires to
support an application for pesticide
registration or amendment; support the
reregistration of a pesticide product;
support the maintenance of a pesticide
registration by means of the data call-
in process, e.g., as used in the
registration review program; or
establish or maintain a tolerance or
exemption from the requirements of a
tolerance for a pesticide chemical
residue. This part establishes general
policies and procedures associated with
the submission of data in support of
a pesticide regulatory action. It does
not, however, include study protocols,
methodology, or standards for
conducting or reporting test results; nor
does this part describe how the Agency
uses or evaluates the data and
information in its risk assessment and
risk management decisions, or the
regulatory determinations that may be
based upon the data.
Timetable:
Action
Date FR Cite
NPRM
12/00/11
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 5331
URL For More Information:
www.epa.gov/pesticides
Agency Contact: Amaris Johnson,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7506P, Washington,
DC 20460
Phone: 703 305-9542
Fax: 703 305-5884
Email: johnson.amaris@epa.gov
Candace Brassard, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7506P, Washington, DC
20460
Phone: 703 305-6598
Fax: 703 305-5884
Email: brassard.candace@epa.gov
RIN:2070-AJ49
192. 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, prohibited EPA from
collecting any tolerances fees until
September 30, 2008. This prohibition
was expanded in 2005 to include a
prohibition on using federal funding to
perform any work on a final tolerance
fee rulemaking. As such, no rulemaking
activities are currently planned. Most
recently, the prohibition was extended
yet again in 2007 when Congress
adopted the Pesticide Registration
Improvement Renewal Act. In that bill,
Congress extended the ban on assessing
tolerance fees through September 30,
2012.
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
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90
Spring 2009 Regulatory Agenda
EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Long-Term Actions
193. 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 to 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 regulates PIPs under
FIFRA and FFDCA, including issuing
experimental use permits and
commercial registrations. In 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 record
keeping. 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 05/00/10
Regulatory Flexibility Analysis
Required: Undetermined
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/index.htm
Agency Contact: Stephen Howie,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7201M, Washington,
DC 20460
Phone: 202 564-1146
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: milewfski.elizabeth@epa.gov
RIN: 2070-AJ32
194. PLANT INCORPORATED
PROTECTANTS (PIPS); EXEMPTION
FOR THOSE BASED ON VIRAL COAT
PROTEIN GENES
Priority: Substantive, Nonsignificant
Legal Authority: 21 USC 346(a) et seq;
7 USC 136 et seq
CFR Citation: 40 CFR 174
Legal Deadline: None
Abstract: EPA is considering the
addition of plant-incorporated
protectants based on viral coat protein
genes to its plant-incorporated
protectants exemptions at 40 CFR 174.
Substances which plants produce for
protection against pests, and the genetic
material necessary to produce them, are
pesticides under the Federal
Insecticide, Fungicide and Rodenticide
Act (FIFRA), if humans intend these
substances to "prevent, repel or
mitigate any pest". These substances
are also "pesticide chemical residues"
under the Federal Food, Drug, and
Cosmetic Act (FFDCA). Therefore, EPA
is concurrently considering the
exemption of plant-incorporated
protectants based on viral coat protein
genes from the requirement of a
tolerance under section 408 of the
FFDCA. Due to public interest and new
scientific information, additional public
comment on this proposal, originally
published in 1994, was requested in
2001. After considering public
comment and additional review by the
Science Advisory Panel (SAP), EPA
issued a reproposal in 2007.
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:
Reproposal -
http://www.epa.gov/fedrgstr/EPA-
PEST/2007/April/Day-18/p7297.htm;
This action is a continuation of the
action described in RDM 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@epa.gov
Tom McClintock, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7202M, Washington, DC
20460
Phone: 202-564-8488
Email: mcclintock.tom@epa.gov
RIN: 2070-AD49
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Spring 2009 Regulatory Agenda
91
EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Long-Term Actions
195. PESTICIDES; COMPETENCY
STANDARDS FOR OCCUPATIONAL
USERS
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 7 USC 136; 7 USC
1361; 7 USC 136w
CFR Citation: 40 CFR 171; 40 CFR 156
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. The possible
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 potential need for changes to the
regulation.
Timetable:
Action
Date FR Cite
NPRM
02/00/11
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:
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-AJ20
196. PESTICIDES; AGRICULTURAL
WORKER PROTECTION STANDARD
REVISIONS
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 7 USC 136; 7 USC
136w
CFR Citation: 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 potential
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 02/00/11
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-AJ22
197. PESTICIDES; REGISTRATION
REQUIREMENTS FOR
ANTIMICROBIAL PESTICIDE
PRODUCTS
Priority: Substantive, Nonsignificant
Legal Authority: 7 USC I36a(h); 7 USC
I36(w)
CFR Citation: 40 CFR 152
Legal Deadline: None
Abstract: In 2001, EPA finalized
certain labeling regulations for
pesticide products, clarifications
regarding the application of FIFRA to
nitrogen stabilizers, and regulations
that contain statutory provisions
excluding certain types of products
from regulation of pesticides. These
topics were part of the 1999 proposal
concerning antimicrobial products, and
are being promulgated separately for
convenience. In September 1999, EPA
proposed procedures for the registration
of antimicrobial products, including
labeling standards for antimicrobial
public health products to ensure that
these products are appropriately
labeled for the level of antimicrobial
activity they demonstrate. EPA also
proposed to modify its notification
process for antimicrobial products to
conform to the statutorily prescribed
process; and to exempt certain
antimicrobial products from FIFRA
regulation. In November 1999, EPA
proposed procedures for the registration
of antimicrobial pesticides and
performance standards for public health
antimicrobial pesticides, as well as
other changes affecting all pesticide
products, including interpretation of
new provisions relating to nitrogen
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92
Spring 2009 Regulatory Agenda
EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
Long-Term Actions
stabilizers, and updating and
reorganization of human hazard
labeling requirements. After
considering public comments and an
extensive stakeholder dialogue, EPA
will determine next steps for this
action.
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
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 3892;
EPA publication information: Final
Action 1 -
http://www.epa.gov/fedrgstr/EPA-
PEST/2001/December/Day-
147p30820.htm
Sectors Affected: 32519 Other Basic
Organic Chemical Manufacturing;
32551 Paint and Coating
Manufacturing; 32532 Pesticide and
Other Agricultural Chemical
Manufacturing; 32561 Soap and
Cleaning Compound Manufacturing
URL For More Information:
http://www.epa.gov/oppad001/
regpolicy.htm
Agency Contact: 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
198. PESTICIDES; RECONSIDERATION
OF EXEMPTIONS FOR INSECT
REPELLENTS
Priority: Substantive, Nonsignificant
Legal Authority: 7 USC I36a; 7 USC
136w
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
NPRM
02/00/11
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@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)
Completed Actions
199. PESTICIDES; TECHNICAL
AMENDMENTS
Priority: Routine and Frequent
Legal Authority: 7 USC 136 et seq; 21
USC 346a
CFR Citation: 40 CFR 150 tolSO
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 12/12/08 73FR75592
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5276;
EPA publication information: Final
Action -
http ://www. epa.gov/fedrgstr/EPA-
PEST/2008/December/Day-
12/p29375.pdf; EPA Docket
information: EPA-HQ-OPP-2008-0247
URL For More Information:
http://www.epa.gov/pesticides/
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
Kathryn Boyle, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7506P, Washington, DC
20460
Phone: 703 305-6304
Fax: 703 305-5884
Email: boyle.kathryn@epa.gov
RIN: 2070-AJ42
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Spring 2009 Regulatory Agenda
93
Environmental Protection Agency (EPA)
Toxic Substances Control Act (TSCA)
P re rule Stage
200. POLYCHLORINATED BIPHENYLS
(PCBS); USE AND DISTRIBUTION IN
COMMERCE
Priority: Substantive, Nonsignificant.
Major status under 5 USC 801 is
undetermined.
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
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 intends to
solicit written comments on these and
other areas of the PCB use regulations.
EPA will not solicit comments on the
PCB disposal regulations as part of this
action.
Timetable:
Action
Date
FR Cite
ANPRM
01/00/10
Regulatory Flexibility Analysis
Required: No
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@epa.gov
John 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
201. 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: Other, Statutory, June
30, 2009, Settlement Agreement
Deadline for Signature on ANPRM.
Abstract: This rulemaking proceeding
was initiated in response to a citizen's
petition filed in June 2007 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 advance
notice of proposed rulemaking
(ANPRM) that solicits public comment
on several testing issues prior to the
issuance of any proposed rule.
Timetable:
Action
Date FR Cite
ANPRM
06/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5187;
EPA Docket information: EPA—HQ—
OPPT—2007—0490
URL For More Information:
http://www.epa.gov/opptintr/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@epa.gov
Mike Mattheisen, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 1200 Pennsylvania Avenue
NW, Washington, DC 20460
Phone: 202 564-3077
Email: mattheisen.mike@epa.gov
RIN: 2070-AJ34
Environmental Protection Agency (EPA)
Toxic Substances Control Act (TSCA)
Proposed Rule Stage
202. TSCA INVENTORY UPDATE
REPORTING MODIFICATIONS
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2607 (TSCA
section 8)
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 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
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94
Spring 2009 Regulatory Agenda
EPA—Toxic Substances Control Act (TSCA)
Proposed Rule Stage
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
12/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 5279
URL For More Information:
http://www.epa.gov/opptintr/iur/
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
Chenise Farquharson, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-7768
Fax: 202 564-4775
Email: farquharson.chenise@epa.gov
RIN: 2070-AJ43
203. 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 is considering
whether 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
03/00/10
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: None
Agency Contact: Roy Seidenstein,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-9274
Fax: 202 564-9490
Email: seidenstein.roy@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-AJ15
204. 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 in
flow meters, manometers on oil and gas
pipelines, and pyrometers. The SNUR
would require persons to notify EPA
at least 90 days before commencing the
manufacture or processing of mercury
for these three uses.
Timetable:
Action
Date
FR Cite
Additional Information: SAN No. 4975 NPRM
08/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5238
URL For More Information:
http://www.epa.gov/opptintr/
newchems/pubs/snun.htm
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@epa.gov
Lynn Vendinello, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7404T, Washington, DC
20460
Phone: 202 566-0514
Email: vendinello.lynn@epa.gov
RIN: 2070-AJ36
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Spring 2009 Regulatory Agenda
95
EPA—Toxic Substances Control Act (TSCA)
Proposed Rule Stage
205. TEST RULE; TESTING OF
CERTAIN HIGH PRODUCTION
VOLUME (HPV) CHEMICALS
Priority: Substantive, Nonsignificant
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 in 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 2008 for 19 chemicals, is
expected to be finalized in late 2009.
Subsequent test rules, including a third
proposed rule scheduled to publish in
2009 are expected to propose 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
10/00/09
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@epa.gov
RIN: 2070-AD16
206. TEST RULE; BROMINATED
FLAME RETARDANTS (BFRS) [DECA]
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 and the declining market for
these chemicals have eliminated the
need for additional data on four of the
five BFRs. EPA still needs
biodegradation and environmental fate
data on decabromodiphenyl ether and
is pursuing that data through the
enforceable consent agreement (EGA)
process. Efforts to finalize the test rule
are suspended pending the outcome of
the EGA process.
Timetable:
Action
Date FR Cite
NPRM 06/25/91 56 FR 29140
Notice; Enforceable 08/00/09
Consent Agreement
Final Action To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No.
3493.3
URL For More Information:
www.epa.gov/oppt/chemtest
Agency Contact: Catherine Roman,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8172
Fax: 202 564-4765
Email: roman.catherine@epa.gov
Mike Mattheisen, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 1200 Pennsylvania Avenue
NW, Washington, DC 20460
Phone: 202 564-3077
Email: mattheisen.mike@epa.gov
RIN: 2070-AJ08
207. • LEAD; MINOR AMENDMENTS
TO THE RENOVATION, REPAIR, AND
PAINTING PROGRAM
Priority: Info./Admin./Other
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: None
Abstract: This action will make several
minor, technical amendments to the
Lead Renovation, Repair, and Painting
Program to enable OPPTS and the
Regions to implement the program
effectively. The amendments include
correcting the regulatory text to require
training providers to submit
information on successful renovator
and dust sampling technician trainees
(including digital photographs) to EPA
-------
96
Spring 2009 Regulatory Agenda
EPA—Toxic Substances Control Act (TSCA)
Proposed Rule Stage
and correcting the regulatory text to
eliminate the requirement that training
providers submit digital photographs of
successful lead-based paint activities
trainees (inspectors, risk assessors,
abatement workers/supervisors, project
designers) to EPA. These amendments
will also insert clarifying language into
the regulatory text with respect to
hands-on training requirements and the
grandfathering of previously-trained
individuals.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
04/00/09
07/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5334
URL For More Information:
http ://www. epa.gov/lead/
Agency Contact: Cindy Wheeler,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404T, Washington,
DC 20460
Phone: 202 566-0484
Email: wheeler.cindy@epa.gov
Michelle Price, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7404T, Washington, DC
20460
Phone: 202 566-0744
Email: price.michelle@epa.gov
RIN: 2070-AJ48
Environmental Protection Agency (EPA)
Toxic Substances Control Act (TSCA)
Final Rule Stage
208. CLARIFICATION ON TSCA
INVENTORY STATUS OF ACTIVATED
PHOSPHORS
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2604
CFR Citation: 40 CFR 704; 40 CFR 720
and 721; 40 CFR 723
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
2009.
Timetable:
Action
Date
FR Cite
Notice; Proposed
Clarification
Reopening of
Comment Period
Final Clarification
01/16/08 73 FR 2854
05/02/08 73 FR 24187
07/00/09
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/ 2 008/January/Day-16/t681. p df;
EPA Docket information: EPA-HQ-
OPPT-2007-0392
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
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-AJ21
209. 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
-------
Spring 2009 Regulatory Agenda
97
EPA—Toxic Substances Control Act (TSCA)
Final Rule Stage
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
11/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Energy Effects: Statement of Energy
Effects planned as required by
Executive Order 13211.
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. 4635;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
TOX/2 006/March/Day-07/t215 2 .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
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-AD58
210. ELECTRONIC
PREMANUFACTURE NOTICE (PMN)
REPORTING
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2604 and 44
USC 3504
CFR Citation: 40 CFR 700; 40 CFR 720
and 721; 40 CFR 723; 40 CFR 725
Legal Deadline: None
Abstract: EPA is finalizing
amendments to the Toxic Substances
Control Act (TSCA) section 5
Premanufacture and Significant New
Use Notification regulations to facilitate
the introduction and use of new
electronic reporting. This action will
establish standards and requirements
for the use of EPA's Central Data
Exchange (CDX), to submit
Premanufacture Notices (PMNs) and
other TSCA section 5 notices and
support documents to EPA.
Timetable:
Action
Date FR Cite
NPRM
NPRM Comment
Period End
Final Action
12/22/08 73 FR 78261
02/20/09
10/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5270;
EPA publication information: NPRM -
http ://www. epa.gov/fedrgstr/EPA-
TOX/2008/December/Day-
22/t30379.htm; EPA Docket
information: EPA-HQ-OPPT-2008-0296
URL For More Information:
www.epa.gov/oppt/newchems
Agency Contact: Loraine Passe,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7406M, Washington,
DC 20460
Phone: 202 564-9064
Email: passe.loraine@epa.gov
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-AJ41
211. 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: Section 5(a)(2) of the Toxic
Substances Control Act (TSCA)
authorizes EPA to determine that a use
of a chemical substance is a
"significant new use." After
considering all relevant factors,
including those listed in TSCA section
5(a)(2), EPA makes this determination
by promulgating Significant New Use
Rules (SNURs). These regulations
require persons who intend to
manufacture, import, or process a
chemical substance contained in a
SNUR for an activity that is designated
as a significant new use to notify EPA
at least 90 days before commencing that
activity. The required notification will
provide EPA with the opportunity to
evaluate the intended use and, if
necessary, to prohibit or limit that
activity before it occurs. For chemicals
which were the subject of
premanufacture notices (PMNs) and for
which EPA made a determination that
the manufacture, processing,
distribution, use or disposal may
present an unreasonable risk, the
Agency may issue a section 5(e)
consent order to limit these activities.
The Agency generally issues "5(e)"
SNURs to extend the controls
prescribed in these consent orders to
other manufacturers and processors by
designating the manufacture,
processing, distribution, use or disposal
of the substances without the specified
controls as significant new uses. For
chemicals which were the subject of
PMNs, EPA may also promulgate "non-
5(e) SNURs" when the Agency did not
find that the chemical's manufacture,
processing, distribution, use or
disposal, as described in the PMN,
triggered the determinations set forth
under TSCA section 5(e) but did find
that certain changes in the chemical's
manufacture, processing, distribution,
use or disposal could result in
increased exposures to or releases of
the substance. Under the Expedited
Follow-up Rule (EFUR), 40 CFR part
721, subpart D, EPA routinely issues
batch direct final section 5(e) and non-
5(e) SNURs.
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98
Spring 2009 Regulatory Agenda
EPA—Toxic Substances Control Act (TSCA)
Final Rule Stage
Timetable:
Action
Date
FR Cite
NPRM: Aromatic 06/06/94 59 FR 29255
Amino Ether
(P90-1840)
NPRM: Alkenyl Ether 12/19/94 59 FR 65289
of Alkanetriol
Polymer (93-458)
NPRM: Certain
Chemical
Substances
(91-1299/95-1667
91-129891-1297)
NPRM; Certain
Chemical
Substances —
(P01-759,
P05-555, P07-283)
Direct Final Action:
Certain Chemical
Substances, Batch
FY08-1
Final; Certain
Chemical
Substances —
(P01-759,
P05-555, P07-283)
Direct Final Action:
Certain Chemical
Substances, Batch
FY09-1
Direct Final Action,
Certain Chemical
Substances, Batch
FY09-2
Final: Certain
Chemical
Substances
(91-1299/95-1667
91-129891-1297)
Final: Akenyl Ether of
Alkanetriol Polymer
(93-458)
Final: Aromatic Amino
Ether (P90-1840)
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 3495;
EPA publication information: NPRM;
Certain Chemical Substances—(P01-
759, P05-555, P07-283) -
http://www.epa.gov/fedrgstr/EPA-
TOX/2008/June/Day-09/tl2862.pdf;
Sectors Affected: 325 Chemical
Manufacturing; 324 Petroleum and Coal
Products Manufacturing
URL For More Information:
http://www.epa.gov/opptintr/
newchems/pubs/cnosnurs.htm
Agency Contact: Karen Chu,
Environmental Protection Agency,
Office of Prevention, Pesticides and
06/26/97 62 FR 34421
06/09/08 73 FR 32508
11/05/08 73 FR 65743
05/00/09
05/00/09
06/00/09
12/00/09
06/00/10
06/00/10
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
212. SIGNIFICANT NEW USE RULE
FOR CHLORANIL
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2607 "TSCA
8"
CFR Citation: 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
03/00/1 0
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.; EPA
Docket information: EPA—HQ—
OPPT—2006—0795
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
213. 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
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Spring 2009 Regulatory Agenda
99
EPA—Toxic Substances Control Act (TSCA)
Final Rule Stage
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). This
Regulatory Agenda entry serves as a
placeholder for future rules, and, when
applicable, identifies the most recent
rules and any anticipated rules.
Timetable:
Action
Date FR Cite
Final Rule for 60th ITC 01/29/08 73 FR 5109
List
Final Action 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 60th ITC List -
http://www.epa.gov/fedrgstr/EPA-
TOX/2008/January/Day-29/tl546.pdf;
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
URL For More Information:
www.epa.gov/oppt/chemtest
Agency Contact: Gerry Brown,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8086
Fax: 202 564-4765
Email: brown.gerry@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@epa.gov
RIN: 2070-ABll
214. LEAD FISHING SINKERS;
RESPONSE TO CITIZENS PETITION
AND PROPOSED BAN
Priority: Info./Admin./Other
Legal Authority: 15 USC 2605 "TSCA
6"
CFR Citation: 40 CFR 745
Legal Deadline: None
Abstract: In 1991, EPA issued an
advance notice of proposed rulemaking
in response to a citizen's petition filed
by the Environmental Defense Fund
(EOF), Federation of Fly Fishers,
Trumpeter Swan Society, and North
American Loon Fund under section 21
of the Toxic Substances Control Act
(TSCA), and the Administrative
Procedure Act (APA). The petition
asked EPA 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. In
1994, EPA 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 1994
proposal.
Timetable:
Action
Date FR Cite
05/13/91 56 FR 22096
03/09/94 59 FR 11122
08/00/09
ANPRM
NPRM
Notice: Withdrawal of
NPRM
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
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: 202 566-0471
Email: cantor.doreen@epa.gov
Julie Simpson, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7404T, Washington, DC
20460
Phone: 202 566-1980
Fax: 202 566-0471
Email: simpson.julie@epa.gov
RIN: 2070-AC21
Environmental Protection Agency (EPA)
Toxic Substances Control Act (TSCA)
Long-Term Actions
215. ASBESTOS MODEL
ACCREDITATION PLAN REVISIONS
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2646 "TSCA
206"
CFR Citation: 40 CFR 763
Legal Deadline: None
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
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
ASHARA. This interim final rule
satisfied the statutory deadline. EPA
will continue to consider finalizing the
MAP rule and/ or promulgating
regulatory revisions to sunset current
EPA MAP accreditations granted to
training providers.
Timetable:
Action
Date
FR Cite
Model Plan
05/13/92 57 FR 20438
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Spring 2009 Regulatory Agenda
EPA—Toxic Substances Control Act (TSCA)
Long-Term Actions
Action
Date FR Cite
Interim Final Action
Final Action
02/03/94 59 FR 5236
09/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
State, Local, 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@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
216. TSCA INVENTORY
NOMENCLATURE FOR ENZYMES AND
PROTEINS
Priority: Info./Admin./Other
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
05/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4878;
EPA publication information: ANPRM
- http://www.epa.gov/fedrgstr/EPA-
TOX/2004/November/Day-
15/t25307.htm; EPA Docket
information: EPA-HQ-OPPT-2003-0058
Agency Contact: Greg Fritz,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8583
Fax: 202 564-9490
Email: fritz.greg@epa.gov
Loraine Passe, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7406M, Washington, DC
20460
Phone: 202 564-9064
Email: passe.loraine@epa.gov
RIN:2070-AJ04
217. 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
Resource Conservation and Recovery.
Any petitions for exemptions to
manufacture PCBs other than 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. As a
result of a public hearing, EPA
forwarded a number of questions to
Veolia to assist in clarifying material
substantive to a rulemaking. Due to
time constraints placed on the facility
personnel from Hurricane Ike recovery
efforts, Veolia has not yet responded
to the questions. Additionally, EPA is
still gathering additional information to
ensure a complete and accurate record
for the rulemaking.
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 To Be Determined
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.
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:
wf\vwr.epa.gov/pcb
Agency Contact: William Noggle,
Environmental Protection Agency,
Solid Waste and Emergency Response,
7404T, Washington, DC 20460
Phone: 703 347-8769
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Spring 2009 Regulatory Agenda
101
EPA—Toxic Substances Control Act (TSCA)
Long-Term Actions
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
218. 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 Regulatory
Agenda 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 To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
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@epa.gov
Lynn Vendinello, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7404T, Washington, DC
20460
Phone: 202 566-0514
Email: vendinello.lynn@epa.gov
Related RIN: Previously reported as
2070-AB20
RIN: 2070-AJ39
219. SIGNIFICANT NEW USE RULES
(SNURS); FOLLOW-UP RULES ON
NON-5(E) NEW CHEMICAL
SUBSTANCES
Priority: Routine and Frequent
Legal Authority: 15 USC 2604
CFR Citation: 40 CFR 721
Legal Deadline: None
Abstract: Section 5(a)(2) of the Toxic
Substances Control Act (TSCA)
authorizes EPA to determine that a use
of a chemical substance is a
"significant new use." After
considering all relevant factors,
including those listed in TSCA section
5(a)(2), EPA makes this determination
by promulgating Significant New Use
Rules (SNURs). These regulations
require persons who intend to
manufacture, import, or process a
chemical substance contained in a
SNUR for an activity that is designated
as a significant new use to notify EPA
at least 90 days before commencing that
activity. The required notification will
provide EPA with the opportunity to
evaluate the intended use and, if
necessary, to prohibit or limit that
activity before it occurs. For chemicals
which were the subject of
premanufacture notices (PMNs), EPA
may promulgate "non-5 (e) SNURs"
when the Agency did not find that the
chemical's manufacture, processing,
distribution, use or disposal, as
described in the PMN, triggered the
determinations set forth under TSCA
section 5(e) but did find that certain
changes in the chemical's manufacture,
processing, distribution, use or disposal
could result in increased exposures to
or releases of the substance. Under the
Expedited Follow-up Rule (EFUR), 40
CFR part 721, Subpart D, EPA routinely
issues batch direct final section 5(e)
and non-5 (e) SNURs. This Regulatory
Agenda action addresses those
chemicals that were subject to a
proposed SNUR prior to the effective
date of the EFUR or which do not
qualify under the EFUR.
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
Carboxymethyl
cellulose
Final: 84-1056 06/00/10
Final: 86-566 06/00/10
Final: Aluminum 06/00/10
Cross-linked
Sodium
Carboxymethyl
cellulose
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 1976
Sectors Affected: 325 Chemical
Manufacturing; 324 Petroleum and Coal
Products Manufacturing
URL For More Information:
http://www.epa.gov/opptintr/
newchems/pubs/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
220. FOLLOW-UP RULES ON
EXISTING CHEMICALS
Priority: Routine and Frequent
Legal Authority: 15 USC 2604 "TSCA
5"; 15 USC 2607 "TSCA 8"
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102
Spring 2009 Regulatory Agenda
EPA—Toxic Substances Control Act (TSCA)
Long-Term Actions
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:2,4 09/27/89 54 FR 39548
Pentanedione
NPRM: Heavy Metals 01/15/02 67 FR 1937
Final: 2,4 12/00/10
Pentanedione
Final: Heavy Metals 12/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
Local, State
Additional Information: SAN No. 1923
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
Agency Contact: Diane Sheridan,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8176
Fax: 202 564-4775
Email: sheridan.diane@epa.gov
Amy Breedlove, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7405M, Washington, DC
20460
Phone: 202 564-9823
Fax: 202 564-4775
Email: breedlove.amy@epa.gov
RIN: 2070-AA58
221. 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 a larger
group called synthetic vitreous fibers
(SVFs). RCFs are made by either
"spinning" or "blowing" and are used
primarily for high temperature
industrial insulation purposes (e.g.,
furnaces, heaters, kilns) in addition to
automotive applications, aerospace
uses, and in certain other industrial
applications. As chemicals of potential
concern are identified, EPA will initiate
rulemakings under the Toxic
Substances Control Act (TSCA) when
appropriate, to require reporting by the
manufacturers, importers and/or
processors of these chemicals.
Timetable:
Action
Date FR Cite
NPRM Original
Final Action
03/21/94 59 FR 13294
04/00/10
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@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@epa.gov
RIN: 2070-AC37
222. • MERCURY; REGULATION OF
USE IN CERTAIN PRODUCTS
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2605
CFR Citation: 40 CFR 750
Legal Deadline: None
Abstract: Mercury is well-documented
as a toxic, environmentally persistent
substance that demonstrates the ability
to bioaccumulate and to be
atmospherically transported on a local,
regional, and global scale. In addition,
mercury can be environmentally
transformed into methylmercury which
biomagnifies and is highly toxic. EPA
has conducted a preliminary analysis
via the Risk-Based Prioritization of
Mercury in Certain Products. By
compiling data pertaining to the stated
costs, advantages, and disadvantages
associated with mercury-free
alternatives to certain mercury-
containing products, EPA made a
preliminary judgment that effective and
economically feasible alternatives exist.
These products include switches,
relays/contactors, flame sensors, button
cell batteries, and measuring devices
(e.g., non-fever thermometers,
manometers, barometers, pyrometers,
flow meters, and
psychrometers/hygrometers). Therefore,
EPA is evaluating whether an action (or
combination of actions) under TSCA
section 6(a) is appropriate for mercury
used in such products. As appropriate,
such an action(s) would involve a
group(s) of these products. Specifically,
EPA will determine whether the
continued use of mercury in one or
more of these products would pose an
unreasonable risk to human health and
the environment.
Timetable:
Action
Date
FR Cite
NPRM
12/00/10
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: None
Additional Information: SAN No. 5312
Agency Contact: Thomas Groeneveld,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404T, Washington,
DC 20460
Phone: 202 566-1188
Fax: 202 566-0469
Email: groeneveld.thomas@epa.gov
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Spring 2009 Regulatory Agenda
103
EPA—Toxic Substances Control Act (TSCA)
Long-Term Actions
Lynn Vendinello, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7404T, Washington, DC
20460
Phone: 202 566-0514
Email: vendinello.lynn@epa.gov
RIN: 2070-AJ46
223. 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 determining
appropriate action on its October 20,
2006 proposal to develop a test rule
under section 4(a) of the Toxic
Substances Control Act (TSCA) to
require testing for certain chemicals to
fulfill data needs identified by the
Agency for the Toxic Substances and
Disease Registry (ATSDR) and that are
on the ATSDR/EPA Priority List of
Hazardous Substances, which is
compiled under the Comprehensive
Environmental Response,
Compensation, and Liability Act
(CERCLA) section 104(i). The test rule
proposed by EPA included a
requirement that manufacturers
(including importers) and processors of
4 chemical substances (chloroethane,
hydrogen cyanide, methylene chloride,
and sodium cyanide) conduct testing
for certain health effects relating to the
manufacture, distribution in commerce,
processing, use, or disposal of these
substances. The proposal explained that
data obtained under the testing program
would be used by ATSDR in the
development of health assessments of
populations living near Superfund sites
as well as for assessing residual risks
under section 112(f) of the Clean Air
Act (CAA) after maximum achievable
control technology (MACT) standards
have been imposed under section
112 (d) of the CAA.
Timetable:
Action
NPRM
NPRM Extension of
Comment Period
Final Action
Date FR Cite
10/20/06 71 FR61926
12/18/06 71 FR 75704
08/00/1 0
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 2563;
EPA publication information: NPRM -
http ://www. epa.gov/fedrgstr/EPA-
AIR/2006/October/Day-20/al7569.htm;
EPA Docket information: EPA-HQ-
OPPT-2002-0073
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
URL For More Information:
www.epa.gov/oppt/chemtest
Agency Contact: Robert Jones,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8161
Fax: 202 564-4765
Email: jones.robert@epa.gov
Mike Mattheisen, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 1200 Pennsylvania Avenue
NW, Washington, DC 20460
Phone: 202 564-3077
Email: mattheisen.mike@epa.gov
RIN: 2070-AB79
224. 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: Victoria Van Roden,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-4253
Fax: 202 564-4765
Email: vanroden.victoria@epa.gov
RIN: 2070-AB94
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104
Spring 2009 Regulatory Agenda
EPA—Toxic Substances Control Act (TSCA)
Long-Term Actions
225. 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). Among other
things, 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. The primary purpose of the
testing proposed in this rule is to assist
EPA's Office of Air and Radiation by
requiring data to be developed under
TSCA section 4 that could be applied
to a determination of residual risk for
the subject chemicals. In some cases,
a proposed test rule may prompt
voluntary testing. As the need for
testing certain chemicals has changed,
EPA is considering the need for a
reproposal.
Timetable:
Action
Date FR Cite
06/26/96 61 FR 33178
12/24/97 62 FR 67466
04/21/98 63 FR 19694
NPRM
Supplemental NPRM
Supplemental NPRM
2
NPRM—Reproposal 09/00/11
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
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-AC76
226. TEST RULE; MULTIPLE
SUBSTANCE RULE FOR THE
TESTING OF DEVELOPMENTAL AND
REPRODUCTIVE TOXICITY
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603 "TSCA
4"; 15 USC 2625 "TSCA 26"
CFR Citation: 40 CFR 790 to 799; 40
CFR 704
Legal Deadline: None
Abstract: On March 4, 1991, EPA
issued a proposed TSCA section 4 Test
Rule to require testing of 12 chemicals
for developmental and/or reproductive
effects. Since issuing that proposed
rule, 11 of the subject chemical
substances have been sponsored under
the international OECD HPV Screening
Information Data Set (SIDS) Program,
EPA's voluntary HPV Chemical
Challenge Program, and/or the
International Council of Chemical
Associations (ICCA). Information
obtained under these various data
collection/development programs will
be used to inform EPA's decision
regarding the need to re-propose and
ultimately finalize this TSCA section 4
Test Rule for some or all of the subject
chemicals and for which endpoints
they should be tested.
Action
Government Levels Affected: Federal Timetable:
Additional Information: SAN No. 3487;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
TOX/1996/June/Day-2 6/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: 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@epa.gov
Date
FR Cite
NPRM—Original 03/04/9156 FR 9092
NPRM—Reproposal To Be Determined
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@epa.gov
Mike Mattheisen, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 1200 Pennsylvania Avenue
NW, Washington, DC 20460
Phone: 202 564-3077
Email: mattheisen.mike@epa.gov
RIN: 2070-AD44
227. TESTING AGREEMENT FOR
ARYL PHOSPHATES (ITC LIST 2)
Priority: Info./Admin./Other
Legal Authority: 15 USC 2603 TSCA
4
CFR Citation: 40 CFR 790 to 799
Legal Deadline: None
Abstract: EPA published a proposed
TSCA section 4 test rule in 1992
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. EPA plans to evaluate the
completion of the industry's
-------
Spring 2009 Regulatory Agenda
105
EPA—Toxic Substances Control Act (TSCA)
Long-Term Actions
commitments under the HPV Challenge
Program in FY09. After that review,
EPA will evaluate the need for any
additional testing of the subject aryl
phosphate base stocks under an EGA
or rulemaking.
Timetable:
Timetable:
Timetable:
Action
Date FR Cite
Action
Date FR Cite
Action
Date FR Cite
ANPRM 12/29/83 48 FR 57452
NPRM 01/17/92 57 FR 2138
Notice: Enforcable To Be Determined
Consent Agreement
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: Mike Mattheisen,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 1200 Pennsylvania
Avenue NW, Washington, DC 20460
Phone: 202 564-3077
Email: mattheisen.mike@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@epa.gov
RIN: 2070-AJ07
228. • TEST RULE; MULTIWALL
CARBON NANOTUBES
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603(a)
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: A TSCA section 4(a) test rule
may be needed to determine the health
effects of multiwall carbon nanotubes.
The results of the tests that could be
required under this rule could assist
EPA in understanding the health effects
of the substance to manage/minimize
any potential risk and exposure. Results
could also help with establishing a
correlation between the
chemical/physical properties and
health effects needed to protect the
health of workers handling the
substance.
NPRM
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 5313
URL For More Information:
http://www.epa.gov/opptintr/chemtest/
index.htm
Agency Contact: Zofia Kosim,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8733
Fax: 202 564-9490
Email: kosim.zofia@epa.gov
Jim Alwood, Environmental Protection
Agency, Office of Prevention, Pesticides
and Toxic Substances, 7405M,
Washington, DC 20460
Phone: 202 564-8974
Email: alwood.jim@epa.gov
RIN:2070-AJ47
229. TSCA SECTION 8(A)
PRELIMINARY ASSESSMENT
INFORMATION RULES
Priority: Routine and Frequent
Legal Authority: 15 USC 2607(a)
"TSCA 8(a)"
CFR Citation: 40 CFR 712
Legal Deadline: None
Abstract: These rules add chemicals to
the list of chemicals and designated
mixtures subject to the requirements of
the Toxic Substances Control Act
section 8(a) Preliminary Assessment
Information Rule (40 CFR part 712).
These chemicals have been identified
by the Office of Pollution Prevention
and Toxics, other EPA offices, and
other Federal agencies, as well as
recommended for testing consideration
by the Interagency Testing Committee.
Manufacturers and importers are
required to submit exposure-related
data (EPA Form No. 7710-35) on the
chemicals. The data will be used to
monitor the levels of production,
import and/or processing of the
identified substances and the avenues
of human and environmental exposure
to these substances. This Regulatory
Agenda entry identifies the most recent
rules and any anticipated rules.
08/16/06 71 FR 47122
To Be Determined
Final Rule for 55th,
56th and 58th ITC
Lists
Final Action - Next
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
- 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:
http://www.epa.gov/oppt/chemtest
Agency Contact: Gerry Brown,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8086
Fax: 202 564-4765
Email: brown.gerry@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@epa.gov
RIN: 2070-AB08
230. 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: None
Abstract: The Residential Lead-Based
Paint Hazard Reduction Act of 1992
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106
Spring 2009 Regulatory Agenda
EPA—Toxic Substances Control Act (TSCA)
Long-Term Actions
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
10/00/10
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 4376
Sectors Affected: 23411 Highway and
Street Construction; 611519 Other
Technical and Trade Schools
URL For More Information:
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
Email: wheeler.cindy@epa.gov
Michelle Price, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7404T, Washington, DC
20460
Phone: 202 566-0744
Email: price.michelle@epa.gov
RIN: 2070-AC64
231. LEAD-BASED PAINT;
AMENDMENTS TO THE
REQUIREMENTS FOR DISCLOSURE
OF KNOWN LEAD-BASED PAINT OR
LEAD-BASED PAINT HAZARDS IN
TARGET HOUSING
Priority: Other Significant
Legal Authority: 42 USC 4852d
CFR Citation: 40 CFR 745.100; 40 CFR
745.101; 40 CFR 745.102; 40 CFR
745.103; 40 CFR 745.107; 40 CFR
745.110; 40 CFR 745.113; 40 CFR
745.115; 40 CFR 745.118; 40 CFR
745.119
Legal Deadline: None
Abstract: EPA intends to amend
existing requirements to clarify to
which target housing transactions the
rule applies; add or clarify definitions
of important terms; clarify the
disclosure responsibilities of agents;
clarify what information must be
disclosed; clarify recordkeeping
requirements to support enforcement;
and amend existing regulatory text to
resolve some inconsistent
interpretations and to incorporate
interpretations that have been issued
through guidance. Small businesses and
state/local/tribal governments that sell
or lease target housing will be affected
in that they will need to become
familiar with new/revised requirements
that apply to these transactions.
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
Email: wfheeler.cindy@epa.gov
RIN: 2070-AD64
232. TSCA POLICY STATEMENT ON
OVERSIGHT OF TRANSGENIC
ORGANISMS (INCLUDING PLANTS)
Priority: Substantive, Nonsignificant
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 is
considering whether to address TSCA
oversight of transgenic plants and other
organisms. Recent information indicates
that transgenic plants and other
organisms are being developed for uses
which appear to be subject to TSCA
jurisdiction. For example, plants are
being genetically modified to produce
industrial grade, rather than food grade,
oils. Many of these plants are subject
to oversight by the Animal and Plant
Health Inspection Service (APHIS) of
the U.S. Department of Agriculture
while being tested in the environment.
Following APHIS approval of a petition
for non-regulated status filed pursuant
to APHIS' regulations implementing the
Federal Plant Pest Act at 7 CFR part
340, however, these plants cease to be
subject to regulation by USDA.
Additionally, transgenic animals that
are not under the jurisdiction of FDA
appear to be subject to TSCA. Such
animals may be genetically improved
livestock for commercial purposes. The
policy statement would address
whether EPA should exercise
jurisdiction under TSCA over such
transgenic organisms prior to their
commercial use.
Timetable:
Action
Date
FR Cite
NPRM To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Organizations
Government Levels Affected: Federal
-------
Spring 2009 Regulatory Agenda
107
EPA—Toxic Substances Control Act (TSCA)
Long-Term Actions
Additional Information: SAN No. 4598 Timetable:
Agency Contact: Greg Schweer,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8469
Fax: 202 564-9490
Email: schweer.greg@epa.gov
RIN: 2070-AD53
233. 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: Other, Statutory,
October 16, 2008, Response to section
21 Petition says we will issue this
ANPRM in the Fall of 2008.
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 issued
an advance notice of proposed
rulemaking (ANPRM) on December 3,
2008. The ANPRM process sought to
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. EPA also plans to conduct
an industry survey and initiate
development of an exposure assessment
and an irritation hazard
characterization that could be used for
evaluating emissions standards or other
approaches. Subsequently, EPA plans
to develop an irritation risk assessment
and will analyze potential costs and
benefits. At the conclusion of this
work, EPA's Office of Prevention,
Pesticides, and Toxic Substances
(OPPTS) anticipates determining
whether it should take action, which
may include action under TSCA, or
through 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.
Action
Date FR Cite
ANPRM 12/03/08 73 FR 73621
ANPRM: Extension of 01/30/09 74 FR 5632
Comment Period
NPRM To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected:
Undetermined
Federalism: Undetermined
Additional Information: SAN No. 5287;
EPA publication information: ANPRM
- http://www.epa.gov/fedrgstr/EPA-
TOX/2008/December/Day-
03/t28585.pdf; EPA Docket information:
EPA-HQ-OPPT-2008-0627
Agency Contact: Cindy Wheeler,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7404T, Washington,
DC 20460
Phone: 202 566-0484
Email: wfheeler.cindy@epa.gov
Lynn Vendinello, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7404T, Washington, DC
20460
Phone: 202 566-0514
Email: vendinello.lynn@epa.gov
RIN:2070-AJ44
234. • TSCA SECTION 13
AMENDMENT: ELECTRONIC
REPORTING OF TSCA CHEMICAL
IMPORT DATA IN THE AUTOMATED
COMMERCIAL ENVIRONMENT (ACE)
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2612
CFR Citation: 40 CFR 707
Legal Deadline: Other, Statutory, June
30, 2010, Based on projected timelines
developed by GBP, the ACE database
should be ready to collect TSCA import
data in 2010.
Abstract: OPPTS will consult with
Customs and Border Protection (CBP),
in the Department of Homeland
Security, regarding promulgation of
regulations by CBP to require electronic
reporting in the Automated Commercial
Environment (ACE) of the TSCA
certification statement and chemical
identification data needed to verify the
legality of importation of chemical
substances subject to TSCA. ACE is a
data base being designed by CBP that
will serve as a single portal for the
electronic collection and processing of
all data required by any federal agency
pertaining to the importation of
commodities into, and their exportation
from, the U.S. CBP will test the
electronic collection of such data in
ACE under the National Customs
Automation Program (19 U.S.C. 1411;
19 CFR 101.9). Subsequently, the TSCA
section 13 regulations (19 CFR 12.118
through 12.127, and 127.28) would be
amended to require electronic reporting
by importers into ACE of TSCA
certification statements among
potentially other data (e.g., certain
chemical identification data) needed to
facilitate the verification of the legality
of imports shipments comprised of
chemical substances subject to TSCA.
Other amendments to the regulations
(e.g., relating to detention of shipments)
may also result from the review. TSCA
section 13 regulations are promulgated
by CBP, in consultation with EPA.
Congress has mandated participation in
the International Trade Data System
(ITDS) through passage of the SAFE
Port Act in October 2006. The ITDS
Program is a government-wide program
managed by CBP to assist every federal
agency that has import/export
responsibilities to integrate their
requirements into ACE. Participation in
the ITDS Program has also been
recommended by the Import Safety
Working Group (ISWG), established
under Executive Order No. 13439 (July
18, 2007). The TSCA program is one
of six EPA programs whose import
requirements are being integrated into
ACE.
Timetable:
Action
Date
FR Cite
NPRM
06/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 5305
URL For More Information:
wfwfwf.itds.gov
Agency Contact: David Giamporcaro,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7408M, Washington,
DC 20460
Phone: 202 564-8107
Email: giamporcaro.david@epa.gov
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108
Spring 2009 Regulatory Agenda
EPA—Toxic Substances Control Act (TSCA)
Long-Term Actions
Nancy Wilson, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7404T, Washington, DC
20460
Phone: 202 564-8824
Email: wlson.nancyh@epa.gov
RIN: 2070-AJ50
Environmental Protection Agency (EPA)
Toxic Substances Control Act (TSCA)
Completed Actions
235. LEAD-BASED PAINT ACTIVITIES;
FEES FOR ACCREDITATION OF
TRAINING PROGRAMS AND
CERTIFICATION OF LEAD-BASED
PAINT ACTIVITIES CONTRACTORS
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2682(a)(3) and
CFR Citation: 40 CFR 745.92
Legal Deadline: Other, Statutory,
March 13, 2009, For AD Signature.
Required to ensure publication no later
than March 20, 2009.
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
Final Action
08/21/08 73 FR 49378
03/20/09 74 FR 11863
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Local,
State, Tribal
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@epa.gov
Cindy Wheeler, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 7404T, Washington, DC
20460
Phone: 202 566-0484
Email: wfheeler.cindy@epa.gov
RIN:2070-AJ40
236. SIGNIFICANT NEW USE RULE
(SNUR); SELECTED FLAME
RETARDANT CHEMICAL
SUBSTANCES FOR USE IN
RESIDENTIAL UPHOLSTERED
FURNITURE
Priority: Info./Admin./Other
Legal Authority: 15 USC 2604 "TSCA
5"
CFR Citation: 40 CFR 704; 40 CFR 721;
40 CFR 707; 40 CFR 710
Legal Deadline: None
Abstract: On March 4, 2008, the
Consumer Product Safety Commission
(CPSC) issued a notice of proposed
rulemaking (73 FR 11702) on a new
mandatory standard to address
residential upholstered furniture fires.
In a pre-publication press release, CPSC
stated that under the proposal,
manufacturers could meet the
performance standard by using
smolder-resistant cover fabrics or
interior fire resistant barriers to protect
the furniture's internal filling material,
which is the primary fuel in an
upholstered furniture fire. CPSC's
objective is to reduce the fire risk in
upholstered furniture without requiring
the use of fire retardant chemical
additives. Manufacturers will not be
required to use chemicals to meet the
proposed standard. In its environmental
assessment, CPSC staff projects most
manufacturers and importers would
likely choose options that do not
involve fire-retardants in fabrics or
filling materials. Therefore, EPA has
decided that there is no longer a need
to continue work on this Significant
New Use Rule.
Timetable:
Action
Date
FR Cite
Withdrawn
02/26/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4512
Sectors Affected: 325 Chemical
Manufacturing; 313 Textile Mills;
337121 Upholstered Household
Furniture Manufacturing
Agency Contact: John Bowser,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8082
Fax: 202 564-4775
Email: bowser.john@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
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Spring 2009 Regulatory Agenda
109
EPA—Toxic Substances Control Act (TSCA)
Completed Actions
237. VOLUNTARY CHILDREN'S
CHEMICAL EVALUATION PROGRAM
(VCCEP)
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2601 et seq
(TSCA)
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: This is a voluntary program
to evaluate commercial chemicals to
which children may have a high
likelihood of exposure. Designed with
extensive stakeholder participation, the
purpose of this voluntary program is
to obtain toxicity and exposure data
needed to assess the risk of childhood
exposure to commercial chemicals. EPA
launched a pilot of this program on
December 26, 2000. Manufacturers of
20 of the 23 pilot chemicals have
volunteered to sponsor their chemicals
in tier 1 of the pilot. A 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, with 2 more chemicals pending.
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. With the
pilot nearing completion, EPA intends
to remove this entry from the Agenda.
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
Withdrawn 03/26/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4876;
EPA publication information: Notice:
Initiation of Stakeholder Process &
Public Meeting -
http ://www. epa.gov/fedrgstr/EPA-
GENERAL/1999/August/Day-
26/g22203.htm;
www.epa.gov/chemrtk/vccep/
index.htm; EPA Docket information:
EPA-HQ-OPPT-2006-0341
Sectors Affected: 325 Chemical
Manufacturing; 32411 Petroleum
Refineries
URL For More Information:
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@epa.gov
RIN: 2070-AC27
238. TEST RULE; CERTAIN METALS
Priority: Info./Admin./Other
Legal Authority: 15 USC 2603 "TSCA
4"; 15 USC 2625 "TSCA 26"
CFR Citation: 40 CFR 790-799
Legal Deadline: None
Abstract: To fulfill data needs
identified by the Agency for Toxic
Substances and Disease Registry, EPA
began coordination of an evaluation of
the data needs for assessing potential
adverse effects 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. Since there
has been no activity and there is no
longer a need for such an assessment
at this time, this action, which was a
component of ATSDR's research
program, is being withdrawn.
Timetable:
Action
Date
FR Cite
Withdrawn
02/26/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
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 Jones,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 7405M, Washington,
DC 20460
Phone: 202 564-8161
Fax: 202 564-4765
Email: jones.robert@epa.gov
Mike Mattheisen, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 1200 Pennsylvania Avenue
NW, Washington, DC 20460
Phone: 202 564-3077
Email: mattheisen.mike@epa.gov
RIN: 2070-AD10
239. VOLUNTARY HIGH PRODUCTION
VOLUME (HPV) CHEMICAL
CHALLENGE PROGRAM
Priority: Other Significant
Legal Authority: 15 USC 2601 et seq
(TSCA)
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: One of the key components
of the Chemical Right-to-Know
(ChemRTK) Initiative is the HPV
Challenge Program. The goal of this
program is to ensure that a baseline set
of health and environmental effects
data on approximately 2,800 high
production volume (HPV) chemicals is
made available to EPA and the public.
U.S. HPV chemicals are industrial
chemicals that are manufactured or
imported into the United States in
volumes of 1 million pounds or more
per year. U.S. Manufacturers and
importers of HPV chemicals were
invited to voluntarily sponsor
chemicals in the HPV Challenge
Program. Sponsorship entails the
identification and initial assessment of
the adequacy of existing information,
the conduct of new testing only if
adequate information does not exist,
and making the new and existing test
-------
110
Spring 2009 Regulatory Agenda
EPA—Toxic Substances Control Act (TSCA)
Completed Actions
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
sections 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
Withdrawn
12/26/00 65 FR 81686
03/27/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal
Additional Information: SAN No. 4176;
EPA publication information: Notice;
Announces Program -
http://www.epa.gov/fedrgstr/EPA-
TOX/2000/December/Day-
26/t32497.pdf; See also items identified
under the following RINs 2070-AD09;
2070-AD38; RIN 2070-AD16; RDM 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
240. TESTING AGREEMENT FOR
CERTAIN OXYGENATED FUEL
ADDITIVES
Priority: Info./Admin./Other
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), requested that the Office of
Pollution Prevention and Toxics
(OPPT) work with OAR to potentially
solicit interested parties to develop an
Enforceable Consent Agreement (EGA)
under section 4 of TSCA to obtain
health effects data on a number of
Oxygenated Fuel Additives (OFAs).
Since there has been no activity and
no further needs identified by OAR at
this time, this action is being
withdrawn.
Timetable:
Action
Date
FR Cite
Withdrawn
02/26/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
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@epa.gov
Mike Mattheisen, Environmental
Protection Agency, Office of
Prevention, Pesticides and Toxic
Substances, 1200 Pennsylvania Avenue
NW, Washington, DC 20460
Phone: 202 564-3077
Email: mattheisen.mike@epa.gov
RIN: 2070-AD28
241. TESTING AGREEMENT FOR
PERFLUOROOCTANOIC ACID (PFOA)
Priority: Other Significant
Legal Authority: 15 USC 2603 "TSCA
4"
CFR Citation: 40 CFR 790 to 799
Legal Deadline: None
Abstract: PFOA is a synthetic (man-
made) chemical that does not occur
naturally in the environment. EPA
identified data gaps regarding the
sources and exposure pathways of
PFOA and is seeking additional data
concerning the potential relationship
between fluoropolymer and
fluorotelomer based polymer chemicals
and PFOA. EPA has invited interested
parties to monitor and participate in
negotiations for developing several
industry sponsored testing programs
concerning fluoropolymers and
fluorotelomer based polymers which
may metabolize or degrade to PFOA.
These testing programs may 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. At this time, all
MOUs and EGAs are complete.
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
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No.
3493.1; EPA publication information:
Final: EGA and CO for Fluorotelomer -
based Polymer Chemicals Incineration
- http://www.epa.gov/fedrgstr/EPA-
TOX/2005/July/Day-08/tl3492.htm;
-------
Spring 2009 Regulatory Agenda
111
EPA—Toxic Substances Control Act (TSCA)
Completed Actions
EPA Docket information: EPA-HQ-
OPPT-2003-0012
URL For More Information:
http://www.epa.gov/oppt/pfoa/
index.htm
Agency Contact: Mike Mattheisen,
Environmental Protection Agency,
Office of Prevention, Pesticides and
Toxic Substances, 1200 Pennsylvania
Avenue NW, Washington, DC 20460
Phone: 202 564-3077
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
242. 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: EPA proposed health effects
testing under TSCA section 4(a) for a
number of hazardous air pollutants
("HAPs"), including diethanolamine
(61 FR 33178, June 26, 1996 (FRL-4869-
1), as amended by 62 FR 67466,
December 24, 1997 (FRL-5742-2). In the
proposed HAPs test rule, as amended,
EPA invited the submission of
proposals for developing needed HAPs
data via Enforceable Consent
Agreements (EGAs). Although EPA will
not be pursuing further development of
a separate EGA for diethanolamine at
this time, this chemical will remain
included as part of the original
proposed test rule, which is identified
separately under RIN 2070-AC76.
Timetable:
Action
Date
FR Cite
Withdrawn 02/26/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No.
3493.4
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, 1200 Pennsylvania Avenue
NW, Washington, DC 20460
Phone: 202 564-3077
Email: mattheisen.mike@epa.gov
RIN:2070-AJ09
243. HAPS TESTING AGREEMENT
FOR HYDROGEN FLUORIDE
Priority: Info./Admin./Other
Legal Authority: 15 USC 2603 "TSCA
4"
CFR Citation: 40 CFR 790 to 799
Legal Deadline: None
Abstract: 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 Enforceable Consent
Agreements (EGAs). Although EPA will
not be pursuing further development of
a separate EGA for hydrogen fluoride
at this time, this chemical will remain
included as part of the original
proposed test rule, which is identified
separately under RIN 2070-AC76.
Timetable:
Action
Date
FR Cite
Withdrawn 02/26/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
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
244. HAPS TESTING AGREEMENT
FOR PHTHALIC ANHYDRIDE
Priority: Info./Admin./Other
Legal Authority: 15 USC 2603 "TSCA
4"
CFR Citation: 40 CFR 790 to 799
Legal Deadline: None
Abstract: 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 Enforceable Consent
Agreements (EGAs). Although EPA will
not be pursuing further development of
a separate EGA for phthalic anhydride
at this time, this chemical will remain
included as part of the original
proposed test rule, which is identified
separately under RIN 2070-AC76.
Timetable:
Action
Date FR Cite
Withdrawn 02/26/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
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, 1200 Pennsylvania Avenue
NW, Washington, DC 20460
Phone: 202 564-3077
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112
Spring 2009 Regulatory Agenda
EPA—Toxic Substances Control Act (TSCA)
Completed Actions
Email: mattheisen.mike@epa.gov
RIN: 2070-AJll
245. HAPS TESTING AGREEMENT
FOR MALEIC ANHYDRIDE
Priority: Info./Admin./Other
Legal Authority: 15 USC 2603 "TSCA
4"
CFR Citation: 40 CFR 790 to 799
Legal Deadline: None
Abstract: 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 Enforceable Consent
Agreements (EGAs). Although EPA will
not be pursuing further development of
a separate EGA for maleic anhydride
at this time, this chemical will remain
included as part of the original
proposed test rule, which is identified
separately under RDM 2070-AC76.
Timetable:
Action
Date
FR Cite
Withdrawn 02/26/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No.
3493.6
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, 1200 Pennsylvania Avenue
NW, Washington, DC 20460
Phone: 202 564-3077
Email: mattheisen.mike@epa.gov
RIN: 2070-AJ13
Environmental Protection Agency (EPA)
Emergency Planning and Community Right—to—Know Act (EPCRA)
Proposed Rule Stage
246. 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 (TPQ) for chemicals
on the Extremely Hazardous Substances
(EHS) List that are handled as solids
in solution. The current TPQ for solids
in solution is based on the assumption
that the entire quantity of the solid
chemical at a facility could potentially
be released to air in event of an
accident. EPA is considering a rule
proposing revisions to 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). EPA intends to
evaluate various experimental data for
accidental air releases of solutions
containing solid chemicals when
developing revised TPQs. EPA is also
considering 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
12/00/09
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
247. 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
12/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
-------
Spring 2009 Regulatory Agenda
113
EPA—Emergency Planning and Community Right—to—Know Act (EPCRA)
Proposed Rule Stage
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:
wrwrwf.epa.gov/fri
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
Nicole Paquette, Environmental
Protection Agency, Office of
Environmental Information, 2842T,
Washington, DC 20460
Phone: 202 566-0642
Fax: 202 566-0677
Email: paquette.nicole@epamail.epa.gov
RIN: 2025-AA19
248. CLARIFY TRI REPORTING
OBLIGATIONS UNDER EPCRA
SECTION 313 FOR THE METAL
MINING ACTIVITIES OF EXTRACTION
AND BENEFICIATION
Priority: Other Significant. Major status
under 5 USC 801 is undetermined.
Legal Authority: 42 USC 11001 et seq
CFR Citation: 40 CFR 372
Legal Deadline: None
Abstract: The Toxics Release Inventory
(TRI) currently requires reporting from
metal mining facilities if they
manufacture or process 25,000 pounds
or more of a listed chemical or
otherwise use 10,000 pounds or more
of a listed chemical. These mining
facilities engage in the removal of
naturally occurring materials from the
earth. EPA had considered naturally
occurring materials to be manufactured
by natural processes. A recent court
order set aside EPA's interpretation of
manufacture in the mining context,
stating that naturally occurring ores in
situ have not been 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:
wrwrwr.epa.gov/fri
Agency Contact: Steve DeVito,
Environmental Protection Agency,
Office of Environmental Information,
2844T, Washington, DC 20460
Phone: 202 566-0755
Fax: 202 566-0741
Email: devito.steve@epamail.epa.gov
Ingrid Rosencrantz, Environmental
Protection Agency, Office of
Environmental Information, 2844T,
Washington, DC 20460
Phone: 202 566-0961
Fax: 202 566-0741
Email:
rosencrantz.ingrid@epamail.epa.gov
RIN: 2025-AAll
249. TOXICS RELEASE INVENTORY
(TRI) ARTICLES EXEMPTION
CLARIFICATION RULE
Priority: Substantive, Nonsignificant
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
TRI reporting requirements for items
that qualify as articles. [See 40 CFR
section 372.38(b).] EPA believes that
language contained in the regulation
and subsequent guidance should be
clarified for the regulated community
concerning what items qualify as
articles and are therefore exempt from
TRI threshold determinations, TRI
release and other waste management
calculations and reporting.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
07/00/09
08/00/10
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114
Spring 2009 Regulatory Agenda
EPA—Emergency Planning and Community Right—to—Know Act (EPCRA)
Proposed Rule Stage
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 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
Larry Reisman, Environmental
Protection Agency, Office of
Environmental Information, 1200
Pennsylvania Avenue NW, Washington,
DC 20460
Phone: 202 566-0751
Email: reisman.larry@epamail.epa.gov
RIN: 2025-AA24
Environmental Protection Agency (EPA)
Emergency Planning and Community Right—to—Know Act (EPCRA)
Final Rule Stage
250. • TOXICS RELEASE INVENTORY
FORM A ELIGIBILITY REVISIONS
IMPLEMENTING THE 2009 OMNIBUS
APPROPRIATIONS ACT
Priority: Substantive, Nonsignificant
Legal Authority: "Not Yet Determined"
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: EPA will be amending its
regulations on the eligibility criteria for
submitting a Form A Certification
Statement in lieu of the more detailed
Form R submitted by facilities subject
to TRI reporting under section 313 of
the Emergency Planning and
Community Right-to-Know Act of 1986
(EPCRA) and section 6607 of the
Pollution Prevention Act of 1990 (PPA).
This action is being taken to comply
with the "Omnibus Appropriations Act
of 2009" enacted on March 11, 2009.
Timetable:
Action
Date
FR Cite
Final Action
04/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5343;
Agency Contact: Cory Wagner,
Environmental Protection Agency,
Office of Environmental Information,
2844T, Washington, DC 20460
Phone: 202 566-1555
Email: wagner.cory@epamail.epa.gov
RIN: 2025-AA25
Environmental Protection Agency (EPA)
Emergency Planning and Community Right—to—Know Act (EPCRA)
Long-Term Actions
251. 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
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Spring 2009 Regulatory Agenda
115
EPA—Emergency Planning and Community Right—to—Know Act (EPCRA)
Long-Term Actions
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 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-AG40
252. 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
(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:
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
Nicole Paquette, Environmental
Protection Agency, Office of
Environmental Information, 2842T,
Washington, DC 20460
Phone: 202 566-0642
Fax: 202 566-0677
Email: paquette.nicole@epamail.epa.gov
RIN: 2025-AA16
253. 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
09/05/00 65 FR 53681
06/14/05 70 FR 34437
NPRM Original
Notice of Data
Availability
Final Action To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
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116
Spring 2009 Regulatory Agenda
EPA—Emergency Planning and Community Right—to—Know Act (EPCRA)
Long-Term Actions
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 RDM 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:
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
Nicole Paquette, Environmental
Protection Agency, Office of
Environmental Information, 2842T,
Washington, DC 20460
Phone: 202 566-0642
Fax: 202 566-0677
Email: paquette.nicole@epamail.epa.gov
RIN: 2025-AA17
Environmental Protection Agency (EPA)
Emergency Planning and Community Right—to—Know Act (EPCRA)
Completed Actions
254. EMERGENCY PLANNING AND
COMMUNITY RIGHT-TO-KNOW ACT:
AMENDMENTS TO PARTS 355 AND
370
Priority: Other Significant
Legal Authority: 42 USC 11002; 42
USC 11004; 42 USC 11048; 42 USC
11021; 42 USC 11022
CFR Citation: 40 CFR 355; 40 CFR 370
Legal Deadline: None
Abstract: EPA finalized changes to the
Emergency Planning Notification,
Emergency Release Notification and
Hazardous Chemical Reporting
regulations that were proposed on June
8, 1998. EPA proposed four major
revisions and provided draft guidance
on various reporting options that States
and local agencies may wish to
consider in implementing the
hazardous chemical reporting
requirements. The final rule addressed
only those changes proposed under the
heading "Other Regulatory Changes"
described in the preamble to the 1998
proposed rule. The final rule included
minor revisions to the Emergency
Planning Notification, Emergency
Release Notification and Hazardous
Chemical Reporting regulations,
codifying statutory requirements, and
clarifying certain interpretations and
policy statements that EPA has
provided to the regulated community.
This final rule did not affect public
access to any of the information
provided under the Emergency
Planning Notification, Emergency
Release Notification and Hazardous
Chemical Reporting regulations. In
addition to the regulatory changes, the
Agency finalized the plain language
format of the regulations. Each section
in these regulations were re-numbered
and tables were added for further
clarification. Improving the clarity of
the regulatory requirements made the
rule easier to understand and will
improve compliance.
Timetable:
Action
Date
FR Cite
NPRM 06/08/98 63FR31268
Final Action 11/03/08 73 FR 65452
Technical Amendment 03/26/09 74 FR 13124
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 3215;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
WASTE/1998/June/Day-08/fl4490.htm;
Final -
http://www.epa.gov/fedrgstr/EPA-
WASTE/2008/November/Day-
03/f25329.pdf; Technical Amendment -
http://www.epa.gov/fedrgstr/EPA-
WASTE/2009/March/Day-26/f6264.htm;
EPA Docket information: Docket
Number EPA-HQ-SFUND-1998-0002
Agency Contact: Sicy Jacob,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5104A, Washington, DC 20460
Phone: 202 564-8019
Fax: 202 564-2625
Email: jacob.sicy@epa.gov
RIN: 2050-AE17
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Spring 2009 Regulatory Agenda
117
Environmental Protection Agency (EPA)
Resource Conservation and Recovery Act (RCRA)
P re rule Stage
255. • STREAMLINING LABORATORY
WASTE MANAGEMENT IN
GOVERNMENT RESEARCH
LABORATORIES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 6922
CFR Citation: 40 CFR 262
Legal Deadline: None
Abstract: The Academic Laboratory
Rulemaking was published on
December 1, 2008. At the time of the
rulemaking, the Agency did not have
enough information about student
populations in government research
laboratories to include government
research laboratories in the
applicability of the final Laboratories
Rule. As a result, the Agency is
publishing a Notice of Data Availability
to publish the data we have on
government research laboratories and
solicit comment on whether it is
accurate, as well as solicit comment on
the number of students in government
research laboratories.
Timetable:
Action
Date
FR Cite
Notice of Data 12/00/09
Availability
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No.
4920.1; EPA publication information:
NPRM -
http ://www. epa.gov/fedrgstr/EPA-
WASTE/2006/May/Day-23/f4654.htm;
Split from RIN 2050-AG18. No legal
deadline.; EPA Docket information:
EPA-HQ-RCRA-2003-0012
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-AG54
Environmental Protection Agency (EPA)
Resource Conservation and Recovery Act (RCRA)
Proposed Rule Stage
256. IDENTIFICATION OF
NON-HAZARDOUS MATERIALS THAT
ARE SOLID WASTES
Priority: Other Significant
Unfunded Mandates: Undetermined
Legal Authority: 42 USC 6903(27)
CFR Citation: 40 CFR 241
Legal Deadline: NPRM, Judicial, July
15, 2009.
Final, Judicial, July 15, 2010.
Abstract: The Agency is assessing
whether certain non-hazardous
secondary materials are or are not solid
waste under the Resource Conservation
and Recovery Act (RCRA). This in turn
will assist the Agency in developing
certain standards under sections 112
and 129 of the Clean Air Act (CAA).
If the material is considered a "solid
waste," then the unit that burns the
secondary material would be subject to
CAA section 129 requirements. The
meaning of "solid waste" as defined
under RCRA is important because CAA
section 129, which regulates emissions
from sources that combust solid wastes,
states that the term "solid waste" shall
have the meaning "established by the
Administrator [pursuant to RCRA]."
Timetable:
Action
Date
FR Cite
ANPRM
NPRM
01/02/09 74FR41
07/00/09
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal,
Local, State, Tribal
Federalism: Undetermined
Additional Information: SAN No. 5266;
EPA publication information: ANPRM
- http://www.epa.gov/fedrgstr/EPA-
WASTE/2009/January/Day-
02/f30987.pdf; EPA Docket information:
EPA-HQ-RCRA-2008-0329
URL For More Information:
http://www.epa.gov/epawaste/
index.htm
Agency Contact: Sasha Gerhard,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5306P, Washington, DC 20460
Phone: 703 605-0632
Fax: 703 308-8686
Email: gerhard.sasha@epa.gov
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@epa.gov
RIN: 2050-AG44
257. STANDARDS FOR THE
MANAGEMENT OF COAL
COMBUSTION RESIDUES
GENERATED BY COMMERCIAL
ELECTRIC POWER PRODUCERS
Priority: Economically Significant.
Major under 5 USC 801.
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 regulations for coal
combustion residues. 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 issued on
August 29, 2007, a Notice of Data
Availability (NODA) announcing the
availability for public inspection and
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118
Spring 2009 Regulatory Agenda
EPA—Resource Conservation and Recovery Act (RCRA)
Proposed Rule Stage
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. EPA is
currently analyzing the comments and
the findings of the peer review in line
with its commitment in the May 2000
regulatory determination to regulate
coal combustion wastes.
Timetable:
Action
Date FR Cite
NODA
NPRM
08/29/07 72 FR 49714
12/00/09
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: Federal,
Local, State, Tribal
Federalism: Undetermined
Additional Information: SAN No. 4470;
EPA publication information: NODA -
http://frwebgatel.access.gpo.gov/ cgi-
bin/waisgate.cgi?
WAISdocID=623368417775+2+0+0&
WAISaction=retrieve; This effort may
also impact federal, state, local or tribal
governments that own coal-burning
commercial electric power generating
facilities.; EPA Docket information:
EPA-HQ-RCRA-2006-0796
Sectors Affected: 221112 Fossil Fuel
Electric Power Generation
Agency Contact: Alexander Livnat,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5306P, Washington, DC 20460
Phone: 703 308-7251
Fax: 703 605-0595
Email: livnat.alexander@epa.gov
Steve Souders, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5306P,
Washington, DC 20460
Phone: 703 308-8431
Fax: 703 605-0595
Email: souders.steve@epa.gov
RIN: 2050-AE81
258. 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. Specifically, EPA is
considering performance standards for
the environmentally protective
placement of coal combustion by-
products (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 RCRA (and/or
modifications to the existing
regulations established under SMCRA)
are warranted when these wastes are
placed in 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. 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
12/00/09
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: State
Additional Information: SAN No. 5274
URL For More Information:
http://www.epa.gov/epawaste/nonhaz/
industrial/special/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
259. • HAZARDOUS WASTE
TECHNICAL CORRECTIONS AND
CLARIFICATIONS RULE—PARTS 260
TO 265
Priority: Other Significant
Unfunded Mandates: Undetermined
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: This joint proposed and
Direct Final rule would correct and
clarify the hazardous waste regulations
associated with hazardous waste
identification, manifesting, and
generator requirements, including those
found under 40 CFR 262.34, as well
as changes to the hazardous waste
permit and interim status standards.
These changes correct existing errors in
the hazardous waste regulations that
have occurred over time in numerous
final rules published in the Federal
Register as a result of typographical
errors or incorrect citations to
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Spring 2009 Regulatory Agenda
119
EPA—Resource Conservation and Recovery Act (RCRA)
Proposed Rule Stage
paragraphs and other references.
Similarly, these changes would clarify
existing parts of the hazardous waste
regulatory program and correct
references to Department of
Transportation regulations that have
been changed since the printing of the
final rule. This action would not create
new regulatory requirements.
Timetable:
Action
Date
FR Cite
NPRM
Direct Final Action
02/00/10
02/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5310
Agency Contact: Jim OLeary,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304P, Washington, DC 20460
Phone: 703-308-8827
Email: oleary.jim@epamail.epa.gov
RIN: 2050-AG52
260. • EPISODIC GENERATION
RULEMAKING
Priority: Substantive, Nonsignificant
Unfunded Mandates: Undetermined
Legal Authority: 42 USC 6922 (a)
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: EPA is considering the
development of a specific regulation
associated with facilities that, as a
result of certain events, find themselves
moving occasionally or "episodically"
into a higher hazardous waste generator
status. Examples of events that may
temporarily affect a facility's generator
regulatory status include: construction
and demolition debris; equipment
maintenance during a plant shut down;
removal of post-shelf life inventory;
tank cleanouts; and process upsets.
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. 5309
Agency Contact: Jim OLeary,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304P, Washington, DC 20460
Phone: 703-308-8827
Email: oleary.jim@epamail.epa.gov
RIN: 2050-AG51
Environmental Protection Agency (EPA)
Resource Conservation and Recovery Act (RCRA)
Final Rule Stage
261. 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 hazardous waste
regulations for management of solvent-
contaminated industrial wipes. 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. Based on
comments received on the proposal,
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.
Timetable:
Action
Date FR Cite
NPRM
Notice of Data
Availability
Final Action
11/20/03 68 FR 65586
05/00/09
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:
http://www.epa.gov/epawaste/
index.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
262. 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); 40 CFR 271.l(j)
Legal Deadline: None
Abstract: The Agency is proposing to
change the existing regulation under
the Resource Conservation and
Recovery Act (RCRA) regarding the
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EPA—Resource Conservation and Recovery Act (RCRA)
Final Rule Stage
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 proposing to amend 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 proposing to
amend the current regulations in the
interest of harmonizing them with both
the amendments adopted by the OECD
in 2001 and EPA's existing export
requirements for RCRA Universal
Waste.
Timetable:
Action
Date FR Cite
NPRM Comment
Period End
Final Action
12/05/08
01/00/10
Action
Date
FR Cite
NPRM
10/06/08 73 FR 58388
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4606;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
WASTE/2008/October/Day-
06/f22536.pdf; 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
Environmental Protection Agency (EPA)
Resource Conservation and Recovery Act (RCRA)
Long-Term Actions
263. REVISIONS TO THE
COMPREHENSIVE GUIDELINE FOR
PROCUREMENT OF PRODUCTS
CONTAINING RECOVERED
MATERIALS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 6912(a)
CFR Citation: 40 CFR 247
Legal Deadline: None
Abstract: RCRA section 6002 requires
EPA to prepare procurement guidelines
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 five 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
yet finalized because more information
was needed. A Notice of Data
Availability was issued asking for that
information. EPA is evaluating the
comments and considering how to
proceed with 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 65 FR 3069
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
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
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Spring 2009 Regulatory Agenda
121
EPA—Resource Conservation and Recovery Act (RCRA)
Long-Term Actions
Nylon Carpet -
http://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:
Timetable:
Action
Date FR Cite
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
264. MANAGEMENT OF CEMENT KILN
DUST (CKD)
Priority: Other Significant
Legal Authority: 42 USC 691 2 (a)
"RCRA 2002(a)"; 42 USC 6921(a)
"RCRA 3001(a)"
CFR Citation: 40 CFR 256; 40 CFR 259;
40 CFR 261; 40 CFR 264
Legal Deadline: None
Abstract: In December 1993, EPA
submitted a Report to Congress with its
findings on the nature and management
practices associated with cement kiln
dust (CKD). In 1995, EPA determined
that control of CKD under subtitle C
of RCRA was warranted 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
the comments received on the proposal
and notice.
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
- http://frwebgate.access.gpo.gov/ cgi-
bin/getdoc.cgi?dbname=2002
register&docid=fr25jy02-57.pdf; EPA
Docket information: EPA-HQ-RCRA-
1999-0011
Sectors Affected: 32731 Cement
Manufacturing
Agency Contact: Jana Englander,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5306P, Washington, DC 20460
Phone: 703 308-8711
Fax: 703 605-0595
Email: englander.jana@epamail.epa.gov
Steve Souders, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5306P,
Washington, DC 20460
Phone: 703 308-8431
Fax: 703 605-0595
Email: souders.steve@epa.gov
RIN: 2050-AE34
265. 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.
However, EPA's ability to publish a
final rule in 2009 that will recognize
eManifest as a compliant voluntary
alternative to the current paper
manifest form, and to pursue this
centralized eManifest design and
funding solution will depend on the
passing of authoriaing legislation for
eManifest by the lllth Congress in
2009.
Timetable:
Action
Date
FR Cite
NPRM Original
Notice of Public
Meeting
NODA
NODA No. 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
To Be Determined
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Spring 2009 Regulatory Agenda
EPA—Resource Conservation and Recovery Act (RCRA)
Long-Term Actions
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No.
3147.1; EPA publication information:
NPRM Original -
http://www.gpo.gov/su docs/aces/fr-
cont.html; Split from RIN 2050-AE21.;
EPA Docket information: EPA-HQ-
RCRA-2001-0032
Sectors Affected: 325 Chemical
Manufacturing; 2211 Electric Power
Generation, Transmission and
Distribution; 332 Fabricated Metal
Product Manufacturing; 2122 Metal Ore
Mining; 2111 Oil and Gas Extraction;
326 Plastics and Rubber Products
Manufacturing; 331 Primary Metal
Manufacturing; 323 Printing and
Related Support Activities; 3221 Pulp,
Paper, and Paperboard Mills; 482 Rail
Transportation; 484 Truck
Transportation; 5621 Waste Collection;
56221 Waste Treatment and Disposal;
483 Water Transportation
URL For More Information:
www.epa.gov/epaoswer/hazwaste/
gener/manifest/
Agency Contact: Rich LaShier,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304P, Washington, DC 20460
Phone: 703 308-8796
Fax: 703 308-0514
Email: lashier.rich@epa.gov
Bryan Groce, Environmental Protection
Agency, Solid Waste and Emergency
Response, 5304P, Washington, DC
20460
Phone: 703 308-8750
Fax: 703 308-0514
Email: groce.bryan@epa.gov
RIN: 2050-AG20
266. 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 260 and 261; 40
CFR 264 and 265; 40 CFR 268; 40 CFR
270; 40 CFR 273
Legal Deadline: None
Abstract: EPA proposed adding
hazardous pharmaceutical wastes to the
universal waste system. This
incorporation is appropriate because,
among other reasons, these wastes are
produced by a various and vast
community of generators, and it has
been reported that these wastes are
often mismanaged due to generators'
unfamiliarity 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 for
those entities that generate hazardous
pharmaceutical wastes able to "opt in"
to this alternative management regime.
Entities that could opt-in include those
in authorized states that have adopted
the universal waste rule and amended
their programs to include hazardous
pharmaceutical wastes.
EPA expects the inclusion of hazardous
pharmaceutical wastes in the universal
waste rule will provide relief in the
management of P-listed hazardous
pharmaceutical wastes by simplifying
current requirements. Also, we expect
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 may pose hazards. Finally,
EPA expects that the addition of
hazardous pharmaceutical wastes to the
rule may facilitate the collection of
household pharmaceutical wastes via
pharmaceutical take-back programs.
Timetable:
Action
Date FR Cite
NPRM
NPRM Comment
Period Extended
Final Action
12/02/08 73 FR 73520
01/30/09 74 FR 5633
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Local,
State
Additional Information: SAN No. 5127;
EPA publication information: NPRM -
http://edocket.access.gpo.gov/2008/E8-
28161.htm;
http ://www. epa.gov/fedrgstr/EPA-
WASTE/2009/January/Day-
30/f2033.pdf; EPA Docket information:
EPA-HQ-RCRA-2007-0932
URL For More Information:
http://www.epa.gov/wstes/hazard/
wastetypes/universal/pharm.htm
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
Mark Seltzer, Environmental Protection
Agency, Solid Waste and Emergency
Response, 5304P, Washington, DC
20460
Phone: 703 347-8955
Fax: 703 308-0514
Email: seltzer.mark@epa.gov
RIN: 2050-AG39
267. 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: EPA is considering amending
the Land Disposal Restriction (LDR)
requirements for EPA Waste Codes
K172 and F037. 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
To Be Determined
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123
EPA—Resource Conservation and Recovery Act (RCRA)
Long-Term Actions
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-
W ASTE/ 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
Email: elliott.ross@epa.gov
RIN: 2050-AG34
268. • REMOVE SACCHARIN AND ITS
SALTS FROM THE LISTS OF
HAZARDOUS CONSTITUENTS,
HAZARDOUS WASTES, AND
HAZARDOUS SUBSTANCES
Priority: Other Significant
Legal Authority: 42 USC 6921 ( RCRA
section 3001); 42 USC 9601(14)
(CERCLA section 101(14)); 42 USC
9602 (CERCLA section 102); 42 USC
9603 (CERCLA section 103)
CFR Citation: 40 CFR 261; 40 CFR 302
Legal Deadline: None
Abstract: In response to a petition
submitted by the Calorie Control
Council (CCC), EPA plans to propose
the removal of saccharin and its salts
from the lists of hazardous constituents
(40 CFR section 261, appendix VIII),
the list of unused commercial chemical
products identified as hazardous wastes
(40 CFR section 261.33(0), and the list
of hazardous substances (40 CFR
section 302.4). This is because the
current weight of scientific evidence
supports the petitioner's request. EPA
originally listed saccharin and its salts
based on a scientific consensus that
saccharin was a potential human
carcinogen. However, the recent
evaluation of available data for
saccharin and its salts by the U.S.
National Toxicology Program (NTP) and
the International Agency for Research
on Cancer (IARC) has concluded that
scientific evidence does not support
that saccharin and its salts are potential
human carcinogens. In addition,
OSWER does not believe saccharin and
its salts meet any other criteria for
remaining on the above specified lists.
Timetable:
Action
Date
FR Cite
NPRM
04/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5322
Agency Contact: Narendra Chaudhari,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304P, Washington, DC 20460
Phone: 703 308-0454
Fax: 703 308-0514
Email:
chaudhari.narendra@epamail.epa.gov
Robert Kayser, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5304P,
Washington, DC 20460
Phone: 703-308-7304
Fax: 703 308-0514
Email: kayser.robert@epamail.epa.gov
RIN: 2050-AG55
269. 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 offsite. We plan to do
this by proposing to: (1) substitute the
BR data with the more-timely data from
the eManifest system once legislation
is enacted and the system 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
Dwane Young, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5302P,
Washington, DC 20460
Phone: 703 308-8433
Fax: 703 308-8433
Email: young.dwane@epa.gov
RIN: 2050-AFOl
270. RCRA SUBTITLE C FINANCIAL
TEST CRITERIA REGULATORY
DETERMINATION
Priority: Other Significant
Legal Authority: 42 USC 69l2(a); 42
USC 6924; 42 USC 6925; 42 USC 6926
CFR Citation: 40 CFR 264; 40 CFR 265;
40 CFR 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 they were initially
promulgated 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.
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
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124
Spring 2009 Regulatory Agenda
EPA—Resource Conservation and Recovery Act (RCRA)
Long-Term Actions
who may not have appropriate
expertise to adequately review detailed
financial information submissions.
Timetable:
Action
NPRM Original
NPRM
NPRM on
Date
07/01/91
10/12/94
To Be
FR Cite
56 FR 30201
59 FR 51 523
Determined
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
Environmental Protection Agency (EPA)
Resource Conservation and Recovery Act (RCRA)
Completed Actions
271. WASTE MANAGEMENT SYSTEM;
TESTING AND MONITORING
ACTIVITIES; METHODS INNOVATION
RULE; CORRECTION (WITHDRAWN)
Priority: Info./Admin./Other
Legal Authority: 33 USC I345(d); 33
USC 1345 (e); 42 USC 6902(a); 42 USC
6907; 42 USC 6912(1); 42 USC 6944;
42 USC 6945(c); 42 USC 6949(c)
CFR Citation: 40 CFR 258
Legal Deadline: None
Abstract: EPA is withdrawing this
rulemaking. Editorial corrections
pertaining to this rule will be
incorporated into another rulemaking.
Timetable:
Action
Date
FR Cite
Withdrawn 02/23/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5128;
EPA Docket information:
\vwf\v.regulations.gov
EPA-HQ-RCRA-2002-0025
URL For More Information:
http://www.epa.gov/epaoswer/
hazwaste/test/mir.htmhttp://
www.epa.gov/epaoswer/hazwaste/test/
mir-faq.htm
Agency Contact: Kim Kirkland,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5397P, Washington, DC 20460
Phone: 703 308-0490
Email: kirkland.kim@epa.gov
RIN: 2050-AG38
272. 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 excluded from being
solid wastes under subtitle C of the
Resource Conservation and Recovery
Act (RCRA) hazardous secondary
materials whose emissions are
comparable to fuel oil. This exclusion
is allowed only when those materials
are managed under conditions that
assure they will not be discarded either
when stored or burned. Such excluded
fuel is called emission-comparable fuel
(ECF). ECF is subject to the same
specifications that currently apply to
comparable fuels, except that the
specifications for hydrocarbons and
oxygenates do not apply. The ECF
exclusion is 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 has promulgated 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
12/19/08 73 FR 77954
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4977;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
AIR/2007/June/Day-15/alll30.pdf;EPA
Docket information: EPA-HQ-RCRA-
2005-0017; http://www.regulations.gov
URL For More Information:
http://www.epa.gov/epaoswer/
hazwaste/combust/compfuels/
exclusion.htm
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Spring 2009 Regulatory Agenda
125
EPA—Resource Conservation and Recovery Act (RCRA)
Completed Actions
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
273. 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 focuses on the
ways to make the Resource
Conservation and Recovery Act a better
fit for the laboratory setting and to
improve reuse, recycling, and the
overall management of chemicals in the
laboratory settings. EPA recognizes the
unique aspects of academic laboratories
compared with large manufacturing
processes. For example, academic
laboratories generate small amounts of
many different wastes while large
manufacturing processes tend to
generate large amounts of a few wastes.
Our goal is to improve the program to
better protect human health and the
environment, through standards that
are harmonious with the way academic
laboratories operate. Our aim is to
improve compliance, not by relaxing
the standards, but by 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
12/01/08 73 FR 72912
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;
The Agency is developing an action to
publish data we have on government
research laboratories, to solicit
comment on the data's accuracy and to
solicit comment on the number of
students in government research
laboratories. See SAN 4920.1.; 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
274. 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: Since 2000, the National
Environmental Performance Track
Program has been an important vehicle
through which EPA has recognized and
encouraged environmental stewardship.
At its peak, Performance Track had
over 500 members from 49 states. At
this point in time, the Agency is halting
the Program, evaluating its
achievements and looking at
opportunities for improvements.
Consequently EPA is withdrawing this
action to reconsider its structure and
approach.
Timetable:
Action
Date
FR Cite
Withdrawn
03/16/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
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)
Comprehensive Environmental Response, Compensation and Liability Act
P re rule Stage
275. • CERCLA 108(B) FINANCIAL
RESPONSIBILITY
Priority: Other Significant
Legal Authority: "42 USC 9608 (b)"
CFR Citation: Not Yet Determined
Legal Deadline: Other, Judicial, July
10, 2009, US District Court for the
Northern District of California: Sign
and transmit Notice to the Office of
Federal Register.
Abstract: Section 108(b) of the
Comprehensive Environmental
Response, Compensation, and Liability
Act (CERCLA) of 1980, as amended,
establishes certain authorities
concerning financial responsibility
requirements. Specifically, the statutory
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126
Spring 2009 Regulatory Agenda
EPA—Comprehensive Environmental Response, Compensation and Liability Act
Prerule Stage
language requires that EPA publish a
notice in the Federal Register that
identifies classes of facilities that may
ultimately be required to establish and
maintain financial responsibility, which
present the highest level of risk of
injury. Based on such notice, the
statute contemplates that EPA will first
develop financial responsibility
requirements for such classes.
To date, EPA has not acted under
CERCLA 108(b). A recent ruling issued
by the United States District Court for
the Northern District of California states
that EPA must identify and publish a
notice of classes of facilities for which
such requirements will first be
developed by July 10, 2009.
Timetable:
Action
Date
FR Cite
Notice 07/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5350
Agency Contact: Ben Lesser,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5304P, Washington, DC 20460
Phone: 703-308-0314
Email: lesser.ben@epa.gov
Elaine Eby, Environmental Protection
Agency, Solid Waste and Emergency
Response, 5304P, Washington, DC
20460
Phone: 703-308-8449
Email: eby.elaine@epa.gov
RIN: 2050-AG56
Environmental Protection Agency (EPA)
Comprehensive Environmental Response, Compensation and Liability Act
Proposed Rule Stage
276. NATIONAL PRIORITIES LIST FOR
1 1 M^/"\MTD/"\I 1 C r\ LJ A 7 A Dl"^/"\l IO
UNCONTROLLED HAZARDOUS
WASTE SITES: PROPOSED AND
FINAL RULES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 9605
CFR Citation: 40 CFR 300.425
Legal Deadline: None
Abstract: This action will revise the
sites included on the National Priorities
List (NPL) of uncontrolled waste sites
in the National Contingency Plan
(NCP). CERCLA requires that the
Agency revise the NPL at least
annually. Periodic revisions will allow
EPA to include sites on the NPL with
known or threatened hazardous
substance releases and to delete sites
that have been cleaned up.
Timetable:
Action Date FR Cite
Final 20 03/06/98 63 FR 11332
NPRM 24 03/06/98 63 FR 11 340
Final 21 07/28/98 63 FR 401 82
NPRM 25 07/28/98 63 FR 40247
Final Tex-Tin 09/18/98 63 FR 49855
Final 22 09/29/98 63 FR 51 848
NPRM 26 09/29/98 63 FR 51 882
Final 23 01/19/99 64 FR 2942
NPRM 27 01/19/99 64 FR 2950
NPRM Midnight Mine 02/16/99 64 FR 7564
NPRM 28 04/23/99 64 FR 19968
Final 24 05/10/99 64 FR 24949
NPRMAImeda 05/10/99 64 FR 24990
Final 25 07/22/99 64 FR 39878
NPRM 29 07/22/99 64 FR 39886
Final Pools Prairie 09/1 7/99 64 FR 50459
NPRM 30 10/22/99 64 FR 56992
Final Action 10/22/99 64 FR 56966
Final 26 02/04/00 65 FR 5435
NPRM 31 02/04/00 65 FR 5468
Action
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
Final 36
NPRM-Vieques
Final 37
NPRM 41
Final -Vieques
Final 38
NPRM 42
Final 39
NPRM 43
Final 40
NPRM-44
Final 41
NPRM 45
Final 42
NPRM 46
Final 43
NPRM 47
Final 44
NPRM 48
Final 45
Date FR Cite
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 653 15
04/30/03 68 FR 23077
04/30/03 68 FR 23094
09/29/03 68 FR 55875
03/08/04 69 FR 10646
07/23/04 69 FR 43755
08/13/04 69 FR 501 15
09/23/04 69 FR 56949
09/23/04 69 FR 56970
02/11/05 70 FR 71 84
04/27/05 70 FR 21 644
04/27/05 70 FR 21 71 8
09/14/05 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
09/03/08 73 FR 51 368
Action Date FR Cite
NPRM 49 09/03/08 73 FR 51 393
Final 46 04/09/09 74 FR 1 61 26
NPRM 50 04/09/09 74 FR 161 62
Final 47 09/00/09
NPRM 51 09/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State
Additional Information: SAN No. 3439;
EPA publication information: NPRM
450 - http://www.epa.gov/fedrgstr/EPA-
WASTE/2009/April/Day-09/f7824.pdf;
Final 46 -
http://www.epa.gov/fedrgstr/EPA-
WASTE/2009/April/Day-09/f7825.pdf;
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
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Spring 2009 Regulatory Agenda
127
Environmental Protection Agency (EPA)
Comprehensive Environmental Response, Compensation and Liability Act
Final Rule Stage
277. • INCLUSION OF CERCLA
SECTION 128(A) STATE RESPONSE
PROGRAMS AND TRIBAL RESPONSE
PROGRAMS
Priority: Substantive, Nonsignificant
Legal Authority: PL 104-134
CFR Citation: 40 CFR 35
Legal Deadline: None
Abstract: EPA is authorized to combine
State and Tribal Assistance Grant
(STAG) "categorical" program grant
funds into Performance Partnership
Grants (PPGs). The Comprehensive
Environmental Response,
Compensation and Liability Act
(CERCLA) section 128(a) State and
Tribal Response program grants are
funded from STAG categorical
appropriations and are eligible for
inclusion under 40 CFR part 35 in a
PPG. On August 20, 2004, (69 FR
51756) EPA added the CERCLA section
128(a) State and Tribal Grant program
to the list of grants eligible for
inclusion in PPGs.
EPA now plans to include State
Response Programs per CERCLA
section 128(a) under title 40 part 35
subpart A and Tribal Response
Programs per CERCLA section 128(a)
under title 40 part 35 subpart B as a
PPG eligible grant program. The Agency
also plans to add State Response
Program and Tribal Response Program
specific provisions.
Timetable:
Action
Date
FR Cite
Final Action 07/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: State,
Tribal
Additional Information: SAN No. 5328
Agency Contact: Virginia Fornillo,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5105T, Washington, DC 20460
Phone: 202-566-2770
Fax: 202-566-1476
Email:
fornillo.virginia@epamail.epa.gov
Becky Brooks, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5105T,
Washington, DC 20460
Phone: 202-566-2762
Fax: 202-566-1476
Email: brooks.becky@epamail.epa.gov
RIN: 2050-AG53
Environmental Protection Agency (EPA)
Comprehensive Environmental Response, Compensation and Liability Act
Long-Term Actions
278. 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 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
Jean Schumann, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5104A,
Washington, DC 20460
Phone: 202 564-1977
Fax: 202 564-2620
Email: schumann.jean@epa.gov
RIN: 2050-AG22
279. 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.
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128
Spring 2009 Regulatory Agenda
EPA — Comprehensive Environmental Response, Compensation and Liability Act
Long-Term Actions
Timetable:
Action
Date
FR Cite
NPRM
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected:
Undetermined
Additional Information: SAN No. 4737
Agency Contact: Lynn Beasley,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5104A, Washington, DC 20460
Phone: 202 564-1965
Fax: 202 564-2625
Email: beasley.lynn@epa.gov
RIN: 2050-AF03
Environmental Protection Agency (EPA)
Comprehensive Environmental Response, Compensation and Liability Act
Completed Actions
280. CERCLA/EPCRA
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
administrative reporting exemption not
only leaves in place important Agency
response authorities that can be used
to protect human health and the
environment if needed, but also is
consistent with the Agency's goal to
reduce reporting burden.
Timetable:
NPRM
Final Action
CFR Citation: 40 CFR 302; 40 CFR 355 Action
Legal Deadline: None
Abstract: The final rule provides an
administrative reporting exemption
from particular notification
requirements under the Comprehensive
Environmental Response,
Compensation, and Liability Act of
1980 (CERCLA), as amended. In
addition, the final rule provides a
limited administrative reporting
exemption in certain cases from
requirements under the Emergency
Planning and Community Right-to-
Know Act (EPCRA), also known as
Title III of the Superfund Amendments
and Reauthorization Act. Specifically,
the administrative reporting exemption
applies 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.
Nothing in the final rule changes the
notification requirements if hazardous
substances are released to the air from
any source other than animal waste at
farms (e.g., ammonia tanks), or if any
hazardous substances from animal
waste are released to any other
environmental media, (e.g., soil, ground
water, or surface water) when the
release of those hazardous substances
is at or above its reportable quantity.
Also, the administrative reporting
exemption under CERCLA section 103,
does not limit any of the Agency's
other authorities under CERCLA
sections 104 (response authorities), 106
(abatement actions), 107 (liability), or
any other provisions of CERCLA or
EPCRA. Accordingly, EPA believes this
Date FR Cite
12/28/07 72 FR 73700
12/18/08 73 FR 76948
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State
Additional Information: SAN No. 5117;
EPA publication information: NPRM -
http ://www. epa.gov/fedrgstr/EPA-
AIR/2007/December/Day-
28/a25231.pdf; ; EPA Docket
information: EPA-HQ-SFUND-2007-
0469
Agency Contact: Lynn Beasley,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5104A, Washington, DC 20460
Phone: 202 564-1965
Fax: 202 564-2625
Email: beasley.lynn@epa.gov
RIN: 2050-AG37
281. ADDITION OF REFERENCE TO
NEW FORESTLAND PHASE I
STANDARD TO REFERENCED
COMPLIANT STANDARDS IN ALL
APPROPRIATE INQUIRIES FINAL
RULE
Priority: Other Significant
Legal Authority: 42 USC 9601 et seq
CFR Citation: 40 CFR 312
Legal Deadline: None
Abstract: This action recognizes the
recently revised "ASTM E2247-08
Standard Practice for Environmental
Site Assessments: Phase I
Environmental Site Assessment Process
for Forestland or Rural Property" as a
compliant reference standard for the
All Appropriate Inquiries Final Rule
(AAI). The AAI final rule added 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 is
complying with the National
Technology Transfer and Advancement
Act of 1995 (NTTAA), which directs
EPA to use voluntary consensus
standards in its regulatory activities.
ASTM International, a voluntary
standards development organization,
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 June 17, 2008.
Timetable:
Action
NPRM
Direct Final Action
NPRM Comment
Period End
Date FR Cite
12/23/08 73 FR 7871 6
12/23/08 73 FR 78651
01/22/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5292;
EPA publication information: NPRM -
http://frwebgate5.access.gpo.gov/ cgi-
bin/PDFgate.cgi?
WAISdocID=537563441835+l + 2+0&
WAISaction=retrieve; EPA Docket
information: EPA-HQ-SFUND-2008-
0873
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
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Spring 2009 Regulatory Agenda
129
EPA—Comprehensive Environmental Response, Compensation and Liability Act
Completed Actions
Sven—Erik Kaiser, Environmental
Protection Agency, Solid Waste and
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)
Clean Water Act (CWA)
Proposed Rule Stage
282. • OIL AND GAS CONSTRUCTION
STORMWATER RULE
Priority: Other Significant
Unfunded Mandates: Undetermined
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: Other, Statutory,
November 19, 2008, The oil and gas
rule court-ordered vacature took effect
on November 19, 2008.
Abstract: On June 12, 2006, EPA
published a final rule to address a new
provision added by the Energy Policy
Act of 2005. The 2006 regulation
effectively exempted from NPDES
permit requirements storm water
discharges of sediment from
construction activities associated with
oil and gas exploration, production,
processing, or treatment operations or
transmission facilities unless the
relevant facility had a discharge of
stormwater resulting in a discharge of
a reportable quantity of oil or
hazardous substances. Shortly
thereafter, the Natural Resources
Defense Council (NRDC) petitioned the
Ninth Circuit Court of Appeals (Ninth
Circuit) for direct review of EPA's
action. On May 23, 2008, the Ninth
Circuit Court of Appeals issued an
opinion in Natural Resources Defense
Council v. United States Environmental
Protection Agency, 526 F.3d 591 (9th
Cir. 2008), vacating EPA's 2006 oil and
gas construction stormwater regulation.
On July 21, 2008, EPA filed a petition
for rehearing in this case. On November
3, 2008, the Ninth Circuit Court of
Appeals issued its order denying EPA's
request for rehearing of the Court's
decision vacating EPA's 2006 oil and
gas construction stormwater regulation.
This action initiation request for
rulemaking is to prepare a direct final
rule that removes the regulatory
language codified in the 2006
rulemaking and adds the revised 2005
Energy Policy Act definition of "oil and
gas exploration, production, processing,
treatment, and transmission
operations." The Agency uses this term
to define the specific activities exempt
from NPDES permitting as identified in
section 402(1)(2) of the Clean Water Act
which specifies that EPA and states
shall not require NPDES permits for
uncontaminated stormwater discharges
from oil and gas exploration,
production, processing or treatment
operations, or transmission facilities.
Timetable:
Action
Date
FR Cite
NPRM
Direct Final Action
09/00/09
09/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5330
Agency Contact: Jack Faulk,
Environmental Protection Agency,
Water, 4203M, Washington, DC 20460
Phone: 202 564-0768
Fax: 202 564-6431
Email: faulk.jack@epa.gov
Connie Bosma, Environmental
Protection Agency, Water, 4203M,
Washington, DC 20460
Phone: 202 564-6773
Fax: 202 564-6431
Email: bosma.connie@epa.gov
RIN: 2040-AF05
283. 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.
Timetable:
Action
Date FR Cite
NPRM
Final Action
08/00/09
12/00/10
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,
WashingtonDC, DC 20460
Phone: 202 566-1069
Fax: 202 566-1053
Email: damico.brian@epa.gov
RIN: 2040-AE69
284. CRITERIA AND STANDARDS FOR
COOLING WATER INTAKE
STRUCTURES—PHASE II REMAND
Priority: Economically Significant.
Major under 5 USC 801.
Unfunded Mandates: This action may
affect State, local or tribal governments
and the private sector.
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130
Spring 2009 Regulatory Agenda
EPA—Clean Water Act (CWA)
Proposed Rule Stage
Legal Authority: CWA 101; CWA 301;
CWA 304; CWA 308; CWA 316; CWA
401 and 402; CWA 501; CWA 510
CFR Citation: 40 CFR 122 to 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 review, the U.S. Court
of Appeals for the Second Circuit
remanded several key provisions. In
July 2007, EPA suspended Phase II and
has now initiated a new 316(b) Phase
II rulemaking. Following the decision
in the Second Circuit, several parties
petitioned the U.S. Supreme Court to
review that decision, and the Supreme
Court granted the petitions, limited to
the issue of whether the Clean Water
Act authorized EPA to consider the
relationship of costs and benefits in
establishing section 316(b) standards.
On April 1, 2009, the Supreme Court
reversed the Second Circuit, finding
that the Agency may consider cost-
benefit analysis in its descision-making.
This finding did not hold that the
Agency must consider costs and
benefits in these decisions. EPA expects
this new rulemaking will similarly
apply to approximately 600 existing
electric generating plants and will
address the Supreme Court decision.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
12/00/09
06/00/11
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
Local, State
Federalism: Undetermined
Additional Information: SAN No. 5210;
EPA Docket information: EPA-HQ-OW-
2008-0667
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 .p aul@ep amail. ep a. gov
Jan Matuszko, Environmental
Protection Agency, Water, 4303T,
Washington, DC 20460
Phone: 202 566-1035
Email: matuszko.jan@epamail.epa.gov
RIN: 2040-AE95
285. • 2010 EFFLUENT GUIDELINES
PROGRAM PLAN
Priority: Substantive, Nonsignificant
Unfunded Mandates: Undetermined
Legal Authority: CWA 304; CWA 306
and 307
CFR Citation: Not Yet Determined
Legal Deadline: Final, Statutory,
December 31, 2010.
Abstract: The Clean Water Act (CWA)
requires EPA to establish national
technology-based regulations known as
"effluent limitations guidelines and
standards" to reduce pollutant
discharges from categories of industrial
facilities. EPA similarly establishes
technology-based regulations, termed
"pretreatment standards," to reduce
indirect pollutant discharges—those
that are discharged to publicly-owned
treatment works. The CWA also
specifies effluent guideline planning
and review requirements. There are
different requirements for direct and
indirect dischargers, but both specify
annual review of promulgated effluent
guidelines and pretreatment standards.
One requirement is publication of an
Effluent Guidelines Program Plan every
two years. CWA section 304(m)
specifies that the Plan must: (1)
establish a schedule for the annual
review and revision of promulgated
effluent guidelines, (2) identify
categories of sources discharging toxic
or non-conventional pollutants for
which guidelines have not previously
been published ("new categories"); and
(3) establish a schedule for the
promulgation of effluent guidelines
identified under (2). We anticipate that
the Preliminary 2010 Plan will describe
the results of the 2009 annual review,
including, to the extent possible: (1) the
outcome of the screening process; (2)
EPA's selection of industrial categories
for further study; and (3) the rationale
for selecting categories for further
study. The Preliminary 2010 Plan will
also summarize information on specific
industrial categories, identify data gaps,
and summarize information on possible
"new categories" of dischargers to help
determine whether such standards are
warranted.
Timetable:
Action
Date FR Cite
Preliminary Plan
Final Plan
11/00/09
11/00/10
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5320;
EPA Docket information: EPA-HQ-OW-
2008-0517
Agency Contact: Carey Johnston,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202 566-1014
Fax: 202 566-1053
Email: johnston.carey@epamail.epa.gov
Samantha Lewis, Environmental
Protection Agency, Water, 4303T,
Washington, DC 20460
Phone: 202 566-1058
Email: lewis.samantha@epamail.epa.gov
RIN: 2040-AF06
286. NPDES PROGRAM
MANAGEMENT INFORMATION
RULEMAKING
Priority: Other Significant
Unfunded Mandates: Undetermined
Legal Authority: CWA 304(i) and
501(a), 33 USC 1314(i) and 1361(a)
CFR Citation: 40 CFR 123; 40 CFR 403;
40 CFR 501
Legal Deadline: None
Abstract: The U.S. Environmental
Protection Agency (EPA) has
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. This
regulation would identify the essential
information that EPA needs to receive
from NPDES agencies (NPDES-
authorized states, territories and tribes)
to manage the national NPDES
permitting and enforcement program.
Through this regulation, EPA seeks to
ensure that such facility-specific
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Spring 2009 Regulatory Agenda
131
EPA—Clean Water Act (CWA)
Proposed Rule Stage
information would be readily available,
accurate, timely and nationally
consistent on the facilities that are
regulated by the NPDES program.
In the past, EPA primarily obtained this
information from the Permit
Compliance System (PCS). 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. In addition,
information technology has advanced
significantly so that 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
Small Entities Affected: No
Government Levels Affected: Federal,
State, Tribal
Federalism: This action may have
federalism implications as defined in
EO 13132.
Additional Information: SAN No. 5251;
Agency Contact: Andrew Hudock,
Environmental Protection Agency,
Office of Enforcement and Compliance
Assurance, 1200 Pennsylvania Avenue
NW, Washington, DC 20460
Phone: 202 564-6032
Email: hudock.andrew@epamail.epa.gov
John Dombrowski, Environmental
Protection Agency, Office of
Enforcement and Compliance
Assurance, 1200 Pennsylvania Avenue
NW, Washington, DC 20460
Phone: 202 566-0742
Email:
dombrowski.john@epamail.epa.gov
RIN: 2020-AA47
287. REGULATIONS FOR GRAY AND
BLACK WATER DISCHARGES FROM
CRUISE SHIPS OPERATING IN
CERTAIN ALASKAN WATERS
Priority: Other Significant
Legal Authority: PL 106-554, sec
1404-1407
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: On December 12, 2000,
Congress passed HR 4577 which
contained a section called "Certain
Alaskan Cruise Ship Operations" (title
XIV). Title XIV established enforceable
discharge standards for sewage and
graywater from large cruise ships
operating in Alaskan waters and
authorizes EPA to develop revised
and/or additional standards for these
discharges 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
12/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4746;
This rule was formerly known as
"Regulations for Cruise Ships Operating
in Alaskan Waters"
Sectors Affected: 483114 Coastal and
Great Lakes Passenger Transportation;
483112 Deep Sea Passenger
Transportation
Agency Contact: Laura Johnson,
Environmental Protection Agency,
Water, 4504T, Washington, DC 20460
Phone: 202 566-1273
Fax: 202 566-1546
Email: johnson.laura-s@epamail.epa.gov
David Redford, Environmental
Protection Agency, Water, 4504T,
Washington, DC 20460
Phone: 202 566-1288
Email: redford.david@epamail.epa.gov
RIN: 2040-AD89
Environmental Protection Agency (EPA)
Clean Water Act (CWA)
Final Rule Stage
288. 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 December 5, 2008, EPA
finalized several amendments to the
Spill Prevention, Control, and
Countermeasure (SPCC) rule in order to
provide increased clarity, to tailor
requirements to particular industry
sectors, and to streamline certain
requirements for those facility owners
or operators subject to the rule. On
February 3, 2009, EPA delayed the
effective date for 60 days of the final
rule and sought public comment on the
extension of the effective date and its
duration, and on the regulatory
amendments contained in the final
rule. EPA is further delaying the
effective date in order to provide time
to address concerns raised during the
latest public comment period.
Timetable:
Action
Date
FR Cite
Action
Date
FR Cite
Notice Clarifying
Certain Issues
05/25/04 69 FR 29728
NPRMIyr
Compliance
Extension
Final 18 months
Compliance
Extension
NODA re certain
facilities
NODA re oil-filled and
process equipment
NPRM
Final Action
Notice to Delay
Effective Date
Delay of Effective Date
Final
06/17/04 69 FR 34014
08/11/04 69 FR 48794
09/20/04
09/20/04
10/15/07
12/05/08
02/03/09
04/01/09
11/00/09
69 FR 56184
69 FR 56182
72 FR 58377
73 FR 74236
74 FR 5900
74 FR 14736
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132
Spring 2009 Regulatory Agenda
EPA—Clean Water Act (CWA)
Final Rule Stage
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No.
2634.2; EPA publication information:
Delay of effective date -
http://www.epa.gov/fedrgstr/EPA-
WATER/2009/April/Day-01/w7301.pdf;
Split from RDM 2050-AC62.; EPA Docket
information: EPA-HQ-OPA-2007-0584
URL For More Information:
wfwfwf.epa.gov/oilspill/spcc.htm
Agency Contact: Vanessa Principe,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5104A, Washington, DC 20460
Phone: 202 564-7913
Fax: 202 564-2625
Email: principe.vanessa@epa.gov
RIN: 2050-AG16
289. OIL POLLUTION PREVENTION;
NON-TRANSPORTATION RELATED
ONSHORE FACILITIES COMPLIANCE
DATES
Priority: Other Significant
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 their 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 their
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
Final Action
11/26/08 73 FR 72016
06/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No.
2634.7; EPA publication information:
NPRM-
http ://www. epa.gov/fedrgstr/EPA-
WATER/2005/December/Day-
12/w23917.htm; Split from RDM 2050-
AG28. Split from RDM 2050-AG23. Split
from RDM 2050-AG16.; EPA Docket
information: EPA-HQ-OPA-2005-0003
Agency Contact: Vanessa Principe,
Environmental Protection Agency,
Solid Waste and Emergency Response,
5104A, Washington, DC 20460
Phone: 202 564-7913
Fax: 202 564-2625
Email: principe.vanessa@epa.gov
Mark Howard, Environmental
Protection Agency, Solid Waste and
Emergency Response, 5104A,
Washington, DC 20460
Phone: 202 564-1964
Fax: 202 564-2625
Email: howfard.markwf@epa.gov
RIN: 2050-AG49
290. 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: 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: In a November 28, 2008
proposed rulemaking, EPA proposed to
establish effluent limitations guidelines
(ELGs) and new source performance
standards (NSPSs) for the Construction
and Development point source
category. This rulemaking and its
schedule respond to a court order that
requires the Agency to publish final
regulations by December 1, 2009. The
ELGs and NSPSs would control the
discharge of pollutants such as
sediment, turbidity, nutrients and
metals in discharges from construction
activities and will be implemented
through the issuance of NPDES permits.
EPA solicited comments on a range of
erosion and sediment control measures
and pollution prevention measures. The
proposed requirements vary by size of
the construction site and by other
factors, such as rainfall intensity and
clay content of soil. The proposed rule
was intended to work in concert with
existing state and local programs,
adding a technology-based "floor" that
establishes minimum requirements that
would apply nationally. Once
implemented, these new requirements
would significantly reduce the amount
of sediment, turbidity, and other
pollutants discharged from construction
sites.
Timetable:
Action
NPRM
NPRM Comment
Period End
Final Action
Date FR Cite
11/28/08 73 FR 72561
02/26/09
12/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
Local, State
Additional Information: SAN No. 5119;
EPA publication information: NPRM -
http://edocket.access.gpo.gov/2008/pdf/
E8-27848.pdf; EPA Docket information:
EPA-HQ-OW-2 008-0465
URL For More Information:
http://www.epa.gov/waterscience/
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
Janet Goodwin, Environmental
Protection Agency, Water, 4303T,
Washington, DC 20460
Phone: 202 566-1060
Email: goodwin.janet@epamail.epa.gov
RIN: 2040-AE91
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Spring 2009 Regulatory Agenda
133
Environmental Protection Agency (EPA)
Clean Water Act (CWA)
Long-Term Actions
291. • OIL POLLUTION PREVENTION:
SPILL PREVENTION, CONTROL, AND
COUNTERMEASURE RULE
REQUIREMENTS—AMENDMENTS FOR
MILK CONTAINERS
Priority: Other Significant
Legal Authority: 33 USC 1321
CFR Citation: 40 CFR 112
Legal Deadline: None
Abstract: The Environmental
Protection Agency (EPA or the Agency)
has proposed to amend the Spill
Prevention, Control, and
Countermeasure (SPCC) rule to exempt
milk containers and associated
equipment and appurtenances on farms
and in other dairy operations subject
to the Grade "A" Pasteurized Milk
Ordinance requirements. Additionally
EPA has requested comment on
alternative approaches to address
facilities that may have milk containers.
This proposal addresses concerns
raised specifically by the dairy farm
sector on the applicability of the SPCC
requirements to milk containers.
Timetable:
Action
NPRM
NPRM Comment
Period End
Final Action
Date FR Cite
01/15/09 74 FR 2461
02/1 7/09
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No.
2634.8; EPA publication information:
NPRM-
http://www.epa.gov/fedrgstr/EPA-
WATER/2009/January/Day-
15/w830.pdf; Split from RIN 2050-
AG16. 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-AG50
292. REVISIONS TO THE NATIONAL
OIL AND HAZARDOUS SUBSTANCES
POLLUTION CONTINGENCY PLAN
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 J of the
National Contingency Plan (NCP). The
Clean Water Act requires EPA to
prepare a schedule of dispersants, other
chemicals, and other spill mitigating
devices and substances, if any, that
may be used in carrying out the NCP.
Under subpart J, respondents wishing
to add a product to the Product
Schedule must submit technical
product data to EPA. The Agency is
considering revisions to subpart J 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
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4526
Sectors Affected: 3251 Basic Chemical
Manufacturing; 325 Chemical
Manufacturing; 3259 Other Chemical
Product Manufacturing; 54 Professional,
Scientific and Technical Services
URL For More Information:
wf\vwr.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
293. 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 sewage
sludge. This method is necessary for
the implementation of water quality-
based permit conditions under the
National Pollutant Discharge
Elimination System (NPDES) of the
Clean Water Act. Water quality-based
permit conditions 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 Determined
To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
State, Local
Additional Information: SAN No. 4049;
URL For More Information:
http://www.epa.gov/waterscience/
methods
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134
Spring 2009 Regulatory Agenda
EPA—Clean Water Act (CWA)
Long-Term Actions
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
294. 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
04/00/10
09/00/11
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/waterscience/rules/
unds
Agency Contact: Brian Rappoli,
Environmental Protection Agency,
Water, 4504T, Washington, DC 20460
Phone: 202 566-1548
Fax: 202 566-1546
Email: rappoli.brian@epa.gov
Jonathan Amson, Environmental
Protection Agency, Water, 4504T,
Washington, DC 20460
Phone: 202 566-1276
Fax: 202 566-1546
Email: amson.jonathan@epa.gov
RIN: 2040-ADS9
295. 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 inconsistencies between
the application forms and the
regulations, provide clarifications,
update data standards, and update the
applications to address current program
practices. 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.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
To Be Determined
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 3786;
EPA publication information: Final
Action-projected date;
Agency Contact: Kathryn Riedlinger,
Environmental Protection Agency,
Water, 4203M, Washington, DC 20460
Phone: 202 564-7004
Fax: 202 564-9544
Email:
riedlinger.kathryn@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
296. 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; 40 CFR 122.42
Legal Deadline: None
Abstract: EPA is considering whether
to develop a notice of rulemaking
outlining a broad-based regulatory
framework for sanitary sewer collection
systems under the NPDES program. The
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Spring 2009 Regulatory Agenda
135
EPA—Clean Water Act (CWA)
Long-Term Actions
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:
Agency Contact: Kevin Weiss,
Environmental Protection Agency,
Water, 4203M, Washington, DC 20460
Phone: 202 564-0040
Fax: 202 564-0742
Email: weiss.kevin@epa.gov
Jennifer Malloy, Environmental
Protection Agency, Water, 4203M,
Washington, DC 20460
Phone: 202 564-6392
Fax: 202 564-6392
Email: malloy.jennifer@epa.gov
RIN: 2 040- ADO 2
297. NPDES PERMIT REQUIREMENTS
FOR PEAK WET WEATHER
DISCHARGES FROM PUBLICLY
OWNED TREATMENT WORK
TREATMENT PLANTS SERVING
SANITARY SEWER COLLECTION
SYSTEMS POLICY
Priority: Other Significant
Legal Authority: 33 USC 1311; 33 USC
1318; 33 USC 1342; 33 USC 1361
CFR Citation: 40 CFR 122.41(m)
Legal Deadline: None
Abstract: During periods of wet
weather, wastewater flows received by
municipal sewage treatment plants can
significantly increase, which can create
operational challenges for sewage
treatment facilities. Where peak flows
approach or exceed the design capacity
of a treatment plant they can seriously
reduce treatment efficiency or damage
treatment units. In addition to
hydraulic concerns, wastewater
associated with peak flows may have
low organic strength, which can also
decrease treatment efficiencies. One
engineering practice that some facilities
use to protect biological treatment units
from damage and to prevent overflows
and backups elsewhere in the system
is referred to as wet weather blending.
Wet weather blending occurs during
peak wet weather flow events when
flows that exceed the capacity of the
biological units are routed around the
biological units and blended with
effluent from the biological units prior
to discharge. Regulatory agencies,
sewage treatment plant operators, and
representatives of environmental
advocacy groups have expressed
uncertainty about National Pollutant
Discharge Elimination System (NPDES)
requirements addressing such
situations. EPA requested public
comment on a proposed policy
published on November 7, 2003. EPA
did not finalize the policy. The policy
options associated with this activity are
still under review.
Timetable:
Action
Date
FR Cite
11/07/03 68 FR 63042
12/22/05 70 FR 76013
To Be Determined
1st Draft Policy
2nd Draft Policy
Final Policy
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Local,
State, Tribal
Federalism: Undetermined
Additional Information: SAN No. 4690;
EPA publication information: 1st Draft
Policy - http://frwebgate.access.gpo.gov/
cgi-bin/getdoc.cgi/dbname=2003
register&docid=fr07no03-24.pdf; EPA
Docket information: EPA-HQ-OW-2005-
0523
Sectors Affected: 22132 Sewage
Treatment Facilities
URL For More Information:
www.epa.gov/npdes
Agency Contact: Kevin Weiss,
Environmental Protection Agency,
Water, 4203M, Washington, DC 20460
Phone: 202 564-0040
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-ADS7
298. 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 is
considering proposing to amend the list
of pollutants eligible for removal
credits in 40 CFR 403.7, Appendix G,
Table II, to add a number of pollutants
that EPA has determined would not
need to be regulated under the sewage
sludge regulations.
Timetable:
Action
Date
FR Cite
ANPRM
NPRM
10/14/05 70 FR 60199
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
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136
Spring 2009 Regulatory Agenda
EPA—Clean Water Act (CWA)
Long-Term Actions
Government Levels Affected: Federal,
State, Local
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
Jan Pickrel, Environmental Protection
Agency, Water, 4203M, Washington, DC
20460
Phone: 202 564-7904
Fax: 202 564-6431
Email: pickrel.jan@epa.gov
RIN: 2040-AE88
299. 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);
40 CFR 415 (Revision)
Legal Deadline: None
Abstract: EPA is considering revising
the existing effluent guidelines and
standards for the manufacture of
chlorinated hydrocarbons and
elemental chlorine. We refer to this
industrial segment as chlorine and
chlorinated hydrocarbons
manufacturing, or CCH. Currently,
wastewater discharges from chlorinated
hydrocarbons manufacturing are subject
to the Organic Chemicals, Plastics, and
Synthetic Fibers (OCPSF) Point Source
Category (40 CFR part 414). The
wastewater discharges from chlorine
manufacturing through the chlor-alkali
manufacturing process are subject to
the Inorganic Chemicals Point Source
Category (40 CFR part 415). Based on
a preliminary study, discharges from
vinyl chloride and chlor-alkali
manufacturing might contain significant
quantities of toxic pollutants, including
dioxin. Since this effluent guidelines
review began, EPA has gathered
industry data through site visits and
sampling and also developed a survey
to collect detailed site-specific data
from all known CCH manufacturers.
Because CCH member companies are
currently collecting data to characterize
baseline discharge quantities of dioxin,
at this time EPA is deferring its efforts
to survey the CCH industry.
Timetable:
Action
Date FR Cite
NPRM
Final Action
To Be 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 Liminitations
Guidelines and Standards for the Vinyl
Chloride and Chlor-Alkali Point Source
Categories; EPA Docket information:
EPA-HQ-OW-2005-0012
URL For More Information:
www.epa.gov/waterscience/guide/cch/
Agency Contact: Samantha Lewis,
Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202 566-1058
Email: lewis.samantha@epamail.epa.gov
Janet Goodwin, Environmental
Protection Agency, Water, 4303T,
Washington, DC 20460
Phone: 202 566-1060
Email: goodwin.janet@epamail.epa.gov
RIN: 2040-AE82
300. NEW/REVISED AMBIENT WATER
QUALITY CRITERIA (AWQC) FOR
RECREATIONAL WATERS
Priority: Substantive, Nonsignificant
Legal Authority: CWA 304(a)(9)
CFR Citation: Not Yet Determined
Legal Deadline: Final, Statutory,
October 10, 2005, CWA section
304(a)(9), 10/10/2005.
Other, Judicial, October 15, 2012, The
judicial (court ordered) deadline is
October 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
pursuant to CWA 303(i)(l)(B). The
scientific foundation for the
development of new or revised
recreational water quality criteria is the
relevant research and studies that EPA
and others have conducted prior to
2007 and the research and studies that
EPA (and others) will undertake
between 2007 and the end of 2010.
These studies are fully described in
EPA's "Critical Path Science Plan for
the Development of New or Revised
Recreational Water Quality Criteria"
(CPSP) as well as the Settlement
Agreement and Consent Decree EPA
signed to resolve litigation related to
the deadlines for completing studies
under CWA 104(v) and publishing
criteria under CWA 304(a)(9)(A). 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
Additional Information: SAN No. 4967
Agency Contact: Stephen Schaub,
Environmental Protection Agency,
Water, 4304T, Washington, DC 20460
Phone: 202 566-1126
Fax: 202 566-1126
Email: stephen.schaub@epa.gov
RIN: 2040-AE77
301. IMPLEMENTATION GUIDANCE
FOR MERCURY WATER QUALITY
CRITERIA
Priority: Other Significant
Legal Authority: 33 USC 1251 et seq
CFR Citation: Not Yet Determined
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
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Spring 2009 Regulatory Agenda
137
EPA—Clean Water Act (CWA)
Long-Term Actions
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 Notice
To Be Determined
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
302. • DEVELOPMENT OF BEST
MANAGEMENT PRACTICES FOR
RECREATIONAL BOATS UNDER
SECTION 312(O) OF THE CLEAN
WATER ACT
Priority: Other Significant
Unfunded Mandates: Undetermined
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: Final, Statutory, July
29, 2009, Clean Boating Act requires
promulgation w/in 1 year of enactment.
Abstract: This action is for the
development of regulations by EPA to
implement the Clean Boating Act
(Public Law 110-288), which was
signed by the President on July 29,
2008. The Clean Boating Act amends
section 402 of the Clean Water Act
(CWA) to exclude recreational vessels
from National Pollutant Discharge
Elimination System permitting
requirements. In addition, it adds a
new CWA section 312 (o) directing EPA
to develop regulations that identify the
discharges incidental to the normal
operation of recreational vessels (other
than a discharge of sewage) for which
it is reasonable and practicable to
develop management practices to
mitigate adverse impacts on waters of
the United States. In addition, those
regulations need to include those
management practices, including
performance standards for each such
practice. Following promulgation of the
EPA performance standards, new CWA
section 312(o) directs the Coast Guard
to promulgate regulations governing the
design, construction, installation, and
use of the management practices.
Following promulgation of the Coast
Guard regulations, the Clean Boating
Act prohibits the operation of a
recreational vessel or any discharge
incidental to their normal operation in
waters of the United States and waters
of the contiguous zone (i.e., 12 miles
into the ocean), unless the vessel owner
or operator is using an applicable
management practice meeting the EPA-
developed performance standards.
Timetable:
Action
Date
FR Cite
NPRM
Final Action
04/00/10
03/00/11
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5311
Agency Contact: John Lishman,
Environmental Protection Agency,
Water, 4504T, Washington, DC 20460
Phone: 202 566-1364
Email: lishman.john@epamail.epa.gov
David Redford, Environmental
Protection Agency, Water, 4504T,
Washington, DC 20460
Phone: 202 566-1288
Email: redford.david@epamail.epa.gov
RIN: 2040-AF03
Environmental Protection Agency (EPA)
Clean Water Act (CWA)
Completed Actions
303. 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: 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. As a result, EPA has
amended the definition of "navigable
waters" in part 112 to comply with that
decision.
Timetable:
Action
Final Action
Correction Notice
Date FR Cite
11/26/08 73 FR 71 941
12/11/08 73 FR 75346
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State, Local, Tribal
Additional Information: SAN No.
2634.6; EPA publication information:
Final Action -
http://www.epa.gov/fedrgstr/EPA-
WATER/2008/November/Day-
26/w28123.pdf; 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
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138
Spring 2009 Regulatory Agenda
EPA—Clean Water Act (CWA)
Completed Actions
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
304. 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: The objective of this action
was to promulgate at 40 CFR Part 136
procedures and guidance for use in
Clean Water Act compliance
monitoring. These procedures and
guidance included performance criteria
against which a method developer
could evaluate the performance of a
candidate Clean Water Act compliance
monitoring method for chemical
pollutants. EPA has separately
published other method flexibilities
that make this regulatory change
unnecessary. In March 2007, EPA
amended 40 CFR Part 136.6, which
achieves the same objectives. This
action is no longer needed.
Timetable:
Action
Date
FR Cite
NPRM
Withdrawn
03/28/97 62 FR 14975
02/19/09
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
305. CONCENTRATED ANIMAL
FEEDING OPERATION RULE
Priority: Other Significant
Legal Authority: CWA 301; CWA 304;
CWA 306; CWA 307; CWA 308; CWA
402; CWA 501
CFR Citation: 40 CFR 122; 40 CFR 412
Legal Deadline: None
Abstract: This rulemaking responded
to the U.S. Court of Appeals for the
Second Circuit's February 28, 2005,
decision in Waterkeeper Alliance vs.
EPA, which remanded and/or vacated
certain provisions in the Concentrated
Animal Feeding Operations (CAFO)
rule found at 40 CFR parts 122 and
412. This 2008 final rule defined the
circumstances under which CAFOs
must seek permit coverage, and
established an optional means for
nondischarging CAFOs to certify that
they are not required to apply for a
permit if they qualify for certification.
The final rule also required the terms
of NMPs to be incorporated into CAFO
permits and established a process to
make the terms of the NMP available
for public comment, approved by the
permitting authority, and incorporated
into a general permit. In addition, the
final rule included an alternative means
for certain new source operations to
meet the new source performance
standards and addressed issues
remanded for further review and
explanation.
Timetable:
Action
Date
FR Cite
NPRM 06/30/06 71 FR37744
Supplemental NPRM 03/07/08 73 FR 12321
Final Action 11/20/08 73 FR 70417
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/2 006/June/Day-3 0/w5 773 .htm;
EPA Docket information: EPA-HQ-OW-
2005-0037
Agency Contact: George Utting,
Environmental Protection Agency,
Water, 4203M, Washington, DC 20460
Phone: 202 564-0744
Email: utting.george@epamail.epa.gov
Rebecca Roose, Environmental
Protection Agency, Water, 4203M,
Washington, DC 20460
Phone: 202 564-0758
Email: roose.rebecca@epamail.epa.gov
RIN: 2040-AE80
306. NPDES GENERAL PERMITS 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 was
necessary to address a District Court
ruling which vacated a regulatory
exemption at 40 CFR 122.3(a). Nw.
Envtl. Advocates v. EPA, 2006 U.S.
Dist. LEXIS 69476 (N.D. Cal. Sept. 18,
2006). The regulation excluded
discharges incidental to the normal
operation of a vessel from NPDES
permitting and had existed, essentially
unchanged, since 1973. Under the
ruling and subsequent extensions, the
district court vacated the entire
exclusion as of February 6, 2009. Once
vacatur took place, discharges of
pollutants incidental to the normal
operation of a vessel that had formerly
been exempted from NPDES permitting
by the regulation became subject to the
prohibition in CWA section 3 01 (a)
against the discharge of a pollutant
without an NPDES permit.
Timetable:
Action
Date
FR Cite
Proposal
Final
06/17/08 73 FR 34296
12/29/08 73 FR 79473
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
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Spring 2009 Regulatory Agenda
139
EPA—Clean Water Act (CWA)
Completed Actions
Juhi Saxena, Environmental Protection
Agency, Water, 4504T, Washington, DC
20460
Phone: 202 564-0719
Email: saxena.juhi@epamail.epa.gov
RIN: 2040-AE93
307. REVISIONS TO THE CLEAN
WATER ACT REGULATORY
DEFINITION OF "DISCHARGE OF
DREDGED MATERIAL"
Priority: Info./Admin./Other
Legal Authority: 33 USC 1344
CFR Citation: 33 CFR 323.3; 40 CFR
232.2
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 12/30/08 73 FR 79641
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
308. • 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
withdraws the NPDES Voluntary Permit
Fee Incentive for Clean Water Act
Section 106 Grants; Allotment Formula
(Permit Fee Rule). The Permit Fee Rule
was published in the Federal Register
on September 10, 2008, and allowed
EPA to allot an amount not to exceed
3 percent of the FY 2008 State
allotment (approximately $5.1 million)
as a financial incentive for States that
utilize adequate fee programs to
support authorized NPDES permit
program activities.
The purpose of the Permit Fee Rule
was to encourage States to voluntarily
collect NPDES permit fees by providing
an incentive for States to move toward
greater sustainability in the way they
manage and budget for environmental
programs and to shift part of the
financial burden to those who benefit
from NPDES permits. However, States'
concern with the rule and ongoing
congressional opposition to EPA
creating an incentive pool with section
106 funds has caused the Agency to
reconsider this approach. Therefore,
EPA withdrew the Permit Fee Rule but
will continue to encourage States to
establish and expand their permit fee
programs. The growing complexity of
water quality issues has prompted more
States to implement NPDES permit fee
programs. An estimated 42 States
currently have permit fee programs in
place with such fees paying for all or
a portion of the cost of a State's permit
program.
Timetable:
Action
Date FR Cite
01/04/07 72FR293
09/10/08 73 FR 52585
04/15/09 74 FR 17403
NPRM
Final Action
Withdrawal of Final
Action
Regulatory Flexibility Analysis
Required: No
Government Levels Affected: State
Additional Information: SAN No. 5243;
EPA publication information: NPRM -
http://www.epa.gov/fedrgstr/EPA-
WATER/ 2 00 7/January/Day-
04/w22549.htm; Final Action-
http://www.epa.gov/fedrgstr/EPA-
WATER/2008/September/Day-
10/w21046.htm; Withdrawal of Final
Action -
http://www.epa.gov/fedrgstr/EPA-
WATER/2009/April/Day-15/w8644.pdf;
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, 1200
Pennsylvania Avenue NW, Washington,
DC 20460
Phone: 202 564-3880
Email:
delehanty.robyn@epamail.epa.gov
Related RIN: Previously reported as
2040-AE99
RIN: 2040-AF07
Environmental Protection Agency (EPA)
Safe Drinking Water Act (SDWA)
P re rule Stage
309. • REVISIONS TO THE
UNDERGROUND INJECTION
CONTROL (UIC) REQUIREMENTS FOR
CLASS V WELLS (SECTION 610
REVIEW)
Priority: Info./Admin./Other
Unfunded Mandates: Undetermined
Legal Authority: 5 USC 610
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: Class V wells are regulated
under the authority of part C of the
Safe Drinking Water Act (SDWA). The
SDWA is designed to protect the
quality of drinking water in the United
States, and part C specifically mandates
the regulation of underground injection
of fluids through wells. The Agency has
promulgated a series of underground
injection control (UIC) regulations
under this authority. Most class V wells
are authorized by rule as long as (1)
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140
Spring 2009 Regulatory Agenda
EPA—Safe Drinking Water Act (SDWA)
Prerule Stage
they do not endanger underground
sources of drinking water (USDWs),
and (2) the well owners or operators
submit basic inventory and assessment
information. If a class V well may
endanger USDWs, UIC Program
Directors can require the
owner/operator to apply for a permit,
order preventive actions (including
closure of the well) to prevent the
violation, require remediation to assure
USDWs are protected, or take
enforcement action.
On December 7, 1999, EPA finalized
additional requirements for motor
vehicle waste disposal wells and large
capacity cesspools, to embrace
priorities and help achieve goals
defined under the 1996 Amendments
to the SDWA, and to fulfill the first
phase of the Agency's requirements
under the 1997 consent decree with the
Sierra Club. The 1999 Rule established
requirements for two categories of class
V injection wells determined by EPA
to be a source of endangerment to
drinking water. Specifically, the rule
covers: (1) Existing motor vehicle waste
disposal wells located in ground water
protection areas or other sensitive
ground water areas; and, (2) new and
existing large-capacity cesspools and
new motor vehicle waste disposal wells
nationwide. The conclusion that these
class V wells pose an endangerment to
USDWs is based on substantial
information and the combined
professional judgment of EPA and State
geologists and engineers that are
responsible for implementing the class
V UIC program.
This new entry in the regulatory agenda
announces that while EPA has taken
steps in the 1999 Rulemaking process
to evaluate and mitigate impacts on
small entities, pursuant to section 610
of the Regulatory Flexibility Act, EPA
will review the Class V Rule. As part
of the review, EPA will consider and
solicit comments on the following
factors: (1) The continued need for the
rule; (2) the nature of complaints or
comments received concerning the rule;
(3) the complexity of the rule; (4)the
extent to which the rule overlaps,
duplicates, or conflicts with other
Federal, State, or local government
rules; and (5) the degree to which the
technology, economic conditions or
other factors have changed in the area
affected by the rule. Based on the
evaluation of the Class V Rule during
promulgation, EPA believes there is a
continued need for the Class V Rule.
EPA assumes that the regulatory impact
of two endangering well types on small
business is not significant because the
Agency believes most of these well
types have been either closed or
permitted.
Comments must be received by August
11, 2009. In submitting comments,
please reference Docket ID EPA-HQ-
OW-2009-0082 and follow the
instructions in section I of the preamble
to this issue of the Regulatory Agenda.
The docket can be assessed at
\vwf\v.regulations.gov.
Timetable:
Action
Final Action
Begin Review
End Comment Period
End Review
Date FR Cite
12/07/99 64 FR 68546
05/00/09
08/00/09
12/00/09
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5332;
EPA Docket information: EPA-HQ-OW-
2009-0082
Agency Contact: Stephanie Flaharty,
Environmental Protection Agency,
Water, 4601M, Washington, DC 20460
Phone: 202 564-5072
Email:
flaharty.stephanie@epamail.epa.gov
Sandy Evalenko, Environmental
Protection Agency, Water, 4101M,
Washington, DC 20460
Phone: 202 564-0264
Email: evalenko.sandy@epamail.epa.gov
RIN: 2040-AF04
Environmental Protection Agency (EPA)
Safe Drinking Water Act (SDWA)
Proposed Rule Stage
310. 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: None
Abstract: The Safe Drinking Water Act
(SDWA) requires EPA to review and
revise, if appropriate, all National
Primary Drinking Water Regulations
(NPDWRs) no less frequently than once
every six years. According to SDWA,
any revisions of drinking water
regulations must maintain, or increase,
the level of public health protection
provided; however, EPA may identify
regulatory changes that will streamline
or reduce existing requirements without
lessening the level of public health
protection. As part of this action, the
Office of Water (OW) will implement
the existing protocol for conducting
each six year review (developed under
the first six year review cycle) to
review critical elements for regulated
chemical contaminants (e.g., health
risks, occurrence, analytical methods,
treatment technologies). No new
requirements will be imposed by this
action. The purpose of the review is
to determine whether new data,
technology, or other factors exist that
justify revisions to existing NPDWRs.
The outcome of the review will be a
Federal Register notice making
available the results of the Agency's
review and recommendations for any
regulations the Agency may consider
revising. Because this action does not
change or add to existing requirements,
OW will not be performing a formal
economic analysis or consulting with
small businesses, governments, or tribal
officials. OW does not plan to generate
new data as part of this action; the
review will be based on recent
compliance data from public water
systems and existing data on health
effects (such as completed IRIS and
OPPTS health risk assessments) and
analytical methods.
Timetable:
Action
Date FR Cite
Preliminary Notice
Final Notice
08/00/09
05/00/11
Regulatory Flexibility Analysis
Required: Undetermined
Government Levels Affected: None
Additional Information: SAN No. 5066
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Spring 2009 Regulatory Agenda
141
EPA—Safe Drinking Water Act (SDWA)
Proposed Rule Stage
Agency Contact: Karen Wirth,
Environmental Protection Agency,
Water, 4607M, Washington, DC 20460
Phone: 202 564-5246
Fax: 202 564-3760
Email: wirth.karen@epamail.epa.gov
Rajiv Khera, Environmental Protection
Agency, Water, 4607M, Washington, DC
20460
Phone: 202 564-4881
Fax: 202 564-3760
Email: khera.rajiv@epamail.epa.gov
RIN: 2040-AE90
Environmental Protection Agency (EPA)
Safe Drinking Water Act (SDWA)
Final Rule Stage
311. 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: Businesses
Government Levels Affected: None
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/
airlinew ater/index2 .html
Agency Contact: Rick Naylor,
Environmental Protection Agency,
Water, 4606M, Washington, DC 20460
Phone: 202 564-3847
Fax: 202 564-3847
Email: naylor.richard@epa.gov
RIN: 2040-AE84
312. DRINKING WATER
CONTAMINANT CANDIDATE LIST 3
Priority: Other Significant
Legal Authority: 42 USC 300g-l(b)
CFR Citation: Not Yet Determined
Legal Deadline: None
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 (NOWAC), as applicable, use
an approach to identify and narrow a
very broad universe of potential
contaminants into a smaller, more
focused list for future CCLs.
Timetable:
Action
Date
FR Cite
Preliminary
Final Action
02/21/08 73 FR 9627
10/00/09
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-
21/w3114.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: 202 564-4885
Fax: 202 564-3760
Email:
carpenter.thomas@epamail.epa.gov
Eric Burneson, Environmental
Protection Agency, Water, 4607M,
Washington, DC 20460
Phone: 202 564-5250
Fax: 202 564-3760
Email: burneson.eric@epamail.epa.gov
RIN: 2040-AD99
313. NATIONAL PRIMARY DRINKING
WATER REGULATIONS: MINOR
CORRECTION TO STAGE 2
DISINFECTANTS & DISINFECTION
BYPRODUCTS RULE AND CHANGES
RELATED TO REFERENCES OF
ANALYTICAL METHODS IN THE CFR
Priority: Info./Admin./Other
Legal Authority: 42 USC 300f and 42
USC 300g-l
CFR Citation: Not Yet Determined
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
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142
Spring 2009 Regulatory Agenda
EPA—Safe Drinking Water Act (SDWA)
Final Rule Stage
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.
Timetable:
Action
Date
FR Cite
Action
Date FR Cite
NPRM
11/14/08 73 FR 67456
NPRM Comment 01/13/09
Period End
Final Action 11/00/09
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, 4607M, Washington, DC 20460
Phone: 202 564-5262
Fax: 202 564-3767
Email: grubbs.thomas@epamail.epa.gov
Pat Fair, Environmental Protection
Agency, Water, USEPA Facilities,
Cincinnati, OH 45268
Phone: 513 569-7937
Email: fair.pat@epamail.epa.gov
RIN: 2040-AFOO
Environmental Protection Agency (EPA)
Safe Drinking Water Act (SDWA)
Long-Term Actions
314. 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 and 142
Legal Deadline: None
Abstract: In 1999, EPA proposed
regulations for radon which provide
flexibility in how to manage the health
risks from radon in drinking water. The
proposal was based on the unique
framework in the 1996 SDWA. The
proposed regulation would provide for
either a maximum contaminant level
(MCL), or an alternative maximum
contaminant level (AMCL) with a
multimedia mitigation (MMM) program
to address radon in indoor air. Under
the proposal, public water systems in
States that adopted qualifying MMM
programs would be subject to the
AMCL, while those in States that did
not adopt such programs would be
subject to the MCL.
Timetable:
Action
ANPRM
NPRM original
Notice99
NPRM
Final Action
Date
09/30/86
07/18/91
02/26/99
11/02/99
To Be
FR Cite
51 FR 34836
56 FR 33050
64 FR 9560
64 FR 59246
Determined
Regulatory Flexibility Analysis
Required: Yes
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
Local, State, Tribal
Federalism: This action may have
federalism implications as defined in
EO 13132.
Additional Information: SAN No. 2281;
EPA 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: 202 564-1689
Fax: 202 564-3760
Email: allen.rebeccak@epamail.epa.gov
Eric Burneson, Environmental
Protection Agency, Water, 4607M,
Washington, DC 20460
Phone: 202 564-5250
Fax: 202 564-3760
Email: burneson.eric@epamail.epa.gov
RIN: 2040-AA94
315. 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
Date FR Cite
NPRM To Be Determined
Final Action To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses,
Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal,
State, Local, Tribal
Federalism: Undetermined
Additional Information: SAN No. 3238;
Sectors Affected: 22131 Water Supply
and Irrigation Systems
Agency Contact: Dan Olson,
Environmental Protection Agency,
Water, 4607M, Washington, DC 20460
Phone: 202 564-5239
Fax: 202 564-3760
Email: olson.daniel@epa.gov
RIN: 2040-AC 13
316. 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
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Spring 2009 Regulatory Agenda
143
EPA—Safe Drinking Water Act (SDWA)
Long-Term Actions
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: 2 040-ADS 4
317. NATIONAL PRIMARY DRINKING
WATER REGULATIONS: REVISIONS
TO THE TOTAL COLIFORM RULE
Priority: Other Significant
Legal Authority: 42 USC 300f et seq
CFR Citation: 40 CFR 141; 40 CFR 142
Legal Deadline: None
Abstract: EPA is revising the Total
Coliform Rule (TCR), which was
published in 1989. On July 18, 2003,
EPA published a Federal Register (68
FR 42907) Notice of Intent to revise the
TCR. EPA intends revisions to the TCR
to maintain or provide for greater
human health protection than under
the existing TCR while improving
system efficiency. A Federal Advisory
Committee recommended that EPA, as
part of the TCR 6-year review process,
"initiate a process for addressing cross-
connection control and backflow
prevention requirements and consider
additional distribution system
requirements related to significant
health risks." The original TCR,
promulgated in 1989, protects human
health by requiring microbial
monitoring in drinking water
distribution systems. The TCR does not
include distribution system corrective
or protective requirements to reduce
contamination from coliforms and other
contaminants. Since then, EPA has
gained a better understanding of
distribution system impacts on human
health and, therefore, intends to
strengthen the TCR and to consider
how to address distribution system
contamination issues. The process to do
so involves a performance evaluation,
development of issue papers on both
distribution systems and total coliform,
stakeholders meetings, and proposed
and final rules. EPA has also convened
a Federal Advisory Committee to
address the TCR revisions and to
consider distribution system issues.
Timetable:
Action
Date FR Cite
NPRM
Final Action
08/00/10
10/00/12
Regulatory Flexibility Analysis
Required: Undetermined
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: Sean Conley,
Environmental Protection Agency,
Water, 4607M, Washington, DC 20460
Phone: 202 564-1781
Fax: 202 564-3767
Email: conley.sean@epamail.epa.gov
Thomas Grubbs, Environmental
Protection Agency, Water, 4607M,
Washington, DC 20460
Phone: 202 564-5262
Fax: 202 564-3767
Email: grubbs.thomas@epamail.epa.gov
RIN: 2040-AD94
318. 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
requirements of those programs are
federally enforceable. EPA Regional
Offices will be submitting State
revision packages as they are
completed. Part 147 will then be
updated in several stages. This is the
first stage. This effort should have no
impact on the regulated community
because we will merely be
incorporating by reference elements of
already effective State programs.
Timetable:
Action
Date FR Cite
Direct Final Rule
To Be Determined
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: Federal,
State
Additional Information: SAN No. 4236
Agency Contact: Robert-Eu Smith,
Environmental Protection Agency,
Water, 4606M, Washington, DC 20460
Phone: 202 564-3895
Fax: 202 564-3756
Email: smith.robert-eu@epamail.epa.gov
Jeff Jollie, Environmental Protection
Agency, Water, WTR9, Washington, DC
20460
Phone: 202 564-3886
Fax: 415 947-3549
Email: jollie.jeff@epamail.epa.gov
RIN: 2040-AD40
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144
Spring 2009 Regulatory Agenda
EPA—Safe Drinking Water Act (SDWA)
Long-Term Actions
319. 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 144-146
(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
Final Action
07/25/08 73 FR 43491
12/00/10
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, Washington, DC 20460
Phone: 202 564-3896
Email: whitehurst.lee@epamail.epa.gov
RIN: 2040-AE98
320. REVISING UNDERGROUND
STORAGE TANK REGULATIONS
(PART 280, 281)—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
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 develop
regulations for secondary containment
and operator training to apply 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. EPA also
plans to develop regulations for
delivery prohibition that EPA may
apply in its enforcement actions. 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
Final Action
04/00/10
To Be Determined
Regulatory Flexibility Analysis
Required: Undetermined
Small Entities Affected: Businesses,
Governmental Jurisdictions
Government Levels Affected: Federal,
Local, State, Tribal
Additional Information: SAN No. 5284;
None
URL For More Information:
http://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
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Spring 2009 Regulatory Agenda
145
Environmental Protection Agency (EPA)
Marine Protection Research and Sanctuary Act (MPRSA)
Completed Actions
321. • REPEAL OF REGULATION
IDENTIFYING "DUMPING SITES
DESIGNATED ON AN INTERIM BASIS"
UNDER THE MARINE PROTECTION,
RESEARCH, AND SANCTUARIES ACT
Priority: Substantive, Nonsignificant
Legal Authority: MPRSA section 108,
33 USC 1418
CFR Citation: 40 CFR 228.14
Legal Deadline: None
Abstract: This final rule would remove
40 CFR 228.14 "Dumping sites
designated on an interim basis" from
the Ocean Dumping regulations. Under
section 506 of the Water Resources
Development Act (WRDA) of 1992, the
authority to use these dumping sites
expired in January 1997. Though no
interim sites have been designated
since the WRDA amendments, the
interim site designation has been
revised three times since then to delete
individual sites that were designated on
a final basis. The removal of section
228.14 is needed as a housekeeping
measure to implement the 1992 Act.
Additionally, the regulated community
is confused by the fact that the interim
sites are listed in the regulation yet
unavailable for use.
Timetable:
Action
Date
FR Cite
Direct Final Action 12/10/08 73 FR 74983
Regulatory Flexibility Analysis
Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 5290;
EPA publication information: Direct
Final Action -
http://edocket.access.gpo.gov/2008/pdf/
E8-28842.pdf
Agency Contact: Katherine Weiler,
Environmental Protection Agency,
Water, 4504T, Washington, DC 20460
Phone: 202 566-1280
Email:
weiler.katherine@epamail.epa.gov
Elizabeth Kim, Environmental
Protection Agency, Water, 4504T,
Washington, DC 20460
Phone: 202 566-1270
Email: kim.elizabeth@epamail.epa.gov
RIN: 2040-AF01
Environmental Protection Agency (EPA)
Shore Protection Act (SPA)
Long-Term Actions
322. SHORE PROTECTION ACT,
REGULATIONS
Priority: Substantive, Nonsignificant
Legal Authority: 33 USC 2601 "Shore
Protection Act of 1988"; PL 100-688
"410303)"
CFR Citation: 40 CFR 237
Legal Deadline: None
Abstract: This rule proposed to
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 proposed 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. 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 Jurisdictions
Government Levels Affected: Federal,
Local
Additional Information: SAN No. 2820;
Agency Contact: David Redford,
Environmental Protection Agency,
Water, 4504T, Washington, DC 20460
Phone: 202 566-1288
Email: redford.david@epamail.epa.gov
RIN: 2040-AB85
[FRDoc. E9-10279 Filed 05-08-09; 8:45 am]
BILLING CODE 6560-50-S
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Spring 2009 Regulatory Agenda
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-AF04 Revisions to the Underground Injection Control (UIC) Requirements for Class V Wells
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 National Primary Drinking Water Regulations: Radon
Combined Rulemakm8 f°r Industrial, Commercial, and Institutional Boilers and Process Heaters at Major
Sources of HAP and Industrial, Commercial, and Institutional Boilers at Area Sources
2060-AO81 Renewable Fuels Standard Program
2070-AJ20 Pesticides; Competency Standards for Occupational Users
2070-AJ22 Pesticides; Agricultural Worker Protection Standard Revisions
Governmental Jurisdictions
2040-AA94 National Primary Drinking Water Regulations: Radon
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
Organizations
7060 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.
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Spring 2009 Regulatory Agenda
Businesses
2025-AA19
2025-AA11
2025-AA16
2025-AA17
2025-AA02
2040-AE95
2040-AE91
2040-AE84
2040-AD09
2040-AE82
2040-AC13
2040-AB85
2050-AG44
2050-AG45
2050-AE51
2050-AE87
2050-AG46
2050-AG43
2060-AN46
2060-AN47
2060-AO15
2060-AO94
2060-A098
2060-AI62
2060-AO38
2060-AE94
2060-ANOO
2060-AO12
2060-AO17
2060-AO79
2060-AP22
2060-AP34
2060-AO25
TRI; Response to Petition To Delete Acetonitrile From 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
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
Criteria and Standards for Cooling Water Intake Structures—Phase II Remand
Effluent Limitations Guidelines and Standards for the Construction and Development Point Source
Category
Drinking Water Regulations for Aircraft Public Water System
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
Identification of Non-Hazardous Materials That Are Solid Wastes
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
Revisions to the National Oil and Hazardous Substances Pollution Contingency Plan
Revising Underground Storage Tank Regulations (Part 280, 281)—Revisions to Existing Requirements and
Additions to Incorporate the Provisions of the Energy Policy Act
NESHAP: National Emission Standard for Hazardous Air Pollutants: Standards for Hazardous Waste
Combustors; PM Standards Amendments (Withdrawn)
NESHAP: Area Source Standards-Chemical Preparations Industry
NESHAP: Area Source Standards-Paints and Allied Products Manufacturing
NESHAP: Portland Cement Notice of Reconsideration
NESHAP: Area Source Standards-Asphalt Processing and Asphalt Roofing Manufacturing
NESHAP: Area Source Standards-Prepared (Animal) Feeds Manufacturing
National VOC Emission Standards for Consumer Products and Architectural and Industrial Maintenance
Coatings; Amendments
Control of Emissions From New Marine Compression-Ignition Engines At or Above 30 Liters per Cylinder
NSPS: SOCMI-Wastewater and Amendment
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
Air Quality: Revision to Definition of Volatile Organic Compounds—Exclusion of Family of Four
Hydrofluoropolyethers (HFPEs) and HFE-347pc-f
Greenhouse Gas Mandatory Reporting Rule
Air Quality: Revision to Definition of Volatile Organic Compounds—Exclusion of Methyl Bromide and
Methyl Iodide
NSPS Equipment Leaks (Subpart VV SOCMI and GGG Petroleum Refineries); Amendments
Revision of Hearing-Protector Regulations
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Spring 2009 Regulatory Agenda
2060-AH37
2060-A093
2060-AO04
2060-AK26
2060-AO42
2060-AO90
2060-AP44
2060-AN43
2060-AM55
2060-AO66
2060-AM37
2060-AO13
2060-A016
2060-A029
2070-AJ38
2070-AJ26
2070-AJ43
2070-AD16
2070-AD61
2070-AD58
2070-AB27
2070-AJ31
2070-AB11
2070-AJ29
2070-AD30
2070-AJ49
2070-AJ32
2070-AD14
2070-AJ45
2070-AC51
2070-AJ04
2070-AA58
2070-AC37
2070-AC64
2070-AD64
2070-AB08
2070-AB79
Review of New Sources and Modifications in Indian Country
NESHAP: Area Source Standards-Aluminum, Copper, and Other Nonferrous Foundries
Hospital/Medical/mfectious Waste Incineration Units-Response to Remand
Protection of Stratospheric Ozone: Listing of Substitutes for Ozone-Depleting Substances: N-Propyl
Bromide
Review of New Source Performance Standards—Portland Cement
NSPS for Equipment Leaks; Amendments
National Emission Standards for Hazardous Air Pollutants for Area Sources: Electric Arc Furnace
Steelmaking Facilities; Direct Final Amendments
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
Plywood and Composite Wood Products (PCWP) NESHAP-Proposed and Final Amendments To Address
"No Emission Reduction" MACT Floors
NESHAP: Area Source Standards—Plating and Polishing
NESHAP: Ferroalloys Production—Area Source Standards
Risk and Technology Review for Group 1: Polymers & Resins I; Polymers & Resins II, Acetal Resins, and
Hydrogen Fluoride
Protection of Stratospheric Ozone: Reserving Pre-2005 Stocks of Methyl Bromide for Critical Use Growers
Poly chlorinated Biphenyls (PCBs); Use and Distribution in Commerce
Pesticides; Determination of Status of Prions as Pests
TSCA Inventory Update Reporting Modifications
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
Significant New Use Rule (SNUR); Chemical-Specific SNURs To Extend Provisions of Section 5(e) Orders
Significant New Use Rule for Chloranil
TSCA Section 8(d) Health and Safety Data Reporting Rules
Pesticide Agricultural Container Recycling Program
Pesticides; Data Requirements for Antimicrobials
Pesticides; Data Requirements for Product Performance
Regulations To Facilitate Compliance With the Federal Insecticide, Fungicide, and Rodenticide Act by
Producers of Plant-Incorporated Protectants (PIPs)
Pesticides; Registration Requirements for Antimicrobial Pesticide Products
Pesticides; Reconsideration of Exemptions for Insect Repellents
Asbestos Model Accreditation Plan Revisions
TSCA Inventory Nomenclature for Enzymes and Proteins
Follow-Up Rules on Existing Chemicals
Refractory Ceramic Fibers (RCFs)
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 Section 8(a) Preliminary Assessment Information Rules
Test Rule; Certain Chemicals on the ATSDR Priority List of Hazardous Substances
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Spring 2009 Regulatory Agenda
2070-AB94 Testing for Existing Chemicals (Overview Entry for Future Needs)
2070-AC76 Test Rule; Hazardous Air Pollutants (HAPs)
2070-AD44 Test Rule; Multiple Substance Rule for the Testing of Developmental and Reproductive Toxicity
2070-AD53 TSCA Policy Statement on Oversight of Transgenic Organisms (Including Plants)
2070-AJ07 Testing Agreement for Aryl Phosphates (ITC List 2)
2070-AJ47 Test Rule; Multiwall Carbon Nanotubes
2070 A T50 TSCA Section 1 3 Amendment: Electronic Reporting of TSCA Chemical Import Data in the Automated
- Commercial Environment (ACE)
9 070 A T40 Lead-Based Paint Activities; Fees for Accreditation of Training Programs and Certification of Lead-Based
- Paint Activities Contractors
2070-AD25 Voluntary High Production Volume (HPV) Chemical Challenge Program
2070-AJ06 Testing Agreement for Perfluorooctanoic Acid (PFOA)
2070-AJ09 HAPs Testing Agreement for Diethanolamine
Governmental Jurisdictions
2040-AE95 Criteria and Standards for Cooling Water Intake Structures-Phase II Remand
2040-AE91 Effluent Limitations Guidelines and Standards for the Construction and Development Point Source Category
9040 ADOQ ^es^ Procedures for the Analysis of Co-Planar and Mono-Ortho-Substituted Polychlorinated Biphenyls
(PCBs) Under the Clean Water Act
2040 AD02 NPDES Permit Requirements for Municipal Sanitary and Combined Sewer Collection Systems, Municipal
- Satellite Collection Systems, Sanitary Sewer Overflows, and Peak Excess Flow Treatment Facilities
2040-AC13 National Primary Drinking Water Regulations: Aldicarb
2040-AB85 Shore Protection Act, Regulations
2050 AC45 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
9050 AP46 Revising Underground Storage Tank Regulations (Part 280, 281)— Revisions to Existing Requirements and
- Additions to Incorporate the Provisions of the Energy Policy Act
2060-AO79 Greenhouse Gas Mandatory Reporting Rule
2060-AH37 Review of New Sources and Modifications in Indian Country
2060 AN43 Federal Plan Requirements for Other Solid Waste Incineration Units Constructed On or Before December 9,
2070-AC51 Asbestos Model Accreditation Plan Revisions
2070-AA58 Follow-Up Rules on Existing Chemicals
9n7n A rfA Lead-Based Paint Activities; Bridges and Structures; Training, Accreditation, and Certification Rule and
2U/U-A164 Model state plan Ruk
To-70 A r/in Lead-Based Paint Activities; Fees for Accreditation of Training Programs and Certification of Lead-Based
2.\J /\J~r\J^\J -r\ • i /, i • • i • f~\
- Paint Activities Contractors
2070-AD25 Voluntary High Production Volume (HPV) Chemical Challenge Program
Organizations
2040-AC13 National Primary Drinking Water Regulations: Aldicarb
9050 AC45 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-AP21 Response to Section 126 Petition From Warrick County, Indiana and the Town of Newburgh, Indiana
9n7n A rfA Lead-Based Paint Activities; Bridges and Structures; Training, Accreditation, and Certification Rule and
2U/U-A164
2070-AD64 Lead-Based Paint; Amendments to the Requirements for Disclosure of Known Lead-Based Paint or Lead-
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Spring 2009 Regulatory Agenda
2070-AD53
2070-AJ40
Based Paint Hazards in Target Housing
TSCA Policy Statement on Oversight of Transgenic Organisms (Including Plants)
Lead-Based Paint Activities; Fees for Accreditation of Training Programs and Certification of Lead-Based
Paint Activities Contractors
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
2025-AA23
2040-AE69
2040-AE95
2040-AE91
2040-AD09
2040-AD39
2040-AC84
2040-AD02
2040-AD87
2040-AE88
2040-AE77
2040-AE87
2040-AA94
2040-AC13
2040-AD40
2040-AD94
2040-AE98
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
Cross-Media Electronic Reporting Regulation (CROMERR) Technical Amendment
Effluent Limitations Guidelines and Standards for Airport Deicing Operations
Criteria and Standards for Cooling Water Intake Structures—Phase II Remand
Effluent Limitations Guidelines and Standards for the Construction and Development Point Source
Category
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
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
Implementation Guidance for Mercury Water Quality Criteria
National Primary Drinking Water Regulations: Radon
National Primary Drinking Water Regulations: Aldicarb
Underground Injection Control: Update of State Programs
National Primary Drinking Water Regulations: Revisions to the Total Coliform Rule
Federal Requirements Under the Underground Injection Control (UIC) Program for Carbon Dioxide (CO2)
Geologic Sequestration (GS) Wells
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Spring 2009 Regulatory Agenda
2040-AC93
2040-AE80
2040-AE93
2040-AF07
2050-AD75
2050-AG44
2050-AE81
2050-AG45
2050-AG16
2050-AG49
2050-AG53
2050-AE51
2050-AG50
2050-AE87
2050-AG22
2050-AG40
2050-AE23
2050-AG20
2050-AG39
2050-AG34
2050-AF01
2050-AG46
2050-AG43
2050-AG48
2050-AG37
2050-AE17
2050-AG24
2060-AO19
2060-AO48
2060-A072
2060-AI62
2060-AO11
2060-AM44
2060-ANOO
2060-AN93
Test Procedures: Performance-Based Measurement System (PBMS) Procedures and Guidance for Clean
Water Act Test Procedures
Concentrated Animal Feeding Operation Rule
NPDES General Permits for Discharges Incidental to the Normal Operations of a Vessel
NPDES Voluntary Permit Fee Incentive for Clean Water Act Section 106 Grants; Allotment Formula
National Priorities List for Uncontrolled Hazardous Waste Sites: Proposed and Final Rules
Identification of Non-Hazardous Materials That Are Solid Wastes
Standards for the Management of Coal Combustion Residues Generated by Commercial Electric Power
Producers
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 the Spill Prevention, Control, and Countermeasure (SPCC) Rule
Oil Pollution Prevention; Non-Transportation Related Onshore Facilities Compliance Dates
Inclusion of CERCLA Section 128(a) State Response Programs and Tribal Response Programs
Modifications to RCRA Rules Associated With Solvent-Contaminated Industrial Wipes
Oil Pollution Prevention: Spill Prevention, Control, and Countermeasure Rule Requirements-Amendments
for Milk Containers
Revisions to the National Oil and Hazardous Substances Pollution Contingency Plan
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
Hazardous Waste Manifest Revisions—Standards and Procedures for Electronic Manifests
Amendment to the Universal Waste Rule: Addition of Pharmaceuticals
Revisions to Land Disposal Restrictions Treatment Standards and Amendments to Recycling Requirements
for Spent Petroleum Refining Hydrotreating and Hydrorefining Catalysts
RCRA Smarter Waste Reporting
Revising Underground Storage Tank Regulations (Part 280, 281)-Revisions to Existing Requirements and
Additions to Incorporate the Provisions of the Energy Policy Act
NESHAP: National Emission Standard for Hazardous Air Pollutants: Standards for Hazardous Waste
Combustors; PM Standards Amendments (Withdrawn)
Oil Pollution Prevention; Spill Prevention, Control, and Countermeasure Rule; Revisions to the Regulatory
Definition of "Navigable Waters"
CERCLA/EPCRA Administrative Reporting Exemption for Air Releases of Hazardous Substances From
Animal Waste at Farms
Emergency Planning and Community Right-To-Know Act: Amendments to Parts 355 and 370
Expanding the Comparable Fuels Exclusion Under RCRA
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
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
-------
Spring 2009 Regulatory Agenda
2060-A023
2060-AO58
2060-APOO
2060-AP15
2060-AP30
2060-AH93
2060-AI97
2060-AL75
2060-AN17
2060-AN68
2060-AO24
2060-A096
2060-AP49
2060-AH01
2060-AO47
2060-AN43
2060-AK54
2060-AN33
2060-AL84
2060-AM45
2060-AM75
2060-AM87
2060-AN65
2060-AP10
2060-AN98
2060-AN28
2060-AN83
2060-AO74
2060-AM62
2060-AM91
2060-AN20
Committee Recommendations Ready for Program Office Approval
Reconsideration of Stationary Combustion Turbine NSPS
Methods for Measurement of Filterable PM10 and PM2.5 and Measurement of Condensable Particulate
Matter Emissions From Stationary Sources
Prevention of Air Pollution Emergency Episodes
Ambient Ozone Monitoring Regulations: Revisions to Network Design Requirements
Implementing the 8-hour Ozone National Ambient Air Quality Standard: NSR and Section 185 Anti-
Backsliding
Revisions to the General Conformity Regulations
Inspection/Maintenance Program Requirements for Federal Facilities; Amendment to the Final Rule
Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Aggregation
Standards of Performance for New Stationary Sources, Emission Guidelines for Existing Sources, and
Federal Plan: Small Municipal Waste Combustors: Amendments
Control of Air Pollution From New Motor Vehicles and New Motor Vehicle Engines: SAFETEA-LU HOV
Facilities Rule
Prevention of Significant Deterioration for PM2.5-Increments, Significant Impact Levels and Significant
Monitoring Concentrations
Implementation of the 1997 8-Hr Ozone NAAQS: Revision on Subpart 1 Area Reclassification and Anti-
Backsliding Provisions Under Former 1-Hr Ozone Standard; Deletion of Obsolete 1-Hr Ozone Standard
Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Aggregation
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
NESHAP: General Provisions; Amendments for Pollution Prevention Alternative Compliance
Requirements
NESHAP: Polyvinyl Chloride and Copolymers Production, Amendments
Lifting the Stay of the Eight-Hour Portion of the Findings of Significant Contribution and Rulemaking for
Purposes of Reducing Interstate Ozone Transport ("NOx SIP Call")
Flexible Air Permit Rule
NESHAP: General Provisions (Once In Always In)—Amendments
NESHAP: Taconite Iron Ore Processing; Amendments
Revisions to the Definition of Potential to Emit (PTE)
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 and Nonattainment New Source Review: Emission Increases for
Electric Generating Units
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
Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Routine
Maintenance, Repair and Replacement (RMRR); Maintenance and Repair Amendments
Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR):
Reconsideration of Inclusion of Fugitive Emissions
Revisions to Air Emissions Reporting Requirements
-------
Spring 2009 Regulatory Agenda
2060-AN75
2060-A002
2060-AO13
2070-AJ26
2070-AJ32
2070-AJ20
2070-AJ22
2070-AJ45
2070-AC51
2070-AA58
2070-AC64
2070-AD64
2070-AJ40
2090-AA34
Revision to Definition of Volatile Organic Compounds—Exclusion of Propylene Carbonate and Dimethyl
Carbonate
Prevention of Significant Deterioration: Refinement to Increment Modeling Procedures
NESHAP: Ferroalloys Production—Area Source Standards
Pesticides; Determination of Status of Prions as Pests
Regulations To Facilitate Compliance With the Federal Insecticide, Fungicide, and Rodenticide Act by
Producers of Plant-Incorporated Protectants (PIPs)
Pesticides; Competency Standards for Occupational Users
Pesticides; Agricultural Worker Protection Standard Revisions
Pesticides; Reconsideration of Exemptions for Insect Repellents
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
Lead-Based Paint Activities; Fees for Accreditation of Training Programs and Certification of Lead-Based
Paint Activities Contractors
RCRA Incentives for Performance Track Members
Local
2025-AA23
2040-AE69
2040-AE95
2040-AE91
2040-AD09
2040-AD39
2040-AC84
2040-AD02
2040-AD87
2040-AE88
2040-AA94
2040-AC13
2040-AD94
2040-AB85
2050-AD75
2050-AG44
2050-AE81
2050-AG16
2050-AG49
2050-AG50
Cross-Media Electronic Reporting Regulation (CROMERR) Technical Amendment
Effluent Limitations Guidelines and Standards for Airport Deicing Operations
Criteria and Standards for Cooling Water Intake Structures—Phase II Remand
Effluent Limitations Guidelines and Standards for the Construction and Development Point Source
Category
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
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 Rule
Shore Protection Act, Regulations
National Priorities List for Uncontrolled Hazardous Waste Sites: Proposed and Final Rules
Identification of Non-Hazardous Materials That Are Solid Wastes
Standards for the Management of Coal Combustion Residues Generated by Commercial Electric Power
Producers
Revisions to the Spill Prevention, Control, and Countermeasure (SPCC) Rule
Oil Pollution Prevention; Non-Transportation Related Onshore Facilities Compliance Dates
Oil Pollution Prevention: Spill Prevention, Control, and Countermeasure Rule Requirements—Amendments
for Milk Containers
-------
Spring 2009 Regulatory Agenda
2050-AG22
2050-AG40
2050-AE23
2050-AG39
2050-AF01
2050-AG46
2050-AG48
2050-AG37
2050-AE17
2060-AO19
2060-AO48
2060-A072
2060-AI62
2060-AO11
2060-AM08
2060-AM44
2060-ANOO
2060-AN93
2060-A023
2060-A058
2060-AO79
2060-APOO
2060-AP15
2060-AP30
2060-AL75
2060-AN17
2060-A024
2060-AO96
2060-AP49
2060-A047
2060-AN43
2060-AK54
2060-AL84
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
Amendment to the Universal Waste Rule: Addition of Pharmaceuticals
RCRA Smarter Waste Reporting
Revising Underground Storage Tank Regulations (Part 280, 281)-Revisions to Existing Requirements and
Additions to Incorporate the Provisions of the Energy Policy Act
Oil Pollution Prevention; Spill Prevention, Control, and Countermeasure Rule; Revisions to the Regulatory
Definition of "Navigable Waters"
CERCLA/EPCRA Administrative Reporting Exemption for Air Releases of Hazardous Substances From
Animal Waste at Farms
Emergency Planning and Community Right-To-Know Act: Amendments to Parts 355 and 370
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 & 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
Methods for Measurement of Filterable PM10 and PM2.5 and Measurement of Condensable Particulate
Matter Emissions From Stationary Sources
Greenhouse Gas Mandatory Reporting Rule
Prevention of Air Pollution Emergency Episodes
Ambient Ozone Monitoring Regulations: Revisions to Network Design Requirements
Implementing the 8-hour Ozone National Ambient Air Quality Standard: NSR and Section 185 Anti-
Backsliding
Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Aggregation
Standards of Performance for New Stationary Sources, Emission Guidelines for Existing Sources, and
Federal Plan: Small Municipal Waste Combustors: Amendments
Prevention of Significant Deterioration for PM2.5-Increments, Significant Impact Levels and Significant
Monitoring Concentrations
Implementation of the 1997 8-Hr Ozone NAAQS: Revision on Subpart 1 Area Reclassification and Anti-
Backsliding Provisions Under Former 1-Hr Ozone Standard; Deletion of Obsolete 1-Hr Ozone Standard
Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Aggregation
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
NESHAP: General Provisions; Amendments for Pollution Prevention Alternative Compliance
Requirements
Lifting the Stay of the Eight-Hour Portion of the Findings of Significant Contribution and Rulemaking for
Purposes of Reducing Interstate Ozone Transport ("NOx SIP Call")
-------
Spring 2009 Regulatory Agenda
2060-AM45
2060-AM75
2060-AP10
2060-AN98
2060-AN28
2060-AN83
2060-AM62
2060-AL83
2060-AM91
2060-AN20
2070-AC51
2070-AA58
2070-AC64
2070-AD64
2070-AJ40
Flexible Air Permit Rule
NESHAP: General Provisions (Once In Always In)—Amendments
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 and Nonattainment New Source Review: Emission Increases for
Electric Generating Units
Review of the National Ambient Air Quality Standards for Lead
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
Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR):
Reconsideration of Inclusion of Fugitive Emissions
Revisions to Air Emissions Reporting Requirements
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
Lead-Based Paint Activities; Fees for Accreditation of Training Programs and Certification of Lead-Based
Paint Activities Contractors
Tribal
2009-AAOO
2020-AA47
2025-AA23
2040-AD39
2040-AC84
2040-AD02
2040-AD87
2040-AE77
2040-AE87
2040-AA94
2040-AC13
2040-AD94
2050-AG44
2050-AE81
2050-AG16
2050-AG49
2050-AG53
2050-AG50
Source-Specific Federal Implementation Plan for Navajo Generating Station; Navajo Nation
NPDES Program Management Information Rulemaking
Cross-Media Electronic Reporting Regulation (CROMERR) Technical Amendment
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
Implementation Guidance for Mercury Water Quality Criteria
National Primary Drinking Water Regulations: Radon
National Primary Drinking Water Regulations: Aldicarb
National Primary Drinking Water Regulations: Revisions to the Total Coliform Rule
Identification of Non-Hazardous Materials That Are Solid Wastes
Standards for the Management of Coal Combustion Residues Generated by Commercial Electric Power
Producers
Revisions to the Spill Prevention, Control, and Countermeasure (SPCC) Rule
Oil Pollution Prevention; Non-Transportation Related Onshore Facilities Compliance Dates
Inclusion of CERCLA Section 128(a) State Response Programs and Tribal Response Programs
Oil Pollution Prevention: Spill Prevention, Control, and Countermeasure Rule Requirements—Amendments
for Milk Containers
-------
Spring 2009 Regulatory Agenda
2050-AG22
2050-AG40
2050-AF01
2050-AG46
2050-AG43
2050-AG48
2050-AE17
2060-AO19
2060-AO48
2060-A072
2060-AO15
2060-AI62
2060-AO11
2060-AM08
2060-ANOO
2060-AN93
2060-AO23
2060-APOO
2060-AP15
2060-AH37
2060-AH93
2060-AO42
2060-A024
2060-AH01
2060-AO47
2060-AN43
2060-AK54
2060-AM45
2060-AM75
2060-AN65
2060-AN98
2060-AN28
2060-AN83
2060-AM62
2060-AM91
National Contingency Plan Revisions To Align With the National Response Plan
Emergency Planning and Community Right-To-Know Act: Amendments and Streamlining Rule
RCRA Smarter Waste Reporting
Revising Underground Storage Tank Regulations (Part 280, 281)-Revisions to Existing Requirements and
Additions to Incorporate the Provisions of the Energy Policy Act
NESHAP: National Emission Standard for Hazardous Air Pollutants: Standards for Hazardous Waste
Combustors; PM Standards Amendments (Withdrawn)
Oil Pollution Prevention; Spill Prevention, Control, and Countermeasure Rule; Revisions to the Regulatory
Definition of "Navigable Waters"
Emergency Planning and Community Right-To-Know Act: Amendments to Parts 355 and 370
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 & NSPS for Municipal Solid Waste Landfills-Amendments
Implementing Periodic Monitoring in Federal and State Operating Permit Programs
Title V Rulemaking To Clarify Certain Provisions of the Operating Permit Rules in Response to CAAA
Committee Recommendations Ready for Program Office Approval
Reconsideration of Stationary Combustion Turbine NSPS
Prevention of Air Pollution Emergency Episodes
Ambient Ozone Monitoring Regulations: Revisions to Network Design Requirements
Review of New Sources and Modifications in Indian Country
Revisions to the General Conformity Regulations
Review of New Source Performance Standards-Portland Cement
Prevention of Significant Deterioration for PM2.5—Increments, Significant Impact Levels and Significant
Monitoring Concentrations
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
NESHAP: General Provisions; Amendments for Pollution Prevention Alternative Compliance
Requirements
Flexible Air Permit Rule
NESHAP: General Provisions (Once In Always In)—Amendments
Revisions to the Definition of Potential to Emit (PTE)
Clean Air Mercury Rule: Federal Plan
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
Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Routine
Maintenance, Repair and Replacement (RMRR); Maintenance and Repair Amendments
Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR):
-------
Spring 2009 Regulatory Agenda
2060-A002
2070-AJ20
2070-AC51
2070-AC64
2070-AD64
2070-AJ40
Reconsideration of Inclusion of Fugitive Emissions
Prevention of Significant Deterioration: Refinement to Increment Modeling Procedures
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
Lead-Based Paint Activities; Fees for Accreditation of Training Programs and Certification of Lead-Based
Paint Activities Contractors
Federal
2020-AA47
2025-AA19
2025-AA16
2025-AA17
2025-AA02
2040-AE69
2040-AE95
2040-AE91
2040-AD09
2040-AD39
2040-AC84
2040-AE88
2040-AE77
2040-AA94
2040-AC13
2040-AD40
2040-AD94
2040-AE98
2040-AB85
2040-AC93
2040-AE80
2040-AE93
2050-AD75
2050-AG44
2050-AE81
2050-AG16
2050-AG49
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
Public Information and Confidentiality Regulations
Effluent Limitations Guidelines and Standards for Airport Deicing Operations
Criteria and Standards for Cooling Water Intake Structures—Phase II Remand
Effluent Limitations Guidelines and Standards for the Construction and Development Point Source
Category
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
Underground Injection Control: Update of State Programs
National Primary Drinking Water Regulations: Revisions to the Total Coliform Rule
Federal Requirements Under the Underground Injection Control (UIC) Program for Carbon Dioxide (CO2)
Geologic Sequestration (GS) Wells
Shore Protection Act, Regulations
Test Procedures: Performance-Based Measurement System (PBMS) Procedures and Guidance for Clean
Water Act Test Procedures
Concentrated Animal Feeding Operation Rule
NPDES General Permits for Discharges Incidental to the Normal Operations of a Vessel
National Priorities List for Uncontrolled Hazardous Waste Sites: Proposed and Final Rules
Identification of Non-Hazardous Materials That Are Solid Wastes
Standards for the Management of Coal Combustion Residues Generated by Commercial Electric Power
Producers
Revisions to the Spill Prevention, Control, and Countermeasure (SPCC) Rule
Oil Pollution Prevention; Non-Transportation Related Onshore Facilities Compliance Dates
-------
Spring 2009 Regulatory Agenda
2050-AE51
2050-AE93
2050-AG50
2050-AE87
2050-AG22
2050-AG40
2050-AE23
2050-AG20
2050-AF01
2050-AG46
2050-AG42
2050-AG43
2050-AG48
2050-AG37
2050-AE17
2050-AG24
2060-AO19
2060-AO48
2060-AO72
2060-AI62
2060-AO38
2060-AO11
2060-AN48
2060-AM84
2060-ANOO
2060-AN93
2060-A023
2060-APOO
2060-AP15
2060-AP30
2060-AH37
2060-AH93
2060-AI97
2060-AL75
2060-AN17
Modifications to RCRA Rules Associated With Solvent-Contaminated Industrial Wipes
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
Oil Pollution Prevention: Spill Prevention, Control, and Countermeasure Rule Requirements—Amendments
for Milk Containers
Revisions to the National Oil and Hazardous Substances Pollution Contingency Plan
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
Hazardous Waste Manifest Re visions-Standards and Procedures for Electronic Manifests
RCRA Smarter Waste Reporting
Revising Underground Storage Tank Regulations (Part 280, 281)-Revisions to Existing Requirements and
Additions to Incorporate the Provisions of the Energy Policy Act
Poly chlorinated Biphenyls (PCBs); Manufacturing (Import) Exemption For Disposal
NESHAP: National Emission Standard for Hazardous Air Pollutants: Standards for Hazardous Waste
Combustors; PM Standards Amendments (Withdrawn)
Oil Pollution Prevention; Spill Prevention, Control, and Countermeasure Rule; Revisions to the Regulatory
Definition of "Navigable Waters"
CERCLA/EPCRA Administrative Reporting Exemption for Air Releases of Hazardous Substances From
Animal Waste at Farms
Emergency Planning and Community Right-To-Know Act: Amendments to Parts 355 and 370
Expanding the Comparable Fuels Exclusion Under RCRA
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
Control of Emissions From New Marine Compression-Ignition Engines At or Above 30 Liters per Cylinder
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.
NESHAP: Defense Land Systems and Miscellaneous Equipment
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
Prevention of Air Pollution Emergency Episodes
Ambient Ozone Monitoring Regulations: Revisions to Network Design Requirements
Implementing the 8-hour Ozone National Ambient Air Quality Standard: NSR and Section 185 Anti-
Backsliding
Review of New Sources and Modifications in Indian Country
Revisions to the General Conformity Regulations
Inspection/Maintenance Program Requirements for Federal Facilities; Amendment to the Final Rule
Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Aggregation
Standards of Performance for New Stationary Sources, Emission Guidelines for Existing Sources, and
Federal Plan: Small Municipal Waste Combustors: Amendments
-------
Spring 2009 Regulatory Agenda
2060-A024
2060-AO71
2060-A096
2060-AP49
2060-AH90
2060-AH63
2060-AP43
2060-A047
2060-AN43
2060-AK54
2060-AO31
2060-AN33
2060-AM45
2060-AM75
2060-AM87
2060-AN65
2060-AP10
2060-AN15
2060-AN28
2060-AN83
2060-AM62
2060-AM46
2060-AL83
2060-AM91
2060-AN75
2060-A013
2070-AJ26
2070-AD16
2070-AJ08
2070-AD61
2070-AD30
2070-AJ27
2070-AJ23
2070-AJ32
Prevention of Significant Deterioration for PM2.5—Increments, Significant Impact Levels and Significant
Monitoring Concentrations
Regulation of Fuels and Fuel Additives: Alternative Quality Assurance Requirements for Ultra-Low Sulfur
Diesel
Implementation of the 1997 8-Hr Ozone NAAQS: Revision on Subpart 1 Area Reclassification and Anti-
Backsliding Provisions Under Former 1-Hr Ozone Standard; Deletion of Obsolete 1-Hr Ozone Standard
Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Aggregation
Technical Change to Dose Methodology
Environmental Radiation Protection Standards for the Disposal of Low-Activity Mixed Radioactive Waste
Revision of Health and Environmental Protection Standards for Uranium and Thorium Mill Tailings and
Uranium In Situ Leaching Processing Facilities
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
NESHAP: General Provisions; Amendments for Pollution Prevention Alternative Compliance
Requirements
Amendment of Definitions for National Emissions Standards for Hazardous Pollutants for Radionuclides
NESHAP: Polyvinyl Chloride and Copolymers Production, Amendments
Flexible Air Permit Rule
NESHAP: General Provisions (Once In Always In)—Amendments
NESHAP: Taconite Iron Ore Processing; Amendments
Revisions to the Definition of Potential to Emit (PTE)
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
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
Review of the National Ambient Air Quality Standards for Lead
Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Routine
Maintenance, Repair and Replacement (RMRR); Maintenance and Repair Amendments
Protection of Stratospheric Ozone: Import Petitioning Requirements forHalon-1301 Aircraft Fire
Extinguishing Vessels
Section 126 Rule: Withdrawal of Findings for Sources in Michigan
Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR):
Reconsideration of Inclusion of Fugitive Emissions
Revision to Definition of Volatile Organic Compounds—Exclusion of Propylene Carbonate and Dimethyl
Carbonate
NESHAP: Ferroalloys Production-Area Source Standards
Pesticides; Determination of Status of Prions as Pests
Test Rule; Testing of Certain High Production Volume (HPV) Chemicals
Test Rule; Brominated Flame Retardants (BFRs) [DECA]
Endocrine Disrupter Screening Program (EDSP); Policy and Procedures for Initial Screening
Pesticides; Data Requirements for Antimicrobials
Pesticides; Data Requirements for Plant-Incorporated Protectants (PIPs)
Pesticides; Tolerance Processing Fees
Regulations To Facilitate Compliance With the Federal Insecticide, Fungicide, and Rodenticide Act by
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Spring 2009 Regulatory Agenda
Producers of Plant-Incorporated Protectants (PIPs)
2070-AD49 Plant Incorporated Protectants (PIPs); Exemption for Those Based on Viral Coat Protein Genes
2070-AJ20 Pesticides; Competency Standards for Occupational Users
2070-AJ22 Pesticides; Agricultural Worker Protection Standard Revisions
2070-AD14 Pesticides; Registration Requirements for Antimicrobial Pesticide Products
2070-AJ45 Pesticides; Reconsideration of Exemptions for Insect Repellents
2070-AC51 Asbestos Model Accreditation Plan Revisions
2070-AA58 Follow-Up Rules on Existing Chemicals
9f)7n A C6A Lead-Based Paint Activities; Bridges and Structures; Training, Accreditation, and Certification Rule and
Model State Plan Rule
9070 AD64 Lead-Based Paint; Amendments to the Requirements for Disclosure of Known Lead-Based Paint or Lead-
Based Paint Hazards in Target Housing
2070-AB79 Test Rule; Certain Chemicals on the ATSDR Priority List of Hazardous Substances
2070-AB94 Testing for Existing Chemicals (Overview Entry for Future Needs)
2070-AC76 Test Rule; Hazardous Air Pollutants (HAPs)
2070-AD44 Test Rule; Multiple Substance Rule for the Testing of Developmental and Reproductive Toxicity
2070-AD53 TSCA Policy Statement on Oversight of Transgenic Organisms (Including Plants)
2070-AJ07 Testing Agreement for Aryl Phosphates (ITC List 2)
2070-AC27 Voluntary Children's Chemical Evaluation Program (VCCEP)
2070-AD25 Voluntary High Production Volume (HPV) Chemical Challenge Program
2070-AJ06 Testing Agreement for Perfluorooctanoic Acid (PFOA)
2070-AJ09 HAPs Testing Agreement for Diethanolamine
2090-AA34 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.
2020-AA47 NPDES Program Management Information Rulemaking
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
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-AE95
Criteria and Standards for Cooling Water Intake Structures—Phase II Remand
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Spring 2009 Regulatory Agenda
2040-AE91
2040-AA94
2050-AE81
2050-AG16
2060-AO19
2060-A048
2060-A072
2060-AO15
2060-AM44
2060-ANOO
2060-A079
2060-AO81
2060-AP36
2060-AO42
2060-AO47
2060-AP38
2060-AP52
2060-AN83
Effluent Limitations Guidelines and Standards for the Construction and Development Point Source
Category
National Primary Drinking Water Regulations: Radon
Standards for the Management of Coal Combustion Residues Generated by Commercial Electric Power
Producers
Revisions to the Spill Prevention, Control, and Countermeasure (SPCC) Rule
Review of the Primary National Ambient Air Quality Standard for Nitrogen Dioxide
Review of the Primary National Ambient Air Quality Standard for Sulfur Dioxide
Review of the Secondary National Ambient Air Quality Standards for Oxides of Nitrogen and Oxides of
Sulfur
NESHAP: Portland Cement Notice of Reconsideration
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
Greenhouse Gas Mandatory Reporting Rule
Renewable Fuels Standard Program
National Emission Standards for Hazardous Air Pollutants for Reciprocating Internal Combustion Engines
Review of New Source Performance Standards—Portland Cement
Review of the National Ambient Air Quality Standards for Particulate Matter
Review of the National Ambient Air Quality Standards for Ozone
National Emission Standards for Hazardous Air Pollutants for Coal- and Oil-Fired Electric Utility Steam
Generating Units
Review of the National Ambient Air Quality Standards for Lead
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
2060-A038
2060-AN48
2060-AM49
2060-A081
2060-AP11
2060-A078
2060-AM54
2060-AN58
National Contingency Plan Revisions To Align With the National Response Plan
Poly chlorinated Biphenyls (PCBs); Manufacturing (Import) Exemption For Disposal
Control of Emissions From New Marine Compression-Ignition Engines At or Above 30 Liters per Cylinder
Protection of Stratospheric Ozone: Amending Requirements To Import Ozone-Depleting Substances for
Destruction in the U.S.
Protection of Stratospheric Ozone; Refrigerant Recycling; Certification of Recovery and
Recovery/Recycling Equipment Intended for Use With Substitute Refrigerants
Renewable Fuels Standard Program
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: The 2009 Critical Use Exemption From the Phaseout of Methyl Bromide
Protection of Stratospheric Ozone: Listing of Substitutes in the Motor Vehicle Air Conditioning Sector
Under the Significant New Alternatives Policy (SNAP) Program
Protection of Stratospheric Ozone: Ban on the Sale or Distribution of Pre-Charged Appliances
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Spring 2009 Regulatory Agenda
?(¥,n AO76 Protection of Stratospheric Ozone: Adjustments to the Allowance System for Controlling HCFC
Production, Import, and Export
2060-AO77 Protection of Stratospheric Ozone: Allocation of Essential Use Allowances for Calendar Year 2009
2060-AL94 Protection of Stratospheric Ozone: Process for Exempting Emergency Uses of Methyl Bromide
2060-AO68 Protection of Stratospheric Ozone: Labeling of Products Using HCFCs
?f¥,n AT\nn 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: Import Petitioning Requirements for Halon-1301 Aircraft Fire
ZUoU-/\lVL'4o ^ . • i • TT i
Extinguishing Vessels
2070-AD16 Test Rule; Testing of Certain High Production Volume (HPV) Chemicals
2070-AD58 Amendment to the Premanufacture Notification Exemptions; Revisions of Exemptions for Certain Polymers
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