'i Regulatory Plan and , Semiannual Regulatory Agenda *L PRO^° FALL 2009 ------- FALL 2009 Regulatory Plan and Semiannual Regulatory Agenda Environmental protection is about protecting people in the places where they live, work, play and learn. We want to keep the American people informed and engaged, to show them that these issues are part of their lives, and make sure they take part in guiding our path forward. A transparent and open dialogue can bring people together to build healthier, safer communities. - Administrator Lisa P. Jackson I I i i i United States Environmental Protection Agency Office of Policy, Economics and Innovation EPA-230-Z-09-002 Fall 2009 Artwork Theme: "From ants to zebras and everything in between, all life on Earth has an important job to do." Cover art created by Emma Waterman, Grade 9 ------- ------- ENVIRONMENTAL PROTECTION AGENCY REGULATORY PLAN CONTENTS Part 1: Statement of Priorities Part 2: Actions Described in the Regulatory Plan Sequence Number 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 Title Lead; Renovation, Repair, and Painting Program for Public and Commercial Buildings CERCLA 108(b) Financial Responsibility 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 Review of the National Ambient Air Quality Standards for Particulate Matter 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 Clean Air Transport Rule Revision to Pb Ambient Air Monitoring Requirements Prevention of Significant Deterioration/Title V Greenhouse Gas Tailoring Rule Reconsideration of the 2008 Ozone National Ambient Air Quality Standards Lead; Clearance and Clearance Testing Requirements for the Renovation, Repair, and Painting Program Standards for the Management of Coal Combustion Residuals Generated by Commercial Electric Power Producers Criteria and Standards for Cooling Water Intake Structures Review of the Primary National Ambient Air Quality Standard for Nitrogen Dioxide Control of Emissions From New Marine Compression-Ignition Engines at or Above 30 Liters per Cylinder Renewable Fuels Standard Program Endangerment and Cause or Contribute Findings for Greenhouse Gases Under Section 202(a) of the Clean Air Act EPA/NHTSA Joint Rulemaking to Establish Light-Duty Greenhouse Gas Emission Standards and Corporate Average Fuel Economy Standards Prevention of Significant Deterioration (PSD): Reconsideration of Interpretation of Regulations That Determine Pollutants Covered by the Federal PSD Permit Program Lead; Amendment to the Opt-out and Recordkeeping Provisions in the Renovation, Repair, and Painting Program Revisions to the Spill Prevention, Control, and Countermeasure (SPCC) Rule Effluent Limitations Guidelines and Standards for the Construction and Development Point Source Category Regulation Identifier Number 2070-AJ56 2050-AG56 2060-AM44 2060-A047 2060-A048 2060-A072 2060-AP50 2060-AP77 2060-AP86 2060-AP98 2070-AJ57 2050-AE81 2040-AE95 2060-AO19 2060-AO38 2060-AO81 2060-AP55 2060-AP58 2060-AP87 2070-AJ55 2050-AG1 6 2040-AE91 Rulemaking Stage Prerule Stage Prerule Stage Proposed Rule Stage Proposed Rule Stage Proposed Rule Stage Proposed Rule Stage Proposed Rule Stage Proposed Rule Stage Proposed Rule Stage Proposed Rule Stage Proposed Rule Stage Proposed Rule Stage Proposed Rule Stage Final Rule Stage Final Rule Stage Final Rule Stage Final Rule Stage Final Rule Stage Final Rule Stage Final Rule Stage Final Rule Stage Final Rule Stage ------- 64318 Federal Register/Vol. 74, No. 233/Monday, December 7, 2009/The Regulatory Plan ENVIRONMENTAL PROTECTION AGENCY (EPA) Statement of Priorities OVERVIEW Established in 1970, the Environmental Protection Agency is the primary federal agency responsible for protecting public health and the environment by improving air, land and water quality. EPA Administrator Lisa lackson has embarked on an ambitious effort to restore momentum to EPA's core programs while also tackling emerging challenges such as climate change. Underlying this effort is the premise that environmental protection and economic growth are mutually achievable - that we can increase economic activity and create new jobs while we reduce harmful emissions and the dependence on polluting sources of energy. The Agency is dedicated to upholding the following values in its efforts to maintain the strongest level of environmental protection: Scientific Integrity. The public health and environmental laws that Congress has enacted depend on rigorous adherence to the best available science. Scientific findings should be independent, using well-established scientific methods, including peer review, to assure rigor, accuracy, and impartiality. Following the Rule of Law. EPA recognizes that respect for Congressional mandates and judicial decisions is the hallmark of a principled regulatory agency. Where EPA exercises discretion, it must be conducted in good faith and in keeping with the directives of Congress and the courts. Transparency. EPA will apply the principles of transparency and openness to the rulemaking process. Public trust in the Agency demands that EPA reach out to all stakeholders fairly and impartially, that EPA consider the views and data presented carefully and objectively, and that EPA fully disclose the information that forms the bases for our decisions. Environmental Justice. For generations, pollution has been a disproportionate problem in low- income and minority communities, particularly for the children in those communities. EPA is initiating major improvements with outreach and interaction with those who have been historically underrepresented in agency decision making, including the disenfranchised in cities and rural areas, communities of color, native Americans, and people disproportionately impacted by pollution. EPA will identify, where possible, the public health or environmental impacts of policies, programs and activities on these communities and take action, as appropriate, to address such impacts. The American Recovery and Reinvestment Act Environmental protection and economic growth are complementary goals. With its partners, EPA is overseeing investment from the American Recovery and Reinvestment Act (ARRA) of 2009 in "green jobs" and a healthier environment. To reach this goal, $7.22 billion has been designated for projects and programs administered by EPA. To support a green economy and a green environment, EPA lends support to innovation, investment and technology in the following environmental areas: • Water Infrastructure Improvements for Communities: $4 billion for state clean water funding and $2 billion for state drinking water funding. This new infusion of money will help states and local government finance many of the overdue improvements to public waters and wastewater systems that are essential to protecting public health and assuring good water quality. 20 percent of this funding will be targeted towards green infrastructure, water and energy efficiency, and environmentally innovative projects. • Brownfield Restorations: $100 million for grants to clean up and return former industrial and commercial sites to their communities for productive use. $5 million dollars is set aside for job training in the assessment and remediation of these sites. • Diesel Emissions Reductions: $300 million for grants and loans to help regional, state and local governments, tribes, and non-profit organizations with projects that reduce harmful diesel emissions from vehicles like school buses, garbage trucks, construction equipment, marine vessels, and locomotives. Reducing emissions helps to reduce the risk of asthma, respiratory illnesses and premature deaths. • Accelerating Superfund Site Cleanups: $600 million for the cleanup of hazardous wastes from sites. EPA will use this funding to increase the pace of these cleanups already underway, and return the sites to our communities for productive use. • Accelerating Leaking Underground Storage Tank Cleanups: $200 million for the cleanup of petroleum leaks that occurred from underground storage tanks. There are approximately 100,000 sites eligible for cleanup where leaks threaten soil or water quality or result in fire or explosion hazards. • Responsible Oversight: $20 million for the EPA Office of Inspector General for audits, evaluations, investigations and oversight of the Recovery Act funding to ensure that every penny is spent on projects that benefit Americans. EPA has a number of successes in fulfilling its obligations under the American Recovery and Reinvestment Act. • In the first EPA-related award under the American Recovery and Reinvestment Act, EPA devoted nearly $100 million in environmental funding to be invested in Colorado. This includes more than $65 million for improving drinking water and wastewater infrastructure, $2.5 million for leaking underground storage tanks and $2 million for revitalizing Brownfield sites. • In the single largest grant in its history, EPA awarded more than $430 million to the State of New York for wastewater infrastructure projects that will create thousands of jobs, jumpstart local economies and protect human health and the environment across the state. The state will use the Recovery Act grant to provide money to municipal and county governments and wastewater utilities for projects to protect lakes, ponds and streams in communities across New York. • The Iron Mountain Mine Superfund site near Redding, California, will receive between $10-25 million that will make it possible to dredge, treat, and dispose of heavy-metal contaminated sediments in the Spring Creek Arm of the Kewich Reservoir in 18 months, rather than three years. EPA's portion of the ARRA will encourage further growth in a greener workforce by creating sustainable jobs that help produce cleaner drinking water, purer air, environmentally friendly urban and rural re- development, and reduced greenhouse gases. For new information on the state- by-state distributions for EPA's ARRA funds, see http://www. epa.gov/recovery. ------- Federal Register/Vol. 74, No. 233/Monday, December 7, 2009/The Regulatory Plan 64319 HIGHLIGHTS OF EPA'S REGULATORY PLAN In developing its agenda, five priorities form the core of EPA's regulatory focus: Climate Change In the U.S., energy-related activities account for three-quarters of human- generated greenhouse gas emissions, mostly in the form of carbon dioxide emissions from burning fossil fuels. More than half the energy-related emissions come from large stationary sources such as power plants, while about a third comes from transportation. Industrial processes (such as the production of cement, steel, and aluminum), agriculture, forestry, other land use, and waste management are also important sources of greenhouse gas emissions in the United States. This year, EPA is taking the first Federal regulatory steps to address the problem of global climate change. New Mandatory Greenhouse Gas Reporting. In the fall of 2009, EPA will publish a final rule requiring mandatory reporting of greenhouse gas emissions from targeted sectors of the economy. This rule, funds for which were designated by the FY2008 Consolidated Appropriations Act, establishes 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. Recognition that Greenhouse Gases Pose a Danger to Public Health and Welfare. On April 24, 2009, the Administrator proposed Endangerment and Cause or Contribute Findings under section 202(a) of the Clean Air Act. This action, in response to a 2007 Supreme Court decision, proposed to find that the current and projected concentrations of the mix of six key greenhouse gases - carbon dioxide (CO 2), methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (MFCs), perfluorocarbons (PFCs), and sulfur hexafluoride (SF6) - in the atmosphere endanger the public health and welfare of current and future generations through climate change. As part of this action, 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. Vehicle Emissions. In the fall of 2009, EPA will propose to set national emissions standards under section 202 (a) of the Clean Air Act to control greenhouse gas (GHG) emissions from passenger cars and light-duty trucks, and medium-duty passenger vehicles, as part of a joint rulemaking with National Highway Traffic and Safety Administration (NHTSA). This joint rulemaking effort was announced by President Obama on May 19, 2009. The GHG standards would significantly reduce the GHG emissions from these light-duty vehicles. Renewable Fuels Standard. In May of 2009, EPA proposed a rule that will address climate change and energy security by increasing the nation's use of renewable fuels. This rulemaking implements provisions in Title II of the 2007 Energy Independence and Security Act (EISA) that amend Section 211(o) of the Clean Air Act. The amendments revise the National Renewable Fuels Standard Program in the United States, increasing the national requirement to a total of 36 billion gallons of total renewable fuel in 2022. The amendments also establish new eligibility requirements for meeting the renewable fuel standards, including the establishment of minimum lifecycle greenhouse gas reduction thresholds for the various categories of renewable fuels. For more information about these regulatory actions, as well as information about other programs and activities related to climate change, please visit http://www.epa.gov/climatechange/ or http://www.epa.gov/otaq/climate/ regulations.htm. Improving Air Quality The U.S. continues to face serious air pollution challenges, with large areas of the country that still cannot meet federal air quality standards and many communities still facing health threats from exposure to toxics. While EPA has made tremendous progress toward achieving clean, healthy air that is safe to breathe, air pollution continues to be a great problem. The average adult breathes more than 3000 gallons of air every day, and children breathe more air per pound of body weight. Air pollutants can remain in the environment for long periods of time and can be carried by the wind hundreds of miles from their origin. Ambient Air Quality. This year's Regulatory Plan describes efforts to review? the National Ambient Air Quality Standards (NAAQS) for oxides of nitrogen, oxides of sulfur, ozone, and particulates. The Clean Air Act requires EPA to review the NAAQS every 5 years for the primary (health-based) and secondary (welfare-based) national ambient air quality standards (NAAQS) and, if appropriate, revise these standards. Each review? consists of an exhaustive assessment of the current scientific evidence detailing the health and welfare effects of exposure to the pollutants, and a policy assessment of the policy implications of that evidence. Each review will conclude with the EPA Administrator either retaining or revising the standards, taking into consideration the views of independent scientists and the public. Reducing Harmful Emissions from Power Plants. Under the federal structure set up by the Clean Air Act, it is the States who are primarily responsible for bringing about the pollutant emission reductions necessary to reach attainment with the NAAQS. However, EPA does help achieve these reductions through national programs requiring emission reductions from both mobile and stationary sources. This Regulatory Plan describes one particularly significant such program — the Clean Air Transport Rule — which employs a market-based "cap and trade" program to bring about broad reductions in sulfur dioxide and nitrogen oxides from power plants in the eastern half of the United States. This program is designed to reduce the amount of pollution that is transported by the wind over long distances. This transported pollution can be a large part of the total pollution in many eastern cities, and controlling it nationally is a crucial complement to the States' efforts to achieve clean air. Cleaner Air from Improved Technology. EPA continues to address toxic air pollution under authority of the Clean Air Act Amendments of 1990. The centerpiece of this effort is the "Maximum Achievable Control Technology" (MACT) program, which requires that all major sources of a given type use emission controls that better reflect the current state of the art. One of these efforts is by setting standards for industrial, commercial, and institutional boilers and process heaters. For more information about these regulatory actions, as well as information about other programs and activities related to air quality, please visit http://www.epa.gov/ttn/naaqs/. ------- 64320 Federal Register/Vol. 74, No. 233/Monday, December 7, 2009/The Regulatory Plan Management of Chemical Risks EPA's Administrator has highlighted the need to strengthen EPA's chemical management program as one of her priorities coming in to the Agency. As part of this process, the Agency is evaluating its existing chemicals program to determine how best to ramp up efforts to assess, prioritize and take risk management action on chemicals of concern. EPA intends to announce the specifics of this effort and will seek public input. Protection from Lead During and After Renovation. EPA is continuing its efforts to implement the final Lead; Renovation, Repair, and Painting Program Rule that was issued in 2008. As part of these efforts, EPA will be developing revisions to the rule to address several issues raised in litigation, including the universe of housing where lead-safe work practices are required, the provision of additional information on renovation activities to owners and occupants, and possibly additional requirements to ensure that renovation work areas have been adequately cleaned after renovation work has been finished and before the areas are re-occupied. For more information about these regulatory actions, as well as information about other programs and activities related to the management of chemical risks, please visit http://www.epa.gov/oppts/. Cleaning up Hazardous Waste EPA envisions communities where blighted properties are transformed into safe and productive parcels, and threats to human health are properly mitigated, leading to jobs and a reinvestment in land, communities, and citizens. EPA's Office of Solid Waste and Emergency Response (OSWER) contributes to the Agency's overall mission of protecting public health and the environment by focusing on, preparing for, preventing and responding to chemical and oil spills, accidents, and emergencies; enhancing homeland security; increasing the beneficial use and recycling of secondary materials, the safe management of wastes and cleaning up contaminated property and making it available for reuse. Several regulatory priorities for the upcoming fiscal year will promote stewardship and resource conservation and focus regulatory efforts on risk reduction and statutory compliance. Spill Prevention Control, and Countermeasures. EPA is considering amending the Spill Prevention, Control, and Countermeasure (SPCC) Plan requirements issued on December 5, 2008 (73 FR 74236), based on comments received on a February 2009 notice. The rule, when finalized, will streamline and reduce the burden imposed on the regulated community for complying with these SPCC requirements, while maintaining protection of human health and the environment. Financial Responsibility. Under Section 108(b) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), EPA is to promulgate requirements that require certain classes of facilities to establish and maintain evidence of financial responsibility consistent with the degree and duration of risks from the production, treatment, and transportation, storage or disposal of CERCLA hazardous substances. Additionally, EPA is to publish a notice of the classes of facilities for which financial responsibility requirements will be first developed. To fulfill the notice requirement, EPA identified the certain classes of facilities within the hardrock mining industry as the classes of facilities for which the Agency will first develop financial responsibility requirements under CERCLA 108(b). In addition, the Agency plans to publish a notice by December 2009 in which it will identify other possible classes of facilities for which the Agency will consider developing financial responsibility requirements. Protection from Inadequate Management of Coal Waste. Coal Combustion Residuals (CCRs) comprise one of the largest industrial waste streams. To protect the public from human health risks and to prevent environmental damage resulting from present disposal practices, EPA expects to propose a rule by December 2009 for the management of CCRs in landfills and surface impoundments. In developing the proposed rule, the Agency will consider comments it received on its August 2007 notice of data availability, plus any additional information that the Agency has collected or has been provided regarding the management of these residuals. For more information about these regulatory actions, as well as information about other programs and activities related to hazardous waste, please visit http://www.epa.gov/oswer/. Protecting America's Water EPA will intensify its work to restore water quality protections in our nation's streams, rivers, lakes, bays, oceans and aquifers. EPA will make robust use of its authority to restore threatened treasures such as the Great Lakes and the Chesapeake Bay, address neglected urban rivers, strengthen drinking water safety programs, and reduce pollution from industrial and non-industrial discharges. Three regulatory priorities for the coming fiscal year will help achieve some of these goals. Improving Water Quality. EPA plans to address challenging water quality problems in two rulemakings during Fiscal Year 2010. First, the Agency will publish final standards to address erosion and sediment discharges associated with construction and development activities. Later in the fiscal year, EPA plans to solicit comment on proposed standards for cooling water intakes for electric power plants and for other manufacturers who use large amounts of cooling water. The goal of the proposed rule will be to protect aquatic organisms from being killed or injured through impingement or entrainment. For more information about these regulatory actions, as well as information about other programs and activities related to water, please visit http://www.epa.gov/ow/. Aggregate Costs and Benefits EPA has calculated a combined aggregate estimate of the costs and benefits of regulations included in the Regulatory Plan. For the fiscal year 2009, EPA has been able to gather sufficient data on seven of the twenty- two anticipated regulations to include them in an aggregate estimate. For the remaining actions, costs and benefits have not yet been calculated for various reasons. The regulations included in the aggregate estimate of costs and benefits are: • Primary NAAQS for Nitrogen Dioxide (2060-AO19); • Control of Emissions from New Marine Compression-Ignition Engines (2060-AO38); • EPA/NHTSA Joint Rulemaking for Light-Duty GHG Emission and CAFE Standards (2060-AP58); • 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); • Revisions to the Spill Prevention, Control, and Countermeasure (SPCC) Rule, 40 CFR 112 (2050-AG16); • Standards for Cooling Water Intake Structures (2040-AE95); and ------- Federal Register/Vol. 74, No. 233/Monday, December 7, 2009/The Regulatory Plan 64321 • Effluent Limitations Guidelines and Standards for the Construction and Development (C&D) Point Source Category (2040-AE91). EPA obtained aggregate estimates of total costs and benefits assuming both a three percent discount rate and a seven percent discount rate. However, one of the regulations listed above (C&D) was not included in the seven percent aggregation due to lack of data. Given a three percent discount rate, benefits range from $114 billion to $360 billion while the costs range from $17 billion to $30 billion. With a seven percent discount rate, and omitting one rule, benefits range from $75 billion to $305 billion. Costs with a seven percent discount rate range from $12 billion to $22 billion. In both cases, cost savings were treated as benefits, and all values are converted to 2008 dollars using a GDP deflator. These results should be considered with caution. As with any aggregate estimate of total costs and benefits, these estimates must be highly qualified. First, there are significant gaps in data. In general, the benefits estimates reported above do not include values for benefits that have been quantified but not monetized and missing values for qualitative benefits, such as some human health benefits and ecosystem health improvements. Second, methodologies and types of costs/benefits considered are inconsistent, as are the units of analysis. Some of the costs/benefits are described as annualized values, while other values are specific to one year. Third, problems with aggregation can arise from differing baselines. Finally, the ranges presented do not reflect the full range of uncertainty in the benefit and cost estimates for these rules. Rules Expected to Affect Small Entities By better coordinating small business activities, EPA aims to improve its technical assistance and outreach efforts, minimize burdens to small businesses in its regulations, and simplify small businesses' participation in its voluntary programs. A number of rules included in this Plan might be of particular interest to small businesses including: • 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); • Renewable Fuel Standard Program (2060-AO810). CONCLUSION EPA's Regulatory Plan is an important element of the Agency's strategy for achieving environmental results within the framework described above. Taken as a whole, the Agency's Regulatory Plan will ensure that the Nation continues to achieve improvements in environmental quality while at the same time promoting economic growth. EPA PRERULE STAGE 133. • LEAD; RENOVATION, REPAIR, AND PAINTING PROGRAM FOR PUBLIC AND COMMERCIAL BUILDINGS Priority: Economically Significant. Major status under 5 USC 801 is undetermined. Unfunded Mandates: Undetermined Legal Authority: 15 USC 2682(c)(3) CFR Citation: 40 CFR 745 Legal Deadline: Other, Judicial, April 22, 2010, Advance Notice of Proposed Rulemaking. NPRM, Judicial, December 15, 2011. Final, Judicial, July 15, 2013. Abstract: Section 402(c)(3) of the Toxic Substances Control Act (TSCA) requires EPA to regulate renovation or remodeling activities in target housing (most pre-1978 housing), pre-1978 public buildings, and commercial buildings that create lead-based paint hazards. On April 22, 2008, EPA issued a final rule to address lead-based paint hazards created by these activities in target housing and child-occupied facilities built before 1978. In this rule, child-occupied facilities are a subset of public and commercial buildings or facilities where children under age 6 spend a great deal of time. The 2008 rule established requirements for training renovators, other renovation workers, and dust sampling technicians; for certifying renovators, dust sampling technicians, and renovation firms; for accrediting providers of renovation and dust sampling technician training; for renovation work practices; and for recordkeeping. This new rulemaking will address renovation or remodeling activities in the remaining buildings described in TSCA section 402(c)(3): Public buildings built before 1978 and commercial buildings that are not child-occupied facilities. Statement of Need: Statutory requirement. Summary of Legal Basis: Section 402(c)(3) of the Toxic Substances Control Act (TSCA) requires EPA to regulate renovation or remodeling activities that create lead- based paint hazards in target housing, which is defined by statute to cover most pre-1978 housing, public buildings built before 1978, and commercial buildings. Alternatives: Yet to be determined. Anticipated Cost and Benefits: Yet to be determined. Risks: Yet to be determined. Timetable: Action Date FR Cite ANPRM NPRM Final Action 04/00/10 12/00/11 07/00/13 Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined Federalism: Undetermined Additional Information: SAN No. 5381; N/A URL For More Information: http://www.epa.gov/lead/pubs/ renovation.htm ------- 64322 Federal Register/Vol. 74, No. 233/Monday, December 7, 2009/The Regulatory Plan Agency Contact: Hans Scheifele Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7404T Washington, DC 20460 Phone: 202 564-1459 Email: scheifele.hans@epamail.epa.gov Cindy Wheeler Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7404T Washington, DC 20460 Phone: 202 566-0484 Fax: 202 566-0471 Email: wheeler.cindy@epa.gov RIN: 2070-AJ56 EPA 134. CERCLA 108(B) FINANCIAL RESPONSIBILITY Priority: Other Significant Legal Authority: 42 USC 9608 (b) CFR Citation: Not Yet Determined Legal Deadline: None 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. The Agency has already identified classes of facilities within the hardrock mining industry as those for which financial responsibility requirements will be first developed. The Agency is currently examining the following classes of facilities for possible development of financial responsibility requirements under CERCLA Section 108(b): hazardous waste generators, hazardous waste recyclers, metal finishers, wood treatment facilities and chemical manufacturers. This list may be revised as the Agency's evaluation proceeds. EPA is scheduled to complete and publish in the Federal Register a notice identifying potential categories of facilities by December 2009. Statement of Need: The Agency is currently examining various classes of facilities that may produce, transport, treat, store or dispose of hazardous substances for development of financial responsibility requirements under CERCLA Section 108(b). Summary of Legal Basis: Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended. Alternatives: To be determined. Anticipated Cost and Benefits: To be determined. Risks: To be determined. Timetable: EPA PROPOSED RULE STAGE Action Date FR Cite Priority Notice FR Notice 07/28/09 74 FR 37213 01/00/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 5350; EPA publication information: Priority Notice - http://www.epa.gov/fedrgstr/EPA- WASTE/2009/July/Day-28/fl6819.pdf; EPA Docket information: EPA-HQ- SFUND-2009-0265 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 135. 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: This action may affect the private sector under PL 104-4. Legal Authority: Clean Air Act, sec 112 CFR Citation: 40 CFR 63 Legal Deadline: NPRM, Judicial, April 15, 2010, A 60 day extension for proposal was granted on June 30, 2009. Final, Judicial, December 16, 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. In this rulemaking, EPA will develop standards for these source categories. Statement of Need: As a result of the vacatur of the Industrial Boiler MACT, the Agency will develop another rulemaking under ------- Federal Register/Vol. 74, No. 233/Monday, December 7, 2009/The Regulatory Plan 64323 CAA section 112 which will reduce hazardous air pollutant (HAP) emissions from this source category. Recent court decisions on other CAA section 112 rules will be considered in developing this regulation. Summary of Legal Basis: Clean Air Act, section 112. Alternatives: Not yet determined. Anticipated Cost and Benefits: Not yet determined. Risks: Not yet determined. Timetable: Action Date FR Cite NPRM Final Action 04/00/10 12/00/10 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 re- establishing 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 EPA 136. 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, 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 October 17, 2006, EPA published a final rule to revise the primary and secondary NAAQS for particulate matter to provide increased protection of public health and welfare. With regard to the primary standard 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 1 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. EPA initiated the current review in 2007 with a workshop to discuss key policy- relevant issues around which EPA would structure the review?. This review includes the preparation of an Integrated Science Assessment, Risk/Exposure Assessment, and a Policy Assessment Document by EPA, with opportunities for review by EPA's Clean Air Scientific Advisory Committee and the public. These documents inform the Administrator's decision as to whether to retain or revise the standards. Statement of Need: As established in the Clean Air Act, the national ambient air quality standards for particulate matter are to be reviewed every five years. Summary of Legal Basis: Section 109 of the Clean Air Act (42 USC 7409) directs the Administrator to propose and promulgate "primary" and "secondary" national ambient air quality standards for pollutants identified under section 108 (the "criteria" pollutants). The "primary" standards are established for the protection of public health, while "secondary" standards are to protect against public welfare or ecosystem effects. Alternatives: The main alternatives for the Administrator's decision on the review? of the national ambient air quality standards for particulate matter are whether to retain or revise the existing standards and, if revisions are necessary, the forms and levels of the revised standards. Options for these alternatives will be developed as the rulemaking proceeds. Anticipated Cost and Benefits: The Clean Air Act makes clear that the economic and technical feasibility of attaining standards are not to be considered in setting or revising the NAAQS, although such factors may be considered in the development of State plans to implement the standards. Accordingly, the Agency prepares cost and benefit information in order to provide States information that may be useful in considering different implementation strategies for meeting proposed or final standards. Cost and benefit information is not developed to support a NAAQS rulemaking until sufficient policy and scientific information is available to narrow? potential options for the form and level associated with any potential revisions to the standard. Therefore, work on developing the plan for conducting the cost and benefit analysis will generally start 1 1/2 to 2 years following the start of a NAAQS review. Risks: During the course of this review?, risk assessments will be conducted to evaluate health risks associated with retention or revision of the particulate matter standards. Timetable: Action Date FR Cite NPRM Final Action 11/00/10 07/00/11 Regulatory Flexibility Analysis Required: No ------- 64324 Federal Register/Vol. 74, No. 233/Monday, December 7, 2009/The Regulatory Plan Small Entities Affected: No Government Levels Affected: Federal, Local, State, Tribal Additional Information: SAN No. 5169; ; EPA Docket information: EPA-HQ-OAR-2007-0492 URL For More Information: www.epa.gov/air/particlepollution/ Agency Contact: Beth Hassett-Sipple Environmental Protection Agency Air and Radiation C504-06 Research Triangle Park, NC 27711 Phone: 919 541-1605 Fax: 919 541-0237 Email: hassett-sipple.beth@epa.gov Karen Martin Environmental Protection Agency Air and Radiation C504-06 Research Triangle Park, NC 27711 Phone: 919 541-5274 Fax: 919 541-0237 Email: martin.karen@epa.gov RIN: 2060-AO47 EPA 137. 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: NPRM, Judicial, November 16, 2009. Final, Judicial, June 2, 2010. Abstract: Under the Clean Air Act, 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 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 received on the November 1994 proposal, that significant revisions to the primary and secondary NAAQS for SO 2 would not be made at that time. In 2006, EPA's Office of Research and Development 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. Subsequently, the decision was made to separate the reviews of the primary and secondary SO2 standards, and to combine the SO2 secondary-standard review with the secondary-standard review? of Nitrogen Dioxide (NO 2) due to their linkage in terms of effects and atmospheric chemistry. That joint review of the SO2 and NO2 secondary standards is part of a separate regulatory action described elsewhere in this Regulatory Plan under the identifying number (RIN) 2060-AO72. The regulatory action described here is for the Agency's review of the primary SO2 NAAQS. This review includes the preparation of an Integrated Science Assessment, Risk/Exposure Assessment, and a Policy Assessment. These documents were reviewed by EPA's Clean Air Scientific Advisory Committee and the public. These documents inform the Administrator's proposed decision as to whether to retain or revise the standards. Statement of Need: As established in the Clean Air Act, the national ambient air quality standards for SO2 are to be reviewed every five years. Summary of Legal Basis: Section 109 of the Clean Air Act (42 USC 7409) directs the Administrator to propose and promulgate "primary" and "secondary" national ambient air quality standards for pollutants identified under section 108 (the "criteria" pollutants). The "primary" standards are established for the protection of public health, while "secondary" standards are to protect against public welfare or ecosystem effects. Alternatives: The main alternatives for the Administrator's decision on the review? of the national ambient air quality standards for SO2 are whether to retain or revise the existing standards. Anticipated Cost and Benefits: The Clean Air Act makes clear that the economic and technical feasibility of attaining standards are not to be considered in setting or revising the NAAQS, although such factors may be considered in the development of State plans to implement the standards. Accordingly, the Agency prepares cost and benefit information in order to provide States information that may be useful in considering different implementation strategies for meeting proposed or final standards. Cost and benefit information is not developed to support a NAAQS rulemaking until sufficient policy and scientific information is available to narrow potential options for the form and level associated with any potential revisions to the standard. Therefore, work on the developing the plan for conducting the cost and benefit analysis will generally start 1 1/2 to 2 years following the start of a NAAQS review. Risks: During the course of this review?, risk assessments were conducted to evaluate health risks associated with retention or revision of the SO2 standards. 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: Federal, Local, State, Tribal Additional Information: SAN No. 5163; ; EPA Docket information: EPA-HQ-OAR-2007-0352 URL For More Information: http: //www. ep a. gov/ttn/naaqs/ standards/so2/s so2 index.html ------- Federal Register/Vol. 74, No. 233/Monday, December 7, 2009/The Regulatory Plan 64325 Agency Contact: Michael Stewart Environmental Protection Agency Air and Radiation C504-06 Research Triangle Park, NC 27711 Phone: 919 541-7524 Fax: 919 541-0237 Email: stewart.michael@epa.gov Karen Martin Environmental Protection Agency Air and Radiation C504-06 Research Triangle Park, NC 27711 Phone: 919 541-5274 Fax: 919 541-0237 Email: martin.karen@epa.gov RIN: 2060-AO48 EPA 138. REVIEW OF THE SECONDARY NATIONAL AMBIENT AIR QUALITY STANDARDS FOR OXIDES OF NITROGEN AND OXIDES OF SULFUR Priority: Economically Significant. Major under 5 USC 801. Legal Authority: 42 USC 7408; 42 USC 7409 CFR Citation: 40 CFR 50 Legal Deadline: NPRM, Judicial, July 12, 2011. Final, Judicial, March 20, 2012, No court schedule has been ordered for this review as of yet. This date represents the date submitted by EPA to the court. Abstract: Under the Clean Air Act, 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 October 11, 1995, EPA published a final rule not to revise either the primary or secondary NAAQS for nitrogen dioxide (NO2). 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. On December 9, 2005, EPA's Office of Research and Development (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. Subsequently, the decision was made to review the oxides of nitrogen and the oxides of sulfur together, rather than individually, with respect to a secondary welfare standard for NO2 and SO2. 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. This review includes the preparation of an Integrated Science Assessment, Risk/Exposure Assessment, and a Policy Assessment Document by EPA, with opportunities for review by EPA's Clean Air Scientific Advisory Committee and the public. These documents inform the Administrator's proposed decision as to whether to retain or revise the standards. It should be noted that this review will be limited to only the secondary standards; the primary standards for SO2 and NO2 are being reviewed separately, as described elsewhere in this Regulatory Plan under the identifying numbers RIN-2060-AO48 and RIN-2060-AO19, respectively. Statement of Need: As established in the Clean Air Act, the national ambient air quality standards for oxides of nitrogen and oxides of sulfur are to be reviewed every five years. Summary of Legal Basis: Section 109 of the Clean Air Act (42 USC 7409) directs the Administrator to propose and promulgate "primary" and "secondary" national ambient air quality standards for pollutants identified under section 108 (the "criteria" pollutants). The "primary" standards are established for the protection of public health, while "secondary" standards are to protect against public welfare or ecosystem effects. Alternatives: The main alternatives for the Administrator's decision on the review of the national ambient air quality standards for oxides of nitrogen and oxides of sulfur are whether to retain or revise the existing standards. Anticipated Cost and Benefits: The Clean Air Act makes clear that the economic and technical feasibility of attaining standards are not to be considered in setting or revising the NAAQS, although such factors may be considered in the development of State plans to implement the standards. Accordingly, the Agency prepares cost and benefit information in order to provide States information that may be useful in considering different implementation strategies for meeting proposed or final standards. Cost and benefit information is not developed to support a NAAQS rulemaking until sufficient policy and scientific information is available to narrow potential options for the form and level associated with any potential revisions to the standard. Therefore, work on the developing the plan for conducting the cost and benefit analysis will generally start 1 1/2 to 2 years following the start of a NAAQS review. Risks: During the course of this review, risk assessments may be conducted to evaluate public welfare risks associated with retention or revision of the NOx/SOx secondary standards. 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: 919 541-1072 Fax: 919 541-0237 Email: tennant.ginger@epa.gov RIN: 2060-AO72 ------- 64326 Federal Register/Vol. 74, No. 233/Monday, December 7, 2009/The Regulatory Plan EPA 139. CLEAN AIR TRANSPORT RULE Priority: Economically Significant. Major under 5 USC 801. Legal Authority: Clean Air Act 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). The CAIR used a cap and trade approach to reduce sulfur dioxide (SO2) and nitrogen oxides (NOx) emissions. On July 11, 2008, the B.C. Circuit issued an opinion finding the CAIR unlawful and vacating the rule. On December 23, the B.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 the CAIR. This ruling means that the CAIR remains in place, but that EPA is obligated to promulgate another rule under Clean Air Act Section 110(a)(2)(D) consistent with the court's July 11 opinion. This action is proposing to fulfill our obligation to develop a rule consistent with the July 11, 2008 and December 23, 2008 B.C. Court decisions. Statement of Need: The Clean Air Transport Rule is necessary to help states address interstate transport of pollutants from upwind states to downwind nonattainment areas. Specifically, the rule is needed to respond to the remand of the Clean Air Interstate Rule by the U.S. Court of Appeals for the B.C. Circuit. Summary of Legal Basis: The Clean Air Transport Rule is needed to help states address the requirements of section 110(a)(2)(B)(i) of the Clean Air Act. This section requires States to prohibit emissions that contribute significantly to downwind nonattainment with the national ambient air quality standards, or which interfere with maintaining the standards in those downwind states. Alternatives: To be determined. Anticipated Cost and Benefits: To be determined. Risks: To be determined. Timetable: Action Date FR Cite NPRM Final Action 07/00/10 To Be Determined Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Undetermined Federalism: Undetermined Additional Information: SAN No. 5336; EPA Bocket information: EPA-HQ-OAR-2009-0491 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 27709 Phone: 919 541-2940 Fax: 919 541-0824 Email: jones.rhea@epa.gov RIN: 2060-AP50 EPA 140. • REVISION TO PB AMBIENT AIR MONITORING REQUIREMENTS Priority: Other Significant Legal Authority: 42 USC 7403; 42 USC 7410; 42 USC 7601(a); 42 USC 7611; 42 USC 7619 CFR Citation: 40 CFR 58 Legal Deadline: None Abstract: On November 12, 2008, the Environmental Protection Agency (EPA revised the National Ambient Air Quality Standards (NAAQS) for lead and associated monitoring requirements. The finalized monitoring requirements require state and local monitoring agencies to conduct Pb monitoring near Pb sources emitting 1.0 tons per year (tpy) or more and in large urban areas referred to as Core Based Statistical Areas (CBSA) with a population of 500,000 people or more. In January 2009, EPA received a petition to reconsider the 1.0 tpy emission threshold from the Missouri Coalition for the Environment Foundation, Natural Resources Befense Council, the Coalition to End Childhood Poisoning, and Physicians for Social Responsibility requesting EPA reconsider the 1.0 tpy emission threshold. EPA granted the petition to reconsider on July 22, 2009. This action represents the results of the EPA's reconsideration of the Pb monitoring requirements. Statement of Need: This action is in response to a petition to reconsider that the Agency received and granted on the Pb monitoring requirements contained in the revision to the Pb NAAQS (73 FR 66964). Summary of Legal Basis: Clean Air Act Title I Alternatives: To be determined. Anticipated Cost and Benefits: To be determined. Risks: To be determined. Timetable: Action Date FR Cite NPRM 12/00/09 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Local, State Additional Information: SAN No. 5370; EPA Bocket information: EPA-HQ-OAR-2006-0735 URL For More Information: http://epa.gov/air/lead ------- Federal Register/Vol. 74, No. 233/Monday, December 7, 2009/The Regulatory Plan 64327 Agency Contact: Kevin Cavender Environmental Protection Agency Air and Radiation C304-06 RTF, NC 27711 Phone: 919 541-2364 Fax: 919 541-1903 Email: cavender.kevin@epamail.epa.gov 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 RIN: 2060-AP77 EPA 141. • PREVENTION OF SIGNIFICANT DETERIORATION/TITLE V GREENHOUSE GAS TAILORING RULE Priority: Economically Significant. Major under 5 USC 801. Legal Authority: Clean Air Act Title I CFR Citation: Not Yet Determined Legal Deadline: None Abstract: In this rule, EPA will apply a tailored approach to the applicability major source thresholds for greenhouse gases under the Prevention of Significant Deterioration (PSD) and title V programs of the Clean Air Act (CAA or Act) by temporarily raising those thresholds and setting a PSD significance level for greenhouse gases. EPA is anticipating that greenhouse gas (GHG) emissions may soon be subject to regulation pursuant to the CAA. One consequence of our subjecting GHG emissions to regulatory controls is that the requirements of existing air permit programs, namely the prevention of significant deterioration (PSD) preconstruction permitting program for major stationary sources and the title V operating permits program, would be triggered for GHG emission sources. At the current applicability levels under the CAA, tens of thousands of projects every year would need permits under the PSD program, and millions of sources would become subject to the title V program. These numbers of permits are orders of magnitude greater than the current number of permits under these permitting programs and would vastly exceed the administrative capacity of the permitting authorities. By tailoring the applicability thresholds, we will allow actions to be taken by EPA and states to build capacity and streamline permitting. Statement of Need: This action will implement a tailored approach to PSD and Title V applicability for GHG sources when GHG emissions become subject to regulation pursuant to the CAA. This will avoid the scenario where each year tens of thousands of new sources and modifications would potentially become subject to PSD review and millions of sources would require title V operating permits, instead replacing it with a phased approach that allows permitting authorities to manage or obtain the necessary resources to handle the increased workload. Summary of Legal Basis: Doctrine of Administrative Necessity. Alternatives: Alternatives are being developed and will be presented in the preamble to the proposed rule. Anticipated Cost and Benefits: EPA has not completed the necessary analytical work that supports developing the regulatory relief costs savings associated with this rule. Once the analysis plan/work is completed, the Agency will compile and present the information. Risks: Not yet determined. Timetable: Action Date FR Cite NPRM Final Action 12/00/09 04/00/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Undetermined Additional Information: SAN No. 5192; EPA Docket information: EOPA-HQ-OAR-2009-0517 URL For More Information: www.epa.gov/nsr Agency Contact: Joseph Mangino Environmental Protection Agency Air and Radiation C504-03 RTF, NC 27711 Phone: 919 541-9778 Fax: 919 685-3105 Email: mangino.joseph@epamail.epa.gov Jennifer Snyder Environmental Protection Agency Air and Radiation C504-05 Research Triangle Park, NC 27711 Phone: 919 541-3003 Fax: 919 541-5509 Email: snyder.jennifer@epamail.epa.gov RIN: 2060-AP86 EPA 142. • RECONSIDERATION OF THE 2008 OZONE NATIONAL AMBIENT AIR QUALITY STANDARDS Priority: Economically Significant. Major under 5 USC 801. Unfunded Mandates: Undetermined Legal Authority: 42 USC 7409 CFR Citation: Not Yet Determined Legal Deadline: NPRM, Judicial, December 21, 2009, Promised proposal to court by 12/21/2009. Abstract: On March 12, 2008, EPA announced the final decision on the ozone national ambient air quality standards (NAAQS). Soon after that decision was signed on 3/27/08 (73 FR 16436), the Clean Air Scientific Advisory Committee (CASAC) held an unsolicited public meeting and criticized EPA for setting primary and secondary standards that were not consistent with advice provided by the CASAC during review of the NAAQS. On 7/25/08, several environmental and industry petitioners, as well as a number of States, sued EPA on the NAAQS decision, and the Court set a briefing schedule for the consolidated cases on 12/23/08. On 3/10/09, EPA requested that the Court vacate the briefing schedule and hold the consolidated cases in abeyance for 180 days. This request for extension was made to allow time for appropriate ------- 64328 Federal Register/Vol. 74, No. 233/Monday, December 7, 2009/The Regulatory Plan EPA officials appointed by the new Administration to determine whether the standards established in March 2008 should be maintained, modified or otherwise reconsidered. Announcement of reconsideration of the March 2008 NAAQS decision occurred on 9/16/09. The current rulemaking schedule calls for a NAAQS proposal (including a proposal to stay implementation designations for the March 2008 NAAQS) to be signed by 12/15/09, with the final rule to be signed by 8/31/10. Reconsideration of the NAAQS will be limited to information and supporting documentation available to EPA and in the docket at the time of the March 2008 decision. Statement of Need: As established in the Clean Air Act, the national ambient air quality standards for ozone are to be reviewed every five years. As outlined in the abstract of this Regulatory Plan entry, this reconsideration is in response to actions by the courts regarding the last review? in 2008. Summary of Legal Basis: Section 109 of the Clean Air Act (42 USC 7409) directs the Administrator to propose and promulgate "primary" and "secondary" national ambient air quality standards for pollutants identified under section 108 (the "criteria" pollutants). The "primary" standards are established for the protection of public health, while "secondary" standards are to protect against public welfare or ecosystem effects. Alternatives: The main alternatives for the Administrator's decision on the review of the national ambient air quality standards for ozone are whether to reaffirm or revise the existing standards. Decisions on these alternatives will be summarized in the Notice of Proposed Rulemaking. Anticipated Cost and Benefits: A regulatory impact analysis (RIA) is being prepared that presents the costs and benefits associated with the proposed revised ozone standards and potential alternative standards. This RIA will be made available when the Notice of Proposed Rulemaking is published. Risks: The current national ambient air quality standards for ozone are intended to protect against public health risks associated with morbidity and/or premature mortality and public welfare risks associated with adverse vegetation and ecosystem effects. During the course of this review?, risk assessments will be conducted to evaluate health and welfare risks associated with retention or revision of the ozone standards. Timetable: Action Date FR Cite NPRM 01/00/10 Regulatory Flexibility Analysis Required: No Government Levels Affected: None URL For More Information: www.epa.gov/air/criteria.html Agency Contact: David McKee Environmental Protection Agency Air and Radiation C504-06 Research Triangle Park, NC 27711 Phone: 919 541-5288 Fax: 919 541-0237 Email: mckee.dave@epa.gov Karen Martin Environmental Protection Agency Air and Radiation C504-06 Research Triangle Park, NC 27711 Phone: 919 541-5274 Fax: 919 541-0237 Email: martin.karen@epa.gov Related RIN: Related to 2060-AN24 RIN: 2060-AP98 EPA 143. • LEAD; CLEARANCE AND CLEARANCE TESTING REQUIREMENTS FOR THE RENOVATION, REPAIR, AND PAINTING PROGRAM Priority: Economically Significant. Major under 5 USC 801. Unfunded Mandates: Undetermined Legal Authority: 15 USC 2601(c); 15 USC 2682(c)(3); 15 USC 2684; 15 USC 2686; 15 USC 2687 CFR Citation: 40 CFR 745 Legal Deadline: NPRM, Judicial, April 22, 2010, Signature. Final, Judicial, July 15, 2011, Signature. Abstract: EPA intends to propose several revisions to the 2008 Lead Renovation, Repair, and Painting Program (RRP) rule that established accreditation, training, certification, and recordkeeping requirements as well as work practice standards for persons performing renovations for compensation in most pre-1978 housing and child-occupied facilities. Current requirements include training renovators, other renovation workers, and dust sampling technicians; for certifying renovators, dust sampling technicians, and renovation firms; for accrediting providers of renovation and dust sampling technician training; for renovation work practices; and for recordkeeping. EPA is particularly concerned about dust lead hazards generated by renovations because children, especially younger children, are at risk for high exposures of lead- based paint dust via hand-to-mouth exposure. For this particular action, EPA will consider whether to establish additional requirements to ensure that renovation work areas are adequately cleaned after renovation work is finished and before the areas are re- occupied. These additional requirements may include dust wipe testing after renovations and ensuring that renovation work areas meet clearance standards before re- occupancy. Statement of Need: EPA is particularly concerned about dust lead hazards generated by renovations because children, especially younger children, are at risk for high exposures of lead-based paint dust via hand-to-mouth exposure. This rulemaking revision is being considered in response to a settlement agreement. Summary of Legal Basis: Section 402(c)(3) of the Toxic Substances Control Act (TSCA) requires EPA to regulate renovation or remodeling activities that create lead- based paint hazards in target housing, which is defined by statute to cover most pre-1978 housing, public buildings built before 1978, and commercial buildings. Alternatives: The additional requirements may include dust wipe testing after ------- Federal Register/Vol. 74, No. 233/Monday, December 7, 2009/The Regulatory Plan 64329 renovations and ensuring that renovation work areas meet clearance standards before re-occupancy. Anticipated Cost and Benefits: Not yet determined. Risks: Not yet determined. Timetable: Action Date FR Cite NPRM Final Action 04/00/10 07/00/11 Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: None Additional Information: SAN No. 5380 URL For More Information: http://www.epa.gov/lead/pubs/ renovation.htm Agency Contact: Cindy Wheeler Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7404T Washington, DC 20460 Phone: 202 566-0484 Fax: 202 566-0471 Email: wheeler.cindy@epa.gov Michelle Price Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7404T Washington, DC 20460 Phone: 202 566-0744 Fax: 202 566-0471 Email: price.michelle@epa.gov RIN: 2070-AJ57 EPA 144. STANDARDS FOR THE MANAGEMENT OF COAL COMBUSTION RESIDUALS GENERATED BY COMMERCIAL ELECTRIC POWER PRODUCERS Priority: Economically Significant. Major under 5 USC 801. Unfunded Mandates: Undetermined Legal Authority: Not Yet Determined CFR Citation: Not Yet Determined Legal Deadline: None Abstract: This action is for the development of regulations for coal combustion residuals (formerly coal combustion waste). The regulations will apply to waste management units at facilities that manage coal combustion residuals 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 residuals (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, while monitoring the benefits of beneficial use of coal ash residues. The Agency issued on August 29, 2007, a Notice of Data Availability (NODA) announcing the availability for public inspection and comment of new information and data on the management of coal combustion wastes that the Agency will consider in deciding next steps in this effort. The comment period for this NODA closed on February 11, 2008. EPA is currently preparing a proposed rule for the regulation of coal combustion residuals. Statement of Need: There is a need to assess risks associated with the management of coal combustion residuals and the most effective regulatory option to address them. Summary of Legal Basis: Resource Conservation and Recovery Act Alternatives: To be determined. Anticipated Cost and Benefits: To be determined. Risks: To be determined. 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: This action may have federalism implications as defined in EO 13132. 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 will also affect 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 5304P Washington, DC 20460 Phone: 703 308-7251 Fax: 703 605-0595 Email: livnat.alexander@epa.gov Steve Souders Environmental Protection Agency Solid Waste and Emergency Response 5306P Washington, DC 20460 Phone: 703 308-8431 Fax: 703 605-0595 Email: souders.steve@epamail.epa.gov RIN: 2050-AE81 EPA 145. CRITERIA AND STANDARDS FOR COOLING WATER INTAKE STRUCTURES Priority: Economically Significant. Major under 5 USC 801. Unfunded Mandates: This action may affect State, local or tribal governments and the private sector. Legal Authority: CWA 101; CWA 301; CWA 304; CWA 308; CWA 316; CWA 401; CWA 402; CWA 501; CWA 510 ------- 64330 Federal Register/Vol. 74, No. 233/Monday, December 7, 2009/The Regulatory Plan CFR Citation: 40 CFR 122; 40 CFR 123; 40 CFR 124; 40 CFR 125 Legal Deadline: None Abstract: Section 316(b) of the Clean Water Act (CWA) requires EPA to ensure that the location, design, construction, and capacity of cooling water intake structures reflect the best technology available (BTA) for minimizing adverse environmental impacts. In developing regulations to implement section 316(b), EPA divided its effort into three rulemaking phases. Phase II, for existing electric generating plants that use at least 50 MGD of cooling water, was completed in luly 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 decision-making. This finding did not hold that the Agency must consider costs and benefits in these decisions. EPA issued the Phase III regulation, covering existing electric generating plants using less than 50 MGD of cooling water, and all existing manufacturing facilities, in June 2006. EPA will accept a voluntary remand of the Phase III regulation for existing facilities, in order to issue a regulation covering both Phase II and III facilities, and to do so in a consistent manner. EPA expects this new rulemaking will similarly apply to the approximately 900 existing electric generating and manufacturing plants. Statement of Need: In the absence of national regulations, NPDES permit writers have developed requirements to implement section 316(b) on a case-by-case basis. This may result in a range of different requirements, and, in some cases, delays in permit issuance or reissuance. This regulation may have substantial ecological benefits. Summary of Legal Basis: The Clean Water Act requires EPA to establish best technology available standards to minimize adverse environmental impacts from cooling water intake structures. On February 16, 2004, EPA took final action on regulations governing cooling water intake structures at certain existing power producing facilities under section 316(b) of the Clean Water Act (Phase II rule). 69 FR 41576 (July 9, 2004). These regulations were challenged, and the Second Circuit remanded several provisions of the Phase II rule on various grounds. Riverkeeper, Inc. v. EPA, 475 F.3d 83, (2d Cir., 2007). EPA suspended most of the rule in response to the remand. 72 FR 37107 (July 9, 2007). The remand of Phase III does not change permitting requirements for these facilities. Until the new rule is issued, permit directors continue to issue permits on a case- by-case, Best Professional Judgment basis for Phase II facilities. Alternatives: This analysis will cover various sizes and types of potentially regulated facilities, and control technologies. EPA is considering whether to regulate on a national basis, by subcategory, or by broad water body category. Anticipated Cost and Benefits: The technologies under consideration in this rulemaking are similar to the technologies considered for the original Phase II and Phase III rules. Those costs evaluated for the Phase II remanded rule, in 2002 dollars, ranged from $389 million (the final rule option) to $440 million (the final rule option at proposal) to $1 billion to $3.5 billion (closed cycle cooling for facilities on certain waterbodies, or at all facilities). The monetized benefits of the original final rule were estimated to be $82 million. The monetized benefits include only the use value associated with quantifiable increases in commercial and recreational fisheries. Non-use benefits were not analyzed. The costs and benefits of the Phase III option most closely aligned with the Phase II option co-promulgated were $38.3 million and $2.3 million respectively, in 2004 dollars. EPA will develop new costs and benefits estimates for this new effort. Risks: Cooling water intake structures may pose significant risks for aquatic ecosystems. Timetable: Action Date FR Cite NPRM Final Action 09/00/10 07/00/12 Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses, Governmental Jurisdictions Government Levels Affected: Federal, Local, State 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.paul@epamail.epa.gov Jan Matuszko Environmental Protection Agency Water 4303T Washington, DC 20460 Phone: 202 566-1035 Email: matuszko.jan@epamail.epa.gov RIN: 2040-AE95 EPA FINAL RULE STAGE 146. REVIEW OF THE PRIMARY NATIONAL AMBIENT AIR QUALITY STANDARD FOR NITROGEN DIOXIDE Priority: Economically Significant. Major under 5 USC 801. Legal Authority: 42 USC 7408; 42 USC 7409 CFR Citation: 40 CFR 50 Legal Deadline: NPRM, Judicial, June 26, 2009. Final, Judicial, January 22, 2010. Abstract: Under the Clean Air Act, EPA is required to review and, if appropriate, ------- Federal Register/Vol. 74, No. 233/Monday, December 7, 2009/The Regulatory Plan 64331 revise the air quality criteria for the primary (health-based) and secondary (welfare-based) national ambient air quality standards (NAAQS) every 5 years. On October 8, 1996, EPA published a final rule not to revise either the primary or secondary NAAQS for nitrogen dioxide (NO2). That action provided the Administrator's final determination, after careful evaluation of comments received on the October 1995 proposal, that revisions to neither the primary nor the secondary NAAQS for NO 2 were appropriate at that time. On December 9, 2005, EPA's Office of Research and Development 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. Subsequently, the decision was made to separate the reviews of the primary and secondary NO2 standards, and to combine the NO2 secondary-standard review? with the secondary-standard review of Sulfur Dioxide (SO2) due to their linkage in terms of effects and atmospheric chemistry. That joint review? of the SO2 and NO2 secondary standards is part of a separate regulatory action described elsewhere in this Regulatory Plan under the identifying number RIN- 2060-AO72. The regulatory action described here is for the Agency's review? of the primary NO2 NAAQS. This includes the preparation of an Integrated Science Assessment, Risk/Exposure Assessment, and a Policy Assessment Document by EPA, with opportunities for review? by EPA's Clean Air Scientific Advisory Committee and the public. These documents inform the Administrator's proposed decision as to whether to retain or revise the standards. On July 15, 2009, a proposed rule was published that would establish a new, short-term (1-hour) standard in the range of 80 to 100 parts per billion. This action included a proposal to revise the NO2 monitoring network to include monitors near major roadways. Statement of Need: As established in the Clean Air Act, the national ambient air quality standards for NO2 are to be reviewed every five years. Summary of Legal Basis: Section 109 of the Clean Air Act (42 USC 7409) directs the Administrator to propose and promulgate "primary" and "secondary" national ambient air quality standards for pollutants identified under section 108 (the "criteria" pollutants). The "primary" standards are established for the protection of public health, while "secondary" standards are to protect against public welfare or ecosystem effects. Alternatives: The main alternatives for the Administrator's decision on the review? of the national ambient air quality standards for NO 2 are whether to retain or revise the existing standards. Anticipated Cost and Benefits: The Clean Air Act makes clear that the economic and technical feasibility of attaining standards are not to be considered in setting or revising the NAAQS, although such factors may be considered in the development of State plans to implement the standards. Accordingly, the Agency prepares cost and benefit information in order to provide States information that may be useful in considering different implementation strategies for meeting proposed or final standards. Cost and benefit information is not developed to support a NAAQS rulemaking until sufficient policy and scientific information is available to narrow? potential options for the form and level associated with any potential revisions to the standard. Therefore, work on the developing the plan for conducting the cost and benefit analysis will generally start 1 1/2 to 2 years following the start of a NAAQS review. Risks: During the course of this review?, risk assessments will be conducted to evaluate health risks associated with retention or revision of the NO2 standards Timetable: Action Date FR Cite NPRM Final Action 07/15/09 74 FR 34403 02/00/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal, State, Local, Tribal Additional Information: SAN No. 5111; EPA publication information: NPRM - http://edocket.access.gpo.gov/2009/pdf/ E9-15944.pdf; EPA Docket information: EPA-HQ-OAR-2006-0922 URL For More Information: http://www. epa.gov/air/nitrogenoxides/ Agency Contact: Scott Jenkins Environmental Protection Agency Air and Radiation C445-01 RTF, NC 27711 Phone: 919 541-1167 Email: jenkins.scott@epa.gov Karen Martin Environmental Protection Agency Air and Radiation C504-06 Research Triangle Park, NC 27711 Phone: 919 541-5274 Fax: 919 541-0237 Email: martin.karen@epa.gov RIN: 2060-AO19 EPA 147. CONTROL OF EMISSIONS FROM NEW MARINE COMPRESSION-IGNITION ENGINES AT OR ABOVE 30 LITERS PER CYLINDER Priority: Other Significant Legal Authority: 42 USC 7545; 42 USC 7547 CFR Citation: 40 CFR 80; 40 CFR 94; 40 CFR 1042; 40 CFR 1065 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 nitrogen oxides (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 NOx recently adopted by the International Maritime Organization, ------- 64332 Federal Register/Vol. 74, No. 233/Monday, December 7, 2009/The Regulatory Plan 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 other components of which would consist of the new amendments to MARPOL Annex VI that will extend these standards to foreign vessels (through the Act to Prevent Pollution from Ships) and pursuing Emission Control Area (EGA) designation for U.S. coastal areas in accordance with MARPOL Annex VI. Implementation of this coordinated strategy will ensure that all ships that affect U.S. air quality meet stringent NOx and fuel sulfur requirements. A recent D.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. Statement of Need: There is a need to reduce emissions from Category 3 marine diesel engines to achieve significant public health benefits and help states and localities attain and maintain PM and ozone National Ambient Air Quality Standards. These large diesel engines generate significant emissions of fine particulate matter (PM2.5), Nitrogen oxides (NOx) and sulfur oxides (SOx), as well as hydrocarbons (HC), carbon monoxide (CO), and hazardous air pollutants or air toxics that are associated with adverse health effects. Without further action, by 2030, NOx emissions from ships are projected to more than double, growing to 2.1 million tons a year, while annual PM2.5 emissions are expected to almost triple to 170,000 tons. By 2030, the coordinated strategy described in this rule is expected to reduce annual emissions of NOx in the United States by about 1.2 million tons and particulate matter (PM) emissions by about 143,000 tons, and prevent between 13,000 and 32,000 premature deaths annually. Summary of Legal Basis: Authority for this regulatory action is granted to the Environmental Protections Agency by sections 114, 203, 205, 206, 207, 208, 211, 213, 216, and 301 (a) of the Clean Air Act as amended in 1990 (42 U.S.C. 7414, 7522, 7524, 7525, 7541, 7542, 7545, 7547, 7550 and 7601(a)), and by sections 1901-1915 of the Act to Prevent Pollution from Ships (33 USC 1909 et seq.). The authority for the fuel requirements is provided in section 211 (c) of the Clean Air Act, which allow EPA to regulate fuels that contribute to air pollution which endangers public health or welfare (42 U.S.C. 7545 (c)). Additional support for the procedural and enforcement-related aspects of the fuel controls in the proposed rule, including the record keeping requirements, comes from sections 114 (a) and 301 (a) of the CAA (42 U.S.C. Sections 7414 (a) and 7601 (a)). The authority for the engine requirements is provided in section 213(a)(3) of the Clean Air Act, which directs the Administrator to set standards regulating emissions of NOx, volatile organic compounds (VOCs), or CO for classes or categories of engines, like marine diesel engines, that contribute to ozone or carbon monoxide concentrations in more than one nonattainment area. Section 208, which requires manufacturers and other persons subject to Title II requirements to "provide information the Administrator may reasonably require . . . to otherwise carry out the provisions of this part. . . " provides authority for a PM measurement requirement. The authority to implement and enforce the Category 3 marine diesel emission standard is provided in Section 213(d) which specifies that the standards EPA adopts for marine diesel engines "shall be subject to Sections 206, 207, 208, and 209 of the Clean Air Act, with such modifications that the Administrator deems appropriate to the regulations implementing these sections." In addition, the marine standards "shall be enforced in the same manner as [motor vehicle] standards prescribed under section 202" of the Act. Section 213 (d) also grants EPA authority to promulgate or revise regulations as necessary to determine compliance with and enforce standards adopted under section 213. Authority to implement MARPOL Annex VI is provided in section 1903 of the Act to Prevent Pollution from Ships (APPS). Section 1903 gives the Administrator the authority to prescribe any necessary or desired regulations to carry out the provisions of Regulations 12 through 19 of Annex VI. Alternatives: Several alternatives were considered as part of this rulemaking, including a mandatory cold ironing requirement; earlier adoption of the Tier 3 NOx limits; and standards for existing engines, including a mandatory remanufacture program, the MARPOL Annex VI program for existing engines, and a Voluntary Marine Verification Program. Anticipated Cost and Benefits: A benefit-cost analysis was performed for the entire coordinated strategy that involves this rulemaking and the international agreements described above. Specifically, the estimated annual benefits of the coordinated strategy range between $110 and $280 billion annually in 2030 using a three percent discount rate, or between $100 and $260 billion assuming a 7 percent discount rate, compared to estimated social costs of approximately $3.1 billion in that same year. Though there are a number of health and environmental effects associated with the coordinated strategy that we are unable to quantify or monetize, the projected benefits of the coordinated strategy far outweigh the projected costs. Using a conservative benefits estimate, the 2030 benefits are expected to outweigh the costs by at least a factor of 32 and could be as much as a factor of 90. Risks: The failure to set new tiers of standards for Category 3 marine diesel engines risks continued increases in exposure to elevated levels of ambient ozone and particulate matter emissions, particularly for populations in port areas and along coastal waterways but also for populations located well inland. These elevated levels risk additional premature mortality and other health and environmental impacts that could otherwise be avoided. Timetable: Action Date FR Cite ANPRM ANPRM Comment Period End NPRM NPRM Comment Period End Final Action 12/07/07 72 FR 69521 03/06/08 08/28/09 74 FR 44441 09/28/09 12/00/09 Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses Government Levels Affected: Federal ------- Federal Register/Vol. 74, No. 233/Monday, December 7, 2009/The Regulatory Plan 64333 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: Jean Revelt Environmental Protection Agency Air and Radiation OAR/OTAQ/ASD Ann Arbor, MI 48105 Phone: 734 214-4822 Fax: 734 214-4050 Email: revelt.jean-marie@epa.gov Michael Samulski Environmental Protection Agency Air and Radiation OAR/OTAQ/ASD Ann Arbor, MI 48105 Phone: 734 214-1532 Fax: 734 214-4816 Email: samulski.michael@epa.gov RIN: 2060-AO38 EPA 148. RENEWABLE FUELS STANDARD PROGRAM Priority: Economically Significant. Major under 5 USC 801. Unfunded Mandates: This action may affect the private sector under PL 104-4. Legal Authority: Clean Air Act Section 211(o) CFR Citation: 40 CFR 86; 40 CFR 80 Legal Deadline: Final, Statutory, December 19, 2008. Abstract: This rulemaking will implement provisions in Title II of the 2007 Energy Independence and Security Act (EISA) that amend Section 211(o) of the Clean Air Act. The amendments revise the National Renewable Fuels Standard Program in the United States, increasing the national requirement to a total of 36 billion gallons of total renewable fuel in 2022. Application of the new standards now apply to diesel fuel producers in addition to gasoline producers and to nonroad fuels in addition to highway fuels. The new requirements also establish new renewable fuel categories and specific volume standards for cellulosic and advanced renewable fuels, biomass based diesel and total renewable fuels. Further, the amendments establish new eligibility requirements for meeting the renewable fuel standards including application of a specific definition for biomass, restrictions on what land feedstocks can come from and establish minimum lifecycle greenhouse gas reduction thresholds for the various categories of renewable fuels. Statement of Need: This action is directed by the 2007 Energy Independence and Security Act. It requires EPA to implement the amendments to Clean Air Act Section 211(o) - The Renewable Fuels Standard Program. Summary of Legal Basis: Clean Air Act Section 211(o). Alternatives: A notice of proposed rulemaking was published in the Federal Register on May 26, 2009. The proposal includes a number of proposed approaches as well as alternative approaches to implement the new standards. The public comment period will close on September 25, 2009. Anticipated Cost and Benefits: The economic analyses that support the proposed rule do not reflect all of the potentially quantifiable economic impacts. There are several key impacts that remain incomplete as a result of time and resource constraints necessary to complete the proposed rule, including the economic impact analysis and the air quality and health impacts analysis (see Section II.B.3). As a result, this proposal does not combine economic impacts in an attempt to compare costs and benefits, in order to avoid presenting an incomplete and potentially misleading characterization. For the final rule, when the planned analyses are complete and current analyses updated, we will provide a consistent cost-benefit comparison. However, the following is offered in reflection of some of the benefits and costs associated with certain aspects of the proposed rule. Initial estimates indicate that the expanded use of renewable fuels will result in a reduction of 6.8 billion tons of CO2 equivalent GHG emissions in 2022. This is equivalent to removing about 24 million vehicles off the road. Also, 36 billion gallons of renewable fuel will displace about 15 billion gallons of petroleum-based gasoline and diesel fuel, which represents about 11% of annual gasoline and diesel consumption in 2022. Total energy security benefits associated with a reduction of U.S. imported oil is $12.38/barrel. Based upon the $12.38/barrel figure, total energy security benefits associated with this proposal were calculated at $3.7 billion. Increases in gasoline and diesel fuel costs are equivalent to $4 billion to $18 billion in 2022. Estimates on U.S. food costs would increase by $10 per person per year by 2022 while net U.S. farm income would increase by $7.1 billion dollars (10.6%). Risks: Analysis of criteria and toxic emission impacts is performed relative to several different reference cases. Overall we project the proposed program will result in significant increases in ethanol and acetaldehyde emissions. We project more modest but still significant increases in acrolein, NOx, formaldehyde and PM. However, we project today's action will result in decreased ammonia emissions (due to reductions in livestock agricultural activity), decreased CO emissions (driven primarily by the impacts of ethanol on exhaust emissions from vehicles and nonroad equipment), and decreased benzene emissions (due to displacement of gasoline with ethanol in the fuel pool). Discussion and a breakdown of these results by the fuel production / distribution and vehicle and equipment emissions are presented in the NPRM. The aggregate nationwide emission inventory impacts presented here will likely lead to health impacts throughout the U.S. due to changes in future-year ambient air quality. However, emissions changes alone are not a good indication of local or regional air quality and health impacts, as there may be highly localized impacts such as increased emissions from ethanol plants and evaporative emissions from cars, and decreased emissions from gasoline refineries. For the final rule, a national-scale air quality modeling analysis will be performed to analyze the impacts of the proposed standards. Further, as the production of biofuels increases to meet the requirements of this proposed rule, there may be adverse impacts on both ------- 64334 Federal Register/Vol. 74, No. 233/Monday, December 7, 2009/The Regulatory Plan water quality and quantity. Increased production of biofuels may lead to increased application of fertilizer and pesticides and increased soil erosion, which could impact water quality. Timetable: Action Date FR Cite NPRM NPRM Comment Period End NPRM Comment Period Extended NPRM Extended Comment Period End Final Action 05/26/09 74 FR 24903 07/27/09 07/07/09 74 FR 32091 09/25/09 12/00/09 Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses Government Levels Affected: None International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest. Additional Information: SAN No. 5250. EPA publication information: NPRM - http://edocket.access.gpo.gov/2009/pdf/ E9-10978.pdf — EPA Docket information: EPA—HQ— OAR—2005— 0161 URL For More Information: http://www.epa.gov/otaq/ renewablefuels/index.htmmotices Agency Contact: Paul Argyropoulos Environmental Protection Agency Air and Radiation 6520J ARN Washington, DC 20460 Phone: 202 564-1123 Fax: 202 564-1686 Email: argyropoulos.paul@epa.gov David Korotney Environmental Protection Agency Air and Radiation AAFC Ann Arbor, MI 48105 Phone: 734 214-1507 Email: korotney.david@epamail.epa.gov RIN: 2060-AO81 EPA 149. ENDANGERMENT AND CAUSE OR CONTRIBUTE FINDINGS FOR GREENHOUSE GASES UNDER SECTION 202(A) OF THE CLEAN AIR ACT Priority: Other Significant Legal Authority: 42 USC 7521(a) CFR Citation: Not Yet Determined Legal Deadline: None Abstract: On April 24, 2009, the Administrator published a proposed 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 (MFCs), 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. Statement of Need: This action responds to the Supreme Court's decision in Massachusetts v. EPA, 549 U.S. 497 (2007), in which the court found that greenhouse gases are air pollutants under the CAA. The Court held that the Administrator must determine whether or not emissions of greenhouse gases from new motor vehicles and new motor vehicle engines cause or contribute to air pollution which may reasonably be anticipated to endanger public health or welfare, or whether the science is too uncertain to make a reasoned decision. Summary of Legal Basis: The legal basis is Section 202(a) of the Clean Air Act. Alternatives: Not yet determined. Anticipated Cost and Benefits: This action does not include any proposed standards and does not itself impose any requirements on industry or other entities. Risks: The effects of climate change observed to date and projected to occur in the future include, but are not limited to, more frequent and intense heat waves, more severe wildfires, degraded air quality, more heavy downpours and flooding, increased drought, greater sea level rise, more intense storms, harm to water resources, harm to agriculture, and harm to wildlife and ecosystems. Timetable: Action Date FR Cite Proposal Final 04/24/09 74 FR 18886 12/00/09 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: Previously reported as RIN 2060-ZA14. SAN No. 5335; EPA publication information: Proposal - http://www. epa.gov/fedrgstr/EPA- AIR/2009/April/Day-24/a9339.pdf. EPA Docket information: EPA-HQ-OAR- 2009-0171 URL For More Information: www.epa.gov/climatechange/ endangerment. html Agency Contact: Rona Birnbaum Environmental Protection Agency Air and Radiation 6207J Washington, DC 20460 Phone: 202 343-9076 Fax: 202 565-2140 Email: birnbaum.rona@epamail.epa.gov Ben DeAngelo Environmental Protection Agency Air and Radiation 6207J Washington, DC 20460 Phone: 202 343-9107 Email: deangelo.ben@epamail.epa.gov RIN: 2060-AP55 ------- Federal Register/Vol. 74, No. 233/Monday, December 7, 2009/The Regulatory Plan 64335 EPA 150. • EPA/NHTSA JOINT RULEMAKING TO ESTABLISH LIGHT-DUTY GREENHOUSE GAS EMISSION STANDARDS AND CORPORATE AVERAGE FUEL ECONOMY STANDARDS Priority: Economically Significant. Major under 5 USC 801. Unfunded Mandates: Undetermined Legal Authority: Clean Air Act Section 202(a) CFR Citation: Not Yet Determined Legal Deadline: None Abstract: EPA plans to set national emissions standards under section 202 (a) of the Clean Air Act to control greenhouse gas (GHG) emissions from passenger cars and light-duty trucks, and medium- duty passenger vehicles, as part of a joint rulemaking with National Highway Traffic and Safety Administration (NHTSA). This joint rulemaking effort was announced by President Obama on May 19, 2009. The GHG standards would significantly reduce the GHG emissions from these light-duty vehicles. The standards would be phased in beginning with the 2012 model year through model year 2016. EPA and NHTSA expect to propose the rules by late summer 2009. EPA's final action would only occur if EPA determines that emissions of greenhouse gases may reasonably be anticipated to endanger public health or welfare, and that emissions from new motor vehicles and motor vehicle engines contribute to the atmospheric concentrations of these greenhouse gases and hence to the threat of climate change. EPA has already proposed these findings. (74 FR 18886; April 24, 2009) Statement of Need: EPA recently proposed to find that emissions of greenhouse gases from new motor vehicles and engines cause or contribute to air pollution that may reasonably be anticipated to endanger public health and welfare. Therefore, there is a need to reduce GHG emissions from light-duty vehicles to protect public health and welfare. The light-duty vehicle sector, which includes passenger cars, light-duty trucks, and medium-duty passenger vehicles, accounts for approximately 60% of all U.S. transportation sector GHG emissions. This rulemaking would significantly reduce GHG emissions from model year 2012 through 2016 light-duty vehicles. This rulemaking is also consistent with the National Fuel Efficiency Policy announced by President Obama on May 19, 2009, responding to the country's critical need to address global climate change and reduce oil consumption. Summary of Legal Basis: Section 202(a)(l) provides broad authority to regulate new "motor vehicles," which include light duty vehicles, light-duty trucks, and medium-duty passenger vehicles (hereafter light vehicles). While other provisions of Title II address specific model years and emissions of motor vehicles, section 202(a)(l) provides the authority that EPA would use to regulate GHGs from new light vehicles. Section 202(a)(l) states "the Administrator shall by regulation prescribe (and from time to time revise). . . standards applicable to the emission of any air pollutant from any class or classes of new motor vehicles . . . , which in his judgment cause, or contribute to, air pollution which may reasonably be anticipated to endanger public health or welfare." Any such standards "shall be applicable to such vehicles ... for their useful life." Finalizing the light vehicle regulations would be contingent upon EPA finalizing both the endangerment finding and cause or contribute finding that emissions of GHGs from new motor vehicles and motor vehicle engines cause or contribute to air pollution that may reasonably be anticipated to endanger public health and welfare. Alternatives: The rulemaking proposal will include an evaluation of regulatory alternatives that can be considered in addition to the Agency's primary proposal. In addition, the proposal is expected to include tools such as averaging, banking and trading of emissions credits as alternative approaches for compliance with the proposed program. Anticipated Cost and Benefits: According to EPA's preliminary analysis, the standards under consideration are projected to reduce GHGs by approximately 900 million metric tons and save 1.8 billion barrels of oil over the life of the program for MY 2012 — 2016 vehicles. The program would reduce GHG emissions from the U.S. light-duty fleet by 19 percent by 2030. EPA estimates an average increased cost of about $1,300 per vehicle in 2016 compared to today's vehicles. However, the typical driver would save enough in lower fuel costs over the first three years to offset the higher vehicle cost. Over the life of a vehicle, drivers would save about $2,800 through the fuel savings that come from controlling GHG emissions. Detailed analysis of economy-wide cost impacts, greenhouse gas emission reductions, and societal benefits will be performed during the rulemaking process. Risks: GHG emissions from light-duty vehicles are responsible for almost 60 percent of all U.S. transportation-related GHGs, and increase the risk of unacceptable climate change impacts. Timetable: Action NPRM NPRM Comment Period End Final Action Date FR Cite 09/28/09 74 FR 49454 11/27/09 03/00/1 0 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 5344; EPA Docket information: EPA-HQ-OAR-2009-0472 Agency Contact: Robin Moran Environmental Protection Agency Air and Radiation ASD Ann Arbor, MI 48105 Phone: 734 214-1781 Fax: 734 214-4816 Email: moran.robin@epamail.epa.gov Chris Lieske Environmental Protection Agency Air and Radiation ASD Ann Arbor, MI 48105 Phone: 734 214-1584 Fax: 734 214-4816 Email: lieske.christopher@epamail.epa.gov Related RIN: Related to 2127-AK50 RIN: 2060-AP58 ------- 64336 Federal Register/Vol. 74, No. 233/Monday, December 7, 2009/The Regulatory Plan EPA 151. • PREVENTION OF SIGNIFICANT DETERIORATION (PSD): RECONSIDERATION OF INTERPRETATION OF REGULATIONS THAT DETERMINE POLLUTANTS COVERED BY THE FEDERAL PSD PERMIT PROGRAM Priority: Other Significant Legal Authority: Administrative Procedure Act sec 553(e) CFR Citation: Not Yet Determined Legal Deadline: None Abstract: This action concerns the EPA's interpretation of the regulatory phrase "subject to regulation" as it applies to the federal Prevention of Significant Deterioration (PSD) program (more specifically, in 40 CFR 52.21(b)(50)). At issue is a December 18, 2008, memorandum, titled "EPA's Interpretation of Regulations that Determine Pollutants Covered By Federal Prevention of Significant Deterioration (PSD) Permit Program," which specified that a pollutant is only "subject to regulation" when its emissions are actually controlled or limited under a provision of the Clean Air Act (CAA) or a final EPA rule issued under the authority of the CAA. Following issuance of the memo, EPA received a petition for reconsideration from the Sierra Club and several other organizations. The petitioners argued that EPA's issuance of the Memo violated the procedural requirements of the Administrative Procedures Act and the CAA, and the Memo's interpretation conflicted with prior agency actions. On February 17, 2009, the Administrator granted reconsideration on the December 18, 2008, memorandum in order to allow for public comment on the issues raised in the Memo and in a related decision of the Environmental Appeals Board (EAB). Thus, EPA will proceed with a reconsideration proceeding and conduct rulemaking regarding the proper interpretation of this regulatory phrase. Statement of Need: This rulemaking is needed to ensure a common understanding of when a new pollutant becomes "subject to regulation" and thereby subject to PSD permitting requirements. In light of the petitioners' request, EPA believes that soliciting comment on the December 18, 2008, interpretation, as well as other feasible options, is warranted. Summary of Legal Basis: APA 553(e). Alternatives: Not yet determined. Anticipated Cost and Benefits: Not yet determined. Risks: Not yet determined. Timetable: Action Date FR Cite NPRM Final Action 10/07/09 74 FR 51535 03/00/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 5377 URL For More Information: www. epa.gov/nsr Agency Contact: Dave Svendsgaard Environmental Protection Agency Air and Radiation C504-03 RTF, NC 27711 Phone: 919 541-2380 Fax: 919 685-3105 Email: svendsgaard.dave@epamail.epa.gov Raj Rao Environmental Protection Agency Air and Radiation C504-02 RTF, NC 27711 Phone: 919 541-5344 Fax: 919 541-5509 Email: rao.raj@epamail.epa.gov RIN: 2060-AP87 EPA 152. • LEAD; AMENDMENT TO THE OPT-OUT AND RECORDKEEPING PROVISIONS IN THE RENOVATION, REPAIR, AND PAINTING PROGRAM Priority: Economically Significant. Major under 5 USC 801. Unfunded Mandates: This action may affect the private sector under PL 104-4. Legal Authority: 15 USC 2601(c); 15 USC 2682(c)(3); 15 USC 2684; 15 USC 2686; 15 USC 2687 CFR Citation: 40 CFR 745 Legal Deadline: NPRM, Judicial, October 20, 2009, Signature. Final, Judicial, April 22, 2010, Signature. Abstract: EPA intends to propose several revisions to the 2008 Lead Renovation, Repair, and Painting Program (RRP) rule that established accreditation, training, certification, and recordkeeping requirements as well as work practice standards on persons performing renovations for compensation in most pre-1978 housing and child-occupied facilities. This particular action will involve proposing amendments to the opt-out provision that currently exempts a renovator from the training and work practice requirements of the rule where he or she obtains a certification from the owner of a residence he or she occupies that no child under age 6 or pregnant women resides in the home and the home is not a child-occupied facility. EPA will propose revisions that involve renovation firms providing the owner with a copy of the records they are currently required to maintain to demonstrate compliance with the training and work practice requirements of the RRP rule and, if different, providing the information to the occupant of the building being renovated or the operator of the child- occupied facility. EPA will also propose various minor amendments to the regulations concerning applications for training provider accreditation, amending accreditations, course completion certificates, recordkeeping, State and Tribal program requirements, and grandfathering (i.e., taking a refresher training in lieu of the initial training). In addition, the proposed amendments intend to clarify that certain requirements apply to the RRP rule as well as the Lead-based Paint Activities (abatement) regulations, that a certified inspector or risk assessor can act as a dust sampling technician, which hands-on training topics are required for renovator and dust sampling technician courses, and ------- Federal Register/Vol. 74, No. 233/Monday, December 7, 2009/The Regulatory Plan 64337 requirements for States and Tribes that apply to become authorized to implement the RRP program. Statement of Need: This rulemaking revisions is being considered in response to a settlement agreement. Summary of Legal Basis: Section 402(c)(3) of the Toxic Substances Control Act (TSCA) requires EPA to regulate renovation or remodeling activities that create lead- based paint hazards in target housing, which is defined by statute to cover most pre-1978 housing, public buildings built before 1978, and commercial buildings. Alternatives: The original proposal considered several options on these points. In addition, EPA will identify other alternatives to evaluate. The alternatives were not, however, available at the time that this form was completed. Anticipated Cost and Benefits: Under development and not available at the time that this form was completed. Risks: Under development and not available at the time that this form was completed. Timetable: Action NPRM NPRM Comment Period End Final Action Date FR Cite 10/28/09 74 FR 55506 11/27/09 04/00/1 0 Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses Government Levels Affected: None Additional Information: SAN No. 5379 URL For More Information: http://www.epa.gov/lead/pubs/ renovation.htm Agency Contact: Marc Edmonds Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7404T Washington, DC 20460 Phone: 202 566-0758 Fax: 202 566-0741 Email: edmonds.marc@epa.gov Michelle Price Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7404T Washington, DC 20460 Phone: 202 566-0744 Fax: 202 566-0471 Email: price.michelle@epa.gov RIN:2070-AJ55 EPA 153. 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 amended the Spill Prevention, Control, and Countermeasure (SPCC) rule to provide increased clarity with respect to specific regulatory requirements, to tailor requirements to particular industry sectors, and to streamline certain rule requirements. The Agency subsequently delayed the effective date of these amendments to January 14, 2010 to allow the Agency time to review? the amendments to ensure that they properly reflect consideration of all relevant facts. EPA also requested public comment on the delay of the effective date and its duration, and on the December 2008 amendments. EPA is reviewing the record for the amendments and the additional comments to determine if any changes are warranted. Statement of Need: The final rule is necessary to clarify the regulatory obligations of SPCC facility owners and operators and to reduce the regulatory burden where appropriate. Summary of Legal Basis: 33 USC 1321 et seq. Alternatives: EPA considered alternative options for various aspects of this final rule, following receipt of public comments. Anticipated Cost and Benefits: The principal effect of the final amendments would be lower compliance costs for owners and operators of certain types of facilities and equipment. Preliminary cost savings for this rulemaking effort is estimated to be between $92-100 million. Risks: In the absence of quantitative information on the change in risk related to the specific proposed amendments, EPA conducted a qualitative assessment, which suggests that the final amendments will not lead to a significant increase in oil discharge risk. Timetable: Action Notice Clarifying Certain Issues NPRM 1-Year Compliance Extension Final 18 Months Compliance Extension NODA : Certain Facilities NODA: Oil-Filled and Process Equipment NPRM Final Action Notice to Delay Effective Date Delay of Effective Date Final Action #2 Date 05/25/04 06/17/04 08/11/04 09/20/04 09/20/04 10/15/07 1 2/05/08 02/03/09 04/01/09 1 2/00/09 FR 69 69 69 69 69 72 73 74 74 FR FR FR FR FR FR FR FR FR Cite 29728 34014 48794 56184 56182 58377 74236 5900 14736 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal, Local, State, Tribal Additional Information: SAN No. 2634.2; EPA publication information: Notice Clarifying Certain Issues - http://frwebgate.access.gpo.gov/ cgi-bin/getdoc.cgi? dbname=2004 ------- 64338 Federal Register/Vol. 74, No. 233/Monday, December 7, 2009/The Regulatory Plan register &docid=fr25my04-49.pdf; Split from RIN 2050-AC62.; EPA Docket information: EPA-HQ-OPA-2007-0584 URL For More Information: www.epa.gov/oilspill/spcc.htm Agency Contact: Vanessa Principe Environmental Protection Agency Solid Waste and Emergency Response 5104 A Washington, DC 20460 Phone: 202 564-7913 Fax: 202 564-2625 Email: principe.vanessa@epa.gov RIN: 2050-AG16 EPA 154. EFFLUENT LIMITATIONS GUIDELINES AND STANDARDS FOR THE CONSTRUCTION AND DEVELOPMENT POINT SOURCE CATEGORY Priority: Economically Significant. Major under 5 USC 801. 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. Statement of Need: Despite substantial improvements in the nation's water quality since the inception of the Clean Water Act, 45 percent of assessed river and stream miles, 47 percent of assessed lake acres, and 32 percent of assessed square miles of estuaries show impairments from a wide range of sources. Improper control of stormwater discharges from construction activity is among the many contributors to remaining water quality problems throughout the United States. Sediment is one of the primary pollutants that cause water quality impairment for streams and rivers. Construction generates significantly higher loads of sediment per acre than other sources. The rulemaking would constitute the nationally applicable, technology-based ELGs and NSPS applicable to all dischargers required to obtain a National Pollutant Discharge Elimination System (NPDES) permit. Summary of Legal Basis: The Clean Water Act authorizes EPA to establish ELGs and NSPS to limit the pollutants discharged from point sources. In addition, EPA is bound by the district court decision, in NRDC v. EPA, 437 F.Supp.2d 1137, (C.D. Cal.2006), to propose ELGs and NSPS for the construction and development industry by December 1, 2008 and to promulgate ELGs and NSPS as soon as practicable, but in no event later than December 1, 2009. Alternatives: The Clean Water Act directs EPA to establish a technology basis for the ELGs and NSPS, which are based on the performance of specific technology levels, such as the best available technology economically achievable. EPA is considering a range of pollution control approaches and technologies, and is also considering waivers based on construction site size, rainfall, and soil erosivity to reduce the impact on small dischargers. Anticipated Cost and Benefits: The annualized social costs of the proposed rulemaking were estimated to range from $141 million to $3.8 billion, and the annualized monetized benefits were estimated to range from $11 million to $327 million. The costs include compliance costs, administrative costs, and partial equilibrium estimates of quantity effects and deadweight loss to society. The monetized benefit categories include avoided costs of dredging for navigation and water storage, avoided costs of drinking water treatment, and monetizable water quality benefits. These costs may change in the final rule. Risks: Sediment is currently one of the primary pollutants that cause water quality impairment for streams and rivers and present a risk to aquatic life. The ELGs and NSPS are expected to result in a reduction of the discharge of pollutants to surface waters, primarily as sediment and turbidity. Timetable: Action Date FR Cite NPRM NPRM Comment Period End Final Action 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-2008-0465 URL For More Information: http://www.epa.gov/waterscience/ guide/construction/ ------- Federal Register/Vol. 74, No. 233/Monday, December 7, 2009/The Regulatory Plan 64339 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 BILLING CODE 6560-50-S ------- ------- Fall 2009 Regulatory Agenda ENVIRONMENTAL PROTECTION AGENCY (EPA) ENVIRONMENTAL PROTECTION AGENCY 40CFRCh. I [FRL-8950-1] EPA-HQ-OA-2007-1172 EPA-HQ-OW-2009-0082 Fall 2009 Regulatory Agenda AGENCY: Environmental Protection Agency. ACTION: Semiannual regulatory agenda and semiannual regulatory flexibility 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 on rulemakings that, until May 2007, was published in the Federal Register, but which now is only available through an online database. The Regulatory Plan provides more detailed information than the regulatory agenda on the most important significant rulemakings that we will be developing over the coming years. "Monthly Action Initiation List" (AIL) refers to a list that EPA posts online each month of the regulations newly approved for development. "Unified 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 introduces both EPA's e-agenda and regulatory flexibility agenda. "Regulatory Flexibility Agenda" refers to a document that contains a limited amount of information (less than is in the e-agenda) about regulations that may have a significant impact on a substantial number of small entities. The Regulatory Flexibility Act of 1980 requires that we publish the Regulatory Flexibility Agenda in the Federal Register. 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: Caryn Muellerleile (muellerleile.caryn@epa.gov; 202-564- 2855) or Phil Schwartz (schwartz.philip@epa.gov; 202-564- 6564). 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 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 Values 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 Reginfo.gov, EPA.gov, and Regulations.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) The Regulatory Plan Monthly Action Initiation List www.reginfo.gov/, www.regulations.gov, and http://www.epa.gov/lawsregs/ search/regagenda.html www.reginfo.gov/, www.regulations.gov, and http://www.epa.gov/lawsregs/ search/regagenda.html 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 II of today's issue Not in FR ------- Fall 2009 Regulatory Agenda EPA Type of Information Semiannual Regulatory Flexibility Agenda Online Locations www.regulations.gov, and http://www.epa.gov/lawsregs/ search/regagenda.html Federal Register Location Part XII of today's issue B. What Are EPA's Regulatory Goals and Values, and What Key Principles, Statutes, and Executive Orders Guide Our Rule and Policymaking Process? For a detailed discussion of the goals and values we aspire to in rulemaking please see our Statement of Regulatory Priorities at http://www.reginfo.gov/public/jsp/ eAgenda/StaticContent/2 00910/ Statement 2000.html and published in part II of today's issue of the Federal Register. 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 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 section307(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 concluding review in 2009. E. How Is the E-Agenda Organized? You can now choose how both the wfwfwf.reginfo.gov and www.regulations.gov versions of the e- Agenda are organized. Current choices include: EPA subagency; stage of rulemaking, explained below; alphabetically by title; and by the Regulation Identifier Number (RIN), which is assigned sequentially when an action is added to the agenda. Stages of rulemaking include: 1. Prerulemaking—Prerulemaking actions are generally intended to determine whether EPA should initiate rulemaking. Prerulemakings 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 ------- Fall 2009 Regulatory Agenda EPA reviews of existing regulations required under section 610 of the Regulatory Flexibility Act, requests for public comment on the need for regulatory action, or important preregulatory policy proposals. 2. Proposed Rule—This section includes EPA rulemaking actions that are within a year of proposal (publication of Notices of Proposed Rulemakings (NPRMs)). 3. Final Rule—This section includes rules that will be issued as a final rule within a year. 4. Long-Term Actions-This section includes rulemakings for which the next scheduled regulatory action is after October 2010. 5. Completed Actions—This section contains actions that have been promulgated and published in the Federal Register since publication of the spring 2009 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 E-Agenda and Regulatory Flexibility Agenda? E-Agenda entries include: Title: Titles for new entries (those that have not appeared in previous agendas) are preceded by a bullet (•). The notation "Section 610 Review" follows the title if we are reviewing the rule as part of our periodic review of existing rules under section 610 of the Regulatory Flexibility Act (RFA) (5 U.S.C. 610). Priority: Entries are placed into one of five categories described below. OMB reviews all significant rules including both of the first two categories, "economically significant" and "other significant." Economically Significant: Under E.O. 12866, a rulemaking action that may have an annual effect on the economy of $100 million or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities. Other Significant: A rulemaking that is not economically significant but is considered significant for other reasons. This category includes rules that may: 1. Create a serious inconsistency or otherwise interfere with an action taken or planned by another agency; 2. Materially alter the budgetary impact of entitlements, grants, user fees, or loan programs, or the rights and obligations of recipients; or 3. Raise novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles in Executive Order 12866. Substantive, Nonsignificant: A rulemaking that has substantive impacts but is not Significant, Routine and Frequent, or Informational/Administrative/Other. Routine and Frequent: A rulemaking that is a specific case of a recurring application of a regulatory program in the Code of Federal Regulations (e.g., certain State Implementation Plans, National Priority List updates, Significant New Use Rules, State Hazardous Waste Management Program actions, and Tolerance Exemptions). If an action that would normally be classified Routine and Frequent is reviewed by the Office of Management and Budget under E.O. 12866, then we would classify the action as either "Economically Significant" or "Other Significant." Informational/Administrative/Other: An action that is primarily informational or pertains to an action outside the scope of E.O. 12866. Also, if we believe that a rule may be "Major" as defined in the Congressional Review Act (5 U.S.C. 801, et seq.) because it is likely to result in an annual effect on the economy of $100 million or more or meets other criteria specified in this law, we indicate this under the "Priority" heading with the statement " Major under 5 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. ------- Fall 2009 Regulatory Agenda EPA Agency Contact: The name, address, phone number, and e-mail address 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: \vwf\v.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 RDM stand for the EPA office with lead responsibility for developing the action. Regulatory Flexibility Agenda entries contain a Federal Register sequence number and a subset of the information in the e-Agenda: RIN, Title, Description, Statutory Authority, Section 610 Review, if applicable, Regulatory Flexibility Analysis Required, Schedule, Contact Person's name, mailing address and phone number. 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? l.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 on the rulemaking. 3. 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 completed one Section 610 review in 2009. EPA concluded that there is a continued need for this rule. 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 ------- Fall 2009 Regulatory Agenda EPA 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 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 underdevelopment 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, please use the advanced search function at GENERAL—Proposed Rule Stage http://www.reginfo.gov/public/do/ eAgendaAdvancedSearch. K. Thank You for Collaborating With Us Finally, we would like to thank those of you who choose to join with us in solving the complex issues involved in protecting human health and the environment. Collaborative efforts such as EPA's open rulemaking process are a valuable tool for addressing the problems we face and the regulatory agenda is an important part of that process. Dated: September 9, 2009. Louise Wise, Deputy Associate Administrator, Office of Policy, Economics and Innovation. Sequence Number 658 Title SAN No 5121 Age Discrimination Regulations — EPA-Assisted Programs — Age Discrimination Act of 1975 Regulation Identifier Number 2090-AA37 GENERAL—Final Rule Stage Sequence Number 659 660 661 SAN No. SAN No. cy SAN No Rule Title 5262 Waste Energy Recovery Registry 5291 Supplemental Standards of Ethical Conduct for Employees of the Environmental Protection Agen- 5325 Technical Corrections to Title 40 To Conform to the Civil Monetary Penalty Inflation Adjustment Regulation Identifier Number 2060-AP14 201 5-AA01 2020-AA49 GENERAL—Completed Actions Sequence Number 662 663 664 Title SAN No. 5371 Cross-Media Electronic Reporting Regulation (CROMERR) — Technical Amendment To Exempt All Grant and Financial Assistance Programs SAN No. 4319 Revisions to Acquisition Regulation Concerning Conflict of Interest SAN No 5308 Government Property and Contract Property Administration Requirements Regulation Identifier Number 2025-AA26 2030-AA67 2030-AA98 CLEAN AIR ACT (CAA)—Proposed Rule Stage Sequence Number 665 666 667 Title National Emission Standards for Hazardous Air Pollutants for Elemental Phosphorous Production Reconsideration of the 2008 Ozone National Ambient Air Quality Standards (Reg Plan Seq No. 73) Coroorate Parent and NAICS Code in the Greenhouse Gas Mandatory Reoortina Rule Reauirements Regulation Identifier Number 2060-AP97 2060-AP98 2060-AQ02 References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register. ------- EPA Fall 2009 Regulatory Agenda CLEAN AIR ACT (CAA)—Final Rule Stage Sequence Number Title Regulation Identifier Number 668 Regulation To Establish Mandatory Reporting of GHGs From Industrial Landfills, Wastewater, Underground Coal Mines, and Magnesium Production 2060-AQ03 CLEAN AIR ACT (CAA)—Long-Term Actions Sequence Number Title Regulation Identifier Number 669 SAN 5307; Regulation of Fuels and Fuel Additives: Federal Volatility Control Program in the Denver-Boulder- Greeley-Ft. Collins-Loveland, CO, 8-Hour Ozone Nonattainment Area 2060-AP40 CLEAN AIR ACT—Prerule Stage Sequence Number Title Regulation Identifier Number 670 SAN No. 5168 New Source Performance Standards (NSPS) Review Strategy 671 SAN No. 5196 Risk and Technology Review Phase II Group 3 672 SAN No. 5357 Emissions Factors Program Improvements 673 SAN No. 5373 Endangerment Finding for Lead Emissions From Piston-Engine Aircraft Using Leaded Aviation Gasoline 2060-A060 2060-AO97 2060-AP63 2060-AP79 CLEAN AIR ACT—Proposed Rule Stage Sequence Number Title Regulation Identifier Number 674 SAN No. 5269 Revision to Definition of Volatile Organic Compounds—Exclusion of Methyl Bromide and Methyl lo - dide 2060-AP22 675 SAN No. 4266 Review of the National Ambient Air Quality Standards for Carbon Monoxide 2060-AI43 676 SAN No. 5169 Review of the National Ambient Air Quality Standards for Particulate Matter (Reg Plan Seq No. 67) 2060-A047 677 SAN No. 5163 Review of the Primary National Ambient Air Quality Standard for Sulfur Dioxide (Reg Plan Seq No. 68) 2060-AO48 678 SAN No. 5170 Review of the Secondary National Ambient Air Quality Standards for Oxides of Nitrogen and Ox- ides of Sulfur (Reg Plan Seq No. 69) 2060-AO72 679 SAN No. 4752.5 Reconsideration of Implementation of the New Source Review Program for PM2.5 2060-AP72 680 SAN No. 4752.4 Implementation of the New Source Review Program for Particulate Matter Less Than 2.5 Mi- crometers—Proposed Rulemaking To Repeal Grandfathering Provision and End Early the PM10 Surrogate Pol - icy 2060-AP75 681 SAN No. 5036 Petroleum Refineries—New Source Performance Standards (NSPS) 2060-AN72 682 SAN No. 4782 Petition To Delist Hazardous Air Pollutant: 4,4'-Methylene Diphenyl Diisocyanate 2060-AK84 683 SAN No. 4309 National VOC Emission Standards for Consumer Products; Amendments 2060-AI62 684 SAN No. 4531 Evaluation of Updated Test Procedures for the Certification of Gasoline Deposit Control Additives 2060-AJ61 685 SAN No. 5115 Air Quality Index Reporting and Significant Harm Level for PM2.5 2060-AO11 686 SAN No. 5017 Protection of Stratospheric Ozone: Amending Requirements To Import Ozone-Depleting Sub- stances for Destruction in the U.S 2060-AN48 687 SAN No. 4856 Protection of Stratospheric Ozone: Amendments to the Section 608 Leak Repair Regulations 2060-AM09 688 SAN No. 5155 Measurement of PM2.5 and PM10 Emissions by Dilution Sampling 2060-AO50 689 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 690 SAN No. 4846 NESHAP and NSPS for Municipal Solid Waste Landfills—Amendments 2060-AM08 691 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 (Reg Plan Seq No. 66) 2060-AM44 692 SAN No. 4926 NESHAP: Defense Land Systems and Miscellaneous Equipment 2060-AM84 ------- EPA Fall 2009 Regulatory Agenda CLEAN AIR ACT—Proposed Rule Stage (Continued) Sequence Number Title Regulation Identifier Number 693 SAN No. 4699.2 Implementing Periodic Monitoring in Federal and State Operating Permit Programs 2060-ANOO 694 SAN No. 4970 Standards of Performance for New Stationary Sources, Emission Guidelines for Existing Sources, and Federal Plan: Small Municipal Waste Combustors: Remand Response and Amendments 2060-AN17 695 SAN No. 4866.1 NESHAP: Site Remediation Amendments—Response to Litigation 2060-AN36 696 SAN No. 5079 Improving Implementation of the Operating Permit Rules in Response to CAAA Committee Rec- ommendations 2060-AN93 697 SAN No. 5095 NESHAP: Mercury Cell Chlor-Alkali Plants—Amendments 2060-AN99 698 SAN No. 5106 National Emission Standards for Hazardous Air Pollutants: Shipbuilding and Ship Repair (Surface Coating) Operations—Amendment 2060-AO03 699 SAN No. 5105 Commercial and Industrial Solid Waste Incineration Units; Response to Remand of New Source Performance Standards and Emission Guidelines 2060-AO12 700 SAN No. 5131 Revision to Definition of Volatile Organic Compounds—Exclusion of Family of Four Hydrofluoropolyethers(HFPEs) and HFE-347pc-f 2060-AO17 701 SAN No. 5120 Response to Request for Reconsideration of Final Air Emission MACT Rules for Large Municipal Waste Combustors (MWCs) 2060-AO18 702 SAN No. 5116 Reconsideration of Stationary Combustion Turbine NSPS 2060-AO23 703 SAN No. 5153 Adoption of International NOx Standard for Aircraft Engines 2060-AO70 704 SAN No. 5216 Prevention of Air Pollution Emergency Episodes 2060-APOO 705 SAN No. 5232 NESHAP: Reinforced Plastic Composites Production Rule Amendments 2060-AP05 706 SAN No. 5233 New Source Performance Standards for Grain Elevators—Amendments 2060-AP06 707 SAN No. 5236 Reconsideration of Halogenated Solvent Cleaning Final Residual Risk Rule 2060-AP07 708 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 709 SAN No. 5260 NESHAP: Gasoline Distribution; Amendments—Area Source Standard 2060-AP16 710 SAN No. 5261 Regulation of Fuel and Fuel Additives: Gasoline and Diesel Fuel Test Methods 2060-AP17 711 SAN No. 5275 Implementation of the 2008 National Ambient Air Quality Standard for 8-Hour Ozone 2060-AP24 712 SAN No. 5194.2 Implementation of the 1997 8-Hour Ozone National Ambient Air Quality Standard: NSR Anti- Backsliding 2060-AP30 713 SAN No. 5289 Protocols for Monitoring and Measuring Mercury Emissions 2060-AP31 714 SAN No. 5035.2 NSPS Equipment Leaks (Subpart VV SOCMI and GGG Petroleum Refineries); Amendments 2060-AP34 715 SAN No. 5318 In-Use Emissions Testing for Non-road Diesel Engines 2060-AP41 716 SAN No. 5329 National Emissions Standard for Hazardous Air Pollutants for Gold Mine Ore Processing 2060-AP48 717 SAN No. 5336 Clean Air Transport Rule (Reg Plan Seq No. 70) 2060-AP50 718 SAN No. 5339 Protection of Stratospheric Ozone: Listing of Substitutes for Ozone-Depleting Substances-Hydro- carbon Refrigerants 2060-AP54 719 SAN No. 5348 Transportation Conformity Rule Restructuring Amendments 2060-AP57 720 SAN No. 5345 Protection of Stratospheric Ozone: Allocation of Essential Use Allowances for Calendar Year 2010 2060-AP59 721 SAN No. 5356 Protection of Stratospheric Ozone: The 2010 Critical Use Exemption From the Phaseout of Methyl Bromide 2060-AP62 722 SAN No. 5359 Regulations for Alternative Fuel Conversions 2060-AP64 723 SAN No. 5364 Alternative Work Practices for Leak Detection and Repair; Amendments 2060-AP66 724 SAN No. 5365 Compression Ignition Engine NSPS; Amendments 2060-AP67 725 SAN No. 5370 Revision to Pb Ambient Air Monitoring Requirements (Reg Plan Seq No. 71) 2060-AP77 726 SAN No. 4793.2 Reconsideration of the Prevention of Significant Deterioration and Nonattainment New Source Review NSR: Aggregation 2060-AP80 727 SAN No. 5093.8 NESHAP Standard Standards for Petroleum Refineries—Heat Exchangers 2060-AP84 728 SAN No. 5192 Prevention of Significant Deterioration/Title V Greenhouse Gas Tailoring Rule (Reg Plan Seq No. 72) 2060-AP86 729 SAN No. 5386 Carbon Dioxide Injection and Geologic Sequestration Reporting Rule 2060-AP88 730 SAN No. 5392 NSPS/Emission Guidelines (EG) for Sewage Sludge Incinerators 2060-AP90 731 SAN No. 5395 Requirements for Control Technology Determinations for Major Sources in Accordance With Clean Air Act Sections 2060-AP91 732 SAN No. 5394 Protection of Stratospheric Ozone: The 2011 Critical Use Exemption From the Phaseout of Methyl Bromide 2060-AP92 733 SAN No. 5396 Revision of New Source Performance Standards for New Residential Wood Heaters 2060-AP93 734 SAN No. 5391 National VOC Emission Standards for Architectural Coatings; Amendments 2060-AP94 735 SAN No. 5389 National Emission Standards for Hazardous Air Pollutant Emissions: Group I Polymers and Resins 2060-AP95 736 SAN No. 5397 Startup, Shutdown, and Malfunction Amendments to Certain MACT Standards 2060-AP96 737 Oil and Natural Gas Systems Greenhouse Gas Reporting Rule 2060-AP99 ------- Fall 2009 Regulatory Agenda EPA CLEAN AIR ACT—Proposed Rule Stage (Continued) Sequence Number Title Regulation Identifier Number 738 Greenhouse Gas Reporting Rule for Additional Sources of Fluorinated GHGs 2060-AQOO References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register. CLEAN AIR ACT—Final Rule Stage Sequence Number Title Regulation Identifier Number 739 740 741 742 743 744 745 746 747 748 749 750 751 752 753 754 755 756 757 758 759 760 761 762 763 764 765 766 767 768 769 770 771 772 773 SAN No. 4315 Source-Specific Federal Implementation Plan for Navajo Generating Station; Navajo Nation 2009-AAOO 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 SAN No. 5302 Air Quality Designations and Classifications for the 2008 Ozone National Ambient Air Quality Standards 2060-AP37 SAN No. 5111 Review of the Primary National Ambient Air Quality Standard for Nitrogen Dioxide (Reg Plan Seq No. 77) 2060-AO19 SAN No. 3975 Review of New Sources and Modifications in Indian Country 2060-AH37 SAN No. 4752.3 Reconsideration of 2008 Final Implementation Rule for PM2.5 NSR: Stay of Effective Date for Grandfathering Provisions 2060-AP65 SAN No. 3958 Amendments to Standards of Performance for New Stationary Sources; Monitoring Requirements 2060-AH23 SAN No. 5015 NESHAP: Area Source Standards—Chemical Preparations Industry 2060-AN46 SAN No. 5016 NESHAP: Area Source Standards—Paints and Allied Products Manufacturing 2060-AN47 SAN No. 4585.1 NESHAP: Portland Cement Notice of Reconsideration 2060-AO15 SAN No. 5114 Amendment of Definitions for National Emissions Standards for Hazardous Pollutants for Radio- nuclides 2060-AO31 SAN No. 5191 NESHAP: Area Source Standards—Asphalt Processing and Asphalt Roofing Manufacturing 2060-AO94 SAN No. 5201 NESHAP: Area Source Standards—Prepared (Animal) Feeds Manufacturing 2060-AO98 SAN No. 5071 Hospital/Medical/lnfectious Waste Incineration Units—Response to Remand 2060-AO04 SAN No. 4070 Revisions to the General Conformity Regulations 2060-AH93 SAN No. 4604 Modification of the Anti-Dumping Baseline Date Cut-Off Limit for Data Used in Development of an Individual Baseline 2060-AJ82 SAN No. 4757.1 Component Durability Procedures for New Light Duty Vehicles, Light Duty Trucks, and Heavy Duty Vehicles 2060-AN01 SAN No. 5129. Control of Emissions From New Marine Compression-Ignition Engines at or Above 30 Liters per Cylinder (Reg Plan Seq No. 78) 2060-AO38 SAN No. 4599 Protection of Stratospheric Ozone: Listing of Substitutes for Ozone-Depleting Substances: N- Propyl Bromide 2060-AK26 SAN No. 5052 Protection of Stratospheric Ozone: Ban on the Sale or Distribution of Pre-Charged Appliances 2060-AN58 SAN No. 5143 Review of New Source Performance Standards—Portland Cement 2060-AO42 SAN No. 4348 Inspection/Maintenance Program Requirements for Federal Facilities; Amendment 2060-AI97 SAN No. 4722 California Gasoline Technical Correction 2060-AK56 SAN No. 4706 Anti-Dumping Baseline Recalculation for Downstream Oxygenate Addition 2060-AK69 SAN No. 4874 NESHAP: Area Source Standards for Miscellaneous Chemical Manufacturing 2060-AM19 SAN No. 4885 Flexible Air Permit Rule 2060-AM45 SAN No. 5029 Control of Air Pollution From New Motor Vehicles and New Motor Vehicle Engines: SAFETEA-LU HOV Facilities Rule 2060-AN68 SAN No. 5068 Prevention of Significant Deterioration for PM2.5—Increments, Significant Impact Levels, and Sig • nificant Monitoring Concentrations 2060-AO24 SAN No. 5124 Fuel Economy Regulations for Automobiles: Technical Amendments and Corrections 2060-AO36 SAN No. 5146 Addition of Method 208, Protocol for the Source Testing, Analysis, and Reporting of VOC Emis- sions From Hot Mix Asphalt Plant Dryers 2060-AO51 SAN No. 5156 National Emission Standards for Hazardous Air Pollutants: Appendix A—Test Methods; Amend - mentsto Method 301 2060-AO53 SAN No. 5093.1 Petroleum Refinery Residual Risk Standards 2060-AO55 SAN No. 5144 Standards of Performance for Coal Preparation Plants Amendments 2060-AO57 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 SAN No. 5154 Regulation of Fuels and Fuel Additives: Alternative Affirmative Defense Requirements for Ultra- Low Sulfur Diesel and Gasoline Benzene Technical Amendment 2060-AO71 ------- 10 Fall 2009 Regulatory Agenda EPA CLEAN AIR ACT—Final Rule Stage (Continued) Sequence Number Title Regulation Identifier Number 774 775 776 777 778 779 780 781 782 783 784 785 786 787 788 SAN No. 5224 Protection of Stratospheric Ozone: Adjustments to the Allowance System for Controlling HCFC Production, Import, and Export SAN No. 5250. Renewable Fuels Standard Program (Reg Plan Seq No. 79) SAN No. 5093.2 Risk Technology Phase II Group 2A SAN No. 5194 Implementation of the 1997 8-Hour Ozone NAAQS: Classification of Subpart 1 Areas and Revision to AntiBacksliding Provisions; Deletion of Obsolete 1-Hour Ozone Standard Provisions SAN No. 5237 Revisions to Test Method for Determining Stack Gas Velocity Taking Into Account Velocity Decay Near the Stack Walls SAN No. 5259 Ambient Ozone Monitoring Regulations: Revisions to Network Design Requirements SAN No. 5273 Restructuring of the Stationary Source Audit Program SAN No. 5286 Transportation Conformity PM2.5 and PM10 Amendments SAN No. 5300 National Emission Standards for Hazardous Air Pollutants for Reciprocating Internal Combustion Engines SAN No. 5323 Stay of CAIR and CAIR FIP for Minnesota SAN No. 5335 Endangerment and Cause or Contrbute Findings for Greenhouse Gases Under Section 202(a) of the Clean Air Act (Reg Plan Seq No. 80) SAN No. 5344 EPA/NHTSA Joint Rulemaking to Establish Light-Duty Greenhouse Gas Emission Standards and Corporate Average Fuel Economy Standards (Reg Plan Seq No. 81) SAN No. 4940.1 Reconsideration of Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Reconsideration of Inclusion of Fugitive Emissions SAN No. 5372 Air Quality Designations for the 2008 Lead National Ambient Air Quality Standards SAN No. 5377 Prevention of Significant Deterioration (PSD): Reconsideration of Interpretation of Regulations That Determine Pollutants Covered by the Federal PSD Permit Program (Reg Plan Seq No. 82) 2060-AO76 2060-AO81 2060-A091 2060-AO96 2060-AP08 2060-AP15 2060-AP23 2060-AP29 2060-AP36 2060-AP46 2060-AP55 2060-AP58 2060-AP73 2060-AP78 2060-AP87 References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register. CLEAN AIR ACT—Long-Term Actions Sequence Number Title Regulation Identifier Number 789 790 791 792 793 794 795 796 797 798 799 800 801 802 803 804 805 SAN No. 3919 Prevention of Significant Deterioration of Air Quality: Permit Application Review Procedures for Non-Federal Class I Areas 2060-AH01 SAN No. 5306 Review of the National Ambient Air Quality Standards for Ozone 2060-AP38 SAN No. 5011 Federal Plan Requirements for Other Solid Waste Incineration Units Constructed On or Before De- cember 9, 2004 2060-AN43 SAN No. 4719 NESHAP: General Provisions; Amendments for Pollution Prevention Alternative Compliance Re- quirements 2060-AK54 SAN No. 4751 National Emission Standards for Hazardous Air Pollutants for Stationary Combustion Turbines— Petition To Delist 2060-AK73 SAN No. 4849 Petition To Delist a Hazardous Air Pollutant From Section 112 of the Clean Air Act: Methyl Isobutyl Ketone (MIBK) 2060-AM20 SAN No. 5281 NESHAP Subpart W: Standards for Radon Emissions From Operating Uranium Mill Tailings: Re- view 2060-AP26 SAN No. 4819 Protection of Stratospheric Ozone: Process for Exempting Emergency Uses of Methyl Bromide 2060-AL94 SAN No. 4916 Protection of Stratospheric Ozone: Certification of Recovery and Recovery/Recycling Equipment Intended for Use With Substitute Refrigerants 2060-AM49 SAN No. 4901 Protection of Stratospheric Ozone: Modifications to the Technician Certification Requirements Under Section 608 of the Clean Air Act 2060-AM55 SAN No. 5151 Protection of Stratospheric Ozone: Labeling of Products Using HCFCs 2060-AO68 SAN No. 4918 Protection of Stratospheric Ozone: Listing of Substitutes in the Motor Vehicle Air Conditioning Sec- tor Under the Significant New Alternatives Policy (SNAP) Program 2060-AM54 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 SAN No. 4607 Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act 2050-AE95 SAN No. 4988 NESHAP: Polyvinyl Chloride and Copolymers Production, Amendments 2060-AN33 SAN No. 3380 NSPS: SOCMI—Wastewater and Amendment to Appendix C of Part 63 and Appendix J of Part 60 2060-AE94 SAN No. 4584 Performance Specifications for Continuous Parameter Monitoring Systems 2060-AJ86 ------- Fall 2009 Regulatory Agenda 11 EPA CLEAN AIR ACT—Long-Term Actions (Continued) Sequence Number Title Regulation Identifier Number 806 SAN No. 4797 Lifting the Stay of the 8-Hour Portion of the Findings of Significant Contribution and Rulemaking for Purposes of Reducing Interstate Ozone Transport ("NOx SIP Call") 2060-AL84 807 SAN No. 4908 NESHAP: General Provisions (Once In Always In)—Amendments 2060-AM75 808 SAN No. 4929 NESHAP: Taconite Iron Ore Processing; Amendments 2060-AM87 809 SAN No. 5025 Revisions to the Definition of Potential To Emit (PTE) 2060-AN65 810 SAN No. 4891.1 NESHAP: Miscellaneous Organic Chemical Manufacturing—Amendments 2060-AO07 811 SAN No. 5185 Plywood and Composite Wood Products (PCWP) NESHAP—Amendments To Address "No Emis • sion Reduction" MACT Floors 2060-AO66 812 SAN No. 5206 Protection of the Stratospheric Ozone: Motor Vehicle Air Conditioning System Servicing 2060-AO75 813 SAN No. 5093.3 Risk Technology Phase II Group 2B 2060-AO92 814 SAN No. 5268 Response to Section 126 Petition From Warrick County, Indiana, and the Town of Newburgh, Indi- ana 2060-AP21 815 SAN No. 5280 NESHAP: Group I and IV Polymers and Resins: Amendments 2060-AP25 816 SAN No. 4889.1 National Emission Standards for Hazardous Air Pollutants for Area Sources: Electric Arc Furnace Steelmaking Facilities; Amendments 2060-AP44 817 SAN No. 5347 Response to Section 126 Petition From North Carolina 2060-AP51 818 SAN No. 5349 National Emission Standards for Hazardous Air Pollutants for Coal- and Oil-Fired Electric Utility Steam Generating Units 2060-AP52 819 SAN No. 5353 Response to Section 126 Petition From Delaware 2060-AP60 820 SAN No. 5194.3 Implementing the 1997 8-hour Ozone NAAQS: Section 185 Penalty Fee Provisions 2060-AP68 821 SAN No. 5367 NESHAP: Brick and Structural Clay and Clay Ceramics 2060-AP69 822 SAN No. 5093.4 NESHAP Standard Standards for Petroleum Refineries—Wastewater 2060-AP70 823 SAN No. 5076.1 Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Reasonable Possibility in Recordkeeping; Reconsideration 2060-AP71 824 SAN No. 5369 Review of New Source Performance Standards and Control Techniques Guidelines—Oil and Nat • ural Gas Activities 2060-AP76 825 SAN No. 5093.5 NESHAP Standard Standards for Petroleum Refineries—Equipment Leaks 2060-AP81 826 SAN No. 5093.6 NESHAP Standard Standards for Petroleum Refineries—Process Vents and Control Devices 2060-AP82 827 SAN No. 5093.7 NESHAP Standard Standards for Petroleum Refineries—Storage Vessels and Transfer Oper • ations 2060-AP83 828 SAN No. 5388 Federal Reference Method for Lead in Total Suspended Particulate Matter 2060-AP89 CLEAN AIR ACT—Completed Actions Sequence Number Title Regulation Identifier Number 829 SAN No. 5189 NESHAP: Area Source Standards—Aluminum, Copper, and Other Nonferrous Foundries 830 SAN No. 5189.1 NESHAP: Area Source Standards—Aluminum, Copper, and Other Nonferrous Foundries; Tech nical Amendment 831 SAN No. 2665 Importation of Nonconforming Vehicles; Amendments to Regulations 832 SAN No. 5235 Protection of Stratospheric Ozone: The 2009 Critical Use Exemption From the Phaseout of Methyl Bromide 833 SAN No. 4793 Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Debottlenecking, Aggregation, and Project Netting 834 SAN No. 5043 Defect Reporting for On-Highway Motor Vehicles and Engines 835 SAN No. 5145 New Source Performance Standards Review for Nonmetallic Mineral Processing Plants 836 SAN No. 5234 Protection of Stratospheric Ozone: Allocation of Essential Use Allowances for Calendar Year 2009 837 SAN No. 5242 Greenhouse Gas Mandatory Reporting Rule 838 SAN No. 5035.1 NSPS Equipment Leaks—Extension of Stay 839 SAN No. 5194.1 Implementation of the 1997 8-Hour Ozone NAAQS: Reasonable Further Progress Emissions Re- ductions Credits Outside Ozone Nonattainment Areas 840 SAN No. 5265 Greenhouse Gases Under the Clean Air Act 841 SAN No. 5282 Air Quality Designations for the 24-Hour Fine Particle (PM2.5) National Ambient Air Quality Stand- ards 842 SAN No. 5297 National Volatile Organic Compound Emission Standards for Aerosol Coatings; Amendments 843 SAN No. 5299 Rulemaking To Reaffirm the Promulgation of Revisions of the Acid Rain Program Rules 2060-A093 2060-AP85 2060-AI03 2060-A078 2060-AL75 2060-AN73 2060-A041 2060-A077 2060-A079 2060-A090 2060-AP10 2060-AP12 2060-AP27 2060-AP33 2060-AP35 ------- 12 Fall 2009 Regulatory Agenda EPA CLEAN AIR ACT—Completed Actions (Continued) Sequence Number Title Regulation Identifier Number 844 845 846 847 SAN No. 5327 Implementation of the Primary National Ambient Air Quality Standards (NAAQS) for Nitrogen Diox- ide SAN No. 4793.1 Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Ag- gregation SAN No. 5283 Revised Exceptional Event Data Flagging Submittal and Documentation Schedule for 2008 Ozone NAAQS Monitoring Data SAN No. 5249 Renewable Fuel Standard Technical Amendments 2060-AP47 2060-AP49 2060-AP56 2060-AP74 ATOMIC ENERGY ACT—Proposed Rule Stage Sequence Number Title Regulation Identifier Number 848 SAN No. 4003 Technical Change to Dose Methodology 2060-AH90 ATOMIC ENERGY ACT—Long-Term Actions Sequence Number Title Regulation Identifier Number 849 SAN No. 4054 Environmental Radiation Protection Standards for the Disposal of Low-Activity Mixed Radioactive Waste 2060-AH63 850 SAN No. 5319 Health and Environmental Protection Standards for Uranium and Thorium Mill Tailings and Ura- nium In Situ Leaching Processing Facilities 2060-AP43 NOISE CONTROL ACT—Final Rule Stage Seauence Regulation M 1 Title Identifier Number Number 851 SAN No. 5102 Revision of Hearing—Protector Regulations 2060-AO25 FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)—Prerule Stage Q=^,,=^^= Regulation N^mhTr Title Identifier Number Number 852 SAN No. 5385 Pesticides; Public Availability of Identities of Inert Ingredients in Pesticides 2070-AJ62 FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)—Proposed Rule Stage Seauence Regulation M 1 Title Identifier Number Number 853 SAN No. 5005 Pesticides; Data Requirements for Plant-Incorporated Protectants (PIPs) 2070-AJ27 854 SAN No. 5382 Pesticides; Satisfaction of Data Requirements; Minor Revisions to the Procedures To Ensure Pro- tection of Data Submitters' Rights 2070-AJ58 855 SAN No. 5031 Pesticides; Expansion of Crop Grouping Program 2070-AJ28 856 SAN No. 5393 Pesticides; Clarifying Changes to Labeling 2070-AJ61 857 SAN No. 4985 Pesticides; Determination of Status of Prions as Pests 2070-AJ26 858 SAN No. 4618 Revision of Procedural Rules for Hearings on Cancellations, Suspensions, Changes in Classifica- tions, and Denials of Pesticide Registrations 2015-AAOO ------- Fall 2009 Regulatory Agenda 13 EPA FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)—Final Rule Stage Sequence Number 859 860 861 Title SAN No. 4611 Plant Incorporated Protectants (PIPs); Exemption for Those Derived Through Genetic Engineering From Sexually Compatible Plants SAN No. 4612 Plant Incorporated Protectants (PIPs); Exemption for PIPs That Act by Primarily Affecting the Plant SAN No 3222 Groundwater and Pesticide Management Plan Rule Regulation Identifier Number 2070-AD55 2070-AD56 2070-AC46 FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)—Long-Term Actions Sequence Number Title Regulation Identifier Number 862 863 864 865 866 867 868 869 870 871 872 SAN No. 5050 Pesticide Agricultural Container Recycling Program SAN No. 4173 Pesticides; Data Requirements for Antimicrobials SAN No. 5331 Pesticides; Data Requirements for Product Performance SAN No. 4027 Pesticides; Tolerance Processing Fees SAN No. 5358 Pesticides; Regulation To Clarify Labeling of Pesticides for Export SAN No. 4602 Plant Incorporated Protectants (PIPs); Exemption for Those Based on Viral Coat Protein Genes .... SAN No. 5082 Regulations To Facilitate Compliance With the Federal Insecticide, Fungicide, and Rodenticide Act by Producers of Plant-Incorporated Protectants (PIPs) SAN No. 5007 Pesticides; Competency Standards for Occupational Users SAN No. 5006 Pesticides; Agricultural Worker Protection Standard Revisions SAN No. 5183 Pesticides; Reconsideration of Exemptions for Insect Repellents SAN No. 3892 Pesticides; Registration Requirements for Antimicrobial Pesticide Products 2070-AJ29 2070-AD30 2070-AJ49 2070-AJ23 2070-AJ53 2070-AD49 2070-AJ32 2070-AJ20 2070-AJ22 2070-AJ45 2070-AD14 FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)—Completed Actions Sequence Number 873 Title SAN No 4728 Endocrine Disrupter Screening Program (EDSP)' Policy and Procedures for Initial Screening Regulation Identifier Number 2070-AD61 TOXIC SUBSTANCES CONTROL ACT (TSCA)—Prerule Stage Sequence Number 874 875 SAN No. 5381 Seq No. 64) SAN No. 5256 Lead; Renovation, Repair Polvchlorinated Biohenvls Title and Painting Program for Public and Commercial Buildings (Reg Plan CPCBsl: Reassessment of Use Authorizations Regulation Identifier Number 2070-AJ56 2070-AJ38 References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register. TOXIC SUBSTANCES CONTROL ACT (TSCA)—Proposed Rule Stage Sequence Number 876 877 878 879 880 881 882 883 Title SAN No 4878 TSCA Inventory Nomenclature for Enzymes and Proteins SAN No 5279 TSCA Inventory Update Reporting Modifications SAN No. 5380 Lead; Clearance and Clearance Testing Requirements for the Renovation, Repair, and Painting Program (Reg Plan Seq No. 74) SAN No. 5342 Significant New Use Rule for Glymes SAN No. 3990 Test Rule; Testing of Certain High Production Volume (HPV) Chemicals SAN No 3493 3 Testing Agreement for Decabromodiphenyl Ether (DECA) SAN No 5313 Test Rule' Certain Nanoscale Materials SAN No. 5366 Nanoscale Materials Regulation Identifier Number 2070-AJ04 2070-AJ43 2070-AJ57 2070-AJ52 2070-AD16 2070-AJ08 2070-AJ47 2070-AJ54 ------- 14 Fall 2009 Regulatory Agenda EPA TOXIC SUBSTANCES CONTROL ACT (TSCA)—Proposed Rule Stage (Continued) Sequence Number 884 885 Title SAN No. 5305 TSCA Section 13 Amendment: Electronic Reporting mated Commercial Environment (ACE) SAN No. 5378 Amendments to the Procedural Rules for Enforceable of TSCA Chemical Import Data in the Auto- Consent Aareements CECAsI Regulation Identifier Number 2070-AJ50 2070-AJ59 References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register. TOXIC SUBSTANCES CONTROL ACT (TSCA)—Final Rule Stage Sequence Number 886 887 888 889 890 891 892 893 894 895 Title SAN No. 5379 Lead; Amendment to the Opt-out and Recordkeeping Provisions in the Renovation, Repair, and Painting Program (Reg Plan Seq No. 83) SAN No. 5340 Mercury; Regulation To Update Outdated ASTM References in EPA Regulations That Require the Use of Mercury Thermometers SAN No. 4635 Amendment to the Premanufacture Notification Exemptions; Revisions of Exemptions for Certain Polymers SAN No 4984 Clarification on TSCA Inventory Status of Activated Phosphors SAN No 5270 Electronic Premanufacture Notice (PMN) Reporting SAN No. 1976 Significant New Use Rules (SNURs); Follow-Up Rules on Non-5(e) New Chemical Substances 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. 5238 Significant New Use Rule for Elemental Mercury in Flow Meters, Manometers, and Pyrometers SAN No. 2563 Test Rule: Certain Chemicals on the ATSDR Prioritv List of Hazardous Substances Regulation Identifier Number 2070-AJ55 2070-AJ51 2070-AD58 2070-AJ21 2070-AJ41 2070-AA59 2070-AB27 2070-AJ31 2070-AJ36 2070-AB79 References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register. TOXIC SUBSTANCES CONTROL ACT (TSCA)—Long-Term Actions Sequence Number Title Regulation Identifier Number 896 897 898 899 900 901 902 903 904 905 906 907 908 909 910 911 912 913 914 915 SAN No. 3148 Asbestos Model Accreditation Plan Revisions SAN No. 3252 Lead Fishing Sinkers; Response to Citizens Petition and Proposed Ban SAN No. 4376 Lead-Based Paint Activities; Bridges and Structures; Training, Accreditation, and Certification Rule and Model State Plan Rule SAN No. 5312 Mercury; Regulation of Use in Certain Products SAN No. 5387 Mercury Export Ban Act; Procedures for Essential Use Exemptions SAN No. 2150.2 Polychlorinated Biphenyls (PCBs); Manufacturing (Import) Exemption For Disposal SAN No. 2150 Polychlorinated Biphenyls (PCBs); Placeholder for Petitions Seeking a Manufacturing (Import) Ex- emption for Use SAN No. 5287 Formaldehyde Emissions From Pressed Wood Products SAN No. 4975 Effects of Transfers of Ownership on Obligations Under Section 5 of TSCA SAN No. 1923 Follow-Up Rules on Existing Chemicals SAN No. 3528 Refractory Ceramic Fibers (RCFs) 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. 5187 Test Rule; Nonylphenol (NP) and Its Ethoxylates (NPE) SAN No. 2178 TSCA Section 8(a) Preliminary Assessment Information Rules SAN No. 1139 TSCA Section 8(d) Health and Safety Data Reporting Rules 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) 2070-AC51 2070-AC21 2070-AC64 2070-AJ46 2070-AJ60 2050-AG42 2070-AJ39 2070-AJ44 2070-AJ15 2070-AA58 2070-AC37 2070-AB94 2070-AC76 2070-AD44 2070-AJ07 2070-AJ34 2070-AB08 2070-AB11 2070-AD64 2070-AD53 ------- Fall 2009 Regulatory Agenda 15 EPA TOXIC SUBSTANCES CONTROL ACT (TSCA)—Completed Actions Sequence Number 916 Title SAN No. 5334 Lead; Minor Amendments to the Renovation, Repair, and Painting Program Regulation Identifier Number 2070-AJ48 EMERGENCY PLANNING AND COMMUNITY RIGHT—TO—KNOW ACT (EPCRA)—Proposed Rule Stage Sequence Number 917 918 919 920 921 922 Title SAN No. 4753 Emergency Planning and Community Right-To-Know Act: Modification to the Threshold Planning Quantity Methodology for the Extremely Hazardous Substances That Are Solids in Solution SAN No. 2425.3 TRI; Response to Petition To Delete Acetonitrile From the Toxics Release Inventory List of Toxic Chemicals SAN No. 5368 TRI: Notice of Intent To Consider Dissolution of Administrative Stay Regarding Hydrogen Sulfide Reporting Requirements; Opportunity for Public Comment SAN No 5384 Toxics Release Inventory Addition of National Toxicology Program Carcinogens SAN No. 4616 Clarify TRI Reporting Obligations Under EPCRA Section 313 for Metal Mining Activities SAN No 5296 Toxics Release Inventory (TRI) Articles Exemption Clarification Rule Regulation Identifier Number 2050-AF08 2025-AA19 2025-AA27 2025-AA28 2025-AA1 1 2025-AA24 EMERGENCY PLANNING AND COMMUNITY RIGHT—TO—KNOW ACT (EPCRA)—Long-Term Actions Sequence Number 923 924 925 Title SAN No. 3215.1 Emergency Planning and Community Right-To-Know Act: Amendments and Streamlining Rule ... SAN No. 2425.4 TRI; Response to Petition To Delete Chromium, Antimony, Titanate From the Metal Compound Categories Listed on the Toxics Release Inventory SAN No. 2425.1 TRI; Response to Petition To Add Diisononyl Phthalate to Toxic Chemicals the Toxics Release Inventory List of Regulation Identifier Number 2050-AG40 2025-AA16 2025-AA17 EMERGENCY PLANNING AND COMMUNITY RIGHT—TO—KNOW ACT (EPCRA)—Completed Actions Sequence Number Title Regulation Identifier Number 926 SAN No. 5343 Toxics Release Inventory Form A Eligibility Revisions Implementing the 2009 Omnibus Appropria- tions Act 2025-AA25 RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)—Proposed Rule Stage Sequence Number 927 928 929 930 931 932 Title SAN No. 4470. Standards for the Management of Coal Combustion Residuals Generated by Commercial Electric Power Producers (Reg Plan Seq No. 75) SAN No. 5309 Episodic Generation Rulemaking SAN No 5266 Identification of Non-Hazardous Materials That Are Solid Wastes SAN No. 5322 Hazardous Waste Management System; Identification and Listing of Hazardous Waste; Removing Saccharin and Its Salts From the Lists of Hazardous Constituents, Hazardous Wastes, and Hazardous Sub- stances SAN No 4977 1 Withdrawal of Expansion of RCRA Comparable Fuels Exclusion SAN No. 5310 Hazardous Waste Technical Corrections and Clarifications Rule Regulation Identifier Number 2050-AE81 2050-AG51 2050-AG44 2050-AG55 2050-AG57 2050-AG52 References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register. ------- 16 EPA RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)— Final Rule Stage Sequence Number 933 934 Title SAN No. 4091 Modifications to RCRA Rules Associated With Solvent-Contaminated Industrial Wipes SAN No. 4606 Requirements for Transboundary Shipments of Wastes, Export Shipments of Spent Lead-Acid Bat- teries, Submitting Exception Reports for Export Shipments of Hazardous Wastes and Imports of Hazardous Wastes Regulation Identifier Number 2050-AE51 2050-AE93 RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)— Long-Term Actions Sequence Number 935 936 937 938 939 940 941 942 943 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. 5274 Standards for the Safe and Environmentally Protective Placement of Coal Combustion Residuals as Minefill in Coal Mines Not Regulated Under the Surface Mining Control and Reclamation Act 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 4735 RCRA Smarter Waste Reporting SAN No. 4920.1 Identifying the Universe of Government Research in Laboratories and Determining Student In- volvement in Generating Laboratory Hazardous Waste SAN No. 2647 RCRA Subtitle C Financial Test Criteria Regulatory Determination Regulation Identifier Number 2050-AE23 2050-AE34 2050-AG45 2050-AG20 2050-AG39 2050-AG34 2050-AF01 2050-AG54 2050-AC71 COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT— Prerule Stage Sequence Number 944 Title SAN No. 5350 CERCLA 108(b) Financial Resoonsibilitv (Rea Plan Sea No. 65) Regulation Identifier Number 2050-AG56 References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register. COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT—Proposed Rule Stage Sequence Number 945 Title SAN No 3439 National Priorities List for Uncontrolled Hazardous Waste Sites Regulation Identifier Number 2050-AD75 COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT— Final Rule Stage Sequence Number 946 Title SAN No. 5376 Revise Cooperative Agreements and Superfund State Contracts for Superfund Response Actions Regulation Identifier Number 2050-AG58 COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT— Long-Term Actions Sequence Number 947 Title SAN No. 4737 Correction of Errors and Adiustment of CERCLA Reoortable Quantities Regulation Identifier Number 2050-AF03 ------- Fall 2009 Regulatory Agenda 17 EPA COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT—Long-Term Actions (Continued) Sequence Number 948 Title SAN No 4971 National Contingency Plan Revisions To Align With the National Response Plan Regulation Identifier Number 2050-AG22 COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT— Completed Actions 949 SAN No. 5328 Inclusion of CERCLA State Response Programs and Tribal Response Programs 2050-AG53 CLEAN WATER ACT— Proposed Rule Stage Sequence Number 950 951 952 953 954 955 956 957 958 959 960 961 962 Title SAN No. 4526 Revisions to the National Oil and Hazardous Substances Pollution Contingency Plan SAN No 4948 Effluent Limitations Guidelines and Standards for Airport Deicing Operations SAN No. 5363 Guidelines Establishing Test Procedures for the Analysis of Pollutants Under the Clean Water Act; Analysis and Sampling Procedures SAN No 5210 Criteria and Standards for Cooling Water Intake Structures (Reg Plan Seq No. 76) SAN No. 4357 Uniform National Discharge Standards for Vessels of the Armed Forces — Phase II SAN No 3786 NPDES Applications Revisions SAN No. 5320 2010 Effluent Guidelines Program Plan SAN No. 5362 Amendment to Effluent Guidelines for Primary Aluminum Smelting Subcategory of the Nonferrous Metals Manufacturing Point Source Category SAN No 5251 NPDES Program Management Information Rulemaking SAN No. 4746 Regulations for Gray and Black Water Discharges From Cruise Ships Operating in Certain Alaskan Waters SAN No. 531 1 Development of Best Management Practices for Recreational Boats Under the Clean Water Act .... SAN No 5330 Oil and Gas Construction Stormwater Rule SAN No. 5361 Water Qualitv Standards CNumeric Nutrient Criteria1) for Florida's Lakes and Flowina Waters Regulation Identifier Number 2050-AE87 2040-AE69 2040-AF09 2040-AE95 2040-AD39 2040-AC84 2040-AF06 2040-AF12 2020-AA47 2040-AD89 2040-AF03 2040-AF05 2040-AF11 References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register. CLEAN WATER ACT—Final Rule Stage Sequence Number 963 964 965 Title SAN No. 2634.2 Revisions to the Spill Prevention, Control, and Countermeasure (SPCC) Rule (Reg Plan Seq No. 84) SAN No. 5119 Effluent Limitations Guidelines and Standards for the Construction and Development Point Source Category (Reg Plan Seq No. 85) SAN No. 5098 Guidance for ImDlementina the Methvlmercurv Water Qualitv Criterion Regulation Identifier Number 2050-AG16 2040-AE91 2040-AE87 References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register. CLEAN WATER ACT—Long-Term Actions Sequence Number 966 967 Title 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. 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 .... Regulation Identifier Number 2040-AD09 2040-AD02 ------- 18 Fall 2009 Regulatory Agenda EPA CLEAN WATER ACT—Long-Term Actions (Continued) Sequence Number 968 969 970 971 Title 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. 2634.8 Oil Pollution Prevention: Spill Prevention, Control, and Countermeasure Rule Requirements — Amendments for Milk Containers 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 Regulation Identifier Number 2040-AD87 2050-AG50 2040-AE82 2040-AE77 CLEAN WATER ACT—Completed Actions Sequence Number 972 973 Title SAN No. 3663.1 Availability of and Procedures for Removal Credits SAN No 26347 Oil Pollution Prevention' Nontransportation-Related Onshore Facilities Compliance Dates Regulation Identifier Number 2040-AE88 2050-AG49 SAFE DRINKING WATER ACT (SDWA)—Prerule Stage Sequence Number 974 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)—Proposed Rule Stage Sequence Number 975 976 Title SAN No. 4775 National Primary Drinking Water Regulations: Revisions to the Total Coliform Rule SAN No. 5284 Revising Underground Storage Tank Regulations — Revisions to Existing Requirements and Addi tions To Incorporate the Provisions of the Energy Policy Act Regulation Identifier Number 2040-AD94 2050-AG46 SAFE DRINKING WATER ACT (SDWA)—Long-Term Actions Sequence Number 977 978 979 980 981 982 983 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 4821 1 Perchlorate Regulatory Determination SAN No. 4236 Underground Injection Control: Update of State Programs SAN No. 5360 Unregulated Contaminant Monitoring Regulation (UCMR 3) for Public Water Systems Revisions .... SAN No. 5211 Federal Requirements Under the Underground Injection Control (UIC) Program for Carbon Dioxide (CO2) Geologic Sequestration (GS) Wells Regulation Identifier Number 2040-AA94 2040-AC13 2040-AD54 2040-AF08 2040-AD40 2040-AF10 2040-AE98 SAFE DRINKING WATER ACT (SDWA)—Completed Actions Sequence Number 984 985 Title SAN No 4966 Drinking Water Regulations for Aircraft Public Water System SAN No. 4745 Drinkina Water Contaminant Candidate List Three Regulation Identifier Number 2040-AE84 2040-AD99 ------- Fall 2009 Regulatory Agenda 19 EPA SAFE DRINKING WATER ACT (SDWA)—Completed Actions (Continued) Sequence Number 986 987 Title 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 SAN No. 5332 Revisions to the Underground Injection Control (UIC) Requirements for Class V Wells (Comple- tion of a Section 610 Review) Regulation Identifier Number 2040-AFOO 2040-AF04 SHORE PROTECTION ACT (SPA)—Long-Term Actions Sequence Number 988 Title SAN No. 2820 Shore Protection Act Regulations Regulation Identifier Number 2040-AB85 Environmental Protection Agency (EPA) General Proposed Rule Stage 658. 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 NPRM Direct Final Rule 03/00/10 03/00/10 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 Final Rule Stage 659. 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 Action Date FR Cite NPRM 07/23/09 74 FR 36430 NPRM Comment Period End Final Action 09/21/09 03/00/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 5262; EPA publication information: NPRM— http://www.epa.gov/fedrgstr/EPA- AIR/2009/July/Day-23/al7550.pdf; EPA ------- 20 Fall 2009 Regulatory Agenda EPA—General Final Rule Stage Docket information: EPA-HQ-OAR- 2008-0201 Agency Contact: Katrina Pielli, Environmental Protection Agency, Air and Radiation, 6202J, Washington, DC 20460 Phone: 202 343-9610 Email: pielli.katrina@epamail.epa.gov RIN: 2060-AP14 660. SUPPLEMENTAL STANDARDS OF ETHICAL CONDUCT FOR EMPLOYEES OF THE ENVIRONMENTAL PROTECTION AGENCY Priority: Info./Admin./Other Legal Authority: 5 USC 7301 CFR Citation: 5 CFR 6401 (Revision) Legal Deadline: None Abstract: The Environmental Protection Agency will, with the concurrence of the Office of Government Ethics (OGE), revise the Supplemental Standards of Ethical Conduct for Employees of the Environmental Protection Agency (regulation) at 5 CFR part 6401. The regulation supplements the Standards of Ethical Conduct for Employees of the Executive Branch (Standards) issued by OGE. The revisions to the regulation are necessary to update, clarify, and address ethical issues unique to EPA employees. The regulation prohibits certain EPA employees from holding certain financial interests, including compensated outside employment with certain persons; and it requires EPA employees to obtain prior approval to engage in certain categories of outside employment. Timetable: Action Date FR Cite Final Action 12/00/09 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 5291 Agency Contact: Jennie Keith, Environmental Protection Agency, Office of General Counsel, 2310A, Washington, DC 20460 Phone: 202 564-3412 Email: keith.jennie@epamail.epa.gov Justina Fugh, Environmental Protection Agency, Office of General Counsel, 2310A, Washington, DC 20460 Phone: 202 564-1786 Email: fugh.justina@epa.gov RIN: 2015-AAOl 661. 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 part 19.4. Timetable: Action Date FR Cite Direct Final Rule 12/00/09 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 5325 Agency Contact: David Abdalla, Environmental Protection Agency, Office of Enforcement and Compliance Assurance, 2248A, 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, 2248A, Washington, DC 20460 Phone: 202 564-4021 Email: okeefe.susan@epamail.epa.gov RIN: 2020-AA49 Environmental Protection Agency (EPA) General Completed Actions 662. • CROSS-MEDIA ELECTRONIC REPORTING REGULATION (CROMERR)—TECHNICAL AMENDMENT TO EXEMPT ALL GRANT AND FINANCIAL ASSISTANCE PROGRAMS Priority: Info./Admin./Other Legal Authority: 7 USC 136 CFR Citation: 40 CFR 3 Legal Deadline: None Abstract: This technical amendment extends the current Cross-Media Electronic Reporting Regulation (CROMERR) applicability exemption for grant and financial assistance programs (grants) to include all grants under title 40, providing regulatory relief to State, tribe, and local government grant applicants and grantees and addressing a newly discovered inadvertent error in CROMERR: That CROMERR does apply to documents and data submitted electronically (including emails) to EPA by grant applicants or grantees pursuant to EPA's grant and financial assistance program (grants) regulations found under title 40. Currently, CROMERR does not apply to non-title 40 EPA grant and financial assistance program regulations (such as those under title 48) or to title 40 grant programs linked to EPA-authorized programs. In developing CROMERR, EPA did not intend for the final rule to apply to grant programs at all. However, due to misinformation at the time, the workgroup believed that all grant program regulations were contained in non-title 40 programs, primarily under title 48, and that by limiting the reach of CROMERR to 40 CFR, CROMERR would not cover grants. This misunderstanding is evidenced by the statement in the ------- Fall 2009 Regulatory Agenda 21 EPA—General Completed Actions CROMERR preamble that the "new part 3 does not address contracts, grants or financial management regulations contained in title 48 of the CFR." (70 FR 59853, Oct. 13, 2005.) The issue of CROMERR applicability to the grants program recently surfaced in the context of the new Stimulus Recovery Act Grant Program that the Agency is developing, under which EPA plans to accept electronic documents with e-signatures. The Agency's Office of Grants and Debarment asked if these grants are subject to CROMERR and Office of General Counsel (OGC) opined that grants awarded under title 40 that are not linked to an EPA-authorized program and fall under the section 3.1(c) exemption, are subject to CROMERR (the majority of the relevant regulations are found at 40 CFR parts 30 to 49). To address this issue, OGC recommends the Office of Environmental Information (OEI) promulgate a final rule revising CROMERR to exempt all grant and financial assistance documents and data under title 40 from the scope of the rule. OGC informed OEI that because the final rule would be a grants rule it would not be subject to APA notice and comment rulemaking requirements. Section 553 of the APA specifically exempts rulemakings involving grants from the Administrative Procedures Act (APA)'s rulemaking requirements. Section 553(a) states: "This section applies . . . except to the extent that there is involved ... (2) a matter relating to agency management or personnel or to public property, loans, grants, benefits, or contracts." Thus, EPA is not required to promulgate a proposed rule or take comment on the rule, and can proceed directly with a final rule that becomes effective upon publication, because the Agency has good cause to promulgate immediately since the action relieves an unintended regulatory burden on States, tribes, and local government grant applicants and grantees. If this action is not finalized, states, tribes, and local government grant and grantees will incur an additional regulatory burden and not be able to submit paperless electronic grant information/data, or, if they do, find themselves out of compliance with EPA's CROMERR regulation. Also, CROMERR would hinder electronic submission of applications under the new Recovery Act Grant program and provide significant unintended consequences for EPA's Agency-wide Integrated Grants Management System used to collect grant and grantee information/data. OEI has consulted with the Office of Grants and Debarment before proceeding, which concurs with OEI that this action is necessary and should be expedited. Timetable: withdrawing this rule to evaluate the impact that anticipated new Federal Acquisition Regulation (FAR) coverage will have on the proposed clauses. Timetable: Action Date FR Cite Withdrawn 11/04/09 Action Date FR Cite Regulatory Flexibility Analysis Required: No Small Entities Affected: No 11/17/09 74 FR 59104 Government Levels Affected: None Final Action Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: State, Tribal Additional Information: SAN No. 5371; EPA Docket information: EPA-HQ-OEI- 2003-0001 URL For More Information: http ://www. epa.gov/cromerr Agency Contact: Evi Buffer, Environmental Protection Agency, Office of Environmental Information, 2136T, Washington, DC 20460 Phone: 202 566-1697 Fax: 202 566-1639 Email: huffer.evi@epamail.epa.gov David Schwarz, Environmental Protection Agency, Office of Environmental Information, 2136T, Washington, DC 20460 Phone: 202 566-1704 Email: schwarz.david@epamail.epa.gov RIN: 2025-AA26 663. 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 was to revise the Agency's conflict of interest (COI) acquisition regulations for more stringent requirements on the submission of relevant information from Agency contractors and potential contractors regarding their relationships with parent companies, affiliates, subsidiaries, and sister companies and to codify several COI clauses that have been developed since the issuance of the previous rule in 1994. EPA is Additional Information: SAN No. 4319 Sectors Affected: 5413 Architectural, Engineering and Related Services; 54162 Environmental Consulting Services; 5416 Management, Scientific and Technical Consulting Services; 5417 Scientific Research and Development Services; 562 Waste Management and Remediation Services Agency Contact: Valen Wade, Environmental Protection Agency, Administration and Resources Management, 3802R, Washington, DC 20460 Phone: 202 564-2284 Fax: 202 565-2475 Email: wade.valen@epa.gov Daniel Humphries, Environmental Protection Agency, Administration and Resources Management, 3802R, Washington, DC 20460 Phone: 202 564-4377 Email: humphries.daniel@epamail.epa.gov RIN: 2030-AA67 664. GOVERNMENT PROPERTY AND CONTRACT PROPERTY ADMINISTRATION REQUIREMENTS Priority: Substantive, Nonsignificant Legal Authority: 41 USC 4l8b CFR Citation: 48 CFR 1545 and 1552 Legal Deadline: None Abstract: EPA plans to amend the EPA Acquisition Regulation (EPAAR) to update policy, procedures, and contract clauses. The recent proposal included consolidating the EPAAR physical property clauses (Decontamination, Fabrication, and Government Property), re-designating the prescription number in the data clause, and updating the roles and responsibilities of the contractor, DCMA and CPC. ------- 22 Fall 2009 Regulatory Agenda EPA—General Completed Actions Timetable: Action NPRM NPRM Comment Period End Final Action Date FR Cite 06/23/09 74 FR 29650 07/23/09 09/15/09 74 FR 47108 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 5308; EPA publication information: NPRM— http://edocket.access.gpo.gov/2009/pdf/ E9-14460.pdf; EPA Docket information: EPA—HQ—O ARM—2008—0817 Agency Contact: Iris Redmon, Environmental Protection Agency, Administration and Resources Management, 3802R, 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 Email: humphries.daniel@epamail.epa.gov RIN: 2030-AA98 Environmental Protection Agency (EPA) Clean Air Act P re rule Stage 670. 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 goal of EPA's New Source Performance Standards (NSPS) Management Strategy is to address our obligation under section lll(b)(l)(B) of the Clean Air Act to review and revise each NSPS at a minimum of every 8 years. The strategy envisions setting a priority for reviewing and potentially revising the NSPS based on maximizing the environmental results. The strategy also seeks to minimize the administrative burden of the NSPS program by initially addressing those NSPS that remain effective based on "readily available information" and do not need to be revised. Timetable: Action Date FR Cite ANPRM 12/00/09 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, RTF, NC 27711 Phone: 919 541-5060 Fax: 919 541-5600 Email: conner.lisa@epamail.epa.gov RIN: 2060-AO60 671. RISK AND TECHNOLOGY REVIEW PHASE II GROUP 3 Priority: Other Significant Legal Authority: CAA sec H2(f); CAA sec 112(d)(6) CFR Citation: Not Yet Determined Legal Deadline: None Abstract: 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 12/00/09 Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: None Additional Information: SAN No. 5196 Agency Contact: Paula Hirtz, Environmental Protection Agency, Air and Radiation, E143-01, RTF, NC 27711 Phone: 919 541-2618 Fax: 919 541-0246 Email: hirtz.paula@epa.gov Ken Hustvedt, Environmental Protection Agency, Air and Radiation, E143-01, RTF, NC 27711 Phone: 919 541-5395 Fax: 919 685-3200 Email: hustvedt.ken@epa.gov RIN: 2060-AO97 672. • EMISSIONS FACTORS PROGRAM IMPROVEMENTS Priority: Other Significant Unfunded Mandates: Undetermined Legal Authority: Not Yet Determined CFR Citation: 40 CFR 60, 61, and 63 Legal Deadline: None Abstract: EPA intends to implement a multi-part process to improve the air pollutant emissions factors program. Emissions factors, based on averaged data from industrial process performance tests, were established to fill emissions data gaps when developing emissions inventories. Most EPA emissions factors reside in a database called AP-42. We believe that implementing this multi-part effort will result in a self-sustaining emissions factors program receiving ongoing data submittals that will greatly improve emissions estimation for regulatory authorities and others to use in: (1) Developing emissions inventories, (2) updating emissions standards, (3) identifying and evaluating control strategies, (4) determining applicability ------- Fall 2009 Regulatory Agenda 23 EPA—Clean Air Act Prerule Stage of permit and regulatory requirements, (5) assessing risks, and (6) other air pollution control activities. The first part involves further development of the existing electronic reporting tool (ERT) to make it easier for State, local, and tribal air pollution control agencies, industry, and other stakeholders to access, assess the quality of, and submit emissions test data. The second part involves upgrading the AP-42 factors information compilation and retrieval system, making it an interactive, current, and easy to expand and enhance foundation for the Internet application renamed WebFIRE. Additionally, to make the emissions factors development process more transparent, EPA plans to rewrite the existing emissions factors development procedures document. Finally, in order to acquire adequate data for the development or improvement of the emissions factors, we are seeking comment on requiring the submission (via electronic reporting) of certain performance testing information already collected by industry. Performance tests are conducted to measure the air pollutant emissions from an industrial process and used as an indicator of compliance with regulations. This last element of the process of improving the emissions factors program will require formal rulemaking and will encompass performance testing required by Federal rules codified in 40 CFR parts 60, 61, and 63. Timetable: Action Date FR Cite ANPRM NPRM 12/00/09 08/00/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Undetermined Additional Information: SAN No. 5357 Agency Contact: Tom Driscoll, Environmental Protection Agency, Air and Radiation, D243-05, RTF, NC 27711 Phone: 919 541-5135 Fax: 919 541-4028 Email: driscoll.tom@epamail.epa.gov Bob Schell, Environmental Protection Agency, Air and Radiation, D243-05, RTF, NC 27711 Phone: 919 541-1116 Fax: 919 541-3207 Email: schell.bob@epamail.epa.gov RIN: 2060-AP63 673. • ENDANGERMENT FINDING FOR LEAD EMISSIONS FROM PISTON-ENGINE AIRCRAFT USING LEADED AVIATION GASOLINE Priority: Other Significant Unfunded Mandates: Undetermined Legal Authority: 42 USC 7571 CFR Citation: Not Yet Determined Legal Deadline: None Abstract: The purpose of this action is to further respond to a petition submitted by Friends of the Earth (FOE) in 2006. In the petition, FOE requests that EPA find that lead emissions from general aviation aircraft may reasonably be anticipated to endanger public health and welfare and that EPA propose emissions standards under the Clean Air Act for lead from general aviation aircraft. Alternatively, FOE requests that EPA commence a study and investigation of the health and environmental impacts of lead emissions from general aviation aircraft, if EPA believes that insufficient information exists to make such a finding. In 2007, EPA issued a Federal Register notice seeking comment on FOE's petition. The notice asked a series of questions seeking information on exposure to lead emissions from general aviation aircraft, lead emission rates from general aviation aircraft, unleaded aviation fuel options, and engine technology. EPA has long-standing concerns regarding exposure to lead, particularly during childhood. The most recent lead National Ambient Air Quality Standards review, finalized in 2008, found that serious health effects occur at much lower levels of lead in blood than previously identified and did not identify a safe level of lead exposure. Emissions of lead from piston-engine aircraft using leaded aviation gasoline (avgas) comprise over half of the national inventory of lead emitted to air. There are almost 20,000 airport facilities in the U.S. at which leaded avgas is used. This action will describe the lead inventory related to use of leaded avgas, air quality and exposure information, additional information the Agency is collecting related to the impact of lead emissions from piston- engine aircraft on air quality and will request comments on this information. Timetable: Action Date FR Cite ANPRM 03/00/10 Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: None Additional Information: SAN No. 5373 Agency Contact: Marion Hoyer, Environmental Protection Agency, Air and Radiation, AAHEBTC, Ann Arbor, MI 48105 Phone: 734 214-4513 Email: hoyer.marion@epamail.epa.gov Meredith Pedde, Environmental Protection Agency, Air and Radiation, AAHEBTC, Ann Arbor, MI 48105 Phone: 734 214-4748 Email: pedde.meredith@epamail.epa.gov RIN: 2060-AP79 Environmental Protection Agency (EPA) Clean Air Act (CAA) Proposed Rule Stage 665. • NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR ELEMENTAL PHOSPHOROUS PRODUCTION Priority: Substantive, Nonsignificant CFR Citation: 40 CFR 63 Legal Deadline: None Abstract: Elemental Phosphorus Production was not listed as one of the categories on the Source Category list Legal Authority: Clean Air Act sec 112 to be regulated under Clean Air Act section 112. However, we have received petitions from States to develop a Maximum Available Control Technology (MACT) standard for this category, and have heard interest in its development from environmental groups. Therefore, in this rulemaking, ------- 24 Fall 2009 Regulatory Agenda EPA—Clean Air Act (CAA) Proposed Rule Stage we plan to list and regulate this source category. One elemental phosphorous plant remains in the U.S. The production of elemental phosphorous involves mining of phosphate ore, sizing of the mined material, calcining the processed ore, and blending it with silica and coke before melting it in a furnace under reduced (no oxygen) conditions. During the furnace process, elemental phosphorous is evolved as a gas and captured, then condensed in a cooling process and transferred into tanks and cylinders under pressure. All of the elemental phosphorous in the US is produced at one plant and about 90 percent of it is used as a raw material for the production of Roundup (c), a Monsanto product. The remainder is used as a food grade additive and for military purposes. The production processes emit particulate matter (PM), radionuclides, mercury (Hg), hydrogen cyanide (HCN) and carbon dioxide (CO2). About a half ton of mercury is known to be emitted from the source annually. Mercury deposition in this area is a health problem in part due to the source's location in Idaho's recreation areas, near formerly pristine lakes and streams. Small residential areas and schools are within a few miles of the plant. Mercury is bioaccumulative (that is, it accumulates in the body's tissues), and crosses the blood/brain barrier and the placental barrier. Therefore, women and children are disproportionately affected by mercury emissions. Serious health effects are known to be caused by exposure to mercury. Additionally, mercury accumulates in the environment in fish, water, and soil. Because of this, it is also absorbed by wild game such as deer, fish, and fowl. Coincidentally, Idaho is a popular area for sportsmen, so although the native population of the area is relatively low, the potential for exposure to tourists (in the hot springs, camping, hiking, fishing and hunting) arenas may be significant. The single remaining elemental phosphorous plant is not in Indian Lands, however, the effects of current mercury deposition from this plant may be affecting tribes, especially the children and women of those tribes. Timetable: Action Date FR Cite NPRM Final Action 05/00/10 01/00/11 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Agency Contact: Susan Fairchild, Environmental Protection Agency, Air and Radiation, D 243-02, RTF, NC 27711 Phone: 919 541-5167 Fax: 919 541-3207 Email: fairchild.susan@epamail.epa.gov Steve Fruh, Environmental Protection Agency, Air and Radiation, D243-02, RTF, NC 27711 Phone: 919 541-2837 Fax: 919 541-3207 Email: fruh.steve@epa.gov RIN: 2060-AP97 666. • RECONSIDERATION OF THE 2008 OZONE NATIONAL AMBIENT AIR QUALITY STANDARDS Regulatory Plan: This entry is Seq. No. 73 in part II of this issue of the Federal Register. RIN: 2060-AP98 667. • CORPORATE PARENT AND NAICS CODE IN THE GREENHOUSE GAS MANDATORY REPORTING RULE REQUIREMENTS Priority: Other Significant Legal Authority: 42 USC 7401 et seq CFR Citation: 40 CFR 98 Legal Deadline: None Abstract: EPA recently finalized the Greenhouse Gas (GHG) Mandatory Reporting Rule (signed September 22, 2009). This rule requires facilities with direct GHG emissions over 25,000 metric tons of CO2e, suppliers of petroleum, natural gas, and industrial gases as well as vehicle and engine manufacturers outside the light duty sector to report to EPA annually. The data collection starts on January 1, 2010, and the first reports to EPA are due on March 31, 2011. As part of that first report, EPA is proposing that reporters also include the name of their Corporate Parent and NAICS code. In developing the final rule, EPA received comments that this type of information would be useful to the public and EPA, particularly in assisting corporations in assessing emissions at their different facilities and operations. Therefore, EPA is proposing to include these two data elements in the reports and seeking public comments on the most efficient way of defining and collecting these elements. Timetable: Action Date FR Cite NPRM Final Action 03/00/10 11/00/10 Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: None URL For More Information: www.epa.gov/climatechange/emissions/ ghgrulemaking.html Agency Contact: Lisa Grogan-McCulloch, Environmental Protection Agency, Air and Radiation, 6207J, 1200 Pennsylvania Ave NW, Washington , DC 20460 Phone: 202 343-9743 Fax: 202-343-2210 Email: grogan-mcculloch.lisa@epa.gov Shana Harbour, Environmental Protection Agency, 1807T, 1200 Pennsylvania Ave NW, Washington, DC 20460 Phone: 202 566-2959 Fax: 202-564-2994 Email: harbour.shana@epa.gov Related RIN: Related to 2060-AO79 RIN: 2060-AQ02 ------- Fall 2009 Regulatory Agenda 25 Environmental Protection Agency (EPA) Clean Air Act Proposed Rule Stage 674. 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 5l.lOO(s) Legal Deadline: None Abstract: The EPA lists for regulation certain volatile organic compounds (VOCs) as precursors to ozone formation under section 302(s) of the Clean Air Act (CAA) and 40 CFR 51.100(s). 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 VOCs. VOCs that are exempted from the CAA definition are no longer necessary to control in state implementation plans for attaining the national ambient air quality standard for ozone. This rule would address whether EPA should exempt methyl bromide and methyl iodide based on their reactivity. These compounds are used as pesticides. Timetable: Action Date FR Cite NPRM 01/00/10 Regulatory Flexibility Analysis Required: Undetermined Small Entities Affected: Businesses Government Levels Affected: None Additional Information: SAN No. 5269; We are receiving assistance from the Significant New Alternatives Policy (SNAP) Program and from Regional Office 4 and 9. Agency Contact: Dave Sanders, Environmental Protection Agency, Air and Radiation, C539-01, Research Triangle Park, NC 27711 Phone: 919 541-3356 Fax: 919 541-0824 Email: sanders.dave@epamail.epa.gov William L. Johnson, Environmental Protection Agency, Air and Radiation, C539-01, Research Triangle Park, NC 27711 Phone: 919 541-5245 Fax: 919 541-0824 Email: johnson.williaml@epamail.epa.gov RIN: 2060-AP22 675. REVIEW OF THE NATIONAL AMBIENT AIR QUALITY STANDARDS FOR CARBON MONOXIDE Priority: Economically Significant. Major under 5 USC 801. Legal Authority: 42 USC 7408 and 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: Under the Clean Air Act, 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. The last CO NAAQS review occurred in 1994 with a decision by the Administrator not to revise the existing standards. The current review which initiated in September 2007 includes the preparation of an Integrated Science Assessment, Risk/Exposure Assessment, and a Policy Assessment Document by EPA, with opportunities for review by EPA's Clean Air Scientific Advisory Committee and the public. These documents inform the Administrator's decision as to whether to retain or revise the 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: Federal, State, Tribal Additional Information: SAN No. 4266; EPA Docket information: EPA-HQ-OAR- 2008-0015 URL For More Information: www.epa.gov/ttn/naaqs/standards/co/ s co index.html Agency Contact: Ines Pagan, Environmental Protection Agency, Air and Radiation, C5 04-06, RTF, NC 27711 Phone: 919 541-5469 Email: pagan.ines@epa.gov Deirdre Murphy, Environmental Protection Agency, Air and Radiation, C504-06, RTF, NC 27711 Phone: 919 541-0729 Email: murphy.deirdre@epa.gov RIN: 2060-AI43 676. REVIEW OF THE NATIONAL AMBIENT AIR QUALITY STANDARDS FOR PARTICULATE MATTER Regulatory Plan: This entry is Seq. No. 67 in part II of this issue of the Federal Register. RIN: 2060-AO47 677. REVIEW OF THE PRIMARY NATIONAL AMBIENT AIR QUALITY STANDARD FOR SULFUR DIOXIDE Regulatory Plan: This entry is Seq. No. 68 in part II of this issue of the Federal Register. RIN: 2060-AO48 678. REVIEW OF THE SECONDARY NATIONAL AMBIENT AIR QUALITY STANDARDS FOR OXIDES OF NITROGEN AND OXIDES OF SULFUR Regulatory Plan: This entry is Seq. No. 69 in part II of this issue of the Federal Register. RIN: 2060-AO72 679. • RECONSIDERATION OF IMPLEMENTATION OF THE NEW SOURCE REVIEW PROGRAM FOR PM2.5 Priority: Other Significant Legal Authority: 42 USC 7410; 42 USC 7501 et seq CFR Citation: 40 CFR 51 Legal Deadline: None Abstract: This action begins the proceeding for reconsidering the challenged provisions. Accordingly, we anticipate that we will propose options for changing the existing provisions.On May 16, 2008, EPA amended its Prevention of Significant Deterioration (PSD) rules to include new requirements for Particulate Matter (PM)2.5. Among other things, the final rule (1) allowed States with State Implementation Plan-approved PSD programs up to 3 years to revise and submit the new PM2.5 requirements to EPA for approval; (2) allowed permit applicants to exclude, until January 1, 2010, any amounts of condensable ------- 26 Fall 2009 Regulatory Agenda EPA—Clean Air Act Proposed Rule Stage particulate matter from the calculation of the proposed source's potential to emit for applicability purposes; and (3) allowed sources in PM2.5 nonattainment areas to use emissions from precursors of PM2.5 as offsets for significant increases of PM2.5 emissions, using ratios developed by EPA or ratios developed and demonstrated by the State. EPA received and granted a petition for reconsideration of these new provisions from the National Resource Defense Council and Sierra Club. Timetable: Action Date FR Cite NPRM 04/00/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal, Local, State, Tribal Additional Information: SAN No. 4752.5; Split from RIN A2060. Split from RIN 2060-AN86. Split from RIN 2060-AK74; EPA Docket information: EPA-HQ-OAR-2003-0062 Agency Contact: Dan deRoeck, Environmental Protection Agency, Air and Radiation, C504-02, RTF, NC 27711 Phone: 919 541-5593 Fax: 919 541-5509 Email: deroeck.dan@epamail.epa.gov Raj Rao, Environmental Protection Agency, Air and Radiation, C504-02, RTF, NC 27711 Phone: 919 541-5344 Fax: 919 541-5509 Email: rao.raj@epamail.epa.gov RIN: 2060-AP72 680. • IMPLEMENTATION OF THE NEW SOURCE REVIEW PROGRAM FOR PARTICULATE MATTER LESS THAN 2.5 MICROMETERS- PROPOSED RULEMAKING TO REPEAL GRANDFATHERING PROVISION AND END EARLY THE PM10 SURROGATE POLICY Priority: Other Significant Legal Authority: 42 USC 7410; 42 USC 7501 et seq CFR Citation: 40 CFR 52.21 Legal Deadline: None Abstract: On May 16, 2008, EPA amended its Prevention of Significant Deterioration (PSD) rules to include new requirements for Particulate Matter (PM)2.5. Included in the rule was a grandfathering provision under the federal PSD program at 40 CFR 52.21, which allowed sources that submitted complete PSD permit applications before the effective date of the final rule, but had not yet received their permit by the effective date, to continue using the PM10 Surrogate Policy to satisfy the requirements for PM2.5. EPA received a petition for reconsideration and request for an administrative stay of this provision from the National Resource Defense Council and Sierra Club, claiming that the provision was not proposed for public comment and was no longer technically justified. EPA granted reconsideration, agreed to stay the grandfathering provision for three months—effective June 1, 2009, and committed to propose to repeal the provision. This action proposes to repeal the grandfathering provision and address the conditions under which the PM10 Surrogate Policy is applicable. Timetable: Action Date FR Cite NPRM Final Action 03/00/10 07/00/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal, Local, State, Tribal Additional Information: SAN No. 4752.4; Split from RIN A2060. Split from RIN 2060-AN86. Split from RIN 2060-AK74; EPA Docket information: EPA-HQ-OAR-2003-0062 Agency Contact: Dan deRoeck, Environmental Protection Agency, Air and Radiation, C504-02, RTF, NC 27711 Phone: 919 541-5593 Fax: 919 541-5509 Email: deroeck.dan@epamail.epa.gov Raj Rao, Environmental Protection Agency, Air and Radiation, C504-02, RTF, NC 27711 Phone: 919 541-5344 Fax: 919 541-5509 Email: rao.raj@epamail.epa.gov RIN: 2060-AP75 681. PETROLEUM REFINERIES—NEW SOURCE PERFORMANCE STANDARDS (NSPS) Priority: Other Significant. Major status under 5 USC 801 is undetermined. 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 07/13/07 06/24/08 73 FR 35838 11/00/10 NPRM NPRM Comment Period Extended NPRM Comment Period End Final Action Response to Reconsideration- Other Issues-NPRM Response to 05/00/11 Reconsideration- Other Issues-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 ------- Fall 2009 Regulatory Agenda 27 EPA—Clean Air Act Proposed Rule Stage Agency Contact: Bob Lucas, Environmental Protection Agency, Air and Radiation, E143-01, RTF, NC 27711 Phone: 919 541-0884 Fax: 919 541-0246 Email: lucas.bob@epa.gov Ken Hustvedt, Environmental Protection Agency, Air and Radiation, E143-01, RTF, NC 27711 Phone: 919 541-5395 Fax: 919 685-3200 Email: hustvedt.ken@epa.gov RIN: 2060-AN72 682. 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 March 2006. There appears to be no question about the toxicity of MDI; rather the industry argues that there are little or no exposures due to the extremely low vapor pressure of MDI. Timetable: Action Date FR Cite 05/26/05 70 FR 30407 Notice of Complete Petition Proposed Response 05/00/10 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: KG Hustvedt, Environmental Protection Agency, Air and Radiation, E143-01, RTF, NC 27711 Phone: 919 541-5395 Email: hustvedt.ken@epa.gov Scott Jenkins, Environmental Protection Agency, Air and Radiation, C445-01, RTF, NC 27711 Phone: 919 541-1167 Email: jenkins.scott@epa.gov RIN: 2060-AK84 683. NATIONAL VOC EMISSION STANDARDS FOR CONSUMER PRODUCTS; 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 part 59 VOC rule under Clean Air Act section 183(e). The amendments are being undertaken to address Clean Air Act Advisory Committee recommendation AQM2.3, which called for aligning the CP rule with the model rule adopted by the Ozone Transport Commission. Timetable: Action NPRM Final Action Date 1 2/00/09 05/00/10 FR Cite Regulatory Flexibility Analysis Required: No 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@epamail.epa.gov Robin Dunkins, Environmental Protection Agency, Air and Radiation, 1200 Pennsylvania Avenue NW, RTF, NC 27711 Phone: 919 541-5335 Fax: 919 541-3470 Email: dunkins.robin@epamail.epa.gov RIN: 2060-AI62 684. 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 10/00/10 11/00/11 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 4531 Agency Contact: Jeff Herzog, Environmental Protection Agency, Air and Radiation, ASD, Ann Arbor, MI 48105 Phone: 734 214-4227 Email: herzog.jeff@epamail.epa.gov RIN: 2060-AJ61 ------- 28 Fall 2009 Regulatory Agenda EPA—Clean Air Act Proposed Rule Stage 685. 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 app 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 12/00/09 01/00/10 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 686. 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 streamlining provisions for importing controlled substances specifically for purposes of destruction. The proposed provisions would no longer require used imports for destruction to abide by the petition process but instead require a more efficient pre-notification process to EPA in the form of a certification of intent to import for destruction for all imports for destruction—both used and virgin. The regulation would revise associated recordkeeping and reporting requirements for persons who import controlled substances for destruction— replacing an existing set of requirements with a new, more effective set of requirements. EPA is also proposing to revise the regulations governing the destruction of controlled substances under 40 CFR part 82, subpart A, by revising the definitions governing destruction of controlled substances and revising recordkeeping and reporting requirements for persons who destroy controlled substances. While overall burden for respondents will increase, this is due to the additional participants that EPA expects will take advantage of the new regulatory process by importing additional controlled substances for destruction. If there were no additional respondents projected to participate in the import process, overall burden to respondents would decrease. EPA believes that the streamlined regulatory provisions being proposed for importers would ease overall burden, encouraging more imports into the United States for responsible destruction and thus would 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 01/00/10 08/00/10 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: Staci Gatica, Environmental Protection Agency, Air and Radiation, 6205J, Washington, DC 20460 Phone: 202 343-9469 Fax: 202 343-2338 Email: gatica.staci@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 687. PROTECTION OF STRATOSPHERIC OZONE: AMENDMENTS TO THE SECTION 608 LEAK REPAIR REGULATIONS Priority: Other Significant Legal Authority: 42 USC 7401 to 767lq CFR Citation: 40 CFR 82, subpart F Legal Deadline: None Abstract: This rulemaking 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 Final Action 03/00/10 12/00/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses Government Levels Affected: Undetermined ------- Fall 2009 Regulatory Agenda 29 EPA—Clean Air Act Proposed Rule Stage Additional Information: SAN No. 4856; EPA Docket information: EPA-HQ-OAR- 2003-0167 URL For More Information: www.epa.gov\ozone\title6\608 Agency Contact: Julius Banks, Environmental Protection Agency, Air and Radiation, 6205J, Washington, DC 20460 Phone: 202 343-9870 Fax: 202 343-2338 Email: banks.julius@epamail.epa.gov Cindy Newberg, Environmental Protection Agency, Air and Radiation, 6205J, Washington, DC 20460 Phone: 202 343-9729 Email: newberg.cindy@epamail.epa.gov RIN: 2060-AM09 688. MEASUREMENT OF PM2.5 AND PM10 EMISSIONS BY DILUTION SAMPLING Priority: Substantive, Nonsignificant Legal Authority: 23 USC 101; 42 USC 7401 to 7671q CFR Citation: 40 CFR 51 app M Legal Deadline: None Abstract: This regulation describes the performance specifications and procedures for the measurement of particulate matter with an aerodynamic size cut of both 10 microns and 2.5 microns using a dilution air technique to cause the formation of condensable particulate matter. States which are in non-attainment to the national ambient air quality standards may need to test with this method to determine what contribution specific sources cause to the particulate matter burden. The use of dilution sampling was recommended by EPA's Science Advisory Board. They believe that the dilution process simulates the formation process that occurs for particles in the ambient air. A cyclonic separator is used to separate the particulate matter into size cuts at 10 and 2.5 microns. The sample gas is then diluted and the condensable particles are formed and removed by filtration. These procedures are somewhat more complicated and costly but provide lower potential for artifact formation. Testing will be performed by the large emissions sources such as electric utilities, municipal incinerators, cement manufacturing etc in areas which do not meet the ambient air standards of the national ambient air quality standards. We do not plan to publish a proposal until the completion of the Method 201A/202 Revisions Timetable: Action Date FR Cite NPRM 07/00/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal, Local, State Additional Information: SAN No. 5155 URL For More Information: n/a Agency Contact: Jason Dewees, Environmental Protection Agency, Air and Radiation, E143-02, RTF, NC 27711 Phone: 919 541-9724 TDD Phone: N/A 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 689. 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 03/00/10 03/00/11 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 4633 Sectors Affected: 324199 All Other Petroleum and Coal Products Manufacturing; 54199 All Other Professional, Scientific and Technical Services; 334516 Analytical Laboratory Instrument Manufacturing; 42271 Petroleum Bulk Stations and Terminals; 48691 Pipeline Transportation of Refined Petroleum Products Agency Contact: Joe Sopata, Environmental Protection Agency, Air and Radiation, 6406J, Washington, DC 20460 Phone: 202 343-9034 Fax: 202 343-2801 Email: sopata.joe@epamail.epa.gov RIN: 2060-AK03 690. NESHAP AND NSPS FOR MUNICIPAL SOLID WASTE LANDFILLS—AMENDMENTS Priority: Other Significant Legal Authority: 42 USC 7401 to 7601 CFR Citation: 40 CFR 63.1960; 40 CFR 63.1975; 40 CFR 63.1980 Legal Deadline: None Abstract: This amendment is being issued to clarify what constitutes treated landfill gas, clarify responsibilities for compliance activities when multiple parties are involved in the ownership and operation of a landfill and the gas collection, control or treatment system, ------- 30 Fall 2009 Regulatory Agenda EPA—Clean Air Act Proposed Rule Stage address fugitive emissions, and address emissions released prior to the current triggers for landfill gas collection. This action will also include a mandatory review of the New Source Performance Standards and the Maximum Achievable Control Technology. Timetable: Action Date FR Cite NPRM NPRM Comment Period End Supplemental NPRM 04/00/10 09/08/06 71 FR 53272 11/07/09 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Local, Tribal Additional Information: SAN No. 4846; EPA publication information: NPRM— http://www.epa.gov/fedrgstr/EPA- AIR/2006/September/Day- 08/a7493.htm; NPRM was published 09/08/2006 (71 FR 53272) as RIN 2060- AJ41; EPA Docket information: EPA- HQ-OAR-2003-0215 Agency Contact: Hillary Ward, Environmental Protection Agency, Air and Radiation, E143-01, Research Triangle Park, NC 27711 Phone: 919 541-3154 Email: ward.hillary@epamail.epa.gov Kent Hustvedt, Environmental Protection Agency, Air and Radiation, E143-01, RTF, 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 691. 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 Regulatory Plan: This entry is Seq. No. 66 in part II of this issue of the Federal Register. RIN: 2060-AM44 692. NESHAP: DEFENSE LAND SYSTEMS AND MISCELLANEOUS EQUIPMENT Priority: Other Significant Legal Authority: Clean Air Act 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 01/00/10 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, 1200 Pennsylvania Avenue NW, RTF, NC 27711 Phone: 919 541-5335 Fax: 919 541-3470 Email: dunkins.robin@epamail.epa.gov RIN: 2060-AM84 693. 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 existing Compliance Assurance Monitoring rule (40 CFR part 64) to be implemented through the operating permits rules (40 CFR parts 70 and 71). The revised CAM rule would define when periodic monitoring must be created for sources to use in determining compliance status relative to applicable requirements (e.g., emissions limits). The revisions would specify criteria and procedures that source owners must address in creating effective periodic monitoring. The revisions will build on the success of the 1997 rule by expanding applicability to include emissions units that do not use add-on control devices but minimize pollutant emissions using other types of control measures. This federal rule will provide for greater consistency in monitoring requirements than can be achieved through processes applied State-by-State and permit-by- permit. The result will also further satisfy the Clean Air Act requirement that EPA require enhanced monitoring sufficient to assure compliance for all major sources. Timetable: Action NPRM Final Action Date 12/00/09 01/00/11 FR Cite ------- Fall 2009 Regulatory Agenda 31 EPA—Clean Air Act Proposed Rule Stage 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, D243-05, RTF, NC 27711 Phone: 919 541-1058 Fax: 919 541-1039 Email: westlin.peter@epamail.epa.gov Bob Schell, Environmental Protection Agency, Air and Radiation, D243-05, RTF, NC 27711 Phone: 919 541-4116 Fax: 919 541-3207 Email: schell.bob@epamail.epa.gov RIN: 2060-ANOO 694. STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES, EMISSION GUIDELINES FOR EXISTING SOURCES, AND FEDERAL PLAN: SMALL MUNICIPAL WASTE COMBUSTORS: REMAND RESPONSE AND 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. This action will respond to the DC Circuit Court's remand of the small MWC standards, including assessment of the MACT floors and all related analyses. Timetable: Action Date FR Cite NPRM 11/00/10 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, D243-01, RTF, NC 27711 Phone: 919 541-7689 Fax: 919 541-5450 Email: shrager.brian@epa.gov Walt Stevenson, Environmental Protection Agency, Air and Radiation, D243-01, RTF, NC 27711 Phone: 919 541-5264 Fax: 919 541-5450 Email: stevenson.walt@epa.gov RIN: 2060-AN17 695. 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 was stayed while the parties discuss settlement. 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. 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, RTF, NC 27711 Phone: 919 541-5395 Email: hustvedt.ken@epa.gov RIN: 2060-AN36 696. IMPROVING IMPLEMENTATION OF THE OPERATING PERMIT RULES IN RESPONSE TO CAAA COMMITTEE RECOMMENDATIONS Priority: Other Significant Legal Authority: Clean Air Act CFR Citation: 40 CFR 70; 40 CFR 71 Legal Deadline: None Abstract: This action addresses 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 obtain a permit that describes allowable emissions and other conditions. The improvements to the program were recommended to EPA by a 18-member Task Force formed by the Clean Air Act Advisory Committee, with representatives from industry, environmental groups, and State and local agencies. The action would focus on recommendations in three areas: (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 10/00/10 06/00/11 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 ------- 32 Fall 2009 Regulatory Agenda EPA—Clean Air Act Proposed Rule Stage Juan Santiago, Environmental Protection Agency, Air and Radiation, C339-03, RTF, NC 27711 Phone: 919 541-1084 Fax: 919 541-5509 Email: santiago.juan@epamail.epa.gov RIN: 2060-AN93 697. 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, 2010, Joint stipulation filed with DC Circuit court. Abstract: This action is a supplemental proposal for amendment of the national emission standards for hazardous air pollutants (NESHAP) for mercury emissions from mercury cell chlor- alkali plants that was promulgated in 2003. The 2003 NESHAP limited mercury air emissions from existing plants and prohibited the use of mercury in new plants. Following promulgation of the 2003 NESHAP, EPA received a petition to reconsider several aspects of the rule from the Natural Resources Defense Council (NRDC). NRDC also filed a petition for judicial review of the rule in the U.S. Court of Appeals for the D.C. Circuit. By a letter dated April 8, 2004, EPA granted NRDC's petition for reconsideration, and on July 20, 2004, the Court placed the petition for judicial review in abeyance pending EPA's action on the reconsideration. In May 2008, EPA proposed amendments in response to NRDC's petition for reconsideration. The 2008 amendments proposed changes to the regulation for cell room fugitive mercury emissions to require work practice standards for the cell rooms as well as to require instrumental monitoring of cell room fugitive mercury emissions. The 2008 proposed rule also amended aspects of the 2003 NESHAP to correct errors and inconsistencies that had been brought to EPA's attention since the NESHAP was promulgated. This supplemental proposal will add an additional control option to prohibit mercury emissions from existing plants that, in effect, requires conversion to an alternate chlorine production technology. Timetable: Action Date FR Cite 06/11/08 73 FR 33258 08/11/08 NPRM NPRM Comment Period End Supplemental NPRM 05/00/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses 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; We are planning a supplemental proposal to add an additional control option; 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 27711 Phone: 919 541-2837 Fax: 919 541-3207 Email: fruh.steve@epa.gov RIN: 2060-AN99 698. NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS: SHIPBUILDING AND SHIP REPAIR (SURFACE COATING) OPERATIONS—AMENDMENT Priority: Other Significant Legal Authority: Clean Air Act sec 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. Timetable: Action Date FR Cite 12/29/06 71 FR 78392 12/29/06 71 FR 78369 01/29/07 02/27/07 72 FR 8630 NPRM Direct Final Rule NPRM Comment Period End Withdrawal of Direct Final Rule Reproposal 06/00/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 5106; EPA publication information: NPRM— http://www.epa.gov/fedrgstr/EPA- AIR/2006/December/Day- 29/a22428.htm; EPA Docket information: EPA-HQ-OAR-2004-0357 Agency Contact: Mohamed Serageldin, Environmental Protection Agency, Air and Radiation, E-143-03, RTF, NC 27711 Phone: 919 541-2379 Fax: 919 541-3470 Email: serageldin.mohamed@epa.gov Robin Dunkins, Environmental Protection Agency, Air and Radiation, 1200 Pennsylvania Avenue NW, RTF, NC 27711 Phone: 919 541-5335 Fax: 919 541-3470 Email: dunkins.robin@epamail.epa.gov RIN: 2060-AO03 699. 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, April 15, 2009. Final, Judicial, December 16, 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 ------- Fall 2009 Regulatory Agenda 33 EPA—Clean Air Act Proposed Rule Stage under section 129 of the Clean Air Act. Among other things, we will respond to the Court's 2003 remand of the CISWI rule and the Court's June 2007 vacatur of the CISWI Definitions Rule, and examine and revise, as appropriate, the methodology for developing the MACT floors and emission limits. Timetable: Action Date FR Cite NPRM Final Action 12/00/09 To Be Determined 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, D243-01, RTF, NC 27711 Phone: 919 541-7689 Fax: 919 541-5450 Email: shrager.brian@epa.gov Mary Johnson, Environmental Protection Agency, Air and Radiation, D243-01, RTF, NC 27711 Phone: 919 541-5025 Fax: 919 541-5450 Email: johnson.mary@epa.gov RIN: 2060-AO12 700. REVISION TO DEFINITION OF VOLATILE ORGANIC COMPOUNDS- EXCLUSION OF FAMILY OF FOUR HYDROFLUOROPOLYETHERS (HFPES) AND HFE-347PC-F Priority: Other Significant Legal Authority: Clean Air Act sec 301 CFR Citation: 40 CFR 5l.lOO(s) Legal Deadline: None Abstract: The EPA lists for regulation certain volatile organic compounds (VOCs) as precursors to ozone formation under section 302(s) of the Clean Air Act (CAA) and 40 CFR 51.100(s). 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 VOCs. VOCs that are exempted from the CAA definition are no longer necessary to control in state implementation plans for attaining the national ambient air quality standard for ozone. In 2005 and 2007 the EPA received petitions to exclude a family of four HFPE's and also HFE- 347pc-f from the list of regulated VOCs on the basis that, as precursors, these compounds make a negligible contribution to the formation of ground level ozone. These compounds have the potential for use as refrigerants because they are not stratospheric ozone depleters. Timetable: Action Date FR Cite NPRM Final Action 04/00/10 12/00/10 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, C539-01, Research Triangle Park, NC 27711 Phone: 919 541-3356 Fax: 919 541-0824 Email: sanders.dave@epamail.epa.gov William L. Johnson, Environmental Protection Agency, Air and Radiation, C539-01, Research Triangle Park, NC 27711 Phone: 919 541-5245 Fax: 919 541-0824 Email: johnson.williaml@epamail.epa.gov RIN: 2060-AO17 701. RESPONSE TO REQUEST FOR RECONSIDERATION OF FINAL AIR EMISSION MACT RULES FOR LARGE MUNICIPAL WASTE COMBUSTORS (MWCS) Priority: Other Significant Legal Authority: Clean Air Act sec 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 December 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 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 02/00/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 5120; EPA publication information: Notice of reconsideration of final rule— http://www.epa.gov/fedrgstr/EPA- AIR/ 2 00 7/March/Day- 2 0/a5 0 2 2. htm Agency Contact: Walt Stevenson, Environmental Protection Agency, Air and Radiation, D243-01, RTF, NC 27711 Phone: 919 541-5264 Fax: 919 541-5450 Email: stevenson.walt@epa.gov Brian Shrager, Environmental Protection Agency, Air and Radiation, D243-01, RTF, NC 27711 Phone: 919 541-7689 Fax: 919 541-5450 Email: shrager.brian@epa.gov RIN: 2060-AO18 702. 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 (74 FR 11858), EPA promulgated, by direct final rule, an amendment to 40 CFR part 60, subpart KKKK, addressing issues regarding the SO2 limit for turbines burning biogas (landfill gas, etc). EPA also plans to issue a proposal to reconsider several issues raised by the utility air regulatory group (UARG) on the original final rulemaking published on July 6, 2006 (71 FR ------- 34 Fall 2009 Regulatory Agenda EPA—Clean Air Act Proposed Rule Stage 38482). The primary issues include the NOx standard and the monitoring and reporting requirements for owners/operators that elect to install NOx GEMS. Timetable: Action Date FR Cite Direct Final Rule— Landfill Gas NPRM 03/20/09 74 FR 11858 01/00/10 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; EPA Docket information: EPA-HQ-OAR-2004-0490 Agency Contact: Christian Fellner, Environmental Protection Agency, Air and Radiation, 1200 Pennsylvania Avenue, RTF, NC 27711 Phone: 919 541-4003 Fax: 919 541-5450 Email: fellner.christian@epamail.epa.gov Melanie King, Environmental Protection Agency, Air and Radiation, D243-01, RTF, NC 27711 Phone: 919 541-2469 Email: king.melanie@epamail.epa.gov RIN: 2060-AO23 703. 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 02/00/10 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: 734 214-1832 Fax: 734 214-4816 Email: manning.bryan@epa.gov Glenn Passavant, Environmental Protection Agency, Air and Radiation, 2000 Traverwood Drive, Ann Arbor, MI 48105 Phone: 734 214-1408 Fax: 734 214-4816 Email: passavant.glenn@epamail.epa.gov RIN: 2060-AO70 704. PREVENTION OF AIR POLLUTION EMERGENCY EPISODES Priority: Other Significant Legal Authority: Not Yet Determined CFR Citation: 40 CFR 51 Legal Deadline: None Abstract: This action proposes to revise the rules in subpart H of 40 CFR part 51 that govern state implementation plan requirements to address air pollution emergency episodes for sulfur dioxide (SO2), particulate matter (PM), carbon monoxide (CO), nitrogen oxide (NO2), and ozone (O3). The revisions will simplify the emergency episode classification system for air quality control regions and include for the first time requirements to address PM2.5. Appendix L of 40 CFR part 51 (an example state emergency episode regulation) will be updated to reflect the rule revisions. Timetable: Action Date FR Cite Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal, Local, State, Tribal Additional Information: SAN No. 5216; EPA Docket information: EPA-HQ-OAR- 2007-1046 Agency Contact: Dave Sanders, Environmental Protection Agency, Air and Radiation, C539-01, Research Triangle Park, NC 27711 Phone: 919 541-3356 Fax: 919 541-0824 Email: sanders.dave@epamail.epa.gov RIN: 2060-APOO 705. 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), and this was followed by amendments in 2005. Following these amendments industry and States have asked for clarification and amendments of some rule requirements. This action will provide the needed clarifications and amendments. Timetable: Action Date FR Cite NPRM Final Action 04/00/10 12/00/10 NPRM 02/00/10 Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: None Additional Information: SAN No. 5232 Agency Contact: Steve Shedd, Environmental Protection Agency, Air and Radiation, E143-01, RTF, NC 27711 Phone: 919 541-5397 Fax: 919 685-3195 Email: shedd.steve@epamail.epa.gov Ken Hustvedt, Environmental Protection Agency, Air and Radiation, E143-01, RTF, NC 27711 Phone: 919 541-5395 Fax: 919 685-3200 Email: hustvedt.ken@epa.gov RIN: 2060-AP05 ------- Fall 2009 Regulatory Agenda 35 EPA—Clean Air Act Proposed Rule Stage 706. NEW SOURCE PERFORMANCE STANDARDS FOR GRAIN ELEVATORS—AMENDMENTS Priority: Substantive, Nonsignificant Legal Authority: Clean Air Act sec 111; 15 USC 2005; 42 USC 7411 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 12/00/09 12/00/10 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, 1200 Pennsylvania Avenue, 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, 1200 Pennsylvania Avenue NW, RTF, NC 27711 Phone: 919 541-5335 Fax: 919 541-3470 Email: dunkins.robin@epamail.epa.gov RIN: 2060-AP06 707. RECONSIDERATION OF HALOGENATED SOLVENT CLEANING FINAL RESIDUAL RISK RULE Priority: Other Significant Legal Authority: 42 USC 7412 CFR Citation: 40 CFR 63 Legal Deadline: None Abstract: EPA promulgated technology- based emission standards for this source category in 1992 under section 112(d) of the Clean Air Act. These standards are codified at 40 CFR part 63, subpart T. On May 3, 2007, EPA also promulgated amendments to the NESHAP standards as required by sections 112(f) and 112(d)(6) of the Clean Air Act. Petitions have been filed requesting EPA to reconsider its emission standards under the May 3, 2007, final rule. EPA issued a proposed reconsideration rule on October 20, 2008, and we are now reviewing the comments submitted on that proposal. Timetable: Action Date FR Cite 10/20/08 73 FR 62384 12/03/08 73 FR 73631 12/04/08 NPRM NPRM Comment Period Extended NPRM Comment Period End Supplemental NPRM 02/00/10 Final Action 09/00/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses Government Levels Affected: None Additional Information: SAN No. 5236; EPA publication information: NPRM extension of 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: Amy Hambrick, Environmental Protection Agency, Air and Radiation, E143-03, RTF, NC 27711 Phone: 919 541-0964 Fax: 919 541-3470 Email: hambrick.amy@epamail.epa.gov Robin Dunkins, Environmental Protection Agency, Air and Radiation, 1200 Pennsylvania Avenue NW, RTF, NC 27711 Phone: 919 541-5335 Fax: 919 541-3470 Email: dunkins.robin@epamail.epa.gov RIN: 2060-AP07 708. PROTECTION OF STRATOSPHERIC OZONE: NEW SUBSTITUTE 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, subpart G Legal Deadline: None Abstract: In this action, the Agency proposes to list the refrigerant HFO- 1234yf as an acceptable substitute in motor vehicle air conditioning (MVAC) systems, and outlines the conditions necessary for its safe use. This refrigerant has very low global warming potential. Current MVAC refrigerants are highly potent greenhouse gases. Timetable: Action Date FR Cite NPRM NPRM Comment Period End Final Action 10/19/09 74 FR 53445 12/18/09 07/00/10 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. 5257; EPA Docket information: EPA-HQ-OAR- 2008-0664 URL For More Information: http://www.epa.gov/ozone/snap/ refrigerants/lists/mvacs.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 RIN: 2060-APll 709. NESHAP: GASOLINE DISTRIBUTION; AMENDMENTS- AREA SOURCE STANDARD Priority: Substantive, Nonsignificant Legal Authority: 42 USC 7401 et seq CFR Citation: 40 CFR 63 ------- 36 Fall 2009 Regulatory Agenda EPA—Clean Air Act Proposed Rule Stage 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 12/00/09 Regulatory Flexibility Analysis Required: Undetermined 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, E143-01, RTF, NC 27711 Phone: 919 541-5397 Fax: 919 685-3195 Email: shedd.steve@epamail.epa.gov Ken Hustvedt, Environmental Protection Agency, Air and Radiation, E143-01, RTF, NC 27711 Phone: 919 541-5395 Fax: 919 685-3200 Email: hustvedt.ken@epa.gov RIN: 2060-AP16 710. REGULATION OF FUEL AND FUEL ADDITIVES: GASOLINE AND DIESEL FUEL TEST METHODS Priority: Substantive, Nonsignificant Legal Authority: Clean Air Act sec 211 CFR Citation: Not Yet Determined Legal Deadline: None Abstract: This rule would allow refiners and laboratories to use more current and improved fuel testing procedures for certain American Society for Testing and Materials (ASTM) analytical test methods. Once these test method changes are adopted, they will supersede the corresponding earlier versions of these test methods in EPA's motor vehicle fuel regulations. Finally, the rule would allow an alternative test method for olefins in gasoline. This rule would allow improvements in the test method procedure to ensure better operation and provide additional flexibility to the regulated community. The clean air benefits of EPA's gasoline and diesel motor vehicle fuel programs will continue to be realized. There will be no adverse health or environmental impact as a result of these test method changes or updates. Timetable: Action Date FR Cite 12/08/08 73 FR 74403 12/08/08 73 FR 74350 01/07/09 02/06/09 74 FR 6233 12/00/09 NPRM Direct Final Rule NPRM Comment Period End Partial Withdrawl of Direct Final Rule Supplemental NPRM 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: 202 343-2801 Email: sopata.joe@epamail.epa.gov RIN: 2060-API7 711. IMPLEMENTATION OF THE 2008 NATIONAL AMBIENT AIR QUALITY STANDARD FOR 8-HOUR OZONE 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 50 and 51 Legal Deadline: None Abstract: This action proposes to establish rules for implementation of the revised 0.075 ppm National Ambient Air Quality Standard for 8- hour ozone (73 FR 16436 (March 27, 2008). The rulemaking will cover the various elements of implementation plans that states must submit under the Clean Air Act to attain that standard. These elements include the attainment demonstration, reasonable further progress requirements, and reasonably available control measure requirements. The rule will address how to transition from the 1997 8-hour ozone standard, and will also establish the classifications scheme for nonattainment areas for the 2008 ozone standard. Timetable: Action Date FR Cite NPRM Final Action 04/00/10 12/00/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: State Additional Information: SAN No. 5275; EPA Docket information: EPA-HQ-OAR- 2008-0744 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 RIN: 2060-AP24 712. IMPLEMENTATION OF THE 1997 8-HOUR OZONE NATIONAL AMBIENT AIR QUALITY STANDARD: NSR ANTI-BACKSLIDING Priority: Other Significant Legal Authority: 42 USC 7410; 42 USC 7511 to 7511f; 42 USC 7601(a)(l) CFR Citation: 40 CFR 51 Legal Deadline: None Abstract: This action proposes to revise the rule for implementing the 1997 8- hour ozone national ambient air quality standard (NAAQS). The rule address how nonattainment major new source review (NSR) requirements 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 04/00/10 Final Action 03/00/11 Regulatory Flexibility Analysis Required: No Small Entities Affected: No ------- Fall 2009 Regulatory Agenda 37 EPA—Clean Air Act Proposed Rule Stage Government Levels Affected: Federal, Local, State Additional Information: SAN No. 5194.2; Split from RIN 2060-AO96; EPA Docket information: EPA-HQ-OAR- 2007-0956 URL For More Information: wfwfwf.epa.gov/nsr 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, C504-02, RTF, NC 27711 Phone: 919 541-5344 Fax: 919 541-5509 Email: rao.raj@epamail.epa.gov RIN: 2060-AP30 713. 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 09/00/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal, Local, State Additional Information: SAN No. 5289 Agency Contact: William Grimley, Environmental Protection Agency, Air and Radiation, E143-02, Research Triangle Park, NC 27711 Phone: 919 541-1065 Fax: 919 541-0516 Email: grimley.william@epamail.epa.gov Robin Segall, Environmental Protection Agency, Air and Radiation, E143-02, Research Triangle Park, NC 27711 Phone: 919 541-0893 Fax: 919 541-0516 Email: segall.robin@epamail.epa.gov RIN: 2060-APS 1 714. 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 and GGG, and promulgated new subparts VVa 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 action will address those reconsideration issues. Timetable: Action Date FR Cite NPRM Final Action 12/00/09 To Be Determined Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined 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: 919 541-4607 Fax: 919-541-0246 Email: howard.jodi@epamail.epa.gov Ken Hustvedt, Environmental Protection Agency, Air and Radiation, E143-01, RTF, NC 27711 Phone: 919 541-5395 Fax: 919 685-3200 Email: hustvedt.ken@epa.gov RIN: 2060-AP34 715. IN-USE EMISSIONS TESTING FOR NON-ROAD 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 non-road diesel engines used in non-road equipment. The new program will assess in-use gaseous and particulate exhaust emission rates from non-road 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. ------- 38 Fall 2009 Regulatory Agenda EPA—Clean Air Act Proposed Rule Stage 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. 5318 Agency Contact: Rich Wilcox, Environmental Protection Agency, Air and Radiation, AAAQMC, Ann Arbor, MI 48105 Phone: 734 214-4390 Email: wilcox.rich@epamail.epa.gov Philip Carlson, Environmental Protection Agency, Air and Radiation, AANC, Ann Arbor, MI 48105 Phone: 734 214-4270 Email: carlson.philip@epamail.epa.gov RIN: 2060-AP41 716. NATIONAL EMISSIONS STANDARD FOR HAZARDOUS AIR POLLUTANTS FOR GOLD MINE ORE PROCESSING Priority: Other Significant Unfunded Mandates: Undetermined Legal Authority: CAA sec H2(c)(6) CFR Citation: 40 CFR 63 Legal Deadline: NPRM, Judicial, April 15, 2010. Final, Judicial, December 16, 2010. 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 to help fulfill a mandate 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. This action will help protect human health and the environment by proposing controls for mercury emissions from this source category. Timetable: Action Date FR Cite NPRM Final Action 04/00/10 12/00/10 Regulatory Flexibility Analysis Required: Undetermined 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 27711 Phone: 919 541-2837 Fax: 919 541-3207 Email: fruh.steve@epa.gov RIN: 2060-AP48 717. CLEAN AIR TRANSPORT RULE Regulatory Plan: This entry is Seq. No. 70 in part II of this issue of the Federal Register. RIN: 2060-APS0 718. • PROTECTION OF STRATOSPHERIC OZONE: LISTING OF SUBSTITUTES FOR OZONE-DEPLETING SUBSTANCES-HYDROCARBON REFRIGERANTS Priority: Other Significant Unfunded Mandates: Undetermined Legal Authority: 42 USC 7414; 42 USC 7601; 42 USC 7671 to 7671q CFR Citation: 40 CFR 82 Legal Deadline: None Abstract: This action would propose to list a number of hydrocarbon refrigerants as substitutes to ozone depleting substances for certain household and commercial uses under EPA's Significant New Alternatives Policy (SNAP) Program. The SNAP Program evaluates alternatives to ozone-depleting substances to ensure that they do not increase overall risks to human health and the environment and lists these substitutes as acceptable, acceptable subject to use conditions, acceptable with narrowed use limits, or unacceptable. This action would propose to find a number of hydrocarbons acceptable subject to use conditions, including enforceable use conditions to ensure the safe use of hydrocarbons as refrigerants. This rule is anticipated to give industry more options with less overall environmental and health impact than current refrigerants. Timetable: Action Date FR Cite NPRM Final Action 03/00/10 09/00/10 Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: None Additional Information: SAN No. 5339; EPA Docket information: EPA-HQ-OAR- 009-0286 URL For More Information: wf\vwf.epa.gov/ozone/snap/index.html Agency Contact: Monica Shimamura, Environmental Protection Agency, Air and Radiation, 6205J, Washington, DC 20005 Phone: 202 343-9337 Fax: 202 343-2342 Email: shimamura.monica@epamail.epa.gov 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 RIN: 2060-AP54 719. • TRANSPORTATION CONFORMITY RULE RESTRUCTURING AMENDMENTS Priority: Substantive, Nonsignificant Legal Authority: Not Yet Determined CFR Citation: None Legal Deadline: Other, Statutory, June 11, 2010, New Ozone areas need rule by 6/2010 to make 1st conformity determination by CAA deadline, 1 yr from effective date of designations. Abstract: The transportation conformity rule ensures that transportation planning is consistent with a State's plan for achieving air quality standards. These amendments will update the rule to apply existing conformity requirements to future NAAQS such that the need for future rulemakings merely to address conformity for a new or revised NAAQS will be minimized. ------- Fall 2009 Regulatory Agenda 39 EPA—Clean Air Act Proposed Rule Stage Timetable: Action Date FR Cite NPRM Final Action 05/00/10 To Be Determined Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 5348 Agency Contact: Patty Klavon, Environmental Protection Agency, Air and Radiation, AASMCG, Ann Arbor, MI 48105 Phone: 734 214-4476 Email: klavon.patty@epamail.epa.gov Laura Berry, Environmental Protection Agency, Air and Radiation, AASMCG, Ann Arbor, MI 48105 Phone: 734 214-4858 Email: berry.laura@epamail.epa.gov RIN: 2060-AP57 720. • PROTECTION OF STRATOSPHERIC OZONE: ALLOCATION OF ESSENTIAL USE ALLOWANCES FOR CALENDAR YEAR 2010 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 allocate essential use allowances for the import and production of Class I ozone depleting substances for 2010. 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. The production of these chemicals was phased out internationally due to their harmful effects on the earth's ozone layer. EPA has promulgated rules to allocate new production under this exemption since the 1996 phase out. The essential users under this rulemaking are manufacturers of important medical devices such as asthma inhalers. Timetable: Action Date FR Cite Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest. Additional Information: SAN No. 5345; EPA Docket information: EPA-HQ-OAR- 2009-0566 URL For More Information: www.epa.gov/ozone/title6/exemptions/ essential.html Agency Contact: Jennifer Bohman, Environmental Protection Agency, Air and Radiation, 6205J, Washington, DC 20460 Phone: 202 343-9548 Fax: 202 343-2338 Email: bohman.jennifer@epamail.epa.gov RIN: 2060-APS9 721. • PROTECTION OF STRATOSPHERIC OZONE: THE 2010 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: This action would authorize uses that will qualify for the 2010 critical use exemption from the phaseout of methyl bromide, and would also authorize the amount of methyl bromide that may be produced, imported, or supplied from inventory for those uses in 2010. 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 20th Meeting of the Parties. The Parties have approved critical use methyl bromide every year since the phaseout in 2005. Since this rulemaking would confer a benefit by exempting the production and use of a phased-out chemical, there is no significant adverse impact on small entities. NPRM Final Action 12/00/09 03/00/10 Timetable: Action NPRM Final Action Date 1 2/00/09 1 2/00/09 FR Cite Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest. Additional Information: SAN No. 5356; EPA Docket information: EPA-HQ-OAR- 2009-0351 URL For More Information: www.epa.gov/ozone/mbr/index.html Agency Contact: Jeremy Arling, Environmental Protection Agency, Air and Radiation, 6205J, Washington, DC 20460 Phone: 202 343-9055 Fax: 202 343-2338 Email: arling.jeremy@epamail.epa.gov RIN: 2060-AP62 722. • REGULATIONS FOR ALTERNATIVE FUEL CONVERSIONS Priority: Substantive, Nonsignificant Unfunded Mandates: Undetermined Legal Authority: Not Yet Determined CFR Citation: Not Yet Determined Legal Deadline: None Abstract: New regulations affecting the conversion of automobiles from the original fuel on which they were designed to operate to an alternative fuel are necessary because at this time vehicle fuel converters are only able to convert a vehicle's fuel operation if the conversion has been EPA certified. The certification process is suitable for the conversions of newer vehicles. However, converters seeking to legally convert an older vehicle, for which there are now tax and other monetary incentives, need a process more suitable for older vehicles. This rule clarifies the certification procedure for new vehicle conversions as well as creates an option for used vehicles to ensure continued air quality. Timetable: Action Date FR Cite NPRM 12/00/09 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None ------- 40 Fall 2009 Regulatory Agenda EPA—Clean Air Act Proposed Rule Stage Additional Information: SAN No. 5359 Agency Contact: Amy Bunker, Environmental Protection Agency, Air and Radiation, AAIO, Ann Arbor, MI 48105 Phone: 734 214-4160 Email: bunker.amy@epamail.epa.gov Laura Baker, Environmental Protection Agency, Air and Radiation, AAPTIG, Ann Arbor, MI 48105 Phone: 734 214-4592 Email: baker.laura@epamail.epa.gov RIN: 2060-AP64 723. • ALTERNATIVE WORK PRACTICES FOR LEAK DETECTION AND REPAIR; AMENDMENTS Priority: Other Significant Legal Authority: 42 USC 7401 et seq CFR Citation: 40 CFR 60 and 61; 40 CFR 63; 40 CFR 65 Legal Deadline: None Abstract: On December 22, 2008, EPA published a voluntary alternative work practice for leak detection and repair using a newly developed technology, optical gas imaging. After promulgation of the rule, the Agency received a request for administrative reconsideration from American Petroleum Institute (API) on February 20, 2009. This package will address the reconsideration issues. Timetable: Action Date FR Cite NPRM 03/00/10 Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined Additional Information: SAN No. 5364; EPA Docket information: EPA-HQ-OAR- 2003-0197 Agency Contact: Jodi Howard, Environmental Protection Agency, Air and Radiation, E143-01, RTF, NC 27711 Phone: 919 541-4607 Fax: 919-541-0246 Email: howard.jodi@epamail.epa.gov Ken Hustvedt, Environmental Protection Agency, Air and Radiation, E143-01, RTF, NC 27711 Phone: 919 541-5395 Fax: 919 685-3200 Email: hustvedt.ken@epa.gov RIN: 2060-AP66 724. • COMPRESSION IGNITION ENGINE NSPS; AMENDMENTS Priority: Other Significant. Major status under 5 USC 801 is undetermined. Unfunded Mandates: Undetermined Legal Authority: 42 USC 7411 CFR Citation: 40 CFR 60 Legal Deadline: NPRM, Judicial, May 22, 2010, settlement agreement with API. Final, Judicial, May 22, 2011, settlement agreement with API. Abstract: This action will amend the New Source Performance Standards (NSPS) for stationary compression ignition internal combustion engines. These amendments are the result of a settlement agreement with the American Petroleum Institute. The revisions to the rule will include limiting the operation and maintenance (O&M) requirements to emission-related O&M and allowing certified engine owners/operators to operate/maintain their engines according to their own O&M practices if they conduct performance testing to demonstrate compliance. The amendments will also clarify the requirements for temporary replacement engines. In addition, this action will amend the NSPS to implement more stringent emission standards for engines with a displacement above 10 liters/cylinder, consistent with recent revisions to standards for similar mobile source engines. This action will propose revisions to the requirements for engines in rural portions of Alaska. The proposed amendments will also correct minor errors in the NSPS. Timetable: Action Date FR Cite NPRM Final Action 05/00/10 05/00/11 Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: None Federalism: Undetermined Additional Information: SAN No. 5365 Agency Contact: Melanie King, Environmental Protection Agency, Air and Radiation, D243-01, RTF, NC 27711 Phone: 919 541-2469 Email: king.melanie@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-AP67 725. • REVISION TO PB AMBIENT AIR MONITORING REQUIREMENTS Regulatory Plan: This entry is Seq. No. 71 in part II of this issue of the Federal Register. RIN: 2060-AP77 726. • RECONSIDERATION OF THE PREVENTION OF SIGNIFICANT DETERIORATION AND NONATTAINMENT NEW SOURCE REVIEW NSR: AGGREGATION Priority: Other Significant Legal Authority: 42 USC 7401 et seq CFR Citation: 40 CFR 51.165 and 51.166; 40 CFR 52.21 Legal Deadline: Final, Statutory, May 18, 2010, Current effective date of the final promulgated under RIN 2060-AP49 ends 5/18/2010. Abstract: This action follows RDM 2060- AP49, in which EPA developed and issued a final rule that addressed when a source must combine (i.e., "aggregate") nominally separate physical and operational changes for the purpose of determining whether they are a single change and subject to review under the New Source Review (NSR) program. Following promulgation of the NSR Aggregation final rule on 01/15/09, the Natural Resources Defense Council (NRDC) submitted a petition for reconsideration as provided for in Clean Air Act (CAA) section 307(d)(7)(B). In response to NRDC's petition, EPA has both announced the convening of a reconsideration proceeding and administratively stayed the effective date of the rule until May 18, 2010, to allow time to conduct the reconsideration. Under this RIN, we will take comment on a range of legal and policy issues related to the Aggregation rule and complete any revisions of the rule that become necessary as a result of the reconsideration process. Timetable: Action Date FR Cite NPRM Final Action 01/00/10 07/00/10 ------- Fall 2009 Regulatory Agenda 41 EPA—Clean Air Act Proposed Rule Stage Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal, Local, State Additional Information: SAN No. 4793.2; Split from RIN 2060-AP49. Split from RIN 2060-AL75; EPA Docket information: EPA-HQ-OAR-2003-0064 Agency Contact: Dave Svendsgaard, Environmental Protection Agency, Air and Radiation, C504-03, RTF, NC 27711 Phone: 919 541-2380 Fax: 919 685-3105 Email: svendsgaard.dave@epamail.epa.gov Raj Rao, Environmental Protection Agency, Air and Radiation, C504-02, RTF, NC 27711 Phone: 919 541-5344 Fax: 919 541-5509 Email: rao.raj@epamail.epa.gov RIN: 2060-AP80 727. • NESHAP STANDARD STANDARDS FOR PETROLEUM REFINERIES— HEAT EXCHANGERS Priority: Other Significant Legal Authority: CAA sec H2(f)(2); CAA 112(d)(6); CAA 112(d)(2) and CFR Citation: 40 CFR 63 (Revision) Legal Deadline: None Abstract: Under the Clean Air Act (CAA) section 112 (d)(6), EPA is required to review standards issued under section 112 and to revise them no less frequently than every 8 years. EPA also must evaluate the Maximum Achievable Control technology (MACT ) standards within 8 years and promulgate standards under section 112 (f)(2) if required to provide an ample margin of safety. EPA is also required to conduct review of our new source performance standards under Section 111 every 8 years. We are currently reviewing our existing standards and also the underlying rules that are often referenced by these standards. As a result of this review, we have noted the need to consolidate rule requirements, and to update control requirements based on the risk and technology reviews under both section 112 and 111. Additionally, we recognize that most chemical and refinery sector operations have similar emission sources that are often required to be controlled to the similar levels by the same type of control devices and work practice standards, although on a piecemeal fashion such that the requirements may differ slightly from source to source without any tangible environmental benefits. We are therefore developing a limited number of rules (standard standards) that are consistent and that can be applied to numerous sources in the chemicals and refining sector. This effort will consist of developing the storage vessels and transfer operations standard, including developing control options to address technology review under both section 112 and 111, addressing the control of VOC, HAP, and other pollutants, as appropriate, estimating the impacts of regulatory options, emission reductions, impacts on risk, costs, cost effectiveness, and economic impacts for the refining and chemicals sector. Timetable: Action Date FR Cite NPRM 12/00/09 Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: None Additional Information: SAN No. 5093.8; EPA publication information: Supplemental NPRM - http ://www. epa.gov/fedrgstr/EPA- AIR/2008/November/Day- 10/a26403.pdf; Split from RIN 2060- AP70. Split from RIN 2060-AO55. Split from RIN 2060-AN85. Agency Contact: Bob Lucas, Environmental Protection Agency, Air and Radiation, E143-01, RTF, NC 27711 Phone: 919 541-0884 Fax: 919 541-0246 Email: lucas.bob@epa.gov Ken Hustvedt, Environmental Protection Agency, Air and Radiation, E143-01, RTF, NC 27711 Phone: 919 541-5395 Fax: 919 685-3200 Email: hustvedt.ken@epa.gov RIN: 2060-AP84 728. • PREVENTION OF SIGNIFICANT DETERIORATION/TITLE V GREENHOUSE GAS TAILORING RULE Regulatory Plan: This entry is Seq. No. 72 in part II of this issue of the Federal Register. RIN: 2060-AP86 729. • CARBON DIOXIDE INJECTION AND GEOLOGIC SEQUESTRATION REPORTING RULE Priority: Other Significant Unfunded Mandates: Undetermined Legal Authority: 42 USC 7401 et seq CFR Citation: 40 CFR 98 Legal Deadline: None Abstract: EPA has finalized a rule that would require mandatory reporting of greenhouse gases (GHGs) from large emissions sources in the United States, as required by the FY 2008 Consolidated Appropriations Act. This is a reporting rule to collect accurate and comprehensive emissions data to inform future policy decisions. During notice-and-comment for the proposal, EPA received comments that the Agency should include downstream end-users of carbon dioxide (CO2)—in particular, CO2 used for enhanced oil recovery and/or CO2 geologically sequestered. EPA did not include those end-users in the final mandatory reporting rule. Instead, the Agency is initiating this separate rulemaking to specifically address geologic sequestration (GS). The rule would outline new requirements for GHG reporting for CO2 injection, including GS sites. In addition to tracking CO2 emissions across CO2 capture and injection, this rule would allow EPA to collect data on efficacy of GS sites for long-term storage of CO2. Timetable: Action Date FR Cite NPRM Final Action 02/00/10 09/00/10 Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: None Additional Information: SAN No. 5386 URL For More Information: www.epa.gov/climatechange/emissions/ co2 geosequest.html Agency Contact: Lisa Bacanskas, Environmental Protection Agency, Air ------- 42 Fall 2009 Regulatory Agenda EPA—Clean Air Act Proposed Rule Stage and Radiation, 6207], Washington, DC 20460 Phone: 202 343-9758 Email: bacanskas.lisa@epamail.epa.gov Barbora Master, Environmental Protection Agency, Air and Radiation, 6207J, Washington, DC 20460 Phone: 202 343-9899 Fax: 202 343-2202 Email: master.barbora@epamail.epa.gov RIN: 2060-AP88 730. • NSPS/EMISSION GUIDELINES (EG) FOR SEWAGE SLUDGE INCINERATORS Priority: Other Significant Unfunded Mandates: Undetermined Legal Authority: Not Yet Determined CFR Citation: Not Yet Determined Legal Deadline: None 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 Sewage Sludge Incineration units (SSI). Regulations for Other Solid Waste Incinerators (OSWI) were promulgated on December 15, 2005. However, at that time, EPA did not issue standards or guidelines for SSI units and several other incinerator categories. In 2007, the D.C. Circuit Court of Appeals issued a decision vacating EPA's definition of "solid waste incineration unit," holding that "any facility that combusts any commercial or industrial solid waste material at all" is a commercial or industrial solid waste incineration unit. Based on this decision, in this rulemaking, EPA is re- evaluating whether SSI units are in fact solid waste incineration units and whether, as such, they must be regulated under section 129. Timetable: Action Date FR Cite NPRM Final Action 12/00/09 To Be Determined Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 5392 Agency Contact: Amy Hambrick, Environmental Protection Agency, Air and Radiation, E143-03, RTF, NC 27711 Phone: 919 541-0964 Fax: 919 541-3470 Email: hambrick.amy@epamail.epa.gov Ketan Patel, Environmental Protection Agency, Air and Radiation, E143-03, RTF, NC 27711 Phone: 919 541-9736 Fax: 919 541-3470 Email: patel.ketan@epamail.epa.gov RIN: 2060-AP90 731. • REQUIREMENTS FOR CONTROL TECHNOLOGY DETERMINATIONS FOR MAJOR SOURCES IN ACCORDANCE WITH CLEAN AIR ACT SECTIONS Priority: Other Significant Unfunded Mandates: Undetermined Legal Authority: Not Yet Determined CFR Citation: Not Yet Determined Legal Deadline: None Abstract: As required by Clean Air Act section 112(g), in cases where EPA fails to promulgate a Maximum Achievable Control Technology (MACT) standard for a major source category, the owner or operator of a source in that category must obtain an operating permit with case-by-case emission limitations determined to be equivalent to MACT. EPA's program for implementing this requirement is codified at 40 CFR part 63, subpart B. In this action, we are revising subpart B to address the process for obtaining case-by-case MACT determinations in the case of standards vacatur. We are also reformatting the rule to streamline it and make it easier to understand. There has been significant confusion from permitting authorities on how this program works in the case of vacaturs. Timetable: Action Date FR Cite NPRM Final Action 12/00/09 To Be Determined Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: State Additional Information: SAN No. 5395 Agency Contact: Rick Colyer, Environmental Protection Agency, Air and Radiation, D205-02, RTF, NC 27711 Phone: 919 541-5262 Email: colyer.rick@epa.gov Lisa Conner, Environmental Protection Agency, Air and Radiation, D205-02, RTF, NC 27711 Phone: 919 541-5060 Fax: 919 541-5600 Email: conner.lisa@epamail.epa.gov RIN: 2060-AP91 732. • PROTECTION OF STRATOSPHERIC OZONE: THE 2011 CRITICAL USE EXEMPTION FROM THE PHASEOUT OF METHYL BROMIDE Priority: Substantive, Nonsignificant Legal Authority: 42 USC 767lc(d)(6) CFR Citation: 40 CFR 82 Legal Deadline: Other, Statutory, December 31, 2010, Without this action, new production/import of methyl bromide would not be allowed in 2011. Abstract: This action would authorize uses that will qualify for the 2011 critical use exemption from the phaseout of methyl bromide, and would also authorize the amount of methyl bromide that may be produced, imported, or supplied from inventory for those uses in 2011. 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 21st Meeting of the Parties. The Parties have approved critical use methyl bromide every year since the phaseout in 2005. Since this rulemaking would confer a benefit by exempting the production and use of a phased-out chemical, there is no significant adverse impact on small entities. Timetable: Action NPRM Final Action Date 09/00/1 0 12/00/10 FR Cite Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest. Additional Information: SAN No. 5394 URL For More Information: www.epa.gov/ozone/mbr ------- Fall 2009 Regulatory Agenda 43 EPA—Clean Air Act Proposed Rule Stage Agency Contact: Jeremy Arling, Environmental Protection Agency, Air and Radiation, 6205J, Washington, DC 20460 Phone: 202 343-9055 Fax: 202 343-2338 Email: arling.jeremy@epamail.epa.gov RIN: 2060-AP92 733. • REVISION OF NEW SOURCE PERFORMANCE STANDARDS FOR NEW RESIDENTIAL WOOD HEATERS Priority: Other Significant Unfunded Mandates: Undetermined Legal Authority: CAA sec ill CFR Citation: Not Yet Determined Legal Deadline: None Abstract: EPA is revising the New Source Performance Standard (NSPS) for residential wood heaters (60 CFR subpart AAA) under Clean Air Act section lll(b)(l)(B). This action will update the 1988 NSPS to reflect significant advancements in wood heater technologies and design, broaden the range of residential wood heating appliances covered by the regulation, and improve and streamline implementation procedures. Timetable: Action Date FR Cite NPRM 10/00/10 Regulatory Flexibility Analysis Required: Undetermined Small Entities Affected: Businesses Government Levels Affected: None Additional Information: SAN No. 5396 Agency Contact: Gil Wood, Environmental Protection Agency, Air and Radiation, C404-05, RTF, NC 27711 Phone: 919 541-5272 Fax: 919 541-0242 Email: wood.gil@epamail.epa.gov David Cole, Environmental Protection Agency, Air and Radiation, C404-05, RTF, NC 27711 Phone: 919 541-5565 Fax: 919 541-0242 Email: cole.david@epamail.epa.gov RIN: 2060-AP93 734. • NATIONAL VOC EMISSION STANDARDS FOR ARCHITECTURAL COATINGS; AMENDMENTS Priority: Substantive, Nonsignificant Legal Authority: 42 USC 75lib CFR Citation: 40 CFR 59 Legal Deadline: None Abstract: This action amends the existing Architectural Coatings Rule at 40 CFR part 59, subpart D to update the categories and limits to make them consistent with the Ozone Transport Commission model rule. This action is being done in response to a Clean Air Act Advisory Committee recommendation. This action was originally combined with similar amendments for consumer and commercial products under the "National VOC Emission Standards for Consumer Products; Amendments" (RIN 2060-AI62). However, it has now been determined that the other source categories in 2060-AI62 will be delayed due to the need for further analysis, and EPA has decided to separate out the Architectural Coatings piece as a separate rulemaking. 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. 5391 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@epamail.epa.gov Robin Dunkins, Environmental Protection Agency, Air and Radiation, 1200 Pennsylvania Avenue NW, RTF, NC 27711 Phone: 919 541-5335 Fax: 919 541-3470 Email: dunkins.robin@epamail.epa.gov RIN: 2060-AP94 735. • NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANT EMISSIONS: GROUP I POLYMERS AND RESINS Priority: Other Significant Unfunded Mandates: Undetermined Legal Authority: Not Yet Determined CFR Citation: Not Yet Determined Legal Deadline: Other, Statutory, May 31, 2010, Potential settlement date. Abstract: Recent legal actions have prompted a re-evaluation of the control standards in many of the National Emission Standards for Hazardous Air Pollutants in 40 CFR part 63, including Polymers and Resins I. This rulemaking will carry out that re-evaluation for Polymers and Resins I. As part of this effort, we plan to investigate if more controls are needed for back-end process vents and halogenated vent streams. Timetable: 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. 5389 Agency Contact: Mary Kissell, Environmental Protection Agency, Air and Radiation, E143-01, RTF, NC 27711 Phone: 919 541-4516 Fax: 919 685-3219 Email: kissell.mary@epa.gov Ken Hustvedt, Environmental Protection Agency, Air and Radiation, E143-01, RTF, NC 27711 Phone: 919 541-5395 Fax: 919 685-3200 Email: hustvedt.ken@epa.gov RIN: 2060-AP95 736. • STARTUP, SHUTDOWN, AND MALFUNCTION AMENDMENTS TO CERTAIN MACT STANDARDS Priority: Other Significant Unfunded Mandates: Undetermined Legal Authority: Not Yet Determined CFR Citation: Not Yet Determined Legal Deadline: None Abstract: The DC Circuit Court of Appeals vacated the startup, shutdown, ------- 44 Fall 2009 Regulatory Agenda EPA—Clean Air Act Proposed Rule Stage and malfunction exemptions of the part 63 General Provisions. These amendments would establish emission standards for some SSM events for certain MACT standards that would be affected immediately by the vacatur. These amendments will be developed to limit enforcement liability to affected sources. Timetable: Action Date FR Cite NPRM Final Action 11/00/10 To Be Determined Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 5397 Agency Contact: Rick Colyer, Environmental Protection Agency, Air and Radiation, D205-02, RTF, NC 27711 Phone: 919 541-5262 Email: colyer.rick@epa.gov Lisa Conner, Environmental Protection Agency, Air and Radiation, D205-02, RTF, NC 27711 Phone: 919 541-5060 Fax: 919 541-5600 Email: conner.lisa@epamail.epa.gov RIN: 2060-AP96 737. • OIL AND NATURAL GAS SYSTEMS GREENHOUSE GAS REPORTING RULE Priority: Other Significant Legal Authority: 42 USC 7401 et seq CFR Citation: 40 CFR 98 Legal Deadline: None Abstract: This regulation would require reporting of greenhouse gas emissions from the oil and gas industry. This rule applies to sectors of the oil and gas industry which have significant fugitive and vented emissions of carbon dioxide and methane e.g., natural gas transmission compression, distribution, etc. The rule would not require control of greenhouse gases, rather it would require only that sources above certain threshold levels monitor and report emissions. This sector was originally proposed in the Mandatory Greenhouse Gas Reporting Rule and now we are re- proposing based on comments received. Timetable: Action Date FR Cite NPRM Final Action 02/00/10 09/00/10 Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined URL For More Information: www.epa.gov/climatechange/emissions/ ghgrulemaking.html Agency Contact: Suzanne Waltzer, Environmental Protection Agency, 6207J, 1200 Pennsylvania Ave NW, Washington, DC 20460 Phone: 202 343-9544 Fax: 202-564-2202 Email: waltzer.suzanne@epa.gov Roger Fernandez, Environmental Protection Agency, Air and Radiation, 6207J, 1200 Pennsylvania Ave NW, Washington, DC 20460 Phone: 202 343-9386 Fax: 202-343-2342 Email: fernandez.roger@epa.gov Related RIN: Related to 2060-AO79 RIN: 2060-AP99 738. • GREENHOUSE GAS REPORTING RULE FOR ADDITIONAL SOURCES OF FLUORINATED GHGS Priority: Other Significant Legal Authority: 42 USC 7401 et seq CFR Citation: 40 CFR 98 Legal Deadline: None Abstract: In this action, EPA will propose reporting requirements for five different source categories which include: Electronics Manufacturing, Fluorinated Gas Production, SF6 in Electric Power Systems, Manufacturers of Electrical Equipment, and Importers of Pre-charged Equipment and Closed- Cell Foams. The purpose of this rule is to collect accurate and comprehensive emissions data to inform future climate change policies. In a notice of proposed rulemaking published in the Federal Register on April 10, 2009, as required by the FY2008 Consolidated Appropriations Act, EPA proposed reporting requirements for a number of different source categories including Electronics Manufacturing, SF6 in Electric Power Systems, and Fluorinated Gas Production. Due to the complexity of comments received, EPA did not finalize requirements for Electronics Manufacturing, SF6 in Electric Power Systems, and Fluorinated Gas Production, and is re-proposing reporting requirements for those three source categories in this action. EPA did not propose reporting requirements for Manufacturers of Electrical Equipment or for Importers of Pre- Charged Equipment and Closed-Cell Foam in the April 2009 proposed rule. In this action, EPA will propose reporting requirements for those two source categories. Timetable: Action Date FR Cite NPRM Final Action 02/00/10 09/00/10 Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined URL For More Information: www.epa.gov/climatechange/emissions/ ghgrulemaking.html Agency Contact: Deborah Ottinger, Environmental Protection Agency, Air and Radiation, 6207J, 1200 Pennsylvania Ave NW, Washington, DC 20460 Phone: 202 233-9149 Fax: 202-343-2359 Email: ottinger.deborah@epa.gov 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 Related RIN: Related to 2060-AO79 RIN: 2060-AQOO ------- Fall 2009 Regulatory Agenda 45 Environmental Protection Agency (EPA) Clean Air Act (CAA) Final Rule Stage 668. • REGULATION TO ESTABLISH MANDATORY REPORTING OF GHGS FROM INDUSTRIAL LANDFILLS, WASTEWATER, UNDERGROUND COAL MINES, AND MAGNESIUM PRODUCTION Priority: Economically Significant. Major status under 5 USC 801 is undetermined. Legal Authority: 42 USC 7401 et seq CFR Citation: 40 CFR 86; 40 CFR 87; 40 CFR 89; 40 CFR 90; 40 CFR 94; 40 CFR 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: On September 22, 2009, the Administrator signed a final rule establishing GHG reporting requirements for approximately 10,000 facilities and suppliers in the U.S. There were a few source categories originally included in the proposed rule (74 FR 16448) that were not included in the final rule signed in September in order to provide EPA more time to review and respond to the comments. Several of those delayed source categories are being re-proposed in separate actions. After further review of the comments, we determined that four of the remaining source categories, Industrial Waste water, Industrial Landfills, Underground Coal Mines, and Magnesium Production, do not need to be re-proposed but rather we are responding to the comments and going final with those subparts in this action. Timetable: Action Date FR Cite Final Action 05/00/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses, Governmental Jurisdictions Government Levels Affected: Federal, Local, State URL For More Information: www.epa.gov/climatechange/emissions/ ghgrulemaking.html Agency Contact: Rachel Schmeltz, Environmental Protection Agency, Washington, DC 20460 Phone: 202 343-9124 Email: schmeltz.rachel@epa.gov Carole Cook, Environmental Protection Agency, 6207J, Washington, DC 20460 Phone: 202 343-9334 Email: cook.carole@epa.gov Related RIN: Related to 2060-AO79 RIN: 2060-AQ03 Environmental Protection Agency (EPA) Clean Air Act Final Rule Stage 739. 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 a Federal Implementation Plan to regulate emissions from the Navajo Generating Station. The plant was previously complying with emissions limits in the Arizona 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. This FIP establishes federally enforceable emissions limitations for sulfur dioxide, TSP, and opacity, and a requirement for control measures for dust. Timetable: Action Date FR Cite Action NPRM NPRM Comment Period End Notice Second NPRM Date FR Cite 09/08/99 64 FR 48725 10/08/99 01/26/00 65 FR 4244 09/12/06 71 FR 53639 Second NPRM Comment Period End Final Action 11/06/06 12/00/09 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 RDM 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 740. REQUIREMENTS FOR REFORMULATED GASOLINE (RFC) UNDER THE 8-HOUR OZONE STANDARD FOR BUMP-UP AREAS DESIGNATED ATTAINMENT FOR THE 1-HOUR OZONE STANDARD PRIOR TO REVOCATION Priority: Other Significant Legal Authority: Clean Air Act CFR Citation: 40 CFR 80 Legal Deadline: None Abstract: Reformulated Gasoline (RFC) is gasoline blended to reduce emissions that cause ozone smog. The Clean Air Act (CAA) requires certain areas to use 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 ------- 46 Fall 2009 Regulatory Agenda EPA—Clean Air Act Final Rule Stage 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: Action Date FR Cite NPRM NPRM Comment Period End Final Action 06/23/06 71 FR 36042 08/22/06 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: 734 214-4820 Email: cook.leila@epa.gov RIN: 2060-AN63 741. AIR QUALITY DESIGNATIONS AND CLASSIFICATIONS FOR THE 2008 OZONE NATIONAL AMBIENT AIR QUALITY STANDARDS Priority: Substantive, Nonsignificant Legal Authority: sec 107(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: This action will establish the air quality designations for all areas of the United States under the revised 2008 ozone NAAQS. Designations 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 CAA 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 the March 12, 2008, 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 Agency Contact: Carla Oldham, Environmental Protection Agency, Air and Radiation, C539-04, Research Triangle Park, NC 27711 Phone: 919 541-3347 Fax: 919 541-0824 Email: oldham.carla@epamail.epa.gov Rhea Jones, Environmental Protection Agency, Air and Radiation, C539-04, RTF, NC 27709 Phone: 919 541-2940 Fax: 919 541-0824 Email: jones.rhea@epa.gov RIN: 2060-APS7 742. REVIEW OF THE PRIMARY NATIONAL AMBIENT AIR QUALITY STANDARD FOR NITROGEN DIOXIDE Regulatory Plan: This entry is Seq. No. 77 in part II of this issue of the Federal Register. RIN: 2060-AO19 743. REVIEW OF NEW SOURCES AND MODIFICATIONS IN INDIAN COUNTRY Priority: Other Significant Legal Authority: 42 USC 7401 et seq CFR Citation: 40 CFR 49 Legal Deadline: None Abstract: 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. Timetable: Action Date FR Cite NPRM NPRM Comment Period End Final Action 08/21/06 71 FR 48696 11/20/06 05/00/10 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, C504-02, RTF, NC 27711 Phone: 919 541-5344 Fax: 919 541-5509 Email: rao.raj@epamail.epa.gov RIN: 2060-AH37 744. • RECONSIDERATION OF 2008 FINAL IMPLEMENTATION RULE FOR PM2.5 NSR: STAY OF EFFECTIVE DATE FOR GRANDFATHERING PROVISIONS Priority: Other Significant Legal Authority: 42 USC 7410; 42 USC 7501 et seq ------- Fall 2009 Regulatory Agenda 47 EPA—Clean Air Act Final Rule Stage CFR Citation: 40 CFR 51 Legal Deadline: None Abstract: EPA is extending the existing 3-month administrative stay of the grandfathering provision for PM2.5 contained in the Federal Prevention of Significant Deterioration (PSD) program. The Federal PSD program at 40 CFR 52.21 was amended to add the grandfathering provision as part of the May 16, 2008 final rule entitled, "Implementation of the New Source Review (NSR) Program for Particulate Matter Less Than 2.5 Micrometers (PM2.5)." The existing administrative stay was made in response to a February 10, 2009, petition for reconsideration and request for administrative stay by the Natural Resources Defense Council (NRDC) and Sierra Club. In a letter dated April 24, 2009, we responded to the petitioners agreeing to reconsider four specific provisions of the May 2009 final rule and to propose repealing the grandfathering provision for PM2.5 that is currently under a 3-month administrative stay. The extension of the administrative stay that we are finalizing will provide us with sufficient time to subsequently propose, take public comment on, and take final action on a repeal of the grandfathering provision for PM2.5 in the federal PSD program as agreed to in the April 24 letter. Timetable: Action Date FR Cite Grant of Reconsideration and Stay NPRM NPRM Comment Period End Final Action 06/01/09 74 FR 26098 07/23/09 74 FR 36427 08/24/09 12/00/09 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal, Local, State, Tribal Additional Information: SAN No. 4752.3; EPA publication information: Grant of Reconsideration and Stay— http://www.epa.gov/fedrgstr/EPA- AIR/2009/June/Day-01/al2572.pdf; Split from RDM 2060-AN86. Split from RIN 2060-AK74; EPA Docket information: EPA-HQ-OAR-2003-0062 URL For More Information: Agency Contact: Dan Deroeck, Environmental Protection Agency, Air and Radiation, C504-02, RTF, NC 27711 Phone: 919 541-5593 Fax: 919 541-5509 Email: deroeck.dan@epamail.epa.gov Raj Rao, Environmental Protection Agency, Air and Radiation, C504-02, RTF, NC 27711 Phone: 919 541-5344 Fax: 919 541-5509 Email: rao.raj@epamail.epa.gov RIN: 2060-AP65 745. AMENDMENTS TO STANDARDS 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 also cite this procedure for sources with installed COMS subject to compliance limitations. Minimum quality control (QC) and quality assurance (QA) requirements are specified to assess the quality of COMS performance. Daily zero and span checks, quarterly performance audits, and annual zero alignment checks are required in order to assure the proper functioning of the COMS and the accuracy of the COMS data. Timetable: Action NPRM NPRM Comment Period End Final Action Date FR Cite 02/28/01 66 FR 12780 03/21/01 02/00/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal, State Additional Information: SAN No. 3958; N/A; EPA Docket information: EPA-HQ- OAR-2003-0115 URL For More Information: http://www.epa.gov/ttn/emc/proposed/ m-203.pdf Agency Contact: Jason Dewees, Environmental Protection Agency, Air and Radiation, E143-02, RTF, NC 27711 Phone: 919 541-9724 TDD Phone: N/A 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 TDD Phone: N/A Fax: 919 541-0516 Email: oldham.conniesue@epamail.epa.gov RIN: 2060-AH23 746. NESHAP: AREA SOURCE STANDARDS—CHEMICAL PREPARATIONS INDUSTRY Priority: Other Significant Legal Authority: CAA 112 CFR Citation: 40 CFR 63 Legal Deadline: Final, Judicial, December 16, 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 chemical preparations as an area source category. Timetable: Action Date FR Cite NPRM NPRM Comment Period End Final Action 08/05/09 74 FR 39013 09/04/09 12/00/09 Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses Government Levels Affected: None Additional Information: SAN No. 5015; EPA publication information: NPRM— http://www.epa.gov/fedrgstr/EPA- AIR/2009/August/Day-05/al8537.pdf; EPA Docket information: EPA-HQ-OAR- 2009-0028 Agency Contact: Warren Johnson, Environmental Protection Agency, Air and Radiation, C304-05, Research Triangle Park, NC 27711 Phone: 919 541-5124 ------- 48 Fall 2009 Regulatory Agenda EPA—Clean Air Act Final Rule Stage Fax: 919 541-0242 Email: johnson.wfarren@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 747. NESHAP: AREA SOURCE STANDARDS—PAINTS AND ALLIED PRODUCTS MANUFACTURING Priority: Other Significant Legal Authority: Clean Air Act sec 112 CFR Citation: 40 CFR 63 Legal Deadline: Final, Judicial, November 16, 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 NPRM Comment Period End Final Action 06/01/09 74 FR 26142 07/01/09 12/00/09 Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses Government Levels Affected: None Additional Information: SAN No. 5016; EPA publication information: NPRM— http://www.epa.gov/fedrgstr/EPA- AIR/2009/June/Day-01/al2563.pdf;EPA Docket information: EPA-HQ-OAR- 2008-0053 Agency Contact: Melissa Payne, Environmental Protection Agency, Air and Radiation, C404-05, 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 748. NESHAP: PORTLAND CEMENT NOTICE OF RECONSIDERATION Priority: Economically Significant. Major under 5 USC 801. Legal Authority: 42 USC 7412 CFR Citation: 40 CFR 63.1340 to 63.1359 Legal Deadline: NPRM, Judicial, April 21, 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 D.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 Action Date FR Cite NPRM Notice of Public Hearings and Extension of Public Comment Period 05/06/09 74 FR 21135 06/09/09 74 FR 27265 NPRM Comment Period End Final Action 07/06/09 04/00/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses Government Levels Affected: Tribal Additional Information: SAN No. 4585.1; EPA publication information: Notice of public hearings & extension of public comment period — http://www.epa.gov/fedrgstr/EPA- AIR/2009/June/Day-09/al3438.pdf; Split from RIN 2060-AJ78; EPA Docket information: EPA-HQ-OAR-2002-0051 Agency Contact: Keith Barnett, Environmental Protection Agency, Air and Radiation, D243-02, RTF, NC 27711 Phone: 919 541-5605 Fax: 919 541-3207 Email: barnett.keith@epa.gov Steve Fruh, Environmental Protection Agency, Air and Radiation, D243-02, RTF, NC 27711 Phone: 919 541-2837 Fax: 919 541-3207 Email: fruh.steve@epa.gov RIN: 2060-AO15 749. 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 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 Rule 04/00/10 ------- Fall 2009 Regulatory Agenda 49 EPA—Clean Air Act Final Rule Stage 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 750. NESHAP: AREA SOURCE STANDARDS—ASPHALT PROCESSING AND ASPHALT ROOFING MANUFACTURING Priority: Other Significant Legal Authority: Clean Air Act sec 112 CFR Citation: 40 CFR 63 Legal Deadline: Final, Judicial, November 16, 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 asphalt processing and asphalt roofing manufacturing as an area source category. Timetable: Action Date FR Cite NPRM NPRM Comment Period End Final Action 07/09/09 74 FR 32822 08/10/09 12/00/09 Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses Government Levels Affected: None Additional Information: SAN No. 5191; EPA publication information: NPRM— http://www.epa.gov/fedrgstr/EPA- AIR/2009/July/Day-09/al6260.pdf; EPA Docket information: EPA-HQ-OAR- 2009-0027 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 751. NESHAP: AREA SOURCE STANDARDS—PREPARED (ANIMAL) FEEDS MANUFACTURING Priority: Other Significant Legal Authority: CAA 112 CFR Citation: 40 CFR 63 Legal Deadline: Final, Judicial, December 16, 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 prepared feeds manufacturing as an area source category. Timetable: Action Date FR Cite NPRM NPRM Comment Period End Final Action 07/27/09 74 FR 36980 08/27/09 12/00/09 Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses Government Levels Affected: None Additional Information: SAN No. 5201; EPA publication information: NPRM— http ://www. epa.gov/fedrgstr/EPA- AIR/2009/July/Day-27/al7826.pdf; EPA Docket information: EPA-HQ-OAR- 2008-0080 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 752. 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, which was issued in November 2008. This action responds to the issues raised in the Court's remand and also satisfies the CAA section 129(a)(5) requirement to ------- 50 Fall 2009 Regulatory Agenda EPA—Clean Air Act Final Rule Stage conduct a review of the standards every 5 years. Timetable: Timetable: Action Date FR Cite Action Date FR Cite 02/06/07 72 FR 5510 04/09/07 NPRM NPRM Comment Period End Supplemental NPRM 12/01/08 73 FR 72962 Supplemental NPRM 02/17/09 Comment Period End Final Action 12/00/09 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, RTF, NC 27711 Phone: 919 541-9736 Fax: 919 541-3470 Email: patel.ketan@epamail.epa.gov Amy Hambrick, Environmental Protection Agency, Air and Radiation, E143-03, RTF, NC 27711 Phone: 919 541-0964 Fax: 919 541-3470 Email: hambrick.amy@epamail.epa.gov RIN: 2060-AO04 753. 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: This final action will revise the original General Conformity regulations to reduce unnecessary paperwork burden, address transition issues to new NAAQS and to respond to concerns based on the experience of implementing Federal agencies. NPRM NPRM Comment Period End Final Action 01/08/08 73 FR 1402 03/10/08 12/00/09 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? WAIS docID =620448219337 +0+0+0& WAISaction=retrieve; EPA Docket information: EPA-HQ-OAR-2 006-0669 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 754. 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 Rule 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, AAHEBTC, Ann Arbor, MI 48346 Phone: 734 214-4287 Email: brunner. christine@ep amail. ep a.gov Patrice Simms, Environmental Protection Agency, Air and Radiation, 1200 Pennsylvania Avenue NW, Washington, DC 20460 Phone: 202 564-5593 Email: simms.patrice@epamail.epa.gov RIN: 2060-AJ82 755. 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 ------- Fall 2009 Regulatory Agenda 51 EPA—Clean Air Act Final Rule Stage 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 Supplemental 2 NPRM Comment Period End Final Action 01/17/06 71 FR2843 02/16/06 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 756. CONTROL OF EMISSIONS FROM NEW MARINE COMPRESSION-IGNITION ENGINES AT OR ABOVE 30 LITERS PER CYLINDER Regulatory Plan: This entry is Seq. No. 78 in part II of this issue of the Federal Register. RIN: 2060-AO38 757. 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 make a determination as to 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 that would be sufficient to mitigate risk and that are 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. If we determine that nPB cannot be used safely in a specific end use, as compared with other substitutes available for that end use, we would find it unaccceptable. Timetable: Action NPRM NPRM Comment Period End NPRM Correction Second NPRM— Adhesives Second NPRM Comment Period End — Adhesives Final Action Date 06/03/03 08/04/03 1 0/02/03 05/30/07 07/30/07 02/00/10 FR Cite 68 FR 33283 68 FR 56809 72 FR 301 68 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 20005 Phone: 202 343-9337 Fax: 202 343-2342 Email: shimamura.monica@epamail.epa.gov RIN: 2060-AK26 758. PROTECTION OF STRATOSPHERIC OZONE: BAN ON THE SALE OR DISTRIBUTION OF PRE-CHARGED APPLIANCES Priority: Other Significant Legal Authority: 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 NPRM NPRM Comment Period End Final Action Date FR Cite 12/23/08 73 FR 78705 01/22/09 12/00/09 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest. Additional Information: SAN No. 5052; EPA publication information: NPRM— ------- 52 Fall 2009 Regulatory Agenda EPA—Clean Air Act Final Rule Stage 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: 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 Cindy Newberg, Environmental Protection Agency, Air and Radiation, 6205J, Washington, DC 20460 Phone: 202 343-9729 Email: newberg.cindy@epamail.epa.gov RIN: 2060-AN58 759. REVIEW OF NEW SOURCE PERFORMANCE STANDARDS- PORTLAND CEMENT Priority: Economically Significant. Major under 5 USC 801. Legal Authority: Clean Air Act sec 111 CFR Citation: 40 CFR 60, subpart F Legal Deadline: NPRM, Judicial, May 31, 2008, Court ordered deadline. Final, Judicial, October 30, 2009, Court ordered deadline, 60-day extension granted. 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, and we have agreed to review the NSPS and to promulgate final changes by October 30, 2009. The consent decree has been modified to reflect these changes. Timetable: Action Date FR Cite NPRM NPRM Comment Period Extended NPRM Comment Period End Final Action 06/16/08 73 FR 34072 08/13/08 73 FR 47119 08/15/08 12/00/09 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 27711 Phone: 919 541-2837 Fax: 919 541-3207 Email: fruh.steve@epa.gov RIN: 2060-AO42 760. INSPECTION/MAINTENANCE PROGRAM REQUIREMENTS FOR FEDERAL FACILITIES; AMENDMENT 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: 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 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 Rule 11/00/10 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, 2344A, Washington, DC 20460 Phone: 202 564-5592 Email: schneeberg.sara@epamail.epa.gov RIN: 2060-AI97 761. 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 ------- Fall 2009 Regulatory Agenda 53 EPA—Clean Air Act Final Rule Stage gasoline under the regulation of fuels and fuel additives. Timetable: Action Date FR Cite Direct Final Rule 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, AAHEBTC, Ann Arbor, MI 48346 Phone: 734 214-4287 Email: brunner. christine@ep amail. ep a.gov John Hannon, Environmental Protection Agency, Air and Radiation, 2344A, Washington, DC 20460 Phone: 202 564-5563 Email: hannon.john@epamail.epa.gov RIN: 2060-AK56 762. 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 Rule 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, AAHEBTC, Ann Arbor, MI 48346 Phone: 734 214-1287 Email: brunner.christine@epamail.epa.gov Patrice Simms, Environmental Protection Agency, Air and Radiation, 1200 Pennsylvania Avenue NW, Washington, DC 20460 Phone: 202 564-5593 Email: simms.patrice@epamail.epa.gov RIN: 2060-AK69 763. 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, October 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 nine source categories including the manufacturing of organic chemicals (three categories), 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. The rule establishes emission standards in the form of management practices as well as emission limits for certain emission points. Timetable: Action Date FR Cite NPRM NPRM Comment Period End NPRM Comment Period Extended NPRM Comment Period End Final Action 10/06/08 73 FR 58352 11/05/08 11/20/08 73 FR 70289 01/05/09 12/00/09 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: www.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: 919 541-0246 Email: mcdonald.randy@epa.gov KG Hustvedt, Environmental Protection Agency, Air and Radiation, E143-01, RTF, NC 27711 Phone: 919 541-5395 Email: hustvedt.ken@epa.gov RIN: 2060-AM19 764. FLEXIBLE AIR PERMIT RULE Priority: Substantive, Nonsignificant Legal Authority: Clean Air Act title V, parts C & D CFR Citation: 40 CFR 70; 40 CFR 71 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 clarify existing requirements governing minor and major new source review (NSR) in order to facilitate greater consideration of flexible air permits (FAPs). A FAP is an operating permit 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. A FAP cannot circumvent, modify, or contravene any applicable requirement and must assure compliance with each requirement that is applicable, or becomes applicable. FAPs could potentially be used by a wide spectrum of sources types, encompassing over 30 SICs. Timetable: Action NPRM NPRM Comment Period End Final Action Date 09/1 2/07 01/14/08 12/00/09 FR Cite 72 FR 52206 ------- 54 Fall 2009 Regulatory Agenda EPA—Clean Air Act Final Rule Stage 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 URL For More Information: www.epa.gov Agency Contact: Mike Trutna, Environmental Protection Agency, Air and Radiation, C504-01, 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 765. 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 Administration for exceptions to the 2- person minimum occupancy HOV requirement. Timetable: Action NPRM NPRM Comment Period End Final Action Date FR Cite 05/24/07 72 FR 29 102 07/09/07 03/00/1 0 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: 734 214-1873 Email: manners.mary@epamail.epa.gov Holly Pugliese, Environmental Protection Agency, Air and Radiation, AAIO, Ann Arbor, MI 48105 Phone: 734 214-1288 Email: pugliese.holly@epa.gov RIN: 2060-AN68 766. 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: EPA is finalizing regulations under the Prevention of Significant Deterioration (PSD) program to establish new increments, significant impact levels (SILs) and a significant monitoring concentration (SMC) for fine particulate matter (particles with an aerometric diameter less than or equal to a nominal 2.5 micrometers, "PM2.5"). These regulations are consistent with section 166 of the Clean Air Act, which authorizes the Environmental Protection Agency to establish regulations to prevent significant deterioration of air quality due to emissions of any pollutant for which National Ambient Air Quality Standards (NAAQS) have been promulgated. The NAAQS for PM2.5 were promulgated in 1997. To help facilitate the States' implementation of the preconstruction review permit process, this action will also establish screening tools (SILs and SMC) to determine when sources must complete analyses to satisfy specific requirements associated with the evaluation of PM2.5 impacts. Timetable: Action Date FR Cite NPRM Comment Period Extended NPRM Comment Period End NPRM Extended Comment Period End Final Action 11/20/07 72 FR 65282 11/20/07 01/21/08 04/00/10 Action Date FR Cite NPRM 09/21/07 72 FR 54112 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, C504-02, RTF, NC 27711 Phone: 919 541-5593 Fax: 919 541-5509 Email: deroeck.dan@epamail.epa.gov Raj Rao, Environmental Protection Agency, Air and Radiation, C504-02, RTF, NC 27711 Phone: 919 541-5344 Fax: 919 541-5509 Email: rao.raj@epamail.epa.gov RIN: 2060-AO24 767. 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 77872). This rule amended the existing DOT regulations at 49 CFR ------- Fall 2009 Regulatory Agenda 55 EPA—Clean Air Act Final Rule Stage parts 523, 533, and 537, by adding new definitions, setting new fuel economy standards for light trucks, and amending some reporting requirements. In order for DOT to execute its new requirements, DOT's regulations rely on EPA to reference the new definitions and collect the new information from automobile manufacturers. 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 Direct Final Rule 12/00/09 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 768. 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 app 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 Rule 12/00/09 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 5146; N/A; 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 769. NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS: APPENDIX A—TEST METHODS; AMENDMENTS TO METHOD 301 Priority: Substantive, Nonsignificant Legal Authority: 42 USC 7401 et seq CFR Citation: 40 CFR 63 app A (Revision) Legal Deadline: None Abstract: This action amends EPA's Method 301; Field Validation of Pollutant Measurement Methods from Various Waste Media. Method 301 can be found in appendix A of 40 CFR part 63 (Test Methods). Method 301 was promulgated with 40 CFR part 63, subpart D (Regulations Governing Compliance Extensions for Early Reductions of Hazardous Air Pollutants)(58 FR 27338, June 13, 1991) pursuant to section 112 of the Clean Air Act (as amended in 1990). This action finalizes amendments to Method 301 based on comments received on proposed changes to the Method published in the Federal Register on December 22, 2004 (69 FR 76642), and amends errors identified in the proposed amendments to the Method. Timetable: Action Date FR Cite NPRM NPRM Comment Period End Final Action 12/22/04 69 FR 76642 02/22/05 12/00/09 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal Additional Information: SAN No. 5156; EPA publication information: NPRM— http://www.epa.gov/fedrgstr/EPA- AIR/2004/December/Day- 22/a27985.htm; Not applicable; 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 770. PETROLEUM REFINERY RESIDUAL RISK STANDARDS Priority: Other Significant Legal Authority: CAA sec H2(f)(2); CAA 112(d)(6); CAA 112(d)(2) and 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 ------- 56 Fall 2009 Regulatory Agenda EPA—Clean Air Act Final Rule Stage 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 EPA. Timetable: Action Date FR Cite 09/04/07 72 FR 50716 11/05/07 NPRM NPRM Comment Period End Supplemental NPRM 11/10/08 73 FR 66694 Supplemental NPRM 12/10/08 Comment Period End NPRM—Partial 12/00/09 Withdrawal Final Action—Heat 12/00/09 Exchangers Final Action—Partial 04/00/10 Withdrawal Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses 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 RIN 2060- AN85; EPA Docket information: EPA- HQ-OAR-2003-0146 URL For More Information: www.epa.gov/fedrgstr/epa- air/2007/september/day-04/a!7009.pdf Agency Contact: Bob Lucas, Environmental Protection Agency, Air and Radiation, E143-01, RTF, NC 27711 Phone: 919 541-0884 Fax: 919 541-0246 Email: lucas.bob@epa.gov Ken Hustvedt, Environmental Protection Agency, Air and Radiation, E143-01, RTF, NC 27711 Phone: 919 541-5395 Fax: 919 685-3200 Email: hustvedt.ken@epa.gov RIN: 2060-AO55 771. STANDARDS OF PERFORMANCE FOR COAL PREPARATION PLANTS AMENDMENTS Priority: Other Significant Legal Authority: CAA sec ill CFR Citation: 40 CFR 60, subpart Y Legal Deadline: Other, Judicial, May 15, 2009, We were required to sign the final rule or complete a supplemental proposal by May 15, 2009, and chose to issue a suppl proposal. Final, Judicial, September 26, 2009, As per 11/16/2006 Consent Decree. Modified on January 26, 2009. Abstract: EPA entered into a consent decree to propose amendments to the coal preparation (subpart Y) new source performance standards (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, to amend the date for final action to May 16, 2009, unless we published a supplemental proposal. If we decided to publish a supplemental proposal, the deadline for taking final action would be September 26, 2009. Proposed amendments were published on April 28, 2008. A supplemental proposal was published on May 27, 2009. No substantive amendments to subpart Y have been completed since the rule was originally finalized in 1976. The supplemental action, which is based largely on public comments received on the April 2008 proposal, proposes to (1) revise the PM emissions and opacity limits included in the original proposal for thermal dryers, pneumatic coal- cleaning equipment, and coal-handling equipment; (2) expand the applicability of the thermal dryer standards to apply to both direct and indirect contact thermal dryers drying all coal ranks and pneumatic coal-cleaning equipment cleaning all coal ranks; (3) establish a sulfur dioxide (SO2) emission limit and a combined nitrogen oxide (NOx) and carbon monoxide (CO) emissions limit for thermal dryers; (4) establish work practice standards to control coal dust emissions from open storage piles and roadways associated with coal preparation plants; and (5) revise the definition of coal, for subpart Y purposes, to include petroleum coke and coal refuse. Timetable: Action Date FR Cite Action Date FR Cite NPRM NPRM Comment Period Extended NPRM Comment Period End NPRM Extended Comment Period End 04/28/08 73 FR 22901 06/10/08 73 FR 32667 06/12/08 07/14/08 Supplemental NPRM 05/27/09 74 FR 25304 Supplemental NPRM 07/13/09 Comment Period End Final Action 12/00/09 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 5144; EPA publication information: NPRM— http://www.epa.gov/fedrgstr/EPA- AIR/2008/April/Day-28/a9104.pdf; EPA Docket information: EPA—HQ— OAR— 2008—0260 Agency Contact: Mary Johnson, Environmental Protection Agency, Air and Radiation, D243-01, RTF, NC 27711 Phone: 919 541-5025 Fax: 919 541-5450 Email: johnson.mary@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@epa.gov RIN: 2060-AO57 772. METHODS FOR MEASUREMENT OF FILTERABLE PM10 AND PM2.5 AND MEASUREMENT OF CONDENSABLE PARTICULATE MATTER EMISSIONS FROM STATIONARY SOURCES Priority: Substantive, Nonsignificant Legal Authority: Clean Air Act, 42 USC 7401 et seq CFR Citation: 40 CFR 51 app M Legal Deadline: None Abstract: This action adds new procedures to two methods required in State Implementation Plans to measure fine PM or PM2.5 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 if measuring both PM10 or PM2.5 or may be used 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 ------- Fall 2009 Regulatory Agenda 57 EPA—Clean Air Act Final Rule Stage 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 01/00/10 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 TDD Phone: N/A Fax: 919 541-0516 Email: oldham.conniesue@epamail.epa.gov RIN: 2060-AO58 773. REGULATION OF FUELS AND FUEL ADDITIVES: ALTERNATIVE AFFIRMATIVE DEFENSE REQUIREMENTS FOR ULTRA-LOW SULFUR DIESEL AND GASOLINE BENZENE TECHNICAL AMENDMENT Priority: Info./Admin./Other Legal Authority: Clean Air Act sec 211 CFR Citation: 40 CFR 80 Legal Deadline: None Abstract: This rule provides flexibility to refiners, importers and distributors of diesel fuel by amending the ultra- low sulfur diesel (ULSD) regulations to allow a nationwide sampling and testing program to be used as an alternative means of meeting the sampling and testing defense elements under 40 CFR section 80.613. This alternative method would consist of a comprehensive program of quality assurance sampling and testing calculated to achieve the same objectives as the current regulatory quality assurance requirement; i.e. that the sulfur content in ULSD does not exceed regulatory limits. This rule also amends the gasoline benzene regulations to allow disqualified small refiners the same opportunity to generate gasoline benzene credits as that afforded to non-small refiners. This rule also amends the gasoline benzene regulations to allow disqualified small refiners the same opportunity to generate gasoline benzene credits as that afforded to non- small refiners. Timetable: Action Date FR Cite Direct Final Rule 12/00/09 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 774. 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 percent below the production and consumption baselines beginning January 1, 2010. Timetable: Action NPRM NPRM Comment Period End Final Action Date 12/23/08 02/23/09 12/00/09 FR Cite 73 FR 78680 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: Jeremy Arling, Environmental Protection Agency, Air and Radiation, 6205J, Washington, DC 20460 Phone: 202 343-9055 Fax: 202 343-2338 Email: arling.jeremy@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-AO76 ------- 58 Fall 2009 Regulatory Agenda EPA—Clean Air Act Final Rule Stage 775. RENEWABLE FUELS STANDARD PROGRAM Regulatory Plan: This entry is Seq. No. 79 in part II of this issue of the Federal Register. RIN: 2060-AO81 776. RISK TECHNOLOGY PHASE II GROUP 2A Priority: Other Significant Legal Authority: CAA sec H2(f)(2); CAA sec 112(d)(6) CFR Citation: Not Yet Determined Legal Deadline: None Abstract: This action is the Risk and Technology Review (RTR) Group 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 (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 NPRM Comment Period End Final Action 10/10/08 73 FR 60432 10/24/08 73 FR 63420 11/24/08 12/00/09 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/2 008/October/Day-l 0/a2 3 3 7 3 .pdf; Split from RIN 2060-AN85; EPA Docket information: EPA-HQ-OAR-2 008-0008 Agency Contact: Mary Kissell, Environmental Protection Agency, Air and Radiation, E143-01, RTF, NC 27711 Phone: 919 541-1516 Fax: 919 685-3219 Email: kissell.mary@epa.gov Ken Hustvedt, Environmental Protection Agency, Air and Radiation, E143-01, RTF, NC 27711 Phone: 919 541-5395 Fax: 919 685-3200 Email: hustvedt.ken@epa.gov RIN: 2060-AO91 777. IMPLEMENTATION OF THE 1997 8-HOUR OZONE NAAQS: CLASSIFICATION OF SUBPART 1 AREAS AND REVISION TO ANTIBACKSLIDING PROVISIONS; DELETION OF OBSOLETE 1-HOUR OZONE STANDARD PROVISIONS Priority: Other Significant Legal Authority: 42 USC 7410; 42 USC 7511 to 7511f; 42 USC 7601(a)(l) CFR Citation: 40 CFR 50 and 51; 40 CFR 81 Legal Deadline: None Abstract: This rulemaking action would revise the rule for implementation of the 8-hour ozone national ambient air quality standard (NAAQS) to address partial vacatur by the U.S. Circuit Court of Appeals for the District of Columbia Circuit. The 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 Date FR Cite NPRM NPRM Comment Period End Final Action 01/16/09 74 FR 2936 02/17/09 04/00/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal, Local, State 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 RIN: 2060-AO96 778. REVISIONS TO TEST METHOD FOR DETERMINING STACK GAS VELOCITY TAKING INTO ACCOUNT VELOCITY DECAY NEAR THE STACK WALLS Priority: Substantive, Nonsignificant Legal Authority: Clean Air Act 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 ------- Fall 2009 Regulatory Agenda 59 EPA—Clean Air Act Final Rule Stage 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 NPRM Comment Period End Final Action 08/25/09 74 FR 42819 09/24/09 09/00/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 5237; EPA publication information: NPRM - http://www.epa.gov/fedrgstr/EPA- AIR/2009/August/Day-25/a20395.pdf; N/A; EPA Docket information: EPA-HQ- OAR-2008-0697 Agency Contact: Jason Dewees, Environmental Protection Agency, Air and Radiation, E143-02, RTF, NC 27711 Phone: 919 541-9724 TDD Phone: N/A 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 TDD Phone: N/A Fax: 919 541-0516 Email: oldham.conniesue@epamail.epa.gov RIN: 2060-AP08 779. AMBIENT OZONE MONITORING REGULATIONS: REVISIONS TO NETWORK DESIGN REQUIREMENTS Priority: Other Significant Legal Authority: 42 USC 7403; 42 USC 7410; 42 USC 760l(a); 42 USC 7611; 42 USC 7619 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 8-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 NPRM Comment Period End Final Action 07/16/09 74 FR 34525 09/14/09 04/00/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal, Local, State, Tribal Additional Information: SAN No. 5259; EPA publication information: NPRM— http ://www. epa.gov/fedrgstr/EPA- AIR/2009/July/Day-16/al6802.pdf; 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 Lula Melton, Environmental Protection Agency, Air and Radiation, C304-06, RTF, NC 27711 Phone: 919 541-2910 Fax: 919 541-1903 Email: melton.lula@epamail.epa.gov RIN: 2060-AP15 780. RESTRUCTURING OF THE STATIONARY SOURCE AUDIT PROGRAM Priority: Substantive, Nonsignificant Legal Authority: 23 USC 101; 42 USC 7401 to 7671q; 42 USC 7410, 7414, 7421, 7470 to 7479, 7491, 7492, 7601, and 7602;42 USC 7401, 7412,7413, 7414, 7416, 7601,and 7602; 42 USC 7401 et seq CFR Citation: 40 CFR 51, 60, 61, 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. Timetable: Action Date FR Cite NPRM 06/16/09 74 FR 28451 ------- 60 Fall 2009 Regulatory Agenda EPA—Clean Air Act Final Rule Stage Action Date FR Cite Action Date FR Cite NPRM Comment Period End Final Action 07/16/09 03/00/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 5273; EPA publication information: NPRM— http://www.epa.gov/fedrgstr/EPA- AIR/2009/June/Day-16/al4023.pdf;EPA Docket information: EPA-HQ-OAR- 2008-0531 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 781. TRANSPORTATION CONFORMITY PM2.5 AND PM10 AMENDMENTS Priority: Other Significant Legal Authority: Clean Air Act 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: NPRM Comment Period End Final Action 06/15/09 03/00/10 Action Date FR Cite NPRM 05/15/09 74 FR 23024 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 5286; EPA publication information: NPRM— http ://www. epa.gov/fedrgstr/EPA- AIR/2009/May/Day-15/alll84.pdf 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 782. NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR RECIPROCATING INTERNAL COMBUSTION ENGINES Priority: Economically Significant. Major under 5 USC 801. Legal Authority: 42 USC 7412(d) 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 final rule will 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 final rule will also establish 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 also took comment in the proposed rule 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 Date FR Cite NPRM NPRM Comment Period Extended NPRM Comment Period End Final Action 03/05/09 74 FR 9698 04/14/09 74 FR 17130 05/04/09 02/00/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses Government Levels Affected: None Additional Information: SAN No. 5300; EPA publication information: NPRM— http://edocket.access.gpo.gov/2009/pdf/ E9-4595.pdf; EPA Docket information: EPA-HQ-OAR-2008-0708 Agency Contact: Melanie King, Environmental Protection Agency, Air and Radiation, D243-01, RTF, NC 27711 Phone: 919 541-2469 Email: king.melanie@epamail.epa.gov Robert Wayland, Environmental Protection Agency, Air and Radiation, D243-01, Research Triangle Park, NC 27711 Phone: 919 541-1045 Email: wayland.robertj@epa.gov RIN: 2060-AP36 783. 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 ------- Fall 2009 Regulatory Agenda 61 EPA—Clean Air Act Final Rule Stage Legal Deadline: None Abstract: This action stays the effectiveness, for the State of Minnesota only, of two final rules issued by EPA 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, CAIR Federal implementation plan (FIP). The D.C. Circuit Court of Appeals held that EPA, in the CAIR and the CAIR FIP, had not properly addressed possible errors in ECU emissions for certain EGUs in Minnesota. This action stays the effectiveness of these two rules, with respect to sources in Minnesota only, while EPA conducts a rulemaking addressing this issue and its impact on the inclusion of Minnesota in the CAIR. Timetable: Action NPRM NPRM Comment Period End Final Action Date FR Cite 05/12/09 74 FR 22 147 06/11/09 12/00/09 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 5323; EPA publication information: NPRM— http://www.epa.gov/fedrgstr/EPA- AIR/2009/May/Day-12/alll07.pdf;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 27709 Phone: 919 541-2940 Fax: 919 541-0824 Email: jones.rhea@epa.gov RIN: 2060-AP46 784. ENDANGERMENT AND CAUSE OR CONTRIBUTE FINDINGS FOR GREENHOUSE GASES UNDER SECTION 202(A) OF THE CLEAN AIR ACT Regulatory Plan: This entry is Seq. No. 80 in part II of this issue of the Federal Register. RIN: 2060-APS5 785. • EPA/NHTSA JOINT RULEMAKING TO ESTABLISH LIGHT-DUTY GREENHOUSE GAS EMISSION STANDARDS AND CORPORATE AVERAGE FUEL ECONOMY STANDARDS Regulatory Plan: This entry is Seq. No. 81 in part II of this issue of the Federal Register. RIN: 2060-APS8 786. • RECONSIDERATION OF PREVENTION OF SIGNIFICANT DETERIORATION (PSD) AND NONATTAINMENT NEW SOURCE REVIEW (NSR): RECONSIDERATION OF INCLUSION OF FUGITIVE EMISSIONS Priority: Other Significant Legal Authority: Clean Air Act title I CFR Citation: 40 CFR 51 and 52 Legal Deadline: None Abstract: This action is providing notice that through a letter signed on April 24, 2009, EPA granted reconsideration on a petition submitted by National Resources Defense Council (NRDC), with respect to the final rule titled, "Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Reconsideration of Inclusion of Fugitive Emissions," published on December 19, 2008. In addition to granting reconsideration, EPA is granting an administrative stay of the rule. Having found that the petition raised objections to the December 2008 final rule provision that arose after the comment period and that are of central relevance to the rule, EPA granted the petition for reconsideration and administrative stay in the April 24, 2009, letter responding to the February 17, 2009, petition submitted by the NRDC. EPA will publish a notice in the Federal Register establishing a comment period and opportunity for a public hearing for the reconsideration proceeding. The petition for reconsideration and request for administrative stay can be found in the docket for the December 2008 rule. The EPA considered the petition for reconsideration and request for stay, along with information contained in the rulemaking docket, in reaching a decision on both the reconsideration and the stay. Timetable: Action Date FR Cite Final Action, Grant of 12/00/09 Reconsideration and Stay NPRM—Extend 12/00/09 3-month Administrative Stay Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal, Local, State, Tribal Additional Information: SAN No. 4940.1; Split from RIN 2060-AM91; EPA Docket information: EPA-HQ-OAR- 2004-0014 URL For More Information: wf\vwr.epa.gov/nsr Agency Contact: Carrie Wheeler, Environmental Protection Agency, Air and Radiation, C339-03, RTF, NC 27711 Phone: 919 541-9771 Fax: 919 541-4028 Email: wheeler.carrie@epamail.epa.gov Juan Santiago, Environmental Protection Agency, Air and Radiation, C339-03, RTF, NC 27711 Phone: 919 541-1084 Fax: 919 541-5509 Email: santiago.juan@epamail.epa.gov RIN: 2060-AP73 787. • AIR QUALITY DESIGNATIONS FOR THE 2008 LEAD NATIONAL AMBIENT AIR QUALITY STANDARDS Priority: Info./Admin./Other Legal Authority: CAA sec I07(d), 42 USC 7407(d) CFR Citation: Not Yet Determined Legal Deadline: Final, Statutory, October 15, 2010, CAA requires EPA to issue designations no later than 2 years from the 10/15/08 promulgation of the revised lead NAAQS. Abstract: This action will establish initial air quality designations for all areas of the United States under the revised 2008 lead NAAQS. ------- 62 Fall 2009 Regulatory Agenda EPA—Clean Air Act Final Rule Stage 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. EPA is required to make the final initial designations no later than 2 years from the October 15, 2008, promulgation of the revised NAAQS. Timetable: Action Date FR Cite Final Action 10/00/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 5372 Agency Contact: Rhonda Wright, Environmental Protection Agency, Air and Radiation, C539-04, RTF, NC 27709 Phone: 919 541-1087 Fax: 919 541-0824 Email: wright.rhonda@epa.gov Rhea Jones, Environmental Protection Agency, Air and Radiation, C539-04, RTF, NC 27709 Phone: 919 541-2940 Fax: 919 541-0824 Email: jones.rhea@epa.gov RIN: 2060-AP78 788. • PREVENTION OF SIGNIFICANT DETERIORATION (PSD): RECONSIDERATION OF INTERPRETATION OF REGULATIONS THAT DETERMINE POLLUTANTS COVERED BY THE FEDERAL PSD PERMIT PROGRAM Regulatory Plan: This entry is Seq. No. 82 in part II of this issue of the Federal Register. RIN: 2060-AP87 Environmental Protection Agency (EPA) Clean Air Act (CAA) Long-Term Actions 669. 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 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: Action NPRM NPRM Comment Period End Final Action Date FR Cite 08/24/09 74 FR 426 19 09/23/09 To Be Determined Regulatory Flexibility Analysis Required: No Government Levels Affected: None Additional Information: SAN 5307; NPRM- http://www.epa.gov/fedrgstr/EPA- AIR/2009/August/Day-24/a20290.pdf Agency Contact: Sean Hillson, Environmental Protection Agency, Air and Radiation, AASMCG, Ann Arbor, MI 48105 Phone: 734 214-4789 Fax: 734 214-4052 Email: hillson.sean@epamail.epa.gov Kurt Gustafson, Environmental Protection Agency, Air and Radiation, 6406J, Washington, DC 20460 Phone: 202 343-9219 Fax: 202 343-2800 Email: gustafson.kurt@epa.gov RIN: 2060-AP40 Environmental Protection Agency (EPA) Clean Air Act Long-Term Actions 789. PREVENTION OF SIGNIFICANT DETERIORATION OF AIR QUALITY: PERMIT APPLICATION REVIEW PROCEDURES FOR NON-FEDERAL CLASS I AREAS Priority: Other Significant Legal Authority: 42 USC 7670 to 7479; CAA 160 to 169 CFR Citation: 40 CFR 51.166; 40 CFR 52.21 Legal Deadline: None Abstract: Under the Clean Air Act's prevention of significant deterioration (PSD) program, a State or tribe may redesignate their lands as class I areas to provide enhanced protection for their air quality resources. This rule will clarify the PSD permit review procedures for new and modified major stationary sources near these non- Federal class I areas. EPA seeks to develop clarifying PSD permit application procedures that are effective, efficient, and equitable. Timetable: Action Date FR Cite ANPRM 05/16/97 62 FR 27158 ANPRM Comment 08/14/97 Period End NPRM To Be Determined Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: State, Tribal ------- Fall 2009 Regulatory Agenda 63 EPA—Clean Air Act Long-Term Actions Additional Information: SAN No. 3919 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-AHOl 790. REVIEW OF THE NATIONAL AMBIENT AIR QUALITY STANDARDS FOR OZONE Priority: Economically Significant. Major under 5 USC 801. Legal Authority: 42 USC 7408 and 7409 CFR Citation: 40 CFR 50 Legal Deadline: None Abstract: Under the Clean Air Act, 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. EPA initiated the current review in October 2008 with a workshop to discuss key policy- relevant issues around which EPA would structure the review. This review includes the preparation of an Integrated Science Assessment, Risk/Exposure Assessment, and a Policy Assessment Document by EPA, with opportunities for review by EPA's Clean Air Scientific Advisory Committee and the public. These documents inform the Administrator's proposed decision as to whether to retain or revise the standards. Timetable: Action Date FR Cite NPRM Final Action 06/00/12 03/00/13 Government Levels Affected: Federal, Local, State, Tribal Additional Information: SAN No. 5306; EPA Docket information: EPA-HQ-OAR- 2008-0699 URL For More Information: www.epa.gov/air/ozone Agency Contact: Dave Mckee, Environmental Protection Agency, Air and Radiation, C 504-06, Research Triangle Park, NC 27711 Phone: 919 541-5288 Fax: 919 541-0237 Email: mckee.dave@epa.gov Karen Martin, Environmental Protection Agency, Air and Radiation, C504-06, Research Triangle Park, NC 27711 Phone: 919 541-5274 Fax: 919 541-0237 Email: martin.karen@epa.gov RIN: 2060-APS8 791. 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 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: Regulatory Flexibility Analysis Required: No Small Entities Affected: No Action NPRM NPRM Comment Period End Final Action Date FR Cite 12/18/06 71 FR75816 02/16/07 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 Ketan Patel, Environmental Protection Agency, Air and Radiation, E143-03, RTF, NC 27711 Phone: 919 541-9736 Fax: 919 541-3470 Email: patel.ketan@epamail.epa.gov RIN: 2060-AN43 792. 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. ------- 64 Fall 2009 Regulatory Agenda EPA—Clean Air Act Long-Term Actions Timetable: Action Date FR Cite NPRM NPRM Comment Period End Final Action 05/15/03 68 FR 26249 06/16/03 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, RTF, NC 27711 Phone: 919 541-5262 Email: colyer.rick@epa.gov Lisa Conner, Environmental Protection Agency, Air and Radiation, D205-02, RTF, NC 27711 Phone: 919 541-5060 Fax: 919 541-5600 Email: conner.lisa@epamail.epa.gov RIN: 2060-AK54 793. NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR STATIONARY COMBUSTION TURBINES—PETITION TO DELIST Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined. Unfunded Mandates: Undetermined 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 requesting additional data from the petitioner regarding their petition and reviewing the additional data, the Agency proposed a partial granting of the petition by proposing to delist 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 new sources in those subcategories of turbines, delaying the imposition of control requirements for the proposed delisted new turbines until a final action is taken regarding the delisting. The Agency is waiting until the completion of the final IRIS assessment for formaldehyde before taking final action on the petition. The final IRIS action on formaldehyde is expected to occur in fall 2011. Timetable: Action Date FR Cite NPRM—Delisting NPRM—STAY NPRM—STAY Comment Period End NPRM—Delisting Comment Period End Final Action—STAY Final Action 04/07/0469 FR 18327 04/07/0469 FR 18338 05/24/04 06/07/04 08/18/04 69 FR 51184 03/00/11 Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined Federalism: Undetermined 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: Melanie King, Environmental Protection Agency, Air and Radiation, D243-01, RTF, NC 27711 Phone: 919 541-2469 Email: king.melanie@epamail.epa.gov Robert Wayland, Environmental Protection Agency, Air and Radiation, D243-01, Research Triangle Park, NC 27711 Phone: 919 541-1045 Email: wayland.robertj@epa.gov RIN: 2060-AK73 794. 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 bio-assay 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 07/19/04 69 FR 42954 Proposed Response 02/00/11 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None ------- Fall 2009 Regulatory Agenda 65 EPA—Clean Air Act Long-Term Actions Additional Information: SAN No. 4849; EPA publication information: Notice - http://a257.g.akamaitech.net/7/ 257/2422/06jun20041800/ edocket.access.gpo.gov/2004/04- 16335.htm; Agency Contact: Ken Hustvedt, Environmental Protection Agency, Air and Radiation, E143-01, RTF, NC 27711 Phone: 919 541-5395 Fax: 919 685-3200 Email: hustvedt.ken@epa.gov RIN: 2060-AM20 795. 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: Undetermined Government Levels Affected: None Additional Information: SAN No. 5281 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 796. 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 Final Action To Be Determined To Be Determined Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest. Additional Information: SAN No. 4819 URL For More Information: www.epa.gov\ozone\mbr Agency Contact: Ross Brennan, Environmental Protection Agency, Air and Radiation, 6205J, Washington, DC 20460 Phone: 202 343-9226 Fax: 202 343-2338 Email: brennan.ross@epamail.epa.gov RIN: 2060-AL94 797. PROTECTION OF STRATOSPHERIC OZONE: 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: Using authority under section 608 of the Clean Air Act, EPA has established a certification program for refrigerant recovery and recycling equipment. Recovery equipment is specific to the refrigerant and as alternative refrigerants enter the market, new equipment to capture those refrigerants also enter the market. This action would amend the existing provisions to reflect that new equipment. Timetable: Action Date FR Cite NPRM To Be Determined Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: None Additional Information: SAN No. 4916 URL For More Information: www.epa.gov\ozone\title6\608 Agency Contact: Sally Hamlin, Environmental Protection Agency, Air and Radiation, 6205J, Washington, DC 20460 Phone: 202 343-9711 Fax: 202 565-2155 Email: hamlin.sally@epamail.epa.gov RIN: 2060-AM49 798. 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 ------- 66 Fall 2009 Regulatory Agenda EPA—Clean Air Act Long-Term Actions Refrigerant Recycling Regulations governing standards for certifying programs for technicians were promulgated under section 608 of the Clean Air Act Amendments of 1990 in 1994. This rule would update parts of the regulations concerning the technician certification examination. The examination 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: Undetermined 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 20005 Phone: 202 343-9337 Fax: 202 343-2342 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 799. PROTECTION OF STRATOSPHERIC OZONE: LABELING OF PRODUCTS USING HCFCS Priority: Other Significant Legal Authority: 42 USC 7601; 42 USC 7671J CFR Citation: 40 CFR 82 Legal Deadline: None Abstract: In accordance with section 611 of the Clean Air Act, this action would require a warning statement on containers or products made with or containing a Class II ozone depleting substance (ODS). EPA promulgated a similar rule in 1993 for containers or products made with or containing Class I ODS. Such rules may help consumers and others make more informed choices about using products which damage the stratospheric ozone layer, resulting in increased skin damage and cancers. 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 20005 Phone: 202 343-9337 Fax: 202 343-2342 Email: shimamura.monica@epamail.epa.gov Bella Maranion, Environmental Protection Agency, Air and Radiation, 6205J, Washington, DC 20460 Phone: 202 343-9749 Email: maranion.bella@epamail.epa.gov RIN: 2060-AO68 800. 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: Under the Significant New Alternatives Policy (SNAP) program, EPA evaluates alternatives to ozone- depleting substances to ensure that they do not increase overall risks to human health and the environment. If finalized as proposed, this rule would expand the list of acceptable substitutes (subject to use conditions) for use in the motor vehicle air conditioning (MVAC) sector. EPA has already issued a final rule for the other subtitle addressed in this proposal, R-152a. This final action pertains to R-744. Timetable: Action Date FR Cite NPRM NPRM Comment Period End First Final Action Second Final Action 09/21/06 71 FR55140 10/23/06 06/12/08 73 FR 33304 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. 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: 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 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 801. 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 ------- Fall 2009 Regulatory Agenda 67 EPA—Clean Air Act Long-Term Actions 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 either use restrictions or narrowed use limits 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. Carbon dioxide is currently listed as an "acceptable" total flooding substitute for ozone-depleting halons. Carbon dioxide total flooding systems are used in industrial applications such as automobile paint rooms and in marine applications such as machinery spaces. Recent changes to national fire protection industry standards reflect a need to improve personnel safety requirements for carbon dioxide systems by limiting its applications. Based on new information on the continued and growing use of carbon dioxide total flooding fire extinguishing systems, EPA is proposing to revise the listing to "acceptable subject to narrowed use limits" to ensure that the use of this agent does not pose greater risk than other substitutes that are available. Use would be limited to unoccupied areas where personnel could not be exposed to lethal concentration of the agent. 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 Email: maranion.bella@epamail.epa.gov RIN: 2060-AN30 802. ACCIDENTAL RELEASE PREVENTION REQUIREMENTS: RISK MANAGEMENT PROGRAMS UNDER THE CLEAN AIR ACT Priority: Info./Admin./Other Legal Authority: 42 USC 7412(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 803. NESHAP: POLYVINYL CHLORIDE AND COPOLYMERS PRODUCTION, AMENDMENTS Priority: Substantive, Nonsignificant Legal Authority: 42 USC 7412 CFR Citation: 40 CFR 63.210 to 63.217 Legal Deadline: None Abstract: This action will amend the National Emission Standards for Hazardous Air Pollutants (NESHAP) for Polyvinyl Chloride and Copolymers. These standards were 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: 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: 919 541-4607 Fax: 919-541-0246 Email: howard.jodi@epamail.epa.gov ------- 68 Fall 2009 Regulatory Agenda EPA—Clean Air Act Long-Term Actions KG Hustvedt, Environmental Protection Agency, Air and Radiation, E143-01, RTF, NC 27711 Phone: 919 541-5395 Email: hustvedt.ken@epa.gov RIN: 2060-AN33 804. NSPS: SOCMI—WASTEWATER AND AMENDMENT TO APPENDIX C OF PART 63 AND APPENDIX J OF PART 60 Priority: Substantive, Nonsignificant Legal Authority: 42 USC 7411 CFR Citation: 40 CFR 60 app J to part 60; 40 CFR 63 app C to part 63 Legal Deadline: None Abstract: These standards are based on a combination of control techniques that require removal or destruction of volatile organic compounds from wastewater at synthetic organic chemical manufacturing industry plants. Designated chemical process units, i.e., process lines or process units, would be subject to the rule. Constructed, reconstructed, or modified designated chemical process units would be required to apply appropriate controls to affected wastewater tanks, surface impoundments, containers, individual drain systems, and oil and water separators, and to treat process wastewater to remove or destroy the volatile organic compounds. On September 12, 1994, EPA proposed Standards of Performance for New Stationary Sources: Volatile Organic Compound Emissions from the Synthetic Organic Chemical Manufacturing Industry (SOCMI) Wastewater (40 CFR part 60, subpart YYY). On October 11, 1995, the EPA issued a supplemental proposal, which clarified and revised the previously proposed rule. On December 9, 1998, EPA published a supplement to the proposed rule that consisted of revised definitions, alternative test procedures, and clarifications of requirements, and that proposed to add Appendix J to 40 CFR part 60. In conjunction with the rule development for the NSPS, amendments to appendix C to part 63 were proposed on June 30, 2004. The final rule will encompass the clarifications and revisions to subpart YYY, appendix J, and 40 CFR part 63, appendix C. Timetable: Action Date FR Cite Action Date FR Cite NPRM(NSPS) 09/12/94 59 FR 46780 Supplemental NPRM 10/11/95 60 FR 52889 1 Supplemental NPRM 11/13/95 1 Comment Period End Supplemental NPRM 12/09/98 63 FR 67988 2 Supplemental NPRM 02/08/99 2 Comment Period End NPRM Amendment 06/30/04 69 FR 39383 NPRM Amendment 08/30/04 Comment Period End Supplemental NPRM 08/00/14 Final Action 10/00/15 Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses Government Levels Affected: None Additional Information: SAN No. 3380; EPA publication information: Supplemental NPRM 2— http ://www. epa.gov/fedrgstr/EPA- AIR/1998/December/Day- 09/a28472a.htm; EPA Docket information: EPA-HQ-OAR-2003-0191 Sectors Affected: 3251 Basic Chemical Manufacturing Agency Contact: Mary Kissell, Environmental Protection Agency, Air and Radiation, E143-01, RTF, NC 27711 Phone: 919 541-1516 Fax: 919 685-3219 Email: kissell.mary@epa.gov Kent Hustvedt, Environmental Protection Agency, Air and Radiation, E143-01, RTF, NC 27711 Phone: 919 541-5395 Email: hustvedt.ken@epa.gov RIN: 2060-AE94 805. PERFORMANCE SPECIFICATIONS FOR CONTINUOUS PARAMETER MONITORING SYSTEMS Priority: Substantive, Nonsignificant Legal Authority: 42 USC 74l2(b)(5) et seq CFR Citation: 40 CFR 63 subpart SS; 40 CFR 63.8; 40 CFR 60 app B; 40 CFR 60 app F Legal Deadline: None Abstract: 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 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 to determine compliance exist. 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 NPRM Comment Period Extended Reproposal Final Action 10/09/08 73 FR 59956 12/03/08 73 FR 73629 06/00/1 0 05/00/1 1 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@epamail.epa.gov Bob Schell, Environmental Protection Agency, Air and Radiation, D243-05, RTF, NC 27711 Phone: 919 541-4116 Fax: 919 541-3207 ------- Fall 2009 Regulatory Agenda 69 EPA—Clean Air Act Long-Term Actions Email: schell.bob@epamail.epa.gov RIN: 2060-AJ86 806. LIFTING THE STAY OF THE 8-HOUR PORTION OF THE FINDINGS OF SIGNIFICANT CONTRIBUTION AND RULEMAKING FOR PURPOSES OF REDUCING INTERSTATE OZONE TRANSPORT ("NOX SIP CALL") Priority: Other Significant Legal Authority: 42 USC 7401 et seq CFR Citation: 40 CFR 51.121 Legal Deadline: None Abstract: In the Nitrogen Oxides State Implementation Plan Call (NOx SIP Call)(63 FR 57356, October 27, 1998), EPA found that emissions of NOx from 22 States and the District of Columbia (hereinafter referred to as '23 States') significantly contribute to downwind areas' nonattainment of the 1-hour ozone NAAQS. EPA also separately found that NOx emissions from the same 23 States significantly contribute to downwind nonattainment of the 8- hour ozone NAAQS. Subsequently, the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) remanded the 8-hour ozone NAAQS. [American Trucking Associations, Inc. v. EPA, 175 F.3d 1027 on rehearing 195 F.3d 4 (D.C. Cir. 1999).] EPA stayed the 8-hour basis of the NOx SIP Call rule on September 18, 2000 (65 FR 56245) based on the uncertainty created by the D.C. Circuit's decision. EPA has now completed the actions necessary to address the aforementioned remand, and therefore is now conducting rulemaking to lift the stay. EPA is proposing to lift the stay of our findings in the NOx SIP Call contained in 40 CFR sec 51.121(a)(2), related to the 8- hour ozone 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: 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 27709 Phone: 919 541-2940 Fax: 919 541-0824 Email: jones.rhea@epa.gov RIN: 2060-AL84 807. 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 NPRM; Extension of Comment Period NPRM Comment Period End Final Action 01/03/07 72FR69 03/05/07 72 FR 9718 03/05/07 To Be Determined Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal, Local, State, Tribal Additional Information: SAN No. 4908; EPA publication information: NPRM— http ://www. epa.gov/fedrgstr/EPA- AIR/2007/January/Day-03/a22283.htm; EPA Docket information: EPA-HQ- OAQ-2004-0094 Agency Contact: Rick Colyer, Environmental Protection Agency, Air and Radiation, D205-02, RTF, NC 27711 Phone: 919 541-5262 Email: colyer.rick@epa.gov Lisa Conner, Environmental Protection Agency, Air and Radiation, D205-02, RTF, NC 27711 Phone: 919 541-5060 Fax: 919 541-5600 Email: conner.lisa@epamail.epa.gov RIN: 2060-AM75 808. NESHAP: TACONITE IRON ORE PROCESSING; AMENDMENTS Priority: Other Significant Legal Authority: Clean Air Act 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. EPA is planning to address both remands when this NESHAP is due for the Risk and Technology Review (RTR) in 2011. 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. 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 27711 Phone: 919 541-2837 Fax: 919 541-3207 Email: fruh.steve@epa.gov RIN: 2060-AM87 809. 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 ------- 70 Fall 2009 Regulatory Agenda EPA—Clean Air Act Long-Term Actions 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 Juan Santiago, Environmental Protection Agency, Air and Radiation, C339-03, RTF, NC 27711 Phone: 919 541-1084 Fax: 919 541-5509 Email: santiago.juan@epamail.epa.gov RIN: 2060-AN65 810. NESHAP: MISCELLANEOUS ORGANIC CHEMICAL MANUFACTURING—AMENDMENTS Priority: Substantive, Nonsignificant Legal Authority: 42 USC 7412 CFR Citation: 40 CFR 63 Legal Deadline: None Abstract: On November 10, 2003, EPA promulgated national emission standards for hazardous air pollutants (NESHAP) for miscellaneous organic chemical manufacturing. The rule is referred to as the miscellaneous organic NESHAP or the MON. The MON incorporates by reference the wastewater tank requirements in the National Emission Standards for Organic Hazardous Air Pollutants From the Synthetic Organic Chemical Manufacturing Industry for Process Vents, Storage Vessels, Transfer Operations, and Wastewater, which EPA promulgated on April 24, 1994, and which is referred to as the hazardous organic NESHAP or the HON. On August 6, 2008, EPA proposed amending the HON, and thereby, the MON, by adding an equivalent means of emission limitation for wastewater tanks. Timetable: Timetable: Action Date FR Cite NPRM NPRM Comment Period End Final Action 08/06/08 73 FR 45673 09/22/08 To Be Determined 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: 919 541-0246 Email: mcdonald.randy@epa.gov Ken Hustvedt, Environmental Protection Agency, Air and Radiation, E143-01, RTF, NC 27711 Phone: 919 541-5395 Fax: 919 685-3200 Email: hustvedt.ken@epa.gov RIN: 2060-AO07 811. PLYWOOD AND COMPOSITE WOOD PRODUCTS (PCWP) NESHAP— AMENDMENTS TO ADDRESS "NO EMISSION REDUCTION" MACT FLOORS Priority: Other Significant. Major status under 5 USC 801 is undetermined. Legal Authority: Clean Air Act sec 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. 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, 1200 Pennsylvania Avenue NW, RTF, NC 27711 Phone: 919 541-5335 Fax: 919 541-3470 Email: dunkins.robin@epamail.epa.gov RIN: 2060-AO66 812. 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 to 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 To Be Determined Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: None Additional Information: SAN No. 5206 URL For More Information: http://www.epa.gov/ozone/snap Agency Contact: Cindy Newberg, Environmental Protection Agency, Air ------- Fall 2009 Regulatory Agenda 71 EPA—Clean Air Act Long-Term Actions and Radiation, 6205J, Washington, DC 20460 Phone: 202 343-9729 Email: newberg.cindy@epamail.epa.gov RIN: 2060-AO75 813. RISK TECHNOLOGY PHASE II GROUP 2B Priority: Other Significant Legal Authority: CAA sec ll2(f)(2); CAA sec 112(d)(6) CFR Citation: Not Yet Determined Legal Deadline: None Abstract: This action is the Risk and Technology Review (RTR) Group 2B. It will address both EPA's obligation under CAA section 112(f)(2) and 112(d)(6) to conduct a residual risk review and to conduct a technology review. 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). These actions are part of ongoing settlement discussions and the projects and dates are likely to change. Rapids will be updated when the dates are final. 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, RTF, NC 27711 Phone: 919 541-4516 Fax: 919 685-3219 Email: kissell.mary@epa.gov Ken Hustvedt, Environmental Protection Agency, Air and Radiation, E143-01, RTF, NC 27711 Phone: 919 541-5395 Fax: 919 685-3200 Email: hustvedt.ken@epa.gov RIN: 2060-AO92 814. RESPONSE TO SECTION 126 PETITION FROM WARRICK COUNTY, INDIANA, AND THE TOWN OF NEWBURGH, INDIANA Priority: Info./Admin./Other Legal Authority: Clean Air Act sec 126 CFR Citation: Not Yet Determined Legal Deadline: None Abstract: This rulemaking will respond to a petition submitted by Warrick County, Indiana, and the Town of Newburgh, Indiana, under section 126 of the Clean Air Act. The petition requests that EPA make a finding that a power plant being proposed to be built in Henderson County, Kentucky (Cash Creek), will emit air pollutants that will significantly contribute to nonattainment in, or interfere with maintenance by, Warrick County and Newburgh, Indiana, with respect to the national ambient air quality standards for ozone and particulate matter. Based on such a finding, the petition requests that EPA establish emission limitations for the proposed power plant to prevent the significant contribution. Timetable: Action Date FR Cite NPRM To Be Determined Regulatory Flexibility Analysis Required: No Small Entities Affected: Organizations Government Levels Affected: None Additional Information: SAN No. 5268 Agency Contact: Carla Oldham, Environmental Protection Agency, Air and Radiation, C539-04, Research Triangle Park, NC 27711 Phone: 919 541-3347 Fax: 919 541-0824 Email: oldham.carla@epamail.epa.gov Rhea Jones, Environmental Protection Agency, Air and Radiation, C539-04, RTF, NC 27709 Phone: 919 541-2940 Fax: 919 541-0824 Email: jones.rhea@epa.gov RIN: 2060-AP21 815. NESHAP: GROUP I AND IV POLYMERS AND RESINS: AMENDMENTS Priority: Other Significant Unfunded Mandates: Undetermined Legal Authority: Not Yet Determined CFR Citation: Not Yet Determined Legal Deadline: None Abstract: This action amends the final MACT rule for Group IV Polymers and Resins (subpart JJJ) under National Emission Standard for Hazardous Air Pollutants (NESHAP) for thermoplastics (Group IV polymers and Resins) by addressing a petition by Arteva Specialties for reconsideration concerning subcategorization and the control requirements for leaking equipment. The action will clarify the categorization of polyethylene terephthalate (PET) resin using the continuous terephthalic acid high- viscosity multiple end finisher process and determine whether the cost analysis used to regulate leaking equipment should be based on individual component types rather than the aggregated approach used in the final rule. Timetable: Action Date FR Cite NPRM To Be Determined 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: 919 541-0246 Email: mcdonald.randy@epa.gov Ken Hustvedt, Environmental Protection Agency, Air and Radiation, E143-01, RTF, NC 27711 Phone: 919 541-5395 Fax: 919 685-3200 Email: hustvedt.ken@epa.gov RIN: 2060-AP25 ------- 72 Fall 2009 Regulatory Agenda EPA—Clean Air Act Long-Term Actions 816. NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR AREA SOURCES: ELECTRIC ARC FURNACE STEELMAKING FACILITIES; AMENDMENTS Priority: Other Significant Legal Authority: Clean Air Act sec 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: Action Date FR Cite NPRM Direct Final Rule NPRM Comment Period End Withdrawal of Direct Final Rule Final Action 12/01/08 73 FR 72756 12/01/08 73 FR 72727 12/31/08 02/26/09 74 FR 8756 07/00/11 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 27711 Phone: 919 541-2837 Fax: 919 541-3207 Email: fruh.steve@epa.gov RIN: 2060-AP44 817. 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). North Carolina submitted a petition on March 18, 2004, 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 in conjunction with issuing the CAIR Federal implementation plan rule. As a result of a remand of the CAIR, the legal basis for denying the PM part of North Carolina's petition no longer exists. On March 5, 2009, the D.C. Circuit of Appeals granted our motion for voluntary remand of our decision to deny North Carolina's petition. 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. 5347 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 27709 Phone: 919 541-2940 Fax: 919 541-0824 Email: jones.rhea@epa.gov RIN: 2060-APS 1 818. 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: Undetermined Legal Authority: Clean Air Act sec CFR Citation: 40 CFR 63 Legal Deadline: None Abstract: On May 18, 2005 (70 FR 28606), EPA published a final rule requiring reductions in emissions of mercury and other air toxics from Electric Utility Steam Generating Units. That rule was vacated on February 8, 2008, by the U.S. Court of Appeals for the District of Columbia Circuit. As a result of that vacatur, coal- and oil-fired electric utility steam generating units remain on the list of sources that must be regulated under section 112 of the Clean Air Act. The Agency will develop standards under CAA section 11 2 (d), which will reduce hazardous air pollutant (HAP) emissions from this source category. Recent court decisions on other CAA section 112(d) rules will be considered in developing this regulation. Timetable: Action Date FR Cite NPRM Final Action To Be Determined To Be Determined Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined Federalism: Undetermined Additional Information: SAN No. 5349; EPA Docket information: EPA-HQ-OAR- 2009-0234 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@epa.gov Robert J. Wayland, Environmental Protection Agency, Air and Radiation, D243-01, RTF, NC 27711 Phone: 919 541-1045 Fax: 919 541-5450 ------- Fall 2009 Regulatory Agenda 73 EPA—Clean Air Act Long-Term Actions Email: wayland.robertj@epamail.epa.gov RIN: 2060-AP52 819. • RESPONSE TO SECTION 126 PETITION FROM DELAWARE Priority: Info./Admin./Other Unfunded Mandates: Undetermined Legal Authority: Not Yet Determined CFR Citation: Not Yet Determined Legal Deadline: Final, Statutory, August 13, 2009, As a result of the 2/20/09 6-month extension, the deadline for EPA to act on the petition is now 8/13/09. Abstract: EPA is proposing to take action on a petition submitted by Delaware under section 126 of the Clean Air Act. On December 18, 2008, EPA received Delaware's section 126 petition. In this petition, Delaware seeks emissions reductions from large electric generating units in a number of upwind States, in order to reduce the contributions from their emissions to PM2.5 and ozone problems in Delaware. 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. 5353 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 27709 Phone: 919 541-2940 Fax: 919 541-0824 Email: jones.rhea@epa.gov RIN: 2060-AP60 820. • IMPLEMENTING THE 1997 8-HOUR OZONE NAAQS: SECTION 185 PENALTY FEE PROVISIONS 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 Standards (NAAQS) to address how the Clean Air Act section 185 penalty fee provisions apply under the anti- backsliding provisions of the implementation rule. This action will respond to the partial vacatur issued by the U.S. Court of Appeals for the District of Columbia Circuit. Timetable: Action Date FR Cite NPRM To Be Determined Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal, Local, State Additional Information: SAN No. 5194.3; EPA publication information: NPRM— http ://www. epa.gov/fedrgstr/EPA- AIR/2009/January/Day-16/a806.pdf; Split from RIN 2060-AO96; EPA Docket information: EPA-HQ-OAR-2007-0956 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 RIN: 2060-AP68 821. • NESHAP: BRICK AND STRUCTURAL CLAY AND CLAY CERAMICS Priority: Other Significant Unfunded Mandates: Undetermined Legal Authority: Not Yet Determined CFR Citation: Not Yet Determined Legal Deadline: None Abstract: This rulemaking will establish emission limits for hazardous air pollutants (HF, HC1, and metals) emitted from brick and clay ceramics kilns and glazing operations at clay ceramics production facilities. The brick and structural clay products industry primarily includes facilities that manufacture brick, clay, pipe, roof tile, extruded floor and wall tile, and other extruded dimensional clay products from clay, shale, or a combination of the two. The manufacturing of brick and structural clay products involves mining, raw material processing (crushing, grinding, and screening), mixing, forming, cutting or shaping, drying, and firing. Ceramics are defined as a class of inorganic, nonmetallic solids that are subject to high temperature in manufacture and/or use. The clay ceramics manufacturing source category includes facilities that manufacture traditional ceramics, which include ceramic tile, dinnerware, sanitary ware, pottery, and porcelain. The primary raw material used in the manufacture of these traditional ceramics is clay. The manufacturing of clay ceramics involves raw material processing (crushing, grinding, and screening), mixing, forming, shaping, drying, glazing, and firing. 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. 5367 Agency Contact: Jeff Telander, Environmental Protection Agency, Air and Radiation, 1200 Pennsylvania Avenue NW, Washington, DC 20460 Phone: 919 541-5427 Fax: 919 541-5600 Email: telander.jeff@epamail.epa.gov Steve Fruh, Environmental Protection Agency, Air and Radiation, D243-02, RTF, NC 27711 Phone: 919 541-2837 Fax: 919 541-3207 Email: fruh.steve@epa.gov RIN: 2060-AP69 822. • NESHAP STANDARD STANDARDS FOR PETROLEUM REFINERIES—WASTEWATER Priority: Other Significant Legal Authority: CAA H2(f)(2); CAA 112(d)(6); CAA 112(d)(2) and 112(d)(3) ------- 74 Fall 2009 Regulatory Agenda EPA—Clean Air Act Long-Term Actions CFR Citation: 40 CFR 63 (Revision) Legal Deadline: None Abstract: Under the Clean Air Act (CAA) section 112(d)(6), EPA is required to review standards issued under section 112 and to revise them no less frequently than every 8 years. EPA also must evaluate the Maximum Achievable Control technology (MACT ) standards within 8 years and promulgate standards under section 112(f)(2) if required to provide an ample margin of safety. EPA is also required to conduct review of our new source performance standards under section 111 every 8 years. We are currently reviewing our existing standards and also the underlying rules that are often referenced by these standards, such as the Benzene Waste Operations NESHAP. As a result of this review, we have noted the need to consolidate rule requirements, and to update control requirements based on the risk and technology reviews under both section 112 and 111. Additionally, we recognize that most chemical and refinery sector operations have similar emission sources that are often required to be controlled to the similar levels by the same type of control devices and work practice standards, although on a piecemeal fashion such that the requirements may differ slightly from source to source without any tangible environmental benefits. We are therefore developing a limited number of rules (standard standards) that are consistent and that can be applied to numerous sources in the chemicals and refining sector. This effort will consist of developing the wastewater standard, including developing control options to address technology review under both section 112 and 111, addressing the control of VOC, HAP, and other pollutants, as appropriate, estimating the impacts of regulatory options, emission reductions, impacts on risk, costs, cost effectiveness, and economic impacts for the refining and chemicals sector. Timetable: Action Date FR Cite NPRM 01/00/11 Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: None Additional Information: SAN No. 5093.4; EPA publication information: Supplemental NPRM— http ://www. epa.gov/fedrgstr/EPA- AIR/2008/November/Day- 10/a26403.pdf; Split from RIN 2060- AO55. Split from RIN 2060-AN85. Agency Contact: Bob Lucas, Environmental Protection Agency, Air and Radiation, E143-01, RTF, NC 27711 Phone: 919 541-0884 Fax: 919 541-0246 Email: lucas.bob@epa.gov Ken Hustvedt, Environmental Protection Agency, Air and Radiation, E143-01, RTF, NC 27711 Phone: 919 541-5395 Fax: 919 685-3200 Email: hustvedt.ken@epa.gov RIN: 2060-AP70 823. • PREVENTION OF SIGNIFICANT DETERIORATION (PSD) AND NONATTAINMENT NEW SOURCE REVIEW (NSR): REASONABLE POSSIBILITY IN RECORDKEEPING; RECONSIDERATION Priority: Other Significant Legal Authority: CAA title 1, C and D CFR Citation: 40 CFR 51 app S; 40 CFR 51.165 and 51.166; 40 CFR 52.21 Legal Deadline: None Abstract: The EPA is convening a proceeding for reconsideration of a final rule published in the Federal Register on December 21, 2007 (72 FR 62607). The subject rule was promulgated in response to a remand by the U.S. Court of Appeals for the District of Columbia Circuit in New York v. EPA, 413 F.3d 3 (D.C. Cir. 2005), in order to clarify the "reasonable possibility" recordkeeping and reporting standard under the New Source Review (NSR) program. After review of issues raised by the State of New Jersey by petition and letter, we have decided to exercise our discretion to conduct a reconsideration of this final rule and will therefore be reopening the public comment period for the rule. The rule will remain in effect while our reconsideration proceeding is under way. 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. 5076.1; EPA publication information: NPRM— http://www.epa.gov/fedrgstr/EPA- AIR/2007/March/Day-08/a3897.htm; Split from RIN 2060-AN88; EPA Docket information: EPA-HQ-OAR-2001-0004 Agency Contact: Lisa Sutton, Environmental Protection Agency, Air and Radiation, C504-03, RTF, NC 27711 Phone: 919 541-3450 Fax: 919 541-1039 Email: sutton.lisa@epamail.epa.gov Raj Rao, Environmental Protection Agency, Air and Radiation, C504-02, RTF, NC 27711 Phone: 919 541-5344 Fax: 919 541-5509 Email: rao.raj@epamail.epa.gov RIN: 2060-AP71 824. • REVIEW OF NEW SOURCE PERFORMANCE STANDARDS AND CONTROL TECHNIQUES GUIDELINES—OIL AND NATURAL GAS ACTIVITIES Priority: Other Significant Unfunded Mandates: Undetermined Legal Authority: CAA ill CFR Citation: Not Yet Determined Legal Deadline: None Abstract: New Source Performance Standards (NSPS) regulate criteria pollutants from new stationary sources. Two NSPS for the oil and natural gas industry were promulgated in 1985. Section 111 of the Clean Air Act requires that NSPS be reviewed every 8 years, and revised as appropriate. The development of control techniques guidelines for criteria pollutants will also be considered under this action. Timetable: Action Date FR Cite NPRM To Be Determined Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: None Additional Information: SAN No. 5369 Agency Contact: Dave Salman, Environmental Protection Agency, Air and Radiation, E143-01, Research Triangle Park, NC 27709 Phone: 919 541-0859 Fax: 919 541-0246 ------- Fall 2009 Regulatory Agenda 75 EPA—Clean Air Act Long-Term Actions Email: salman.dave@epamail.epa.gov Ken Hustvedt, Environmental Protection Agency, Air and Radiation, E143-01, RTF, NC 27711 Phone: 919 541-5395 Fax: 919 685-3200 Email: hustvedt.ken@epa.gov RIN: 2060-AP76 825. • NESHAP STANDARD STANDARDS FOR PETROLEUM REFINERIES— EQUIPMENT LEAKS Priority: Other Significant Legal Authority: CAA sec H2(f)(2); CAA 112(d)(6); CAA 112(d)(2) and CFR Citation: 40 CFR 63 (Revision) Legal Deadline: None Abstract: Under the Clean Air Act (CAA) section 112(d)(6), EPA is required to review standards issued under section 112 and to revise them no less frequently than every 8 years. EPA also must evaluate the Maximum Achievable Control technology (MACT ) standards within 8 years and promulgate standards under section 112(f)(2) if required to provide an ample margin of safety. EPA is also required to conduct review of our new source performance standards under section 111 every 8 years. We are currently reviewing our existing standards and also the underlying rules that are often referenced by these standards. As a result of this review, we have noted the need to consolidate rule requirements, and to update control requirements based on the risk and technology reviews under both section 112 and 111. Additionally, we recognize that most chemical and refinery sector operations have similar emission sources that are often required to be controlled to the similar levels by the same type of control devices and work practice standards, although on a piecemeal fashion such that the requirements may differ slightly from source to source without any tangible environmental benefits. We are therefore developing a limited number of rules (standard standards) that are consistent and that can be applied to numerous sources in the chemicals and refining sector. This effort will consist of developing the equipment leaks standard, including developing control options to address technology review under both section 112 and 111, addressing the control of VOC, HAP, and other pollutants, as appropriate, estimating the impacts of regulatory options, emission reductions, impacts on risk, costs, cost effectiveness, and economic impacts for the refining and chemicals sector. Timetable: Action Date FR Cite NPRM To Be Determined Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: None Additional Information: SAN No. 5093.5; EPA publication information: Supplemental NPRM - http ://www. epa.gov/fedrgstr/EPA- AIR/2008/November/Day- 10/a26403.pdf; Split from RIN 2060- AP70. Split from RIN 2060-AO55. Split from RIN 2060-AN85. Agency Contact: Bob Lucas, Environmental Protection Agency, Air and Radiation, E143-01, RTF, NC 27711 Phone: 919 541-0884 Fax: 919 541-0246 Email: lucas.bob@epa.gov Ken Hustvedt, Environmental Protection Agency, Air and Radiation, E143-01, RTF, NC 27711 Phone: 919 541-5395 Fax: 919 685-3200 Email: hustvedt.ken@epa.gov RIN: 2060-AP81 826. • NESHAP STANDARD STANDARDS FOR PETROLEUM REFINERIES—PROCESS VENTS AND CONTROL DEVICES Priority: Other Significant Legal Authority: CAA sec H2(f)(2); CAA 112(d)(6); CAA 112(d)(2) and (3) CFR Citation: 40 CFR 63 (Revision) Legal Deadline: None Abstract: Under the Clean Air Act (CAA) section 112 (d)(6), EPA is required to review standards issued under section 112 and to revise them no less frequently than every 8 years. EPA also must evaluate the Maximum Achievable Control technology (MACT ) standards within 8 years and promulgate standards under section 112 (f)(2) if required to provide an ample margin of safety. EPA is also required to conduct review of our new source performance standards under section 111 every 8 years. We are currently reviewing our existing standards and also the underlying rules that are often referenced by these standards. As a result of this review, we have noted the need to consolidate rule requirements, and to update control requirements based on the risk and technology reviews under both section 112 and 111. Additionally, we recognize that most chemical and refinery sector operations have similar emission sources that are often required to be controlled to the similar levels by the same type of control devices and work practice standards, although on a piecemeal fashion such that the requirements may differ slightly from source to source without any tangible environmental benefits. We are therefore developing a limited number of rules (standard standards) that are consistent and that can be applied to numerous sources in the chemicals and refining sector. This effort will consist of developing the process vents and control device standard, including developing control options to address technology review under both section 112 and 111, addressing the control of VOC, HAP, and other pollutants, as appropriate, estimating the impacts of regulatory options, emission reductions, impacts on risk, costs, cost effectiveness, and economic impacts for the refining and chemicals sector. Timetable: Action Date FR Cite NPRM To Be Determined Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: None Additional Information: SAN No. 5093.6; EPA publication information: Supplemental NPRM - http://www.epa.gov/fedrgstr/EPA- AIR/2008/November/Day- 10/a26403.pdf; Split from RDM 2060- AP70. Split from RIN 2060-AO55. Split from RIN 2060-AN85. Agency Contact: Bob Lucas, Environmental Protection Agency, Air and Radiation, E143-01, RTF, NC 27711 Phone: 919 541-0884 Fax: 919 541-0246 Email: lucas.bob@epa.gov Ken Hustvedt, Environmental Protection Agency, Air and Radiation, E143-01, RTF, NC 27711 Phone: 919 541-5395 Fax: 919 685-3200 ------- 76 Fall 2009 Regulatory Agenda EPA—Clean Air Act Long-Term Actions Email: hustvedt.ken@epa.gov RIN: 2060-AP82 827. • NESHAP STANDARD STANDARDS FOR PETROLEUM REFINERIES— STORAGE VESSELS AND TRANSFER OPERATIONS Priority: Other Significant Legal Authority: CAA sec H2(f)(2); CAA 112(d)(6); CAA 112(d)(2) and CFR Citation: 40 CFR 63 (Revision) Legal Deadline: None Abstract: Under the Clean Air Act (CAA) section 112(d)(6), EPA is required to review standards issued under section 112 and to revise them no less frequently than every 8 years. EPA also must evaluate the Maximum Achievable Control technology (MACT) standards within 8 years and promulgate standards under section 112(f)(2) if required to provide an ample margin of safety. EPA is also required to conduct review of our new source performance standards under section 111 every 8 years. We are currently reviewing our existing standards and also the underlying rules that are often referenced by these standards. As a result of this review, we have noted the need to consolidate rule requirements, and to update control requirements based on the risk and technology reviews under both section 112 and 111. Additionally, we recognize that most chemical and refinery sector operations have similar emission sources that are often required to be controlled to the similar levels by the same type of control devices and work practice standards, although on a piecemeal fashion such that the requirements may differ slightly from source to source without any tangible environmental benefits. We are therefore developing a limited number of rules (standard standards) that are consistent and that can be applied to numerous sources in the chemicals and refining sector. This effort will consist of developing the storage vessels and transfer operations standard, including developing control options to address technology review under both section 112 and 111, addressing the control of VOC, HAP, and other pollutants, as appropriate, estimating the impacts of regulatory options, emission reductions, impacts on risk, costs, cost effectiveness, and economic impacts for the refining and chemicals sector. Timetable: Action Date FR Cite NPRM To Be Determined Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: None Additional Information: SAN No. 5093.7; EPA publication information: Supplemental NPRM - http ://www. epa.gov/fedrgstr/EPA- AIR/2008/November/Day- 10/a26403.pdf; Split from RIN 2060- AP70. Split from RIN 2060-AO55. Split from RIN 2060-AN85. Agency Contact: Bob Lucas, Environmental Protection Agency, Air and Radiation, E143-01, RTF, NC 27711 Phone: 919 541-0884 Fax: 919 541-0246 Email: lucas.bob@epa.gov Ken Hustvedt, Environmental Protection Agency, Air and Radiation, E143-01, RTF, NC 27711 Phone: 919 541-5395 Fax: 919 685-3200 Email: hustvedt.ken@epa.gov RIN: 2060-AP83 828. • FEDERAL REFERENCE METHOD FOR LEAD IN TOTAL SUSPENDED PARTICULATE MATTER Priority: Substantive, Nonsignificant Unfunded Mandates: Undetermined Legal Authority: Not Yet Determined CFR Citation: Not Yet Determined Legal Deadline: None Abstract: On November 12, 2008, EPA substantially strengthened the national ambient air quality standards (NAAQS) for lead. EPA revised the level of the primary (health-based) standard from 1.5 micrograms per cubic meter (|j,g/m3) to 0.15|ig/m3, measured as total suspended particles (TSP) and revised the secondary (welfare-based) standard to be identical in all respects to the primary standard. In conjunction with strengthening the lead (Pb) NAAQS, EPA identified the need for States to improve existing lead monitoring networks. Depending on specific circumstances, States may have the option of using monitoring for either lead in TSP (Pb-TSP) or lead in PM10 (Pb-PMlO) using approved Federal Reference Methods (FRMs) or Federal Equivalent Methods (FEMs) to meet monitoring requirements. To support new monitoring requirements, an FRM for Pb-PMlO was developed with the November 8, 2008, rulemaking. The FRM for Pb-TSP was left unchanged. The Pb-TSP FRM was promulgated in 1978. EPA recognizes that significant advances in measurement technology have been made since the promulgation of the original FRM. In order to support new monitoring requirements for Pb- TSP and update the FRM to improve it based on advanced measurement technology, a new FRM must be developed. Timetable: Action Date FR Cite NPRM 01/00/11 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 5388 Agency Contact: Joann Rice, Environmental Protection Agency, Air and Radiation, C304-06, RTF, NC 27711 Phone: 919 541-3372 Fax: 919 541-1903 Email: rice.joann@epamail.epa.gov 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 RIN: 2060-AP89 ------- Fall 2009 Regulatory Agenda 77 Environmental Protection Agency (EPA) Clean Air Act Completed Actions 829. NESHAP: AREA SOURCE STANDARDS—ALUMINUM, COPPER, AND OTHER NONFERROUS FOUNDRIES Priority: Other Significant Legal Authority: Clean Air Act sec 112 CFR Citation: 40 CFR 63 Legal Deadline: Final, Judicial, June 15, 2009, Court ordered deadline (area source standards). Abstract: Section 112(k) of the Clean Air Act requires the development of standards for area sources that account for 90 percent of the emissions in urban areas of the 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 NPRM NPRM Comment Period End Final Action Date 02/09/09 03/11/09 06/25/09 FR Cite 74 FR 6510 74 FR 30366 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, RTF, NC 27711 Phone: 919 541-5565 Fax: 919 541-0242 Email: cole.david@epamail.epa.gov RIN: 2060-AO93 830. • NESHAP: AREA SOURCE STANDARDS—ALUMINUM, COPPER, AND OTHER NONFERROUS FOUNDRIES; TECHNICAL AMENDMENT Priority: Info./Admin./Other Legal Authority: Clean Air Act sec 112 CFR Citation: 40 CFR 63 Legal Deadline: None Abstract: This action clarifies regulatory text of the final standards for the NESHAP for area source aluminum, copper, and other nonferrous foundries. There is good cause for making this action final without prior proposal and opportunity for comment because the changes to the rule are minor technical corrections, are noncontroversial, and do not substantively change the requirements of the rule. Minor corrections are being made to clarify the applicability requirements in sections 63.11544(a)(l), (2), and (3) to change the word "materials" to "material" and to delete the words "one or more" in the phrases "materials containing one or more aluminum foundry HAP as defined in section 63.11556," "materials containing one or more copper foundry HAP, as defined in section 63.11556," and "materials containing one or more other nonferrous foundry HAP, as defined in section 63.11556." Timetable: Action Date FR Cite Final Rule; Technical 09/10/09 74 FR 46493 Correction Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 5189.1; EPA publication information: Final Rule; technical correction— http://edocket.access.gpo.gov/2009/pdf/ E9-21712.pdf; Split from RIN 2060- AO93; 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, RTF, NC 27711 Phone: 919 541-5565 Fax: 919 541-0242 Email: cole.david@epamail.epa.gov RIN: 2060-AP85 831. 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 started as a response to a petition for review of import rules. EPA no longer believes there are remaining issues related to this request. Timetable: Action Date FR Cite NPRM Withdrawn 03/24/94 59 FR 13912 11/06/09 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 2665 Agency Contact: Bob Doyle, Environmental Protection Agency, Air and Radiation, 6405J, Washington, DC 20460 Phone: 202 343-9258 Email: doyle.robert@epa.gov RIN: 2060-AI03 832. 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: This rule authorizes uses that qualify for the 2009 critical use exemption from the phaseout of methyl bromide. This action also authorizes the amount of methyl bromide that may be produced, imported, or supplied from inventory for those uses in 2009. EPA takes this action under the ------- 78 Fall 2009 Regulatory Agenda EPA—Clean Air Act Completed Actions 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. The Parties have approved critical use methyl bromide every year since methyl bromide was phased out in 2005. Since this rulemaking confers a benefit by exempting the production and use of a phased-out chemical, there is no significant adverse impact on small entities. Timetable: Action Date FR Cite NPRM NPRM Comment Period End Final Action 11/28/08 73 FR 72421 12/29/08 04/30/09 74 FR 19878 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 Fax: 202 343-2338 Email: arling.jeremy@epamail.epa.gov Staci Gatica, Environmental Protection Agency, Air and Radiation, 6205J, Washington, DC 20460 Phone: 202 343-9469 Fax: 202 343-2338 Email: gatica.staci@epamail.epa.gov RIN: 2060-AO78 833. PREVENTION OF SIGNIFICANT DETERIORATION (PSD) AND NONATTAINMENT NEW SOURCE REVIEW (NSR): DEBOTTLENECKING, AGGREGATION, AND PROJECT NETTING Priority: Other Significant Legal Authority: 42 USC 7401 et seq CFR Citation: 40 CFR 51.165; 40 CFR 51.166; 40 CFR 52.21 Legal Deadline: None Abstract: On September 14, 2006, EPA proposed amending the NSR provisions on calculating emissions from "debottlenecked" units at major sources. These are units that have emissions increases that occur when other units at the plant undergo a physical or operational change. The 2006 proposal also contained proposed rule provisions for NSR "aggregation" and "project netting." On January 15, 2009, EPA finalized a rule for Aggregation, withdrew the proposed rule for Debottlenecking, and took no action on Project Netting. Timetable: Action Date FR Cite NPRM NPRM Comment Period End Withdrawal of Proposed Rule— Debottlenecking Final Action 09/14/06 71 FR 54235 11/13/06 01/15/09 74 FR 2460 01/15/09 74 FR 2376 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 URL For More Information: wr\vwf.epa.gov/nsr Agency Contact: Dave Svendsgaard, Environmental Protection Agency, Air and Radiation, C504-03, RTF, NC 27711 Phone: 919 541-2380 Fax: 919 685-3105 Email: svendsgaard.dave@epamail.epa.gov Lisa Sutton, Environmental Protection Agency, Air and Radiation, C504-03, RTF, NC 27711 Phone: 919 541-3450 Fax: 919 541-1039 Email: sutton.lisa@epamail.epa.gov RIN: 2060-AL75 834. 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: The following proposed revisions to the Defect Reporting Regulations have been withdrawn from the Regulatory Agenda because of a change in Agency priorities as well as a lack of resources. 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 Withdrawn 07/14/09 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 5043 Agency Contact: Christine Mikolajczyk, Environmental Protection Agency, Air and Radiation, AAPTIG, Ann Arbor, MI 48105 Phone: 734 214-4403 Email: mikolajczyk.christine@epamail.epa.gov Lynn Sohacki, Environmental Protection Agency, Air and Radiation, AALDVG, Ann Arbor, MI 48105 Phone: 734 214-4851 Email: sohacki.lynn@epamail.epa.gov RIN: 2060-AN73 ------- Fall 2009 Regulatory Agenda 79 EPA—Clean Air Act Completed Actions 835. NEW SOURCE PERFORMANCE STANDARDS REVIEW FOR NONMETALLIC MINERAL PROCESSING PLANTS Priority: Other Significant Legal Authority: Clean Air Act 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 NPRM NPRM Comment Period End Final Action Date FR Cite 04/22/08 73 FR 21 559 06/23/08 04/28/09 74 FR 19294 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 27711 Phone: 919 541-2837 Fax: 919 541-3207 Email: fruh.steve@epa.gov RIN: 2060-AO41 836. 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 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 NPRM NPRM Comment Period End Final Action Date FR Cite 01/16/09 74 FR 2954 02/17/09 06/24/09 74 FR 29952 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/2009/January/Day-16/a945.pdf; 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, 6205J, Washington, DC 20460 Phone: 202 343-9548 Fax: 202 343-2338 Email: bohman.jennifer@epamail.epa.gov Ross Brennan, Environmental Protection Agency, Air and Radiation, 6205J, Washington, DC 20460 Phone: 202 343-9226 Fax: 202 343-2338 Email: brennan.ross@epamail.epa.gov RIN: 2060-AO77 837. 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 FY 2008 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. ------- 80 Fall 2009 Regulatory Agenda EPA—Clean Air Act Completed Actions Timetable: Action Notice NPRM NPRM Comment Period End Final Action Date 03/25/09 04/1 0/09 06/09/09 10/30/09 FR Cite 74 FR 12782 74 FR 16447 74 FR 56259 Timetable: Action NPRM— Stay Interim — Stay Direct Final — Extension of Stay Date 06/02/0873 06/02/0873 06/02/08 73 FR Cite FR31416 FR31376 FR31372 Timetable: Action NPRM NPRM Comment Period End Final Action Date 07/21/08 08/20/08 08/11/09 FR 73 FR 74 FR Cite 42294 40074 Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses, Governmental Jurisdictions Government Levels Affected: Federal, Local, State Additional Information: SAN No. 5242; EPA publication information: NPRM— http://edocket.access.gpo.gov/2009/pdf/ E9-5711.pdf; EPA Docket information: EPA-HQ-OAR-2 008-05 08 URL For More Information: http://www.epa.gov/climatechange/ emissions/ghgrulemaking.html Agency Contact: Carole Cook, Environmental Protection Agency, Air and Radiation, 6207J, Washington, DC 20460 Phone: 202 343-9334 Email: cook.carole@epamail.epa.gov Suzanne Kocchi, Environmental Protection Agency, Air and Radiation, 6207J, Washington, DC 20460 Phone: 202 343-9387 Email: kocchi.suzanne@epamail.epa.gov RIN: 2060-AO79 838. NSPS EQUIPMENT LEAKS- EXTENSION OF STAY Priority: Substantive, Nonsignificant Legal Authority: 42 USC 7401 et seq CFR Citation: 40 CFR 60 Legal Deadline: None Abstract: On March 4, 2008, EPA sent a letter to Petitioners' counsel announcing our reconsideration of certain provisions in these rules. In the letter, EPA also granted a 90-day stay of the requirements under reconsideration. A copy of the petition and the letter can be found in Docket ID No. EPA-HQ-OAR-2006-0699. This direct final rule will extend the stay of the requirements under reconsideration until a final decision has been reached. A notice of reconsideration containing the amendments will be published at a later time. Required: No Small Entities Affected: Businesses Government Levels Affected: None Additional Information: SAN No. 5035.1; EPA publication information: NPRM-Stay— http ://www. epa.gov/fedrgstr/EPA- AIR/2008/June/Day-02/all384.pdf; Split from RIN 2060-AN71; EPA Docket information: EPA-HQ-OAR-2006-0699 Agency Contact: Karen Rackley, Environmental Protection Agency, Air and Radiation, C439-02, RTF, NC 27711 Phone: 919 541-0634 Fax: 919 541-3207 Email: rackley.karen@epa.gov Ken Hustvedt, Environmental Protection Agency, Air and Radiation, E143-01, RTF, NC 27711 Phone: 919 541-5395 Fax: 919 685-3200 Email: hustvedt.ken@epa.gov RIN: 2060-AO90 839. IMPLEMENTATION OF THE 1997 8-HOUR OZONE NAAQS: 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 final action revises the rules for implementing the 8-hour ozone NAAQS to address the requirement for nonattainment areas to achieve continued emissions reductions until the area attains the ozone standards. The revised rules clarify the conditions under which emissions reductions from sources located outside the nonattainment area may be credited toward meeting the requirement for achieving reasonable further progress in emissions reductions. 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; EPA Docket information: EPA-HQ-OAR-2008-0419 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 840. GREENHOUSE GASES UNDER THE CLEAN AIR ACT Priority: Other Significant Legal Authority: Clean Air Act 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 ------- Fall 2009 Regulatory Agenda 81 EPA—Clean Air Act Completed Actions 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. No further activity will occur as part of this action. Timetable: Action Date FR Cite ANPRM ANPRM Comment Period End Withdrawn 07/30/08 73 FR 44353 11/28/08 08/06/09 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-2 008-0318 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 841. AIR QUALITY DESIGNATIONS FOR THE 24-HOUR FINE PARTICLE (PM2.5) NATIONAL AMBIENT AIR QUALITY STANDARDS Priority: Substantive, Nonsignificant Legal Authority: CAA sec I07(d) CFR Citation: 40 CFR 81 Legal Deadline: Final, Statutory, December 18, 2008, CAA sec 107 establishes the date for the final rule. Abstract: This action finalizes the designation of each area of the country as attainment, nonattainment, or unclassifiable with regard to the 2006 24-hour PM2.5 NAAQS. In 2006, EPA revised the 24-hour PM2.5 NAAQS from 65 micrograms per cubic meter (ug/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 designations in this rule apply to the 2006 24-hour PM2.5 NAAQS; the area designations for the 1997 24-hour PM2.5 NAAQS are unaffected by this action. Timetable: Action Date FR Cite Final Action 11/13/09 74 FR 58687 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 842. NATIONAL VOLATILE ORGANIC COMPOUND EMISSION STANDARDS FOR AEROSOL COATINGS; AMENDMENTS Priority: Other Significant Legal Authority: 23 USC 101; 42 USC 7401 to 7671q CFR Citation: 40 CFR 51 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 Action— 11/07/08 73 FR 66184 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 04/02/09 74 FR 14941 to Table 2 Final Action—Table 2 06/23/09 74 FR 29595 Amendments 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; OPEI, OGC, OECA Agency Contact: Kaye Whitfield, Environmental Protection Agency, Air and Radiation, E143-03, Research Triangle Park, NC 27711 Phone: 919 541-2509 Fax: 919 541-3470 Email: whitfield.kaye@epamail.epa.gov Bruce Moore, Environmental Protection Agency, Air and Radiation, E143-03, Research Triangle Park, NC 27711 Phone: 919 541-5460 Fax: 919 541-3470 Email: moore.bruce@epamail.epa.gov RIN: 2060-AP33 ------- 82 Fall 2009 Regulatory Agenda EPA—Clean Air Act Completed Actions 843. 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, 77, and 78 Legal Deadline: Other, Statutory, November 14, 2009, Final rule must be published in the FR on or before November 14, 2009. Abstract: This action reaffirms the promulgation of certain long-standing Acid Rain Program (ARP) provisions. The action does not change any existing provisions of the ARP rules but ensures that existing provisions, which have been in effect and in use since 2006, 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 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 is clarifying the status of the ARP revisions 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. This completed action took effect August 11, 2009. Timetable: Action Date FR Cite NPRM Direct Final Action Interim Final Action Direct Final Action, Withdrawal Final Action 12/15/08 73 FR 75983 12/15/08 73 FR 75954 12/15/08 73 FR 75959 03/26/09 74 FR 13124 06/12/09 74 FR 27940 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 5299; EPA publication information: Interim Final Action— 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 Fax: 202 343-2359 Email: stevens.gabrielle@epamail.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 5 844. IMPLEMENTATION OF THE PRIMARY NATIONAL AMBIENT AIR QUALITY STANDARDS (NAAQS) FOR NITROGEN DIOXIDE Priority: Other Significant Legal Authority: 42 USC 7410 CFR Citation: Not Yet Determined Legal Deadline: None Abstract: This action is being absorbed into RDM 2060-AO19—Review of Primary NAAQS for Nitrogen Oxide. This action will establish rules for implementation of the primary NAAQS for Nitrogen Dioxide (NO2) if it is revised as a result of the ongoing NAAQS review (SAN 5111). The rule will supplement the Clean Air Act (CAA) sections 110, 191, and 192 requirements for state implementation plans, and will address the transition from the existing to the new NAAQS. Timetable: Action Date FR Cite Withdrawn 07/22/09 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 5327 Agency Contact: Larry Wallace, Environmental Protection Agency, Air and Radiation, C539-01, RTF, NC 27711 Phone: 919 541-0906 Fax: 919 541-0824 Email: wallace.larry@epamail.epa.gov RIN: 2060-AP47 845. 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 and 51.166; 40 CFR 52.21 Legal Deadline: None Abstract: This action finalized a 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. ------- Fall 2009 Regulatory Agenda 83 EPA—Clean Air Act Completed Actions We extended the effectiveness date to May 18, 2010. Timetable: Action Date FR Cite Annoucement of 02/13/09 74 FR 7193 Reconsideration Delay of Effective Date 02/13/09 74 FR 7284 NRPM—Delaying 03/18/09 74 FR 11509 Effective Date Final Action— 05/14/09 74 FR 22694 Delaying Effective Date Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal, Local, State Additional Information: SAN No. 4793.1; EPA publication information: Announcement of Reconsideration— http://www.epa.gov/fedrgstr/EPA- AIR/2009/February/Day-13/a3174.pdf; Split from RDM 2060-AL75; EPA Docket information: EPA-HQ-OAR-2003-0064 URL For More Information: www.epa.gov.nsr Agency Contact: Dave Svendsgaard, Environmental Protection Agency, Air and Radiation, C504-03, RTF, NC 27711 Phone: 919 541-2380 Fax: 919 685-3105 Email: svendsgaard.dave@epamail.epa.gov Raj Rao, Environmental Protection Agency, Air and Radiation, C504-02, RTF, NC 27711 Phone: 919 541-5344 Fax: 919 541-5509 Email: rao.raj@epamail.epa.gov RIN: 2060-AP49 846. REVISED EXCEPTIONAL EVENT DATA FLAGGING SUBMITTAL AND DOCUMENTATION SCHEDULE FOR 2008 OZONE NAAQS MONITORING DATA Priority: Substantive, Nonsignificant Legal Authority: 42 USC 7401 CFR Citation: 40 CFR 50 Legal Deadline: None Abstract: The final rule provided revised schedules associated with the last ozone NAAQS revision, which was promulgated on March 27, 2008 (73 FR 16436). 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. Timetable: Action Date FR Cite NPRM Direct Final Rule NPRM Comment Period End Direct Final Rule Correcting Amendments Direct Final Rule Withdrawal Final Decision 10/06/08 73 FR 58080 10/06/08 73 FR 58042 11/20/08 11/21/08 73 FR 70597 12/16/08 73 FR 76219 05/19/09 74 FR 23307 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 5283; EPA publication information: NPRM— http ://www. epa.gov/fedrgstr/EPA- AIR/2008/October/Day-06/a23524.pdf; EPA Docket information: EPA-HQ-OAR- 2005-0159 Agency Contact: Tom Link, Environmental Protection Agency, Air and Radiation, 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, C539-04, Research Triangle Park, NC 27711 Phone: 919 541-3347 Fax: 919 541-0824 Email: oldham.carla@epamail.epa.gov Related RIN: Previously reported as 2060-AP28 RIN: 2060-APS6 847. • RENEWABLE FUEL STANDARD TECHNICAL AMENDMENTS Priority: Info./Admin./Other Legal Authority: 42 USC 7414; 42 USC 7542; 42 USC 7545 CFR Citation: 40 CFR 80 Legal Deadline: Other, Statutory, May 31, 2008, Amendments extend May 31, 2008, deadline for attest engagements from non-obligated regulated parties to May 31, 2009. Abstract: Following publication of the final Renewable Fuel Standard (RFS) program regulations (72 FR 23900; May 1, 2007), and as part of our continuous implementation review, EPA discovered a number of areas within the RFS regulations at 40 CFR part 80, subpart K that were either in error, unclear, or otherwise could benefit from modification. This action corrected these sections of the final RFS program regulations. Timetable: Action Date FR Cite 10/02/08 73 FR 57274 10/02/08 73 FR 57248 11/03/08 NPRM Direct Final Rule NPRM Comment Period End Direct Final Rule 11/26/08 73 FR 71940 (Partial Withdrawal) Final Action 06/24/09 74 FR 29948 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 5249; EPA publication information: NPRM - http://www.epa.gov/fedrgstr/EPA- AIR/2008/October/Day-02/a23130.pdf Agency Contact: Meg McCarthy, Environmental Protection Agency, Air and Radiation, 6405J, Washington, DC 20460 Phone: 202 343-9968 Email: mccarthy.meg@epamail.epa.gov Megan Brachtl, Environmental Protection Agency, Air and Radiation, 6405J, Washington, DC 20460 Phone: 202 343-9473 Email: brachtl.megan@epa.gov RIN: 2060-AP74 ------- 84 Fall 2009 Regulatory Agenda Environmental Protection Agency (EPA) Atomic Energy Act Proposed Rule Stage 848. TECHNICAL CHANGE TO DOSE METHODOLOGY Priority: Info. /Admin. /Other Legal Authority: 42 USC 2021 Atomic Energy Act of 1954; Reorganization Plan No. 3 of 1970; Nuclear Waste Policy Act of 1982 CFR Citation: 40 CFR 190(B); 40 CFR Legal Deadline: None Abstract: The purpose of this action is to make a technical change to the dose methodology used in subpart A of 40 CFR 191, entitled Environmental Radiation Protection Standards for the Management and Disposal of Spent Nuclear Fuel, High-Level Waste and Transuranic Waste. The current methodology is outdated. The dose methodology used in the rule published on September 19, 1985, was based on the target organ approach recommended by the International Commission on Radiological Protection (ICRP) in Report i2. Since that time science has progressed and a new methodology based on an effective dose equivalent approach is currently being recommended by the ICRP in Report 126. This action would 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 11/00/10 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 Environmental Protection Agency (EPA) Atomic Energy Act Long-Term Actions 849. ENVIRONMENTAL RADIATION PROTECTION STANDARDS FOR THE DISPOSAL OF LOW-ACTIVITY MIXED RADIOACTIVE WASTE Priority: Substantive, Nonsignificant Legal Authority: 42 USC 2021 Atomic Energy Act of 1954; Reorganization Plan No. 3 of 1970; Nuclear Waste Policy Act of 1982 CFR Citation: 40 CFR 193 Legal Deadline: None Abstract: This rulemaking would address the problem of disposal of low- activity mixed radioactive wastes, consisting of a chemically hazardous component and low levels of radioactivity. These wastes are anticipated to arise in the commercial sector from various sources. The rulemaking is intended to increase disposal options for these wastes and offer a streamlined regulatory process which melds hazardous chemical protection and radioactivity protection requirements while protecting public health and safety. The rule would not mandate a disposal method, but rather would permit an alternative to existing disposal methods. The U.S. Nuclear Regulatory Commission is anticipated to be the implementing Agency for the application of this rule. An Advanced Notice of Proposed Rulemaking was issued in November 2003 to solicit early public input on this issue. Timetable: Action Date FR Cite ANPRM ANPRM Comment Period End NPRM 11/18/03 68 FR 65120 03/17/04 01/00/11 Regulatory Flexibility Analysis Required: Undetermined 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 850. 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, 2114; Atomic Energy Act sec 275; UMTRCA sec 206(a) CFR Citation: 40 CFR 192 Legal Deadline: None Abstract: EPA's regulations in 40 CFR 192 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, 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. New proposed 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 ------- Fall 2009 Regulatory Agenda 85 EPA—Atomic Energy Act Long-Term Actions revised EPA standards, add to the urgency of undertaking this effort. Timetable: Action Date FR Cite NPRM Final Action 09/00/11 To Be Determined Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Federal, State, Tribal 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) Noise Control Act Final Rule Stage 851. 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: EPA plans to undertake a revision of its 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 NPRM Comment Period Extended NPRM Comment Period End NPRM Extended Comment Period End Final Action 08/05/09 74 FR 39150 08/21/09 74 FR 42223 09/04/09 11/04/09 12/00/09 Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses Government Levels Affected: None Additional Information: SAN No. 5102; EPA publication information: NPRM— http://www.epa.gov/fedrgstr/EPA- AIR/2009/August/Day-05/al8003.pdf 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) P re rule Stage 852. • PESTICIDES; PUBLIC AVAILABILITY OF IDENTITIES OF INERT INGREDIENTS IN PESTICIDES Priority: Other Significant Legal Authority: 7 USC 136 et seq CFR Citation: Not Yet Determined Legal Deadline: None Abstract: In response to two petitions under the Administrative Procedures Act seeking disclosure of selected inert ingredients on pesticide labels (based on the hazard of that ingredient), EPA is contemplating rulemaking to increase public availability of both potentially hazardous inert ingredients and of inert ingredient identities in general. This action would assist consumers and users of pesticides in making informed decisions and reduce the presence of potentially hazardous ingredients in pesticides. Timetable: Action Date FR Cite ANPRM 12/00/09 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 5385 URL For More Information: www.epa.gov/pesticides/ Agency Contact: Cameo Smoot, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7506P, Washington, DC 20460 Phone: 703 305-5454 Fax: 703 305-5884 Email: smoot.cameo@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-AJ62 ------- 86 Fall 2009 Regulatory Agenda Environmental Protection Agency (EPA) Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Proposed Rule Stage 853. PESTICIDES; DATA REQUIREMENTS FOR PLANT-INCORPORATED PROTECTANTS (PIPS) Priority: Substantive, Nonsignificant Legal Authority: 7 USC 136 to I36y; 21 USC 346a CFR Citation: 40 CFR 152, 158, and 174 Legal Deadline: None Abstract: EPA will propose codifying data requirements that specifically address the registration data needs of plant-incorporated protectants (PIPs). These data requirements are intended to provide EPA with data and other information necessary for the registration of a PIP or the issuance of an experimental use permit for a PIP. 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 PIP 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 re-registration 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: Regulatory Flexibility Analysis Required: No Small Entities Affected: No Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal Government Levels Affected: None Additional Information: SAN No. 5005; EPA Docket information: EPA-HQ-OPP- 2009-0499 URL For More Information: 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, 75IIP, Washington, DC 20460 Phone: 703 308-4043 Fax: 703 308-7026 Email: wfozniak.chris@epa.gov RIN: 2070-AJ27 854. • PESTICIDES; SATISFACTION OF DATA REQUIREMENTS; MINOR REVISIONS TO THE PROCEDURES TO ENSURE PROTECTION OF DATA SUBMITTERS' RIGHTS Priority: Substantive, Nonsignificant Legal Authority: 7 USC I36a CFR Citation: 40 CFR I52e Legal Deadline: None Abstract: This action will revise and update EPA's existing regulations in 40 CFR part 152, subpart E. The proposal will address changes to procedures for the protection of exclusive use and data compensation rights of individuals and entities that submit data to the Agency in support of a pesticide registration decision (i.e., data submitters). The revisions are to accommodate statutory and procedural changes that have occurred over the last 25 years since issuance in 1984. The revisions would simplify the procedures, reduce burdens upon certain data submitters, and make minor changes to clarify the requirements. Timetable: Additional Information: SAN No. 5382 URL For More Information: www.epa.gov/pesticides/registrationkit/ Agency Contact: Cameo Smoot, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7506P, Washington, DC 20460 Phone: 703 305-5454 Fax: 703 305-5884 Email: smoot.cameo@epa.gov Jennifer McLain, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 1200 Pennsylvania Avenue NW, Washington, DC 20460 Phone: 703 308-0293 Email: mclain.jennifer@epa.gov RIN: 2070-AJ58 855. PESTICIDES; EXPANSION OF CROP GROUPING PROGRAM Priority: Substantive, Nonsignificant Legal Authority: 21 USC 346a CFR Citation: 40 CFR 180 Legal Deadline: None Abstract: EPA is revising the pesticide crop grouping regulations to create new crop groupings, add new subgroups, and expand existing crop groups by adding new commodities. EPA expects these revisions to promote greater use of crop grouping for tolerance-setting purposes and to facilitate the availability of pesticides for minor crop uses. The first revision in a series of revisions to the crop grouping regulations was finalized in December 2007. The next 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 NPRM 1 Comment Period End Final Action 1 Final Action 1; Technical Amendment NPRM 2 05/23/07 72 FR 28920 07/23/07 12/07/07 72 FR 69150 01/02/08 73FR51 02/00/10 Action Date FR Cite Action Date FR Cite NPRM 07/00/10 NPRM 12/00/09 Regulatory Flexibility Analysis Required: No ------- Fall 2009 Regulatory Agenda 87 EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Proposed Rule Stage Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 5031; EPA publication information: NPRM 1—http://www.epa.gov/fedrgstr/EPA- PEST/2007/May/Day-23/p9595.htm; EPA Docket information: EPA-HQ-OPP- 2006-0766 URL For More Information: cfpubl.epa.gov/oppref/food feed/ index, cfm Agency Contact: Rame Cromwell, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7506P, Washington, DC 20460 Phone: 703 308-9068 Fax: 703 305-5884 Email: cromwfell.rame@epa.gov Jennifer McLain, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 1200 Pennsylvania Avenue NW, Washington, DC 20460 Phone: 703 308-0293 Email: mclain.jennifer@epa.gov RIN: 2070-AJ28 856. • PESTICIDES; CLARIFYING CHANGES TO LABELING Priority: Info./Admin./Other Unfunded Mandates: Undetermined Legal Authority: 7 USC 136 et seq CFR Citation: 40 CFR 156 Legal Deadline: None Abstract: EPA is planning a minor rulemaking to make revisions to 40 CFR part 156, Labeling Requirements for Pesticides and Devices. The purpose of this effort is to update the structure of the regulation and make several clarifying changes. In addition to these planned minor revisions, EPA will solicit suggestions from stakeholders on what the Agency might consider for future changes to the labeling regulations. Timetable: Action Date FR Cite NPRM 11/00/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 5393; None URL For More Information: www.epa.gov/pesticides/ Agency Contact: Rame Cromwell, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7506P, Washington, DC 20460 Phone: 703 308-9068 Fax: 703 305-5884 Email: cromwell.rame@epa.gov 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-AJ61 857. PESTICIDES; DETERMINATION OF STATUS OF PRIONS AS PESTS Priority: Other Significant Legal Authority: 7 USC 136 and I36w 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 unless the product is exempt from registration requirements 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 08/00/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses Government Levels Affected: Federal, State Additional Information: SAN No. 4985 URL For More Information: www.epa.gov/pesticides/ 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 858. REVISION OF PROCEDURAL RULES FOR HEARINGS ON CANCELLATIONS, SUSPENSIONS, CHANGES IN CLASSIFICATIONS, AND DENIALS OF PESTICIDE REGISTRATIONS Priority: Substantive, Nonsignificant Legal Authority: 7 USC I36a(c) to 136a(d); 7 USC 136b(d) to 136b(f); 7 USC 136d(b) to 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 08/00/10 ------- 88 Fall 2009 Regulatory Agenda EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Proposed Rule Stage 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 Environmental Protection Agency (EPA) Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Final Rule Stage 859. 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: EPA has determined that the record for this action, which was originally proposed in 1994, does not address the scientific information developed since the original proposal. Consequently, the record would not provide adequate, up-to-date support for the proposed rule. In 1994, EPA believed that the proposed exemption for PIPs derived through genetic engineering from plants sexually compatible with the recipient plant had the potential to cover a number of low- risk products. However, experience in the last decade has shown that such PIPs have not been developed in great numbers. If EPA were to pursue such an exemption in the future, the Agency would issue a new proposed rule. As such, EPA is considering withdrawing the 1994 proposal. Withdrawing the 1994 proposal does not preclude EPA's pursuing the same approach in the future. If withdrawn, the Agency would create a new entry in the Regulatory Agenda once the Agency decided to pursue such a rulemaking in the future. Timetable: Action Date FR Cite Action Date FR Cite NPRM Supplemental NPRM 1 Supplemental NPRM 1 Comment Period End 11/23/94 59 FR 60496 07/22/96 61 FR 37891 08/21/96 Supplemental NPRM 2 Supplemental NPRM 2 Comment Period End Supplemental NPRM 3 Supplemental NPRM 3 Comment Period End Supplemental NPRM 4 Supplemental NPRM 4 Comment Period End Supplemental NPRM 5 Supplemental NPRM 5 Comment Period End Notice; Withdrawal of NPRM 05/16/97 62 FR 27132 06/16/97 04/23/99 64 FR 19958 05/24/99 07/19/01 66 FR 37855 08/20/01 08/20/01 66 FR 43552 09/19/01 12/00/09 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: 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 Keith Matthews, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7511P, Washington, DC 20460 Phone: 703 308-8712 Fax: 703 308-7026 Email: matthews.keith@epa.gov RIN: 2070-AD55 860. 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: EPA has determined that the record for this action, which was originally proposed in 1994, does not address the scientific information developed since the original proposal. Consequently, the record would not provide adequate, up-to-date support for the proposed rule. In 1994, EPA believed that the proposed exemption for PIPs that act by primarily affecting the plant had the potential to cover a number of low-risk products. However, experience in the last decade has shown that such PIPs have not been developed in great numbers. If EPA were to pursue such an exemption in the future, the Agency would issue a new proposed rule. As such, EPA is considering withdrawing the 1994 proposal. Withdrawing the 1994 proposal does not preclude EPA's pursuing the same approach in the future. If withdrawn, the Agency would create a new entry in the Regulatory Agenda once the Agency decided to pursue such a rulemaking in the future. ------- Fall 2009 Regulatory Agenda 89 EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Final Rule Stage Timetable: Action Date FR Cite 11/23/94 59 FR 60496 07/22/96 61 FR 37891 08/21/96 05/16/97 62 FR 27132 06/16/97 04/23/99 64 FR 19958 05/24/99 07/19/01 66 FR 37855 08/20/01 12/00/09 NPRM Original Supplemental NPRM 1 Supplemental NPRM 1 Comment Period End Supplemental NPRM 2 Supplemental NPRM 2 Comment Period End Supplemental NPRM 3 Supplemental NPRM 3 Comment Period End Supplemental NPRM 4 Supplemental NPRM 4 Comment Period End 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: 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: milewfski.elizabeth@epa.gov Keith Matthews, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 75IIP, Washington, DC 20460 Phone: 703 308-8712 Fax: 703 308-7026 Email: matthews.keith@epa.gov RIN: 2070-AD56 861. 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 NPRM Comment Period End Notice; Metolachlor Supplemental Notice & Extension of Comment Period Notice: Withdrawal of NPRM 06/26/96 61 FR 33259 10/24/96 02/23/00 65 FR 8925 03/24/00 65 FR 15885 12/00/09 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 862. 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 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 ------- 90 Fall 2009 Regulatory Agenda EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Long-Term Actions 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 863. 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 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 01/06/09 02/00/11 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: 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, 1200 Pennsylvania Avenue NW, Washington, DC 20460 Phone: 703 308-0293 Email: mclain.jennifer@epa.gov RIN: 2070-AD30 864. 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: EPA will propose codifying data requirements that specifically address the registration data needs 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 registration review of a pesticide product; support the maintenance of a pesticide registration, e.g., as in the registration review program; or establish or maintain a tolerance or exemption from the requirements of a tolerance for a pesticide chemical residue. Timetable: Action Date FR Cite NPRM 12/00/11 Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Federal 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 ------- Fall 2009 Regulatory Agenda 91 EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Long-Term Actions 865. 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 06/09/99 64 FR 31039 09/07/99 NPRM NPRM Comment Period End Supplemental NPRM 07/24/00 65 FR 45569 Supplemental NPRM 08/23/00 Comment Period End Supplemental NPRM 08/31/00 65 FR 52979 2 Supplemental NPRM 09/15/00 2 Comment Period End Final Action To Be Determined Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal Additional Information: SAN No. 4027; EPA publication information: NPRM— http://www.epa.gov/fedrgstr/EPA- PEST/1999/June/Day-09/pl4477.htm Sectors Affected: 32532 Pesticide and Other Agricultural Chemical Manufacturing URL For More Information: www.epa.gov/pesticides/regulating/ fees/index.htm Agency Contact: Lindsay Moose, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7501P, Washington, DC 20460 Phone: 703 305-7108 Fax: 703 305-6244 Email: moose.lindsay@epa.gov RIN: 2070-AJ23 866. • PESTICIDES; REGULATION TO CLARIFY LABELING OF PESTICIDES FOR EXPORT Priority: Substantive, Nonsignificant Unfunded Mandates: Undetermined Legal Authority: Not Yet Determined CFR Citation: Not Yet Determined Legal Deadline: None Abstract: EPA is developing a proposed rule to clarify and reformat labeling regulations for the export of pesticide products and devices in accordance with Executive Order 12988, Civil Justice Reform, to eliminate ambiguity and promote simplification of EPA regulations. In addition to simplifying the current regulations, the Agency also intends this proposed rule include regulations regarding the labeling of pesticide products and devices shipped between establishments operated by the same producer. EPA believes that labeling of exported pesticides is important for the communication of important safety and handling information of pesticides and their U.S. status, both before the pesticides leave the U.S. and after they are exported. Timetable: Action Date FR Cite NPRM 01/00/11 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 5358; EPA Docket information: EPA-HQ-OPP- 2009-0607 URL For More Information: www.epa.gov/pesticides/regulating/ labels/product-labels.htm Agency Contact: Vera Au, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7506P, Washington, DC 20460 Phone: 703-308-9069 Fax: 703-305-5884 Email: au.vera@epa.gov Jennifer McLain, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 1200 Pennsylvania Avenue NW, Washington, DC 20460 Phone: 703 308-0293 Email: mclain.jennifer@epa.gov RIN: 2070-AJ53 867. PLANT INCORPORATED PROTECTANTS (PIPS); EXEMPTION FOR THOSE BASED ON VIRAL COAT PROTEIN GENES Priority: Substantive, Nonsignificant Legal Authority: 7 USC 136 et seq; 21 USC 346(a) 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 part 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). The proposed criteria were intended to clearly identify and exempt only those residues for which a long history of safe exposure and consumption can support exemption. EPA believes there is a reasonable certainty that no harm will result from aggregate exposure to such residues, including all anticipated dietary exposures and all other exposures for which there is reliable information. 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 ------- 92 Fall 2009 Regulatory Agenda EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Long-Term Actions 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 Date FR Cite NPRM Original Supplemental NPRM 1 Supplemental NPRM 1 Comment Period End Supplemental NPRM 2 Supplemental NPRM 2 Comment Period End Supplemental NPRM 3 Supplemental NPRM 3 Comment Period End Supplemental NPRM 4 Supplemental NPRM 4 Comment Period End Reproposal Final Action 11/23/94 59 FR 60496 07/22/96 61 FR 37891 08/21/96 05/16/97 62 FR 27132 06/16/97 04/23/99 64 FR 19958 05/24/99 07/19/01 66 FR 37855 08/20/01 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; EPA Docket information: EPA-HQ-OPP- 2006-0642 Sectors Affected: 111 Crop Production; 32532 Pesticide and Other Agricultural Chemical Manufacturing; 54171 Research and Development in the Physical Sciences and Engineering Sciences URL For More Information: www.epa.gov/pesticides/biopesticides/ pips/index.htm Agency Contact: 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 868. 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 152; 40 CFR 156; 40 CFR 167 to 169; 40 CFR 172; 40 CFR 174 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 the Federal Food Drug and Cosmetic Act (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 ANPRM Notice of Public Meeting ANPRM Comment Period Extended ANPRM Comment Period End NPRM 04/04/07 72 FR 16312 04/11/07 72 FR 18191 05/23/07 72 FR 28911 06/13/07 12/00/10 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: 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: 202 564-4146 Fax: 202 564-8502 Email: howie.stephen@epa.gov Elizabeth Milewski, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7202M, Washington, DC 20460 Phone: 202 564-8492 Fax: 202 564-8501 Email: milewski.elizabeth@epa.gov RIN: 2070-AJ32 869. 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 156; 40 CFR 171 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 ------- Fall 2009 Regulatory Agenda 93 EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Long-Term Actions 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 01/00/11 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: 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 870. 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 part 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 01/00/11 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: 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 871. 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 07/00/11 Regulatory Flexibility Analysis Required: Undetermined Small Entities Affected: Businesses Government Levels Affected: Federal, State Additional Information: SAN No. 5183 URL For More Information: wf\vwr.epa.gov/pesticides/ 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, 1200 Pennsylvania Avenue NW, Washington, DC 20460 Phone: 703 308-0293 Email: mclain.jennifer@epa.gov RIN: 2070-AJ45 ------- 94 Fall 2009 Regulatory Agenda EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Long-Term Actions 872. 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 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 NPRM Comment Date 09/17/99 11/16/99 11/16/99 FR Cite 64 FR 50671 64 FR 621 45 Period End Final Action 1 Final Action 2 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- 14/p30820.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: www.epa.gov/oppad001/regpolicy.htm Agency Contact: Jennifer McLain, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 1200 Pennsylvania Avenue NW, Washington, DC 20460 Phone: 703 308-0293 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 Environmental Protection Agency (EPA) Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Completed Actions 873. ENDOCRINE DISRUPTOR SCREENING PROGRAM (EDSP); POLICY AND PROCEDURES FOR INITIAL SCREENING Priority: Other Significant Legal Authority: 15 USC 2603 TSCA; 21 USC 346(a) FFDCA; 42 USC 300(a)(17) SDWA; 7 USC 136 FIFRA CFR Citation: None Legal Deadline: NPRM, Judicial, March 24, 2009. 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 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 ------- Fall 2009 Regulatory Agenda 95 EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Completed Actions 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 72FR70842 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; Draft Procedures— http ://www. epa.gov/fedrgstr/EPA- TOX/2007/December/Day- 137t24166.pdf; EPA Docket information: EPA-HQ-OPPT-2007-1080 URL For More Information: www.epa.gov/scipoly/oscpendo/ index.htm Agency Contact: William Wooge, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7203M, Washington, DC 20460 Phone: 202 564-8476 Fax: 202 564-8483 Email: wooge.william@epa.gov Gary Timm, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7203M, Washington, DC 20460 Phone: 202 564-8474 Fax: 202 564-8483 Email: timm.gary@epa.gov RIN: 2070-AD61 Environmental Protection Agency (EPA) Toxic Substances Control Act (TSCA) P re rule Stage 874. • LEAD; RENOVATION, REPAIR, AND PAINTING PROGRAM FOR PUBLIC AND COMMERCIAL BUILDINGS Regulatory Plan: This entry is Seq. No. 64 in part II of this issue of the Federal Register. RIN: 2070-AJ56 875. POLYCHLORINATED BIPHENYLS (PCBS); REASSESSMENT OF USE AUTHORIZATIONS 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: EPA's regulations governing the use of PCBs in electrical equipment and other applications were first issued in the late 1970s and have not been updated since 1998. EPA is initiating rulemaking to reexamine these ongoing PCB uses with an eye to ending or phasing out uses that can no longer be justified under TSCA section 6(e). This section requires EPA to determine that authorized uses will not present an unreasonable risk of injury to health and the environment. 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: John H. Smith, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7404T, Washington, DC 20460 Phone: 202 566-0512 Fax: 202 566-0473 Email: smith.johnh@epa.gov Christine Zachek, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 1200 Pennsylvania Avenue NW, Washington, DC 20460 Phone: 202 566-0505 Email: zachek.christine@epamail.epa.gov RIN: 2070-AJ38 Environmental Protection Agency (EPA) Toxic Substances Control Act (TSCA) Proposed Rule Stage 876. 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. ------- 96 Fall 2009 Regulatory Agenda EPA—Toxic Substances Control Act (TSCA) Proposed Rule Stage Timetable: Action Date FR Cite ANPRM ANPRM Comment Period End NPRM 11/15/04 69 FR 65565 12/15/04 08/00/10 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, 7405M, Washington, DC 20460 Phone: 202 564-9064 Fax: 202 564-9490 Email: passe.loraine@epa.gov RIN: 2070-AJ04 877. TSCA INVENTORY UPDATE REPORTING MODIFICATIONS Priority: Substantive, Nonsignificant Legal Authority: 15 USC 2607 (TSCA sec 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 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 changes in the IUR Modifications rule are designed (1) to tailor the information collected to more closely match the Agency's overall information needs; (2) to obtain new and updated information relating to potential exposures to a subset of chemical substances listed on the TSCA Inventory; and (3) to improve the utility of the information reported. EPA believes that changing the information collected through the IUR, the method and frequency of collecting the information, and confidential business information (CBI) requirements will accomplish these goals. The major changes in the IUR Modifications Rule include: eliminating the upper threshold to collect processing and use data for all reported chemicals, collecting multi-year production volume information, returning the frequency of reporting to every 4 years from every 5, triggering reporting based on the annual production volume since the last IUR, and requiring electronic reporting. Other changes include modifications to specific data elements such as the production volume, types of industrial and commercial/consumer uses, requiring an indication of consumer or commercial use and, if commercial, the number of workers; changes to requirements for making CBI claims; migrating the regulatory text from 40 CFR 710 to 711; and eliminating obsolete regulatory text. Timetable: Action Date FR Cite NPRM 05/00/11 Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses Government Levels Affected: None Additional Information: SAN No. 5279 URL For More Information: wf\vwr.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 878. • LEAD; CLEARANCE AND CLEARANCE TESTING REQUIREMENTS FOR THE RENOVATION, REPAIR, AND PAINTING PROGRAM Regulatory Plan: This entry is Seq. No. 74 in part II of this issue of the Federal Register. RIN: 2070-AJ57 879. • SIGNIFICANT NEW USE RULE FOR GLYMES Priority: Routine and Frequent Legal Authority: Not Yet Determined CFR Citation: 40 CFR 721 (Revision) Legal Deadline: None Abstract: EPA is proposing a significant new use rule (SNUR) under section 5(a)(2) of the Toxic Substances Control Act (TSCA) to include the glymes, including at a minimum, monoglyme (Ethane, 1,2-dimethoxy- (also known as 1,2-Dimethoxyethane) (CAS No. 110-71-4) and diglyme (bis(2- methoxyethyl) ether) (CAS No. 111-96- 6). This rule would require manufacturers, including importers, and processors to notify EPA at least 90 days before commencing the manufacture or import of these chemicals for any new uses in consumer products. EPA believes that this action is necessary, because these chemical substances may be hazardous to human health and the environment. The required notice will provide EPA the opportunity to evaluate intended significant new uses and associated activities before they occur and, if necessary, to prohibit or limit those uses or activities. 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. 5342 Agency Contact: Amy Breedlove, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7405M, Washington, DC 20460 ------- Fall 2009 Regulatory Agenda 97 EPA—Toxic Substances Control Act (TSCA) Proposed Rule Stage Phone: 202 564-9823 Fax: 202 564-4775 Email: breedlove.amy@epa.gov Diane Sheridan, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7405M, Washington, DC 20460 Phone: 202 564-8176 Email: sheridan.diane@epa.gov RIN: 2070-AJ52 880. 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 one 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 proposed test rule published in 2008 for 19 chemicals, is expected to be finalized in late 2009. A third proposed test rule is scheduled to publish in 2009, to propose similar screening level testing for additional unsponsored HPV Challenge Program chemicals. Timetable: Action Date FR Cite Direct Final Action; Revocation; Coke-Oven Light Oil (Coal) NPRM2 NPRM3 Final Action 2 12/08/06 71 FR71058 07/24/08 73 FR 43314 01/00/10 02/00/10 Action Date FR Cite NPRM Final Action 12/26/00 65 FR 81658 03/16/06 71 FR 13709 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: 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: shaeffer.john@epa.gov RIN: 2070-AD16 881. TESTING AGREEMENT FOR DECABROMODIPHENYL ETHER (DECA) Priority: Substantive, Nonsignificant Legal Authority: 15 USC 2603 TSCA 4 CFR Citation: 40 CFR 790 to 799 Legal Deadline: None Abstract: An enforceable consent agreement will be negotiated for decabromodiphenyl ether (DecaBDE) to obtain biodegradation and environmental fate testing to better understand the pathways of human and environmental exposure to DecaBDE. This testing was requested, but not obtained under the Voluntary Children's Chemical Evaluation Program. EPA is offering all interested parties the opportunity to attend a public meeting and participate in the negotiation of the EGA and protocols for the identified testing needs. Timetable: Action Date FR Cite NPRM 06/25/91 56 FR 29140 Notice; Enforceable 12/00/09 Consent Agreement Notice of Public 03/00/10 Meeting 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, 7405M, Washington, DC 20460 Phone: 202 564-3077 Fax: 202 564-4765 Email: mattheisen.mike@epa.gov RIN: 2070-AJ08 882. TEST RULE; CERTAIN NANOSCALE MATERIALS Priority: Substantive, Nonsignificant Legal Authority: 15 USC 2603 TSCA 4 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 certain multi-wall carbon nanotubes and nanosized clays and alumina. The results of the tests that ------- 98 Fall 2009 Regulatory Agenda EPA—Toxic Substances Control Act (TSCA) Proposed Rule Stage could be required under this rule would 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. Timetable: Action Date FR Cite NPRM 11/00/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses Government Levels Affected: None Additional Information: SAN No. 5313 URL For More Information: 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 Fax: 202 564-9490 Email: alwood.jim@epa.gov RIN: 2070-AJ47 883. • NANOSCALE MATERIALS Priority: Substantive, Nonsignificant Legal Authority: 15 USC 2607(a) TSCA 8(a) CFR Citation: 40 CFR 712 Legal Deadline: None Abstract: Under the authority of section 8(a) of TSCA, EPA is developing a proposal to establish reporting requirements for certain nanoscale materials. This rule would propose that persons who manufacture these nanoscale materials notify EPA of certain information including production volume, methods of manufacture and processing, exposure and release information, and available health and safety data. The proposed reporting of these activities will provide EPA with an opportunity to evaluate the information and consider appropriate action under TSCA to reduce any risk to human health or the environment. 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. 5366 Agency Contact: Jim Alwood, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7405M, Washington, DC 20460 Phone: 202 564-8974 Fax: 202 564-9490 Email: alwood.jim@epa.gov Jessica Barkas, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7405M, Washington, DC 20460 Phone: 202 250-8880 Fax: 202 564-4765 Email: barkas.jessica@epa.gov RIN: 2070-AJ54 884. 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: None Abstract: EPA 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 10/00/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses Government Levels Affected: None Additional Information: SAN No. 5305 URL For More Information: 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 Nancy Wilson, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7404T, Washington, DC 20460 Phone: 202 564-8824 ------- Fall 2009 Regulatory Agenda 99 EPA—Toxic Substances Control Act (TSCA) Proposed Rule Stage Email: wlson.nancyh@epa.gov RIN: 2070-AJ50 885. • AMENDMENTS TO THE PROCEDURAL RULES FOR ENFORCEABLE CONSENT AGREEMENTS (EGAS) Priority: Substantive, Nonsignificant Unfunded Mandates: Undetermined Legal Authority: 15 USC 2603 CFR Citation: 40 CFR 790 to 799 Legal Deadline: None Abstract: The proposed rule would revise the procedures for negotiating Enforceable Consent Agreements (EGAs) to develop test data under the Toxic Substances Control Act (TSCA). The main features of the EGA process that we will propose to change include the following: when and how to initiate negotiations; setting a firm deadline at which negotiations will terminate; revising (delete, modify, or consolidate) several parts of 40 CFR part 790 to place the EGA provisions in one section and the Interagency Testing Committee (ITC) provisions in a separate section; clarifying that there is one EGA negotiation procedure applicable to all circumstances where an EGA is being considered; and conforming changes in other sections that reference the EGA procedures. The EGA procedures were established to provide an effective alternative to TSCA section 4 test rule, and provide a timely, efficient, and enforceable means of working with interested parties to gather test data on chemicals under TSCA. Experience with the procedures over the past two decades indicates that several changes need to be made to improve the EGA process. 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. 5378; None. Agency Contact: Jessica Barkas, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7405M, Washington, DC 20460 Phone: 202 250-8880 Fax: 202 564-4765 Email: barkas.jessica@epa.gov Victoria Vanroden, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7405M, Washington, DC 20460 Phone: 202 564-4253 Email: vanroden.victoria@epamail.epa.gov RIN: 2070-AJ59 Environmental Protection Agency (EPA) Toxic Substances Control Act (TSCA) Final Rule Stage 886. • LEAD; AMENDMENT TO THE OPT-OUT AND RECORDKEEPING PROVISIONS IN THE RENOVATION, REPAIR, AND PAINTING PROGRAM Regulatory Plan: This entry is Seq. No. 83 in part II of this issue of the Federal Register. RIN: 2070-AJ55 887. • MERCURY; REGULATION TO UPDATE OUTDATED ASTM REFERENCES IN EPA REGULATIONS THAT REQUIRE THE USE OF MERCURY THERMOMETERS Priority: Substantive, Nonsignificant Unfunded Mandates: Undetermined Legal Authority: Not Yet Determined CFR Citation: Not Yet Determined Legal Deadline: None Abstract: This is a proposed series of technical amendments to clarify ASTM standards within EPA regulations (that require the use of mercury thermometers) so that no mercury thermometer requirement applies with EPA regulations. Regulations promulgated by several different program offices currently contain references to ASTM standards which contain requirements to use mercury thermometers. EPA is working to phase-out the use of non-fever industrial mercury thermometers in laboratory and industrial settings, and these technical amendments will remove these regulatory barriers to such a phase-out. Timetable: Phone: 202-566-0507 RIN: 2070-AJ51 Action Date FR Cite Direct Final Rule 05/00/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 5340 Agency Contact: Robert Courtnage, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7404T, Washington, DC 20460 Phone: 202-566-1081 Email: courtnage.robert@epa.gov Hiroshi Dodahara, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7404T, Washington, DC 20460 888. AMENDMENT TO THE PREMANUFACTURE NOTIFICATION EXEMPTIONS; REVISIONS OF EXEMPTIONS FOR CERTAIN POLYMERS Priority: Other Significant 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 ------- 100 Fall 2009 Regulatory Agenda EPA—Toxic Substances Control Act (TSCA) Final Rule Stage covalently bound to either a carbon or sulfur atom where the carbon or sulfur atom is an integral part of the polymer molecule. If finalized as proposed, any person who intends to manufacture (or import) any of these polymers not already on the TSCA Inventory would have to complete the TSCA premanufacture review process prior to commencing the manufacture or import of such polymers. EPA believes this proposed change to the current regulation is necessary because, based on recent information, EPA can no longer conclude that these polymers "will not present an unreasonable risk to human health or the environment," which is the determination necessary to support an exemption under TSCA, such as the Polymer Exemption Rule. Timetable: Action Date FR Cite NPRM NPRM Comment Period End Final Action 03/07/06 71 FR11485 05/08/06 01/00/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses Government Levels Affected: None International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest. Additional Information: SAN No. 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: 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: 202 564-9094 Email: schweer.greg@epa.gov RIN: 2070-AD58 889. CLARIFICATION ON TSCA INVENTORY STATUS OF ACTIVATED PHOSPHORS Priority: Substantive, Nonsignificant Legal Authority: 15 USC 2604 CFR Citation: 40 CFR 704; 40 CFR 720; 40 CFR 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 01/16/08 73 FR 2854 05/02/08 73 FR 24187 Notice; Proposed Clarification Reopening of Comment Period Final Clarification 12/00/09 Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses Government Levels Affected: None Additional Information: SAN No. 4984; EPA publication information: Notice; EPA Docket information: EPA-HQ- OPPT-2007-0392 URL For More Information: wfwfwf.epa.gov/opptintr/newfchems/ 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: 202 564-9094 Email: schweer.greg@epa.gov RIN: 2070-AJ21 890. 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 NPRM NPRM Comment Period End Final Action Date FR Cite 12/22/08 73 FR 78261 02/20/09 12/00/09 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None ------- Fall 2009 Regulatory Agenda 101 EPA—Toxic Substances Control Act (TSCA) Final Rule Stage 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, 7405M, Washington, DC 20460 Phone: 202 564-9064 Fax: 202 564-9490 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: 202 564-9094 Email: schweer.greg@epa.gov RIN: 2070-AJ41 891. 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 06/00/10 06/00/10 06/00/10 NPRM: 84-1 056 NPRM: 86-566 NPRM: Aluminum Cross-linked Sodium Carboxymethyl -cellulose Final: 84-1 056 Final: 86-566 Final: Aluminum Cross-linked Sodium Carboxymethyl -cellulose Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses Government Levels Affected: None Additional Information: SAN No. 1976 Sectors Affected: 325 Chemical Manufacturing; 324 Petroleum and Coal Products Manufacturing URL For More Information: www.epa.gov/opptintr/newchems/ 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: 202 564-9094 Email: schweer.greg@epa.gov RIN: 2070-AA59 892. 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 ------- 102 Fall 2009 Regulatory Agenda EPA—Toxic Substances Control Act (TSCA) Final Rule Stage 721, subpart D, EPA routinely issues batch direct final section 5(e) and non- 5(e) SNURs. Timetable: Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses Government Levels Affected: None Action NPRM: Aromatic Amino Ether (P90-1840) NPRM: Alkenyl Ether 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 Direct Final Action, Certain Chemical Substances, Batch FY09-1 Final; Certain Chemical Substances — (P01-759, P05-555, P07-283) Direct Final Action: Certain Chemical Substances, Batch FY09-2 Direct Final Action Batch FY10-01 NPRM Modifications Batch FY10-01 NPRM Revocations Batch FY10-01 Direct Final Action Batch FY10-02 Final Action Modifications Batch FY10-01 Final Action Revocations Batch FY10-01 Direct Final Action Batch FY10-03 Final: A kenyl Ether of Alkanetriol Polymer (93-458) Final: Aromatic Amino Ether (P90-1840) Final: Certain Chemical Substances (91-1299/95-1667 91-129891-1297) Direct Final Action Batch FY10-04 06/06/94 59 FR 29255 Date FR Cite Additional Information: SAN No. 3495 Sectors Affected: 325 Chemical Manufacturing; 324 Petroleum and Coal Products Manufacturing URL For More Information: 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 12/19/94 06/26/97 59 FR 65289 62 FR 34421 06/09/08 73 FR 32508 11/05/08 73 FR 65743 06/24/09 74 FR 29982 07/08/09 74 FR 32460 09/18/09 74 FR 47877 12/00/09 12/00/09 12/00/09 02/00/10 03/00/10 03/00/10 05/00/10 06/00/10 06/00/10 06/00/10 09/00/10 Tracey Klosterman, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7405M, Washington, DC 20460 Phone: 202 564-2209 Fax: 202 564-9490 Email: klosterman.tracey@epa.gov RIN: 2070-AB27 893. SIGNIFICANT NEW USE RULE FOR CHLORANIL Priority: Routine and Frequent 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. EPA 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, the Agency reopened the comment period in 2007. EPA is currently formulating the final rule. Timetable: Action Date FR Cite NPRM Original Reopening of Comment Period Final Action 05/12/93 58 FR 27986 01/30/07 72 FR 4224 10/00/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses Government Levels Affected: None Additional Information: SAN No. 1923.1; EPA publication information: Reopening of Comment Period— http://www.epa.gov/fedrgstr/EPA- TOX/2007/January/Day-30/tl413.htm; Split from RDM 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 ------- Fall 2009 Regulatory Agenda 103 EPA—Toxic Substances Control Act (TSCA) Final Rule Stage Fax: 202 566-0470 Email: symmes.brian@epa.gov RIN: 2070-AJ31 894. SIGNIFICANT NEW USE RULE FOR ELEMENTAL MERCURY IN FLOW METERS, MANOMETERS, AND PYROMETERS Priority: Routine and Frequent Legal Authority: TSCA sec 5(a) CFR Citation: 40 CFR 721 Legal Deadline: None Abstract: Elemental mercury has been used in many industrial and consumer applications, due to its unique properties. Certain uses of elemental mercury can lead to releases to the environment during manufacturing, recycling, or disposal. Under certain conditions, mercury in the environment can cause adverse effects in humans and wildlife. Some State governments have restricted certain uses of mercury use and have requested federal action to bolster these efforts. In 2006, EPA committed to pursue reductions in mercury used in switches, relays, and measuring devices. In 2007, EPA issued a Significant New Use Rule (SNUR) for elemental mercury used in certain switches previously installed in motor vehicles. EPA has now identified three more discontinued uses of mercury that have cost-effective alternatives. The discontinued uses of mercury are use in flow meters, manometers on oil and gas pipelines, and pyrometers. The SNUR would require persons to notify EPA at least 90 days before commencing the manufacture or processing of mercury for these three uses. Timetable: Action NPRM NPRM Comment Period End Final Action Date FR Cite 09/11/09 74 FR 46707 11/10/09 07/00/1 0 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 5238 URL For More Information: wfwfwf.epa.gov/opptintr/newfchems/ 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 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 895. TEST RULE; CERTAIN CHEMICALS ON THE ATSDR PRIORITY LIST OF HAZARDOUS SUBSTANCES Priority: Info./Admin./Other Legal Authority: 15 USC 2603 TSCA 4 CFR Citation: 40 CFR 790 to 799 Legal Deadline: None Abstract: On October 20, 2006 (71 FR 61926), EPA proposed a Test Rule for Certain Chemicals on the ATSDR/EPA CERCLA Priority List of Hazardous Substances for the consideration of testing for four chemicals (hydrogen and sodium cyanide, chloroethane, and methylene chloride). The chemicals are listed on the Agency for Toxic Substances and Disease Registry (ATSDR)/EPA priority list of hazardous substances which is compiled under the Comprehensive Environmental Response Compensation and Liability Act (CERCLA). The chemicals are also listed as hazardous air pollutants (HAPs) under section 112 of the Clean Air Act (CAA). In the proposal for this test rule, EPA explained that the principal reason EPA proposed to use its TSCA section 4 authority to obtain data was to support ATSDR's Substance-Specific Applied Research Program, a program for collecting data and other information needed for developing health assessments pursuant to CERCLA, 42 U.S.C. section 9601 et seq. ATSDR had referred the chemicals subject to the proposed rule to EPA under the authority of section 104(i) of CERCLA, 42 U.S.C. section 96040). Since then, ATSDR informed EPA that it no longer needed EPA to finalize this rule. Therefore, EPA plans to withdraw the proposal. EPA is currently developing efforts to strengthen the Agency's chemical management program under TSCA by ramping up efforts to assess, prioritize and take action on existing chemicals. EPA may address potential concerns with these chemicals as part of this enhanced effort. This withdrawal, however does not preclude the Agency from initiating the same or similar rulemaking at a future date. Timetable: Action Date FR Cite 10/20/06 71 FR61926 12/18/06 71 FR 75704 12/19/06 NPRM NPRM Comment Period Extended NPRM Comment Period End Withdrawal of NPRM 02/00/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses Government Levels Affected: Federal Additional Information: SAN No. 2563; EPA publication information: NPRM— http://www.epa.gov/fedrgstr/EPA- AIR/2006/October/Day-20/al7569.htm; EPA Docket information: EPA-HQ- OPPT-2002-0073 Sectors Affected: 325 Chemical Manufacturing; 32411 Petroleum Refineries URL For More Information: www.epa.gov/oppt/chemtest Agency Contact: Robert Jones, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7405M, Washington, DC 20460 Phone: 202 564-8161 Fax: 202 564-4765 Email: jones.robert@epa.gov Mike Mattheisen, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7405M, Washington, DC 20460 Phone: 202 564-3077 Fax: 202 564-4765 Email: mattheisen.mike@epa.gov RIN: 2070-AB79 ------- 104 Fall 2009 Regulatory Agenda Environmental Protection Agency (EPA) Toxic Substances Control Act (TSCA) Long-Term Actions 896. 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 Model Plan Interim Final Rule Final Action Date FR Cite 05/13/92 57 FR 20438 02/03/94 59 FR 5236 09/00/1 1 Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses, Governmental Jurisdictions Government Levels Affected: Federal, Local, State, Tribal Federalism: Undetermined Additional Information: SAN No. 3148 Sectors Affected: 611519 Other Technical and Trade Schools URL For More Information: www.epa.gov/asbestos/ Agency Contact: Robert Courtnage, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7404T, Washington, DC 20460 Phone: 202-566-1081 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 897. LEAD FISHING SINKERS; RESPONSE TO CITIZENS PETITION AND PROPOSED BAN Priority: Other Significant Legal Authority: 15 USC 2605 TSCA 6 CFR Citation: 40 CFR 745 Legal Deadline: None Abstract: 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 is re- evaluating the 1994 proposal. Timetable: Action Date FR Cite ANPRM NPRM Final Action 05/13/91 56 FR 22096 03/09/94 59 FR 11122 To Be Determined Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 3252 URL For More Information: 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 898. 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 requires EPA to 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 12/00/11 ------- Fall 2009 Regulatory Agenda 105 EPA—Toxic Substances Control Act (TSCA) Long-Term Actions Regulatory Flexibility Analysis Required: Undetermined Small Entities Affected: Businesses, Governmental Jurisdictions, Organizations Government Levels Affected: Federal, Local, State, Tribal Federalism: This action may have federalism implications as defined in EO 13132. Additional Information: SAN No. 4376 Sectors Affected: 23411 Highway and Street Construction; 611519 Other Technical and Trade Schools URL For More Information: www.epa.gov/oppt/lead/ Agency Contact: Cindy Wheeler, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7404T, Washington, DC 20460 Phone: 202 566-0484 Fax: 202 566-0471 Email: wfheeler.cindy@epa.gov Michelle Price, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7404T, Washington, DC 20460 Phone: 202 566-0744 Fax: 202 566-0471 Email: price.michelle@epa.gov RIN: 2070-AC64 899. MERCURY; REGULATION OF USE IN CERTAIN PRODUCTS Priority: Other Significant 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 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 Small Entities Affected: Businesses 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 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 900. • MERCURY EXPORT BAN ACT; PROCEDURES FOR ESSENTIAL USE EXEMPTIONS Priority: Substantive, Nonsignificant Legal Authority: PL 110-414 CFR Citation: Not Yet Determined Legal Deadline: Final, Statutory, January 1, 2013, The mercury export ban goes into effect January 1, 2013. The exemption rule needs to be in effect at that time. Abstract: The Mercury Export Ban Act of 2008 (Pub. L. 110-414) amends TSCA section 12 to prohibit the export of elemental mercury from the United States effective January 1, 2013. The new provision in TSCA allows any person residing in the U.S. to petition the Administrator for an exemption to the export ban. The Administrator may grant exemptions to the ban through notice and comment rulemaking, if the Administrator makes certain findings listed in the Act. The action being initiated will be a rulemaking to set out the standards and procedures for an exporter to petition and the Agency to issue these exemptions. Exemption requests themselves will be acted on through later rulemakings. Timetable: Action Date FR Cite NPRM 01/00/11 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. 5387; None. URL For More Information: wfwfwf.epa.gov/mercury/ Agency Contact: 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 Peter Gimlin, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7404T, Washington, DC 20460 Phone: 202 566-0515 Email: gimlin.peter@epa.gov RIN: 2070-AJ60 901. 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 ------- 106 Fall 2009 Regulatory Agenda EPA—Toxic Substances Control Act (TSCA) Long-Term Actions 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 like recovery efforts, Veolia recently responded to the questions from the hearing. EPA is reviewing the hearing response material and needs to determine if any more information is needed. 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 NPRM Extended 06/05/08 Comment Period End 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: www.epa.gov/pcb Agency Contact: William Noggle, Environmental Protection Agency, Solid Waste and Emergency Response, 5304P, Washington, DC 20460 Phone: 703 347-8769 Fax: 703 308-0514 Email: noggle.william@epamail.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-AG42 902. POLYCHLORINATED BIPHENYLS (PCBS); PLACEHOLDER FOR 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: Agency Contact: Peter Gimlin, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7404T, Washington, DC 20460 Phone: 202 566-0515 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 903. FORMALDEHYDE EMISSIONS FROM PRESSED WOOD PRODUCTS Priority: Other Significant. Major status under 5 USC 801 is undetermined. Unfunded Mandates: Undetermined Legal Authority: 15 USC 2605 TSCA 6 CFR Citation: Not Yet Determined Legal Deadline: None Abstract: In response to a petition filed under TSCA section 21, EPA has initiated a proceeding to investigate risks posed by formaldehyde emitted from pressed wood products. As indicated in that response, EPA 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 ------- Fall 2009 Regulatory Agenda 107 EPA—Toxic Substances Control Act (TSCA) Long-Term Actions 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 anticipates determining whether it should take action, which may include action under TSCA, or through other approaches. As EPA evaluates risks and options, EPA intends to engage the public and stakeholders. Timetable: Action Date FR Cite ANPRM 12/03/08 73 FR 73621 ANPRM: Extension of 01/30/09 74 FR 5632 Comment Period ANPRM Comment 02/02/09 Period End ANPRM Extended 03/19/09 Comment Period End Notice 08/00/12 Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined 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. 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 Fax: 202 566-0471 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 904. 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 12/00/10 Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: None Additional Information: SAN No. 4975 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: 202 564-9094 Email: schweer.greg@epa.gov RIN: 2070-AJ15 905. FOLLOW-UP RULES ON EXISTING CHEMICALS Priority: Routine and Frequent Legal Authority: 15 USC 2604 TSCA 5; 15 USC 2607 TSCA 8 CFR Citation: 40 CFR 704; 40 CFR 707; 40 CFR 710; 40 CFR 721 Legal Deadline: None Abstract: EPA monitors the commercial development of existing chemicals of concern and/or gathers information to support planned or ongoing risk assessments on such chemicals. As these chemicals are identified, EPA will initiate rulemakings under the Toxic Substances Control Act (TSCA) sections 5 and/or 8 to require reporting of appropriate needed information by the manufacturers, importers and/or processors of these chemicals. Individual proposed or final rules will be published as chemicals are identified. Timetable: Action Date FR Cite NPRM: 09/27/89 54 FR 39548 2,4-Pentanedione NPRM: Heavy Metals 01/15/02 67 FR 1937 Final: Heavy Metals 12/00/10 Final: 2,4 12/00/11 Pentanedione 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 Email: sheridan.diane@epa.gov ------- 108 Fall 2009 Regulatory Agenda EPA—Toxic Substances Control Act (TSCA) Long-Term Actions 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 906. REFRACTORY CERAMIC FIBERS (RCFS) Priority: Substantive, Nonsignificant Legal Authority: 15 USC 2604 TSCA 5; 15 USC 2605 TSCA 6 CFR Citation: 40 CFR 704; 40 CFR 721 Legal Deadline: None Abstract: EPA has instituted a program to monitor the commercial development of existing chemicals of concern and/or to gather information to support risk assessments on such chemicals including Refractory Ceramic Fibers (RCFs). RCFs are amorphous synthetic fibers that part of larger group called synthetic vitreous fibers (SVFs). RCFs are made by either "spinning" or "blowing" and are used primarily for high temperature industrial insulation purposes (e.g., furnaces, heaters, kilns) in addition to automotive applications, aerospace uses, and in certain other industrial applications. As chemicals of potential concern are identified, EPA will initiate rulemakings under the Toxic Substances Control Act (TSCA) when appropriate, to require reporting by the manufacturers, importers and/or processors of these chemicals. Timetable: Action Date FR Cite NPRM Original Final Action 03/21/94 59 FR 13294 12/00/11 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 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 Email: gimlin.peter@epa.gov RIN: 2070-AC37 907. 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). EGAs are usually less resource intensive than formal TSCA rule- making. In developing EGAs 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. The Agency may also consider test rules or EGAs 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 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 or EGA. Timetable: Action Date FR Cite ANPRM To Be Determined Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses Government Levels Affected: Federal Additional Information: SAN No. 3493 Sectors Affected: 325 Chemical Manufacturing; 32411 Petroleum Refineries URL For More Information: www.epa.gov/oppt/chemtest Agency Contact: Victoria 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 908. TEST RULE; HAZARDOUS AIR POLLUTANTS (HAPS) Priority: Info./Admin./Other Legal Authority: 15 USC 2603 TSCA 4 CFR Citation: 40 CFR 790 to 799 Legal Deadline: None Abstract: The Proposed Test Rule for Hazardous Air Pollutants (61 FR 33178, June 26, 1996) was proposed to require manufacturers and processors of 21 hazardous air pollutants (HAPs) to test their chemicals for certain health effects. EPA also solicited proposals for enforceable Consent Agreements (EGAs) regarding the performance of pharmacokinetics studies which would permit extrapolation from oral data to predict risk from inhalation exposure. The data would have primarily been used to implement several provisions of section 112 of the Clean Air Act (CAA), including determining residual risk, estimating risks associated with accidental releases of chemicals, and determining whether or not substances should be removed from the CAA section 1 12(b)(l) list of hazardous air pollutants (delisting). EPA's Office of Air Quality Planning and Standards (OAQPS), along with EPA's Office of Research and Development (ORD), informed EPA that it would not be prudent to expend resources to finalize this rule. EPA is also withdrawing this ------- Fall 2009 Regulatory Agenda 109 EPA—Toxic Substances Control Act (TSCA) Long-Term Actions proposed action because the original proposal was issued in 1996 and the Agency has determined that the record does not address recent scientific information developed since the original proposal. EPA is currently developing efforts to strengthen the agency's chemical management program under TSCA by ramping up efforts to assess, prioritize and take action on existing chemicals. As part of this enhanced effort EPA will consider how best to address potential concerns with these chemicals, which would include utilizing scientific information and data developed since the rule was proposed. This withdrawal, however, does not preclude the Agency from initiating the same or similar rulemaking at a future date. Timetable: Action Date FR Cite 06/26/96 61 FR 33178 12/23/96 NPRM NPRM Comment Period End Supplemental NPRM 12/24/97 62 FR 67466 Supplemental NPRM 02/09/98 Comment Period End Supplemental NPRM 04/21/98 63 FR 19694 2 Supplemental NPRM 06/22/98 2 Comment Period End Final Action To Be Determined Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses Government Levels Affected: Federal Additional Information: SAN No. 3487; EPA publication information: NPRM— http://www.epa.gov/fedrgstr/EPA- TOX/1996/June/Day-2 6/pr- 24153DIR/pr-24153.pdf Sectors Affected: 325 Chemical Manufacturing; 32411 Petroleum Refineries URL For More Information: 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: shaeffer.john@epa.gov Bob 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 RIN: 2070-AC76 909. TEST RULE; MULTIPLE SUBSTANCE RULE FOR THE TESTING OF DEVELOPMENTAL AND REPRODUCTIVE TOXICITY Priority: Substantive, Nonsignificant Legal Authority: 15 USC 2603 TSCA 4; 15 USC 2625 TSCA 26 CFR Citation: 40 CFR 790 to 799; 40 CFR 704 Legal Deadline: None Abstract: On March 4, 1991, EPA issued a proposed TSCA section 4 Test Rule to require testing of 12 chemicals for developmental and/or reproductive effects. Since issuing that proposed rule, 11 of the subject chemical substances have been sponsored under the international OECD HPV Screening Information Data Set (SIDS) Program, EPA's voluntary HPV Chemical Challenge Program, and/or the International Council of Chemical Associations (ICCA). Information obtained under these various data collection/development programs will be used to inform EPA's decision regarding the need to re-propose and ultimately finalize this TSCA section 4 Test Rule for some or all of the subject chemicals and for which endpoints they should be tested. Timetable: Action Date FR Cite NPRM Original 03/04/91 56 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: www.epa.gov/oppt/chemtest Agency Contact: Catherine Roman, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7405M, Washington, DC 20460 Phone: 202 564-8172 Fax: 202 564-4765 Email: roman.catherine@epa.gov Mike Mattheisen, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7405M, Washington, DC 20460 Phone: 202 564-3077 Fax: 202 564-4765 Email: mattheisen.mike@epa.gov RIN: 2070-AD44 910. 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 U.S. chemical producers and importers to voluntarily provide existing screening level data, or, if none exist, to develop such data on U.S. 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 is evaluating the need for any additional testing of the subject aryl phosphate base stocks under an EGA or rulemaking. ------- 110 Fall 2009 Regulatory Agenda EPA—Toxic Substances Control Act (TSCA) Long-Term Actions Timetable: 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: www.epa.gov/oppt/chemtest Agency Contact: Mike Mattheisen, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7405M, Washington, DC 20460 Phone: 202 564-3077 Fax: 202 564-4765 Email: mattheisen.mike@epa.gov 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: shaeffer.john@epa.gov RIN: 2070-AJ07 911. 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 commenced the proceeding by issuing an advance notice of proposed rulemaking (ANPRM) on June 15, 2009 that solicits public comment on several testing issues prior to the issuance of any proposed rule. The public comment period for the ANPRM ended on September 15, 2009 and EPA is now evaluating the need to propose a TSCA Section 4 Test Rule. Timetable: Action Date FR Cite ANPRM ANPRM Comment Period End NPRM 06/17/09 74 FR 28654 09/15/09 12/00/11 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: 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: shaeffer.john@epa.gov Mike Mattheisen, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7405M, Washington, DC 20460 Phone: 202 564-3077 Fax: 202 564-4765 Email: mattheisen.mike@epa.gov RIN: 2070-AJ34 912. 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. Timetable: Action Date FR Cite 08/16/06 71 FR47122 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: 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 ------- Fall 2009 Regulatory Agenda 111 EPA—Toxic Substances Control Act (TSCA) Long-Term Actions Email: shaeffer.john@epa.gov RIN: 2070-AB08 913. TSCA SECTION 8(D) HEALTH AND SAFETY DATA REPORTING RULES Priority: Routine and Frequent Legal Authority: 15 USC 2607(d) "TSCA 8(d)" CFR Citation: 40 CFR 716 Legal Deadline: None Abstract: These rules require chemical manufacturers, importers, and processors to submit unpublished health and safety data on chemicals added to the Toxic Substances Control Act (TSCA) section 8(d) Health and Safety Data Reporting Rule (40 CFR part 716). These chemicals have been identified by the Office of Pollution Prevention and Toxics, other EPA offices, and other Federal agencies, as well as recommended for testing consideration by the Interagency Testing Committee (ITC). 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 To Be Determined 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: shaeffer.john@epa.gov RIN: 2070-ABll 914. 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 06/00/11 Regulatory Flexibility Analysis Required: Undetermined Small Entities Affected: Businesses, Organizations Government Levels Affected: Federal, Local, State, Tribal Additional Information: SAN No. 4777 Sectors Affected: 92511 Administration of Housing Programs; 53111 Lessors of Residential Buildings and Dwellings; 53121 Offices of Real Estate Agents and Brokers; 522292 Real Estate Credit; 531311 Residential Property Managers URL For More Information: www.epa.gov/oppt/lead/ Agency Contact: John Wilkins, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7404T, Washington, DC 20460 Phone: 202 566-0477 Fax: 202 566-0471 Email: wlkins.john@epa.gov Cindy Wheeler, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7404T, Washington, DC 20460 Phone: 202 566-0484 Fax: 202 566-0471 Email: wheeler.cindy@epa.gov RIN: 2070-AD64 915. 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. ------- 112 Fall 2009 Regulatory Agenda EPA—Toxic Substances Control Act (TSCA) Long-Term Actions Timetable: Action Date FR Cite NPRM To Be Determined Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses, Organizations Government Levels Affected: Federal Additional Information: SAN No. 4598 Agency Contact: Greg Schweer, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7405M, Washington, DC 20460 Phone: 202 564-8469 Fax: 202 564-9094 Email: schweer.greg@epa.gov RIN: 2070-AD53 Environmental Protection Agency (EPA) Toxic Substances Control Act (TSCA) Completed Actions 916. 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: On July 15, 2009, EPA promulgated several minor, technical amendments to the Lead Renovation, Repair, and Painting Program that enable OPPTS and the Regions to implement the program effectively. The amendments include corrections to the regulatory text to require training providers to submit information on successful renovator and dust sampling technician trainees (including digital photographs) to EPA and corrections to 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. Timetable: Action Date FR Cite NPRM NPRM Comment Period End Final Action 04/22/09 74 FR 18330 05/22/09 07/15/09 74 FR 34257 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 5334; EPA publication information: NPRM— http ://www. epa.gov/fedrgstr/EPA- TOX/2009/April/Day-22/t9227.htm; EPA Docket information: EPA-HQ- OPPT-2005-0049; Final action— http://edocket.access.gpo.gov/2009/pdf/ E9-16814.pdf URL For More Information: 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 Fax: 202 566-0471 Email: wfheeler.cindy@epa.gov Michelle Price, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7404T, Washington, DC 20460 Phone: 202 566-0744 Fax: 202 566-0471 Email: price.michelle@epa.gov RIN: 2070-AJ48 Environmental Protection Agency (EPA) Emergency Planning and Community Right—to—Know Act (EPCRA) Proposed Rule Stage 917. 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 the event of an accident. EPA is considering a rule proposing revisions to the TPQ for solids in solution. 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 03/00/10 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 ------- Fall 2009 Regulatory Agenda 113 EPA—Emergency Planning and Community Right—to—Know Act (EPCRA) Proposed Rule Stage Response, 5104A, Washington, DC 20460 Phone: 202 564-8019 Fax: 202 564-2625 Email: jacob.sicy@epa.gov RIN: 2050-AF08 918. 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: 5171); and, Solvent Recovery Services (SIC code 7389). URL For More Information: Action Date FR Cite Response 07/00/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses Government Levels Affected: Federal, State Additional Information: SAN No. 2425.3; Split from RIN 2025-AAOO. Formerly listed as RIN 2070-ACOO. Statutory deadline: Within 180 days of receipt the Agency must either initiate rulemaking or explain why not in the Federal Register. Manufacturing industries in SIC codes 20-39 plus the following industries and SIC codes: Metal Mining (SIC code 10 except SIC codes 1011, 1081, and 1094); Coal Mining (SIC code 12 except SIC code 1241); Electric Utilities (SIC codes 4911, 4931, 4939); Commercial Hazardous Waste Treatment (SIC code 4953); Chemicals and Allied Products- Wholesale (SIC code 5169); Petroleum Bulk Terminals and Plants (SIC code Agency Contact: Daniel Bushman, Environmental Protection Agency, Office of Environmental Information, 2844T, Washington, DC 20460 Phone: 202 566-0743 Email: bushman.daniel@epamail.epa.gov Nicole Paquette, Environmental Protection Agency, Office of Environmental Information, 2844T, Washington, DC 20460 Phone: 202 566-0642 Email: paquette.nicole@epamail.epa.gov RIN: 2025-AA19 919. • TRI: NOTICE OF INTENT TO CONSIDER DISSOLUTION OF ADMINISTRATIVE STAY REGARDING HYDROGEN SULFIDE REPORTING REQUIREMENTS; OPPORTUNITY FOR PUBLIC COMMENT Priority: Info. /Admin. /Other Legal Authority: Not Yet Determined CFR Citation: Not Yet Determined Legal Deadline: None Abstract: In response to a petition from the Natural Resources Defense Council and the Governor of New York, hydrogen sulfide, along with 20 other chemicals and two chemical categories, was added to the Emergency Planning and Community Right-To-Know Act (EPCRA) section 313 list of toxic chemicals as part of a 1993 final rule (December 1, 1993, 58 FR 63500). Hydrogen sulfide was listed under the criteria of EPCRA section 313(d)(2)(B) based on chronic neurotoxic effects in humans and under EPCRA section 313(d)(2)(C) based on acute aquatic toxicity. However, on August 22, 1994 (59 FR 43048), EPA issued an Administrative Stay of the EPCRA section 313 reporting requirements for hydrogen sulfide. Some members of the regulated community expressed concern that the specific basis for listing hydrogen sulfide under EPCRA section 313(d)(2)(B) changed between the proposed rule (September 8, 1992, 57 FR 41020) and the final rule (December 1, 1993, 58 FR 63500) and that they did not have an opportunity to comment on the final basis for the addition under EPCRA section 313(d)(2)(B). Although the statutory basis for the determination did not change, the Agency did cite chronic neurotoxic effects in the final rule and chronic respiratory effects in the proposed rule as the specific effects of concern. In addition, charges were made that EPA's decision not to include evidence of exposure in deciding to list hydrogen sulfide on the basis of chronic human health effects was inconsistent with past Agency practice. EPA did not agree that it had been inconsistent in its use of exposure analysis in EPCRA section 313 listings, but felt that the public deserved an opportunity to be presented with further clarification of the Agency's position on this issue. Therefore, the Agency decided to issue an administrative stay of the reporting requirements for hydrogen sulfide in order to allow for additional time to review these issues. EPA stated that a subsequent Federal Register notice would provide a mechanism for the public to comment on the specific basis for listing hydrogen sulfide as well as providing a more complete discussion of use of exposure analysis in EPCRA section 313 listing decisions. This action is the subsequent Federal Register notice. EPA will take comments on its latest hazard assessment for hydrogen sulfide and EPA's intent to dissolve the administrative stay. Timetable: Action Date FR Cite Notice 01/00/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 5368 Agency Contact: Daniel Bushman, Environmental Protection Agency, Office of Environmental Information, 2844T, Washington, DC 20460 Phone: 202 566-0743 Email: bushman.daniel@epamail.epa.gov Nicole Paquette, Environmental Protection Agency, Office of Environmental Information, 2844T, Washington, DC 20460 Phone: 202 566-0642 Email: paquette.nicole@epamail.epa.gov RIN: 2025-AA27 ------- 114 Fall 2009 Regulatory Agenda EPA—Emergency Planning and Community Right—to—Know Act (EPCRA) Proposed Rule Stage 920. • TOXICS RELEASE INVENTORY; ADDITION OF NATIONAL TOXICOLOGY PROGRAM CARCINOGENS Priority: Substantive, Nonsignificant Legal Authority: Not Yet Determined CFR Citation: Not Yet Determined Legal Deadline: None Abstract: The National Toxicology Program (NTP) periodically publishes its Report on Carcinogens (RoC) which classifies chemicals as either "known to be a human carcinogen" or "reasonably anticipated to be a human carcinogen." The RoC is a congressionally mandated scientific and public health document that provides data on carcinogenicity, genotoxicity, and biologic mechanisms. The RoC evaluations are performed by scientists from the NTP, other Federal health research and regulatory agencies, and nongovernmental institutions. The RoC review process includes external peer review and public comment. EPA is reviewing the llth edition of the NTP RoC to identify those chemicals that are not currently on the Toxics Release Inventory (TRI) list and that have not previously been reviewed for listing. EPA will propose to add to the TRI list, those NTP carcinogens that have sufficient production or use levels such that the Agency expects that TRI reports will be filed. Timetable: 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. 5384 Agency Contact: Daniel Bushman, Environmental Protection Agency, Office of Environmental Information, 2844T, Washington, DC 20460 Phone: 202 566-0743 Email: bushman.daniel@epamail.epa.gov Nicole Paquette, Environmental Protection Agency, Office of Environmental Information, 2844T, Washington, DC 20460 Phone: 202 566-0642 Email: paquette.nicole@epamail.epa.gov RIN: 2025-AA28 921. CLARIFY TRI REPORTING OBLIGATIONS UNDER EPCRA SECTION 313 FOR METAL MINING ACTIVITIES 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 09/00/10 09/00/11 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: Agency Contact: Daniel Teitelbaum, Environmental Protection Agency, Office of Environmental Information, 2844T, Washington, DC 20460 Phone: 202 566-0964 Fax: 202 566-0741 Email: teitelbaum.daniel@epamail.epa.gov 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 RIN: 2025-AAll 922. TOXICS RELEASE INVENTORY (TRI) ARTICLES EXEMPTION CLARIFICATION RULE Priority: Info./Admin./Other Unfunded Mandates: Undetermined Legal Authority: Not Yet Determined CFR Citation: Not Yet Determined Legal Deadline: None Abstract: Toxics Release Inventory (TRI) reporting is required by section 313 of the Emergency Planning and Community Right-To-Know Act ------- Fall 2009 Regulatory Agenda 115 EPA—Emergency Planning and Community Right—to—Know Act (EPCRA) Proposed Rule Stage (EPCRA) and section 6607 of the Pollution Prevention Act. 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 part 372.3803).] 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 12/00/09 09/00/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 5296; Facilities included in the following NAICS manufacturing codes (corresponding to SIC codes 20 through 39): 311*,312*, 313*, 314*, 315*, 316, 321, 322, 323*, 324, 325*, 326*, 327, 331, 332, 333, 334*, 335*, 336, 337*, 339*,111998*, 211112*, 212234*, 212235*, 212393*, 212399*, 488390*, 511110, 511120, 511130, 511140*, 511191, 511199, 511220, 512230*, 516110*, 541710*, or 811490*. *Exceptions and/or limitations exist for these NAICS codes. Facilities included in the following NAICS codes (corresponding to SIC codes other than SIC codes 20 through 39): 212111, 212112, 212113 (correspond to SIC 12, Coal Mining (except 1241)); or 212221, 212222, 212231, 212234, 212299 (correspond to SIC 10, Metal Mining (except 1011, 1081, and 1094)); or 221111, 221112, 221113, 221119, 221121, 221122 (Limited to facilities that combust coal and/or oil for the purpose of generating power for distribution in commerce) (correspond to SIC 4911, 4931, and 4939, Electric Utilities); or 424690, 425110, 425120 (Limited to facilities previously classified in SIC 5169, Chemicals and Allied Products, Not Elsewhere Classified); or 424710 (corresponds to SIC 5171, Petroleum Bulk Terminals and Plants); or 562112 (Limited to facilities primarily engaged in solvent recovery services on a contract or fee basis (previously classified under SIC 7389, Business Services, NEC)); or 562211, 562212, 562213, 562219, 562920 (Limited to facilities regulated under the Resource Conservation and Recovery Act, subtitle C, 42 U.S.C. 6921 et seq.) (correspond to SIC 4953, Refuse Systems). Agency Contact: Steven DeBord, Environmental Protection Agency, Office of Environmental Information, 2844T, Washington, DC 20460 Phone: 202 566-0731 Email: debord.steven@epamail.epa.gov Ingrid Rosencrantz, Environmental Protection Agency, Office of Environmental Information, 2844T, Washington, DC 20460 Phone: 202 566-0961 Email: rosencrantz.ingrid@epamail.epa.gov RIN: 2025-AA24 Environmental Protection Agency (EPA) Emergency Planning and Community Right—to—Know Act (EPCRA) Long-Term Actions 923. EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT: AMENDMENTS AND STREAMLINING RULE Priority: Other Significant Legal Authority: 42 USC 11002; 42 USC 11004; 42 USC 11048; 42 USC 11021; 42 USC 11022 CFR Citation: 40 CFR 370 Legal Deadline: None Abstract: This supplemental proposal will address reporting thresholds for rock salt, sand, gravel and other chemicals that pose minimal risk. The proposed rule was published on June 8, 1998 (63 FR 31268). This supplemental rule, when finalized, will minimize burden for those facilities that are currently reporting chemicals that pose minimal risk under sections 311 and 312 of the Emergency Planning and Community Right-To-Know Act. This rule, when finalized, may also reduce the number of facilities subject to these reporting requirements. The reporting requirements under sections 311 and 312 are intended to enhance communities' and emergency response officials' awareness of chemical hazards; to facilitate the development of State and local emergency response plans; and to aid communities and emergency response officials in preparing for and responding to emergencies safely and effectively. By proposing to provide relief from routine reporting of substances with minimal hazards and minimal risk, State and local officials can focus on chemicals that may pose more significant hazard or may present greater risks to the community. Timetable: Action Date FR Cite Supplemental NPRM To Be Determined Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal, Local, State, Tribal Additional Information: SAN No. 3215.1; Split from RDM 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 924. 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 ------- 116 Fall 2009 Regulatory Agenda EPA—Emergency Planning and Community Right—to—Know Act (EPCRA) Long-Term Actions 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 RDM 2025-AAOO. Formerly listed as RDM 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, 2844T, Washington, DC 20460 Phone: 202 566-0743 Email: bushman.daniel@epamail.epa.gov Nicole Paquette, Environmental Protection Agency, Office of Environmental Information, 2844T, Washington, DC 20460 Phone: 202 566-0642 Email: paquette.nicole@epamail.epa.gov RIN: 2025-AA16 925. TRI; RESPONSE TO PETITION TO ADD DIISONONYL PHTHALATE TO THE TOXICS RELEASE INVENTORY LIST OF TOXIC CHEMICALS Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined. Legal Authority: 42 USC 11013 EPCRA 313 CFR Citation: 40 CFR 372 Legal Deadline: None Abstract: This action will respond to a petition received by EPA to add diisononyl phthalate to the list of toxic chemicals reportable under section 313 of the Emergency Planning and Community Right-To-Know Act (EPCRA). EPA will respond to the petition by either granting or denying the petition. If EPA grants the petition a notice of proposed rulemaking will be published in the Federal Register, if EPA denies the petition a notice of petition denial will be published. The addition of this chemical would make it subject to all the reporting requirements under the Toxic Chemical Release Reporting Rule. Timetable: Action Date FR Cite NPRM Original NPRM Comment Period End Notice of Data Availability Final Action 09/05/00 65 FR 53681 12/04/00 06/14/05 70 FR 34437 To Be Determined Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses Government Levels Affected: Federal, State Additional Information: SAN No. 2425.1; EPA publication information: Notice of Data Availability - http://www.epa.gov/fedrgstr/EPA- WASTE/2005/June/Day-14/fll664.htm; Split from 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 ------- Fall 2009 Regulatory Agenda 117 EPA—Emergency Planning and Community Right—to—Know Act (EPCRA) Long-Term Actions (correspond to SIC 12, Coal Mining (except 1241)); or 212221, 212222, 212231, 212234, 212299 (correspond to SIC 10, Metal Mining (except 1011, 1081, and 1094)); or 221111, 221112, 221113,221119, 221121, 221122 (Limited to facilities that combust coal and/or oil for the purpose of generating power for distribution in commerce) (correspond to SIC 4911, 4931, and 4939, Electric Utilities); or 424690, 425110, 425120 (Limited to facilities previously classified in SIC 5169, Chemicals and Allied Products, Not Elsewhere Classified); or 424710 (corresponds to SIC 5171, Petroleum Bulk Terminals and Plants); or 562112 (Limited to facilities primarily engaged in solvent recovery services on a contract or fee basis (previously classified under SIC 7389, Business Services, NEC)); or 562211, 562212, 562213, 562219, 562920 (Limited to facilities regulated under the Resource Conservation and Recovery Act, subtitle C, 42 U.S.C. 6921 et seq.) (correspond to SIC 4953, Refuse Systems). URL For More Information: wrwfwr.epa.gov/tri Agency Contact: Daniel Bushman, Environmental Protection Agency, Office of Environmental Information, 2844T, Washington, DC 20460 Phone: 202 566-0743 Email: bushman.daniel@epamail.epa.gov Nicole Paquette, Environmental Protection Agency, Office of Environmental Information, 2844T, Washington, DC 20460 Phone: 202 566-0642 Email: paquette.nicole@epamail.epa.gov RIN: 2025-AA17 Environmental Protection Agency (EPA) Emergency Planning and Community Right—to—Know Act (EPCRA) Completed Actions 926. TOXICS RELEASE INVENTORY FORM A ELIGIBILITY REVISIONS IMPLEMENTING THE 2009 OMNIBUS APPROPRIATIONS ACT Priority: Substantive, Nonsignificant Legal Authority: EPCRA sec 313 and PPA sec 6607 CFR Citation: 40 CFR 372 Legal Deadline: None Abstract: EPA amended 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 was taken to comply with the "Omnibus Appropriations Act of 2009" enacted on March 11, 2009. Timetable: Action Date FR Cite Final Action 04/27/09 74 FR 19001 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 5343; EPA publication information: Final Action— http://edocket.access.gpo.gov/2009/pdf/ E9-9530.pdf 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) Resource Conservation and Recovery Act (RCRA) Proposed Rule Stage 927. STANDARDS FOR THE MANAGEMENT OF COAL COMBUSTION RESIDUALS GENERATED BY COMMERCIAL ELECTRIC POWER PRODUCERS Regulatory Plan: This entry is Seq. No. 75 in part II of this issue of the Federal Register. RIN: 2050-AE81 928. EPISODIC GENERATION RULEMAKING Priority: Other Significant 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 09/00/10 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 Fax: 703 308-0514 Email: oleary.jim@epa.gov Charlotte Mooney, Environmental Protection Agency, Solid Waste and Emergency Response, 5403P, Washington, DC 20460 Phone: 703 308-7025 Fax: 703 308-0514 Email: mooney.charlotte@epa.gov RIN: 2050-AG51 ------- 118 Fall 2009 Regulatory Agenda EPA—Resource Conservation and Recovery Act (RCRA) Proposed Rule Stage 929. 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, September 15, 2009, -. Final, Judicial, July 15, 2010, -. Abstract: The Agency is considering proposing to define whether non- hazardous secondary materials used as fuels or ingredients in combustion units are solid wastes under the Resource Conservation and Recovery Act (RCRA). This in turn will assist the Agency in developing regulatory standards under sections 112 and 129 of the Clean Air Act (CAA). If the secondary material is considered a "solid waste," then the unit that uses 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 ANPRM Comment Period End NPRM Final Action 01/02/09 74FR41 02/02/09 12/00/09 To Be Determined Regulatory Flexibility Analysis Required: Undetermined Small Entities Affected: Businesses Government Levels Affected: Federal, State, Local, 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; http://www.regulations.gov/ fdmspublic/component/ main?main=DocketDetail&d=EPA-HQ- RCRA-2008-0329; EPA Docket information: EPA-HQ-RCRA-2008-0329 URL For More Information: http://www.epa.gov/epawaste/ index.htm Agency Contact: Marc Thomas, Environmental Protection Agency, Solid Waste and Emergency Response, 5303P, Washington, DC 20460 Phone: 703 308-0023 Fax: 703 308-8686 Email: thomas.marc@epamail.epa.gov Michael Galbraith, Environmental Protection Agency, Solid Waste and Emergency Response, 5303P, Washington, DC 20460 Phone: 703 605-0567 Fax: 703 308-8686 Email: galbraith.michael@epa.gov RIN: 2050-AG44 930. HAZARDOUS WASTE MANAGEMENT SYSTEM; IDENTIFICATION AND LISTING OF HAZARDOUS WASTE; REMOVING SACCHARIN AND ITS SALTS FROM THE LISTS OF HAZARDOUS CONSTITUENTS, HAZARDOUS WASTES, AND HAZARDOUS SUBSTANCES Priority: Other Significant Legal Authority: 42 USC 6905, 69l2(a), 6921, 6922 ( RCRA sec 3001); 42 USC 9602 (CERCLA sec 102); 42 USC 9603 (CERCLA sec 103); 42 USC 9604; 33 USC 1321 and 1361 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(f)), and the list of hazardous substances (40 CFR section 302.4). 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, the Agency 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@ep amail. ep a. 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 931. • WITHDRAWAL OF EXPANSION OF RCRA COMPARABLE FUELS EXCLUSION Priority: Other Significant Legal Authority: 42 USC 6924 CFR Citation: 40 CFR 261.38 Legal Deadline: None Abstract: EPA is proposing to withdraw the emission comparable fuels rule. This action is based on a judgment that these materials appear to have the characteristics of hazardous waste, more appropriately regulated under full hazardous waste requirements. In this rule, it was necessary to impose an extensive list of hazardous waste management-like conditions in order to assure safe management and burning of these hazardous secondary materials and to assure that the materials are not discarded. Timetable: Action Date FR Cite NPRM 12/00/09 Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses Government Levels Affected: Federal, State ------- Fall 2009 Regulatory Agenda 119 EPA—Resource Conservation and Recovery Act (RCRA) Proposed Rule Stage Additional Information: SAN No. 4977.1; Split from RIN 2050-AG24; EPA Docket information: EPA-HQ-RCRA- 2005-0017; http://www.regulations.gov URL For More Information: http://www.epa.gov/epaoswer/ hazwaste/combust/compfuels/ exclusion.htm Agency Contact: Mary Jackson, Environmental Protection Agency, Solid Waste and Emergency Response, 5302P, Washington, DC 20460 Phone: 703 308-8453 Fax: 703 308-8433 Email: jackson.mary@epa.gov Bob Holloway, Environmental Protection Agency, Solid Waste and Emergency Response, 5302P, Washington, DC 20460 Phone: 703 308-8461 Fax: 703 308-8433 Email: holloway.bob@epa.gov RIN: 2050-AG57 932. HAZARDOUS WASTE TECHNICAL CORRECTIONS AND CLARIFICATIONS RULE Priority: Other Significant Legal Authority: 42 USC 6905 to 6906; 42 USC 6912; 42 USC 6921 to 6927; 42 USC 6930; 42 USC 6933 to 6939; 42 USC 6974 CFR Citation: 40 CFR 260 to 266; 40 CFR 268; 40 CFR 270 Legal Deadline: None Abstract: This 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 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 Rule 12/00/09 12/00/09 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 Fax: 703 308-0514 Email: oleary.jim@epa.gov RIN: 2050-AG52 Environmental Protection Agency (EPA) Resource Conservation and Recovery Act (RCRA) Final Rule Stage 933. 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 has revised its risk analysis used to evaluate the risks to human health and the environment if solvent- contaminated wipes or laundry sludge are allowed to be disposed in a municipal solid waste landfill. A Notice of Data Availability will be published in the Federal Register 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 NPRM Comment Period End Notice of Data Availability Final Action 11/20/03 68 FR 65586 02/18/04 10/27/09 74 FR 55163 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; Notice of Data Availability— http://edocket.access.gpo.gov/2009/pdf/ EQ-25812.pdf; 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 ------- 120 Fall 2009 Regulatory Agenda EPA—Resource Conservation and Recovery Act (RCRA) Final Rule Stage 934. REQUIREMENTS FOR TRANSBOUNDARY SHIPMENTS OF WASTES, EXPORT SHIPMENTS OF SPENT LEAD-ACID BATTERIES, SUBMITTING EXCEPTION REPORTS FOR EXPORT SHIPMENTS OF HAZARDOUS WASTES AND IMPORTS OF HAZARDOUS WASTES Priority: Other Significant Legal Authority: 42 USC 6901 et seq CFR Citation: 40 CFR 262 subpart H (Revision); 40 CFR 262.58; 40 CFR 262.10(d); 40 CFR 263.10(d); 40 CFR 266.80(a); 40 CFR 262.55; 40 CFR 264.71(a)(3); 40 CFR 265.71 (a)(3); 40 CFR 271.1(j) Legal Deadline: None Abstract: The Agency would revise the existing regulation under the Resource Conservation and Recovery Act (RCRA) regarding the transboundary movement of hazardous waste among countries belonging to the Organization for Economic Cooperation and Development (OECD), as specified in 40 CFR part 262, subpart H to 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. In addition to the OECD amendments, the Agency would 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, to require appropriate notice and consent for those batteries intended for export/reclamation. EPA would 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 NPRM Comment Period End Final Action 10/06/08 73 FR 58388 12/05/08 01/00/10 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 935. 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. Action Date FR Cite Timetable: Action NPRMCPG1 Final CPG1 NPRMCPG2 Final CPG2 NPRMCPG3 Date FR Cite 04/20/94 59 FR 18892 05/01/95 60 FR 21 370 11/07/96 61 FR 57748 11/13/97 62 FR 60962 08/26/98 63 FR 45558 08/28/01 66 FR 45256 07/16/03 68 FR 42040 12/10/03 68 FR 68813 04/30/04 69 FR 24028 09/14/07 72 FR To Be Determined Final-CPG3-RMAN3 01/19/00 65FR3069 NPRMCPG4 NODAon Nylon Carpet NPRMCPG5 Final-CPG4-RMAN4 Final CPG 5 Final CPG for Nylon Carpet Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal, State, Local Additional Information: SAN No. 3545; EPA publication information: NODA on Nylon Carpet - http://frwebgate.access.gpo.gov/ cgi- bin/getdoc.cgi?dbname= 2003 registers 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 ------- Fall 2009 Regulatory Agenda 121 EPA—Resource Conservation and Recovery Act (RCRA) Long-Term Actions URL For More Information: www.epa.gov/cpg Agency Contact: Marlene Regelski—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 936. MANAGEMENT OF CEMENT KILN DUST (CKD) Priority: Other Significant Legal Authority: 42 USC 6912(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. Timetable: Action Date FR Cite Action Date FR Cite Regulatory Determination NPRM Notice—Extend Comment Period NPRM Comment Period End 02/07/95 60 FR 7366 08/20/99 64 FR 45632 10/28/99 64 FR 58022 11/18/99 NoDA1 Notice—Extend Comment Period Final Action 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@epamail.epa.gov RIN: 2050-AE34 937. STANDARDS FOR THE SAFE AND ENVIRONMENTALLY PROTECTIVE PLACEMENT OF COAL COMBUSTION RESIDUALS 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 residuals (CCRs) for filling surface or underground coal mines, referred to as minefilling, not regulated under SMCRA. CCRs are byproducts 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 CCRs in coal mines. NRC recommended that OSM and/or EPA promulgate enforceable federal regulations governing the minefilling of CCRs. In response to the NRC study, OSM published on Advanced Notice of Proposed Rulemaking on Placement of CCRs 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. 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 To Be Determined 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 ------- 122 Fall 2009 Regulatory Agenda EPA—Resource Conservation and Recovery Act (RCRA) Long-Term Actions 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 RIN: 2050-AG45 938. 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 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 (EPA Form 8700-22). The manifest form revisions were decoupled from action on the electronic manifest, and the Final Form Revisions Rule was published in the Federal Register on June 16, 2005. The May 2001 electronic manifest proposed rule was a standards-based decentralized approach under which EPA would establish and maintain the standards that would guide the development of electronic manifest systems by private sector entities that chose to participate in the system. However, since publication of the May 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 eManifests 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 authorizing legislation for eManifest. Timetable: Action Date FR Cite NPRM Original NPRM Comment Period End Notice of Public Meeting NODA NODAi2 Final Action 05/22/01 66 FR 28240 08/20/01 04/01/04 69 FR 171 45 04/18/06 71 FR 19842 02/26/08 73 FR 10204 To Be Determined Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal, State Additional Information: SAN No. 3147.1; EPA publication information: NPRM Original— http://www.gpo.gov/su docs/aces/fr- cont.html; Split from RDM 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 939. AMENDMENT TO THE UNIVERSAL WASTE RULE: ADDITION OF PHARMACEUTICALS Priority: Other Significant Legal Authority: 42 USC 69l2(a); 42 USC 6921; 42 USC 6922; 42 USC 6923; 42 USC 6924; 42 USC 6926; 42 USC 6927; 42 USC 6930; 42 USC 6937 CFR Citation: 40 CFR 260; 40 CFR 261; 40 CFR 264; 40 CFR 265; 40 CFR 268; 40 CFR 270; 40 CFR 273 Legal Deadline: None Abstract: On December 2, 2008, EPA proposed to add hazardous pharmaceutical wastes to the federal universal waste program. The universal waste regulations streamline the collection requirements for specified hazardous wastes over current Resource Conservation and Recovery Act (RCRA) hazardous waste requirements. Even if included under the universal waste program, pharmaceutical universal wastes will still need to be sent to destination facilities that must comply with the applicable treatment, storage and disposal of the waste under the full hazardous waste regulations. Finally, because this rule is less stringent than current RCRA hazardous waste regulations, authorized states are not required to modify their programs to adopt this regulation, if finalized. Therefore, the regulated entities that could opt-in to the universal waste regime include those in authorized states that have adopted the universal waste rule and amended their programs to include hazardous pharmaceutical wastes. Timetable: Action Date FR Cite NPRM NPRM Comment Period Extended 12/02/08 73 FR 73520 01/30/09 74 FR 5633 ------- Fall 2009 Regulatory Agenda 123 EPA—Resource Conservation and Recovery Act (RCRA) Long-Term Actions Action Date FR Cite NPRM Comment Period End Final Action 02/02/09 04/00/11 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: State, Local Additional Information: SAN No. 5127; EPA publication information: NPRM - http://edocket.access.gpo.gov/2008/E8- 28161.htm; Docket for proposed rule: http://www.regulations.gov/ fdmspublic/component/ main?main=DocketDetail&d=EPA-HQ- RCRA-2007-0932; 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 940. REVISIONS TO LAND DISPOSAL RESTRICTIONS TREATMENT STANDARDS AND AMENDMENTS TO RECYCLING REQUIREMENTS FOR SPENT PETROLEUM REFINING HYDROTREATING AND HYDROREFINING CATALYSTS Priority: Other Significant Legal Authority: 42 USC 1006; 42 USC 2002(a); 42 USC 3001 to 3009; 42 USC 3014; 42 USC 6905; 42 USC 6906; 42 CFR 6912; 42 USC 6921; 42 USC 6922; 42 USC 6924 to 6927; 42 USC 6934; 42 USC 6937; 42 USC 6938 CFR Citation: 40 CFR 261; 40 CFR 268; 40 CFR 271 Legal Deadline: None Abstract: In response to a rulemaking petition, EPA is considering amending the Land Disposal Restriction (LDR) treatment 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 considering proposing a rule 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 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: State Additional Information: SAN No. 5070; EPA publication information: Notice of Data Availability— http ://www. epa.gov/fedrgstr/EPA- WASTE/2003/November/Day- 24/f29319.htm; EPA Docket information: Legacy Docket No. RCRA- 2003-0023 for 10/20/03 NODA Agency Contact: Ross Elliott, Environmental Protection Agency, Solid Waste and Emergency Response, 5304P, Washington, DC 20460 Phone: 703 308-8748 Fax: 703 308-0514 Email: elliott.ross@epa.gov RIN: 2050-AG34 941. 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 developed and 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 942. IDENTIFYING THE UNIVERSE OF GOVERNMENT RESEARCH IN LABORATORIES AND DETERMINING STUDENT INVOLVEMENT IN GENERATING LABORATORY HAZARDOUS WASTE 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 sufficient 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 making available 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. ------- 124 Fall 2009 Regulatory Agenda EPA—Resource Conservation and Recovery Act (RCRA) Long-Term Actions Timetable: Action Date FR Cite Notice of Data To Be Determined Availability Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal, State, Local 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 RDM 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 Jessica Biegelson, Environmental Protection Agency, Solid Waste and Emergency Response, 5304P, Washington, DC 20460 Phone: 703 308-8286 Fax: 703 308-0026 Email: biegelson.jessica@epa.gov RIN: 2050-AG54 943. 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. 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. Timetable: Action NPRM Original NPRM NPRM on Date FR Cite 07/01/91 56 FR 30201 10/12/94 59 FR 51 523 To Be 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) Comprehensive Environmental Response, Compensation and Liability Act P re rule Stage 944. CERCLA 108(B) FINANCIAL RESPONSIBILITY Regulatory Plan: This entry is Seq. No. 65 in part II of this issue of the Federal Register. RIN: 2050-AG56 ------- Fall 2009 Regulatory Agenda 125 Environmental Protection Agency (EPA) Comprehensive Environmental Response, Compensation and Liability Act Proposed Rule Stage 945. NATIONAL PRIORITIES LIST FOR 1 1 M^/"\MTD/"\I 1 C r\ LJ A 7 A Dl"^/"\l IO UNCONTROLLED HAZARDOUS WASTE SITES Priority: Substantive, Nonsignificant Legal Authority: 42 USC 9605 CFR Citation: 40 CFR 300.425 Legal Deadline: None Abstract: This action will revise the sites included on the National Priorities List (NPL) of uncontrolled waste sites in the National Contingency Plan (NCP). CERCLA requires that the Agency revise the NPL at least annually. Periodic revisions will allow EPA to include sites on the NPL with known or threatened hazardous substance releases and to delete sites that have been cleaned up. Timetable: Action Date FR Cite 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 Environmental Protection Agency Action Final 26 NPRM 31 Final 28 NPRM 32 Final 29 NPRM 33 NPRM Alabama/Malone Final 30 NPRM 34 NPRM 35 Final 31 NPRM 36 Final 32 NPRM 37 NPRM Libby/Omaha Final adds 19 sites NPRM 38 Final Action Final Action NPRM1 Final 35 (adds 12 sites) NPRM 40 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 (EPA) Date FR Cite 02/04/00 65 FR 5435 02/04/00 65 FR 5468 05/11/00 65 FR 30482 05/11/00 65 FR 30489 07/27/00 65 FR 46096 07/27/00 65 FR 461 31 08/24/00 65 FR 51 567 12/01/00 65 FR 751 79 12/01/00 65 FR 7521 5 01/11/01 66 FR 2380 06/14/01 66 FR 32235 06/14/01 66 FR 32287 09/13/01 66 FR 47583 09/13/01 66 FR 4761 2 02/26/02 67 FR 8836 09/05/02 67 FR 56757 09/05/02 67 FR 56794 10/24/02 67 FR 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 Comprehensive Environmental Response, Compensation and Liability Action Date FR Cite NPRM 47 09/19/07 72 FR 53509 Final 44 03/19/08 73 FR 14719 NPRM 48 03/19/08 73 FR 14742 Final 45 09/03/08 73 FR 51 368 NPRM 49 09/03/08 73 FR 51 393 Final 46 04/09/09 74 FR 161 26 NPRM 50 04/09/09 74 FR 16162 Final 47 09/23/09 74 FR 4841 2 NPRM 51 09/23/09 74 FR 48504 NPRM 52 09/23/09 74 FR 4851 1 Final 48 12/00/09 Final 49 03/00/1 0 NPRM 53 03/00/10 Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal, Local, State Additional Information: SAN No. 3439 URL For More Information: wrwrwr.epa.gov/superfund Agency Contact: Terry Jeng, Environmental Protection Agency, Solid Waste and Emergency Response, 5204P, Washington, DC 20460 Phone: 703 603-8852 Fax: 703 603—9104 Email: jeng.terry@epa.gov Doug Ammon, Environmental Protection Agency, Solid Waste and Emergency Response, 5204P, Washington, DC 20460 Phone: 703 347—8925 Fax: 703 603-9104 Email: ammon.doug@epa.gov RIN: 2050-AD75 Final Rule Stage Act 946. • REVISE COOPERATIVE AGREEMENTS AND SUPERFUND STATE CONTRACTS FOR SUPERFUND RESPONSE ACTIONS Priority: Other Significant Legal Authority: 42 USC 9601 et seq CFR Citation: 40 CFR 35 Legal Deadline: None Abstract: 40 CFR part 35 subpart O prescribes requirements for administering cooperative agreements (CAs) awarded to states, Native American tribes, and political subdivisions to conduct remedial actions, non-time-critical removal actions, pre-remedial activities, and other response activities authorized by the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) section 104(a)-(j). In addition, subpart O prescribes requirements for the Superfund State Contract that is necessary whenever EPA or a political subdivision is the lead agency for a CERCLA remedial action. Subpart O rules were originally promulgated on June 5, 1990, and revised May 2, 2007. The Agency is considering revising the May 2, 2007, rule to further reduce the recipients' burden by allowing quarterly and semiannual progress reports to be due in 60 days, instead of 30 days. Also, under a Superfund State Contract, the Agency is considering whether the recipient may request that the overpayment of cost share from one site be applied to meet the cost share requirement of another site. Timetable: Action Date FR Cite Final Action 06/00/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal, Local, State, Tribal Additional Information: SAN No. 5376 URL For More Information: ------- 126 Fall 2009 Regulatory Agenda EPA—Comprehensive Environmental Response, Compensation and Liability Act Final Rule Stage www.epa.gov/superfund Agency Contact: Angelo Carasea, Environmental Protection Agency, Solid Waste and Emergency Response, 5204P, Washington, DC 20460 Phone: 703 603-8828 Fax: 703 603-9104 Email: carasea.angelo@epa.gov Doug Ammon, Environmental Protection Agency, Solid Waste and Emergency Response, 5204P, Washington, DC 20460 Phone: 703 347-8925 Fax: 703 603-9104 Email: ammon.doug@epa.gov RIN: 2050-AG58 Environmental Protection Agency (EPA) Comprehensive Environmental Response, Compensation and Liability Act Long-Term Actions 947. CORRECTION OF ERRORS AND ADJUSTMENT OF CERCLA REPORTABLE QUANTITIES Priority: Other Significant Legal Authority: 42 USC 9602 to 9603 CFR Citation: 40 CFR 302 (Revision) Legal Deadline: None Abstract: EPA is considering a proposal for corrections and other adjustments to 40 CFR 302.4, the Designation of Hazardous Substances. The proposal may include the correction of entries for individual substances, entries for F-and K- waste streams and entries in appendix A of 40 CFR 302.4. Other aspects of the proposal may include additional substances as entries in Table 302.4, appendix A to section 302.4, and the table in section 302.6(b)(iii); removal of other entries from these lists; and amendments to certain footnotes that explain entries in Table 302.4. Timetable: Action Date FR Cite NPRM To Be Determined Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Undetermined Additional Information: SAN No. 4737 Agency Contact: Lynn Beasley, Environmental Protection Agency, Solid Waste and Emergency Response, 5104A, Washington, DC 20460 Phone: 202 564-1965 Fax: 202 564-2625 Email: beasley.lynn@epa.gov RIN: 2050-AF03 948. 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 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 ------- Fall 2009 Regulatory Agenda 127 Environmental Protection Agency (EPA) Comprehensive Environmental Response, Compensation and Liability Act Completed Actions 949. INCLUSION OF CERCLA 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 has included 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 added State Response Program and Tribal Response Program specific provisions. Timetable: Action Date FR Cite Final Action 06/16/09 74 FR 28443 Technical Correction 09/08/09 74 FR 46019 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: State, Tribal Additional Information: SAN No. 5328; EPA publication information: Final Action— http ://www. epa.gov/fedrgstr/EPA- WASTE/2009/June/Day-16/fl4114.pdf; Technical Correction— http://edocket.access.gpo.gov/2009/pdf/ E9-21549.pdf URL For More Information: http://www.epa.gov/brownfields/ state tribal.htm 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) Clean Water Act Proposed Rule Stage 950. 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: EPA 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. These changes, if finalized, will help ensure protection of the environment when these products are used to clean up and mitigate oil spills (1) into or upon navigable waters, adjoining shorelines, the waters of the contiguous zone, or (2) which may affect natural resources belonging to or under the exclusive management authority of the United States. Further, the Agency is considering proposed changes to 40 CFR 110.4 regarding the use of dispersants. Timetable: Action Date FR Cite NPRM 06/00/10 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 951. 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; CWA 307; CWA 308; CWA 402; CWA 501 CFR Citation: 40 CFR 449 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 ------- 128 Fall 2009 Regulatory Agenda EPA—Clean Water Act Proposed Rule Stage 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 NPRM Comment Period End Final Action 08/28/09 74 FR 44675 12/28/09 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: NPRM— http://edocket.access.gpo.gov/2009/pdf/ E9-20291.pdf; 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 952. • GUIDELINES ESTABLISHING TEST PROCEDURES FOR THE ANALYSIS OF POLLUTANTS UNDER THE CLEAN WATER ACT; ANALYSIS AND SAMPLING PROCEDURES Priority: Substantive, Nonsignificant Legal Authority: 33 USC 1251; 33 USC 1314(h); 33 USC 1361(a) CFR Citation: 40 CFR 136; 40 CFR 423; 40 CFR 435 Legal Deadline: None Abstract: This regulatory action would propose to amend "Guidelines Establishing Test Procedures for the Analysis of Pollutants" at 40 CFR part 136 to approve test procedures (analytical methods) for use by testing laboratories for water monitoring. These test procedures are used to implement the NPDES program unless an alternate procedure is approved by a Regional Administrator. The proposed regulation would also revise, clarify, and correct errors and ambiguities in existing methods and the water monitoring regulations. Timetable: Action Date FR Cite NPRM 02/00/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses, Governmental Jurisdictions Government Levels Affected: Federal, Local, State Additional Information: SAN No. 5363 URL For More Information: www.epa.gov/waterscience/methods/ possible-updates.html Agency Contact: Meghan Hessenauer, Environmental Protection Agency, Water, 4303T, Washington, DC 20460 Phone: 202 566-1040 Fax: 202 566-1053 Email: hessenauer.meghan@epamail.epa.gov Lemuel Walker, Environmental Protection Agency, Water, 4303T, Washington, DC 20460 Phone: 202 566-1077 Email: walker.lemuel@epamail.epa.gov RIN: 2040-AF09 953. CRITERIA AND STANDARDS FOR COOLING WATER INTAKE STRUCTURES Regulatory Plan: This entry is Seq. No. 76 in part II of this issue of the Federal Register. RIN: 2040-AE95 954. 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, CWA 312(n)(5)(B)(i). 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 discharges (such as bilge water) have the potential to introduce oil or other organics into receiving waters; some (such as hull coating leachate) have the potential to introduce copper or other metals; and some (such as ballast water) have the potential to introduce nonindigenous invasive aquatic species. 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 ------- Fall 2009 Regulatory Agenda 129 EPA—Clean Water Act Proposed Rule Stage 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-AD39 955. NPDES APPLICATIONS REVISIONS Priority: Substantive, Nonsignificant Legal Authority: 33 USC 1311 CWA 301; 33 USC 1312 CWA 302; 33 USC 1314 CWA 304; 33 USC 1316 CWA 306; 33 USC 1318 CWA 308; 33 USC 1342 CWA 402; 33 USC 1361 CWA 501 CFR Citation: 40 CFR 122; 40 CFR 123; 40 CFR 124 Legal Deadline: None Abstract: The Water Permits Division is launching an effort to update specific elements of the existing NPDES regulations in order to provide clarifications related to the NPDES permit application and NPDES permit monitoring analytical detection level requirements. Timetable: Action Date FR Cite NPRM Final Action 07/00/10 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. 3786 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 David Hair, Environmental Protection Agency, Water, 4203M, Washington, DC 20460 Phone: 202 564-2287 Fax: 202 564-9544 Email: hair.david@epamail.epa.gov RIN: 2040-AC84 956. 2010 EFFLUENT GUIDELINES PROGRAM PLAN Priority: Substantive, Nonsignificant Legal Authority: CWA 304; CWA 306; CWA 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 activities and accomplishments for ongoing studies of categories that were identified in the 2008 Final Plan. Timetable: Action Date FR Cite Preliminary Plan Final Plan 12/00/09 12/00/10 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 URL For More Information: wfwfwf.epa.gov/guide/304m/index.html Agency Contact: Carey Johnston, Environmental Protection Agency, Water, 4303T, Washington, DC 20460 Phone: 202 566-1014 Fax: 202 566-1053 Email: johnston.carey@epamail.epa.gov Samantha Lewis, Environmental Protection Agency, Water, 4303T, Washington, DC 20460 Phone: 202 566-1058 Fax: 202 566-1053 Email: lewis.samantha@epa.gov RIN: 2040-AF06 957. • AMENDMENT TO EFFLUENT GUIDELINES FOR PRIMARY ALUMINUM SMELTING SUBCATEGORY OF THE NONFERROUS METALS MANUFACTURING POINT SOURCE CATEGORY Priority: Substantive, Nonsignificant Legal Authority: CWA 301; CWA 304; CWA 306; CWA 307; CWA 308; CWA 501 CFR Citation: 40 CFR 421 Legal Deadline: None Abstract: EPA plans to amend 40 CFR 421 to create updated discharge standards for those primary aluminum smelters that use both wet and dry scrubbing of their air emissions. As currently written, allowances exist for individual contributions to effluent discharges from a variety of processes present at primary aluminum smelter. These allowances include one for wastewater contributions resulting from the wet scrubbing of sulfur dioxide from potline emissions (40 CFR 421.23(n)). As the Agency continues to strengthen the regulation of air pollution from aluminum smelters, it is increasingly likely that higher wastewater pollutant concentrations from these wet scrubbers will result. The State of New York has identified a facility that exhibits just this problem with the discharge of fluoride, as a result of interference by sulfur captured ------- 130 Fall 2009 Regulatory Agenda EPA—Clean Water Act Proposed Rule Stage by the facility's wet scrubber. The extent of this problem is such that the facility is unable to comply with its fluoride effluent limit. An amendment of the current effluent guideline is expected to resolve this tension and make it easier for the Agency and regulated entities to manage cross- media effects. Timetable: Action Date FR Cite NPRM 04/00/10 Final Action 04/00/11 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 5362; Agency Contact: Ahmar Siddiqui, Environmental Protection Agency, Water, 4303T, Washington, DC 20460 Phone: 202 566-1044 Fax: 202 566-1053 Email: siddiqui.ahmar@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-AF12 958. NPDES PROGRAM MANAGEMENT INFORMATION RULEMAKING Priority: Other Significant Legal Authority: CWA sec 304(i) and 501(a), 33 USC 1314(i) and 1361(a) CFR Citation: 40 CFR 123, 403 and 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 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 04/00/10 04/00/11 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, 2222A, Washington, DC 20460 Phone: 202 564-6032 Email: hudock.andrew@epamail.epa.gov John Dombrowski, Environmental Protection Agency, Office of Enforcement and Compliance Assurance, 2222A, Washington, DC 20460 Phone: 202 566-0742 Email: dombrowski.john@epamail.epa.gov RIN: 2020-AA47 959. REGULATIONS FOR GRAY AND BLACK WATER DISCHARGES FROM CRUISE SHIPS OPERATING IN CERTAIN ALASKAN WATERS Priority: Other Significant Legal Authority: PL 106-554, sec 1404 to 1407 CFR Citation: Not Yet Determined Legal Deadline: None Abstract: 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 07/00/10 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 960. DEVELOPMENT OF BEST MANAGEMENT PRACTICES FOR RECREATIONAL BOATS UNDER THE CLEAN WATER ACT Priority: Other Significant Legal Authority: 33 USC 1251 et seq ------- Fall 2009 Regulatory Agenda 131 EPA—Clean Water Act Proposed Rule Stage CFR Citation: 40 CFR 140 (Revision) Legal Deadline: Final, Statutory, July 29, 2009, Clean Boating Act requires promulgation within 1 year of enactment. Abstract: This action is for the development of regulations by EPA to implement the Clean Boating Act (Pub. L. 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. The regulations also 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: Federal, Local, State, Tribal Additional Information: SAN No. 5311 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 John Lishman, Environmental Protection Agency, Water, 4504T, Washington, DC 20460 Phone: 202 566-1364 Email: lishman.john@epamail.epa.gov RIN: 2040-AF03 961. OIL AND GAS CONSTRUCTION STORMWATER RULE Priority: Other Significant Unfunded Mandates: Undetermined Legal Authority: 33 USC 1342(1) and 1362(24) CFR Citation: 40 CFR 122.26(a)(2)(ii) Legal Deadline: Other, Statutory, November 19, 2008, The oil and gas rule court-ordered vacatur 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 National Pollutant Discharge Elimination System (NPDES) permit requirements stormwater 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 NRDC v. U.S. EPA, 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 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 direct final rule will (1) Remove the codified 2006 rule from the Code of Federal Regulations consistent with the court vacatur and (2) codify the revised 2005 Energy Policy Act definition of "oil and gas exploration, production, processing, treatment, and transmission operations" to clarify that certain uncontaminated discharges from oil and gas construction activities are exempt from permitting as identified in section 402(I)(2) of the Clean Water Act. Timetable: Action Date FR Cite NPRM Direct Final Action 06/00/10 06/00/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 5330 Agency Contact: Bryan Rittenhouse, Environmental Protection Agency, Water, 4203M, Washington, DC 20460 Phone: 202 564-0577 Fax: 202 564-6431 Email: rittenhouse.bryan@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 962. • WATER QUALITY STANDARDS (NUMERIC NUTRIENT CRITERIA) FOR FLORIDA'S LAKES AND FLOWING WATERS Priority: Other Significant Unfunded Mandates: Undetermined Legal Authority: 33 USC 1251 et seq CFR Citation: Not Yet Determined Legal Deadline: Other, Statutory, January 14, 2010, CWA 303(c)(4) requires the Administration to publish a rule to set new or revised WQS after a formal determination is made by the Administration. Abstract: EPA is under a Consent Decree deadline to establish numeric nutrient criteria for the State of Florida's lakes and flowing waters. EPA made a determination on January 14, 2009, that numeric nutrient water quality standards are necessary for the state to meet the Clean Water Act (CWA) requirement to have standards to protect applicable designated uses. EPA committed in its determination to propose numeric nutrient criteria for inland waters by January 2010 and now this deadline is also in a consent decree. A separate rulemaking will follow for estuaries and coastal waters by January 2011. ------- 132 Fall 2009 Regulatory Agenda EPA—Clean Water Act Proposed Rule Stage 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. 5361 Agency Contact: Danielle Salvaterra, Environmental Protection Agency, Water, 4305T, Washington, DC 20460 Phone: 202 564-1631 Email: salvaterra.danielle@epamail.epa.gov Claudia Fabiano, Environmental Protection Agency, Water, 4305T, Washington, DC 20460 Phone: 202 566-0446 Email: fabiano.claudia@epamail.epa.gov RIN: 2040-AFll Environmental Protection Agency (EPA) Clean Water Act Final Rule Stage 963. REVISIONS TO THE SPILL PREVENTION, CONTROL, AND COUNTERMEASURE (SPCC) RULE Regulatory Plan: This entry is Seq. No. 84 in part II of this issue of the Federal Register. RIN: 2050-AG16 964. EFFLUENT LIMITATIONS GUIDELINES AND STANDARDS FOR THE CONSTRUCTION AND DEVELOPMENT POINT SOURCE CATEGORY Regulatory Plan: This entry is Seq. No. 85 in part II of this issue of the Federal Register. RIN: 2040-AE91 965. GUIDANCE FOR IMPLEMENTING THE METHYLMERCURY WATER QUALITY CRITERION 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 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 04/00/10 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: Holly Green, Environmental Protection Agency, Water, 4305T, Washington, DC 20460 Phone: 202 566-0651 Email: holly.green@epamail.epa.gov RIN: 2040-AE87 Environmental Protection Agency (EPA) Clean Water Act Long-Term Actions 966. 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, Local, State Additional Information: SAN No. 4049 URL For More Information: http://www.epa.gov/waterscience/ methods ------- Fall 2009 Regulatory Agenda 133 EPA—Clean Water Act 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 967. 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 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: wr\vwf.epa.gov/npdes Agency Contact: Kevin Weiss, Environmental Protection Agency, Water, 4203M, Washington, DC 20460 Phone: 202 564-0040 Fax: 202 564-0742 Email: wreiss.kevin@epa.gov Jennifer Molloy, Environmental Protection Agency, Water, 4203M, Washington, DC 20460 Phone: 202 564-6392 Fax: 202 564-6392 Email: molloy.jennifer@epa.gov RIN: 2040-AD02 968. 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: wrwrwr.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 ------- 134 Fall 2009 Regulatory Agenda EPA—Clean Water Act Long-Term Actions Phone: 202 564-0729 Fax: 202 564-0717 Email: billah.mohammed@epamail.epa.gov RIN: 2 040-ADS 7 969. 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 (PMO) requirements or a State dairy regulatory requirement equivalent to the current applicable PMO. Additionally EPA has requested comment on alternative approaches to address facilities that may have milk containers and associated piping and appurtenances. This proposal addresses concerns raised specifically by the dairy farm sector on the applicability of the SPCC requirements to milk containers. Timetable: Action Date FR Cite NPRM NPRM Comment Period End Final Action 01/15/09 74 FR 2461 02/17/09 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: wfwfwf.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 Gregory Wilson, Environmental Protection Agency, Solid Waste and Emergency Response, 5104A, Washington, DC 20460 Phone: 202 564-7989 Email: wilson.gregory@epa.gov RIN: 2050-AG50 970. 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 Limitations Guidelines and Standards for the Vinyl Chloride and Chlor-Alkali Point Source Categories; EPA Docket information: EPA-HQ-OW-2005-0012 URL For More Information: www.epa.gov/waterscience/guide/cch/ Agency Contact: Samantha Lewis, Environmental Protection Agency, Water, 4303T, Washington, DC 20460 Phone: 202 566-1058 Fax: 202 566-1053 Email: lewis.samantha@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 971. 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 ------- Fall 2009 Regulatory Agenda 135 EPA—Clean Water Act Long-Term Actions 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: 2 040-AE 7 7 Environmental Protection Agency (EPA) Clean Water Act Completed Actions 972. 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 was intended to update the removal credits regulation found at 40 CFR 403.7. Due to a shift in regulatory priorities, this action is being removed from the regulatory agenda and will be resumed in the future. Timetable: Action Date FR Cite ANPRM ANPRM Comment Period End Withdrawn 10/14/05 70 FR 60199 12/13/05 09/10/09 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None 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 973. OIL POLLUTION PREVENTION; NONTRANSPORTATION-RELATED ONSHORE FACILITIES COMPLIANCE DATES Priority: Other Significant Legal Authority: 33 USC 1321 CFR Citation: 40 CFR 112 Legal Deadline: None Abstract: The Environmental Protection Agency (EPA) amended the dates by which facilities must prepare or amend their Spill Prevention, Control, and Countermeasure (SPCC) Plans, and implement those Plans to November 10, 2010. The Agency also established November 10, 2010, as the date for farms to prepare or amend their Spill Prevention, Control, and Countermeasure Plans (SPCC Plans), and implement those Plans. Timetable: Action Date FR Cite Action Date FR Cite NPRM Comment Period End Final Action 12/26/08 06/19/09 74 FR 29136 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal, Local, State, Tribal Additional Information: SAN No. 2634.7; EPA publication information: NPRM— http://www.epa.gov/fedrgstr/EPA- WATER/2008/November/Day- 26/w28120.pdf; Split from RIN 2050- AG28, RIN 2050-AG23, and from RIN 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: howard.markw@epa.gov NPRM 11/26/08 73 FR 72016 RIN: 2050-AG49 ------- 136 Fall 2009 Regulatory Agenda Environmental Protection Agency (EPA) Safe Drinking Water Act (SDWA) P re rule Stage 974. SECOND 6-YEAR REVIEW OF EXISTING NATIONAL PRIMARY DRINKING WATER REGULATIONS Priority: Other Significant Legal Authority: 42 USC 300f et seq CFR Citation: 40 CFR 141; 40 CFR 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 6 years. According to SDWA, any revisions of drinking water regulations must maintain, or increase, the level of public health protection provided; however, EPA may identify regulatory changes that will streamline or reduce existing requirements without lessening the level of public health protection. As part of this action, the Office of Water (OW) will implement the existing protocol for conducting each 6- year review (developed under the first 6-year review cycle) to review critical elements for regulated chemical contaminants (e.g., health risks, occurrence, analytical methods, treatment technologies). No new requirements will be imposed by this action. The purpose of the review is to determine whether new data, technology, or other factors exist that justify revisions to existing NPDWRs. The outcome of the review will be a Federal Register notice making available the results of the Agency's review and recommendations for any regulations the Agency may consider revising. Because this action does not change or add to existing requirements, OW will not be performing a formal economic analysis or consulting with small businesses, governments, or tribal officials. OW does not plan to generate new data as part of this action; the review will be based on recent compliance data from public water systems and existing data on health effects (such as completed IRIS and OPPTS health risk assessments) and analytical methods. Timetable: Action Date FR Cite Notice 12/00/09 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 5066 Agency Contact: Karen Wirth, Environmental Protection Agency, Water, 4607M, Washington, DC 20460 Phone: 202 564-5246 Fax: 202 564-3760 Email: wirth.karen@epamail.epa.gov Rajiv Khera, Environmental Protection Agency, Water, 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) Proposed Rule Stage 975. 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 and 142 Legal Deadline: None Abstract: EPA is revising the Total Coliform Rule (TCR), which was published in 1989. On July 18, 2003, EPA published a Federal Register (68 FR 42907) Notice of Intent to revise the TCR. EPA intends revisions to the TCR to maintain or provide for greater human health protection than under the existing TCR while improving system efficiency. A Federal Advisory Committee recommended that EPA, as part of the TCR 6-year review process, "initiate a process for addressing cross- connection control and backflow prevention requirements and consider additional distribution system requirements related to significant health risks."The original TCR, promulgated in 1989, protects human health by requiring microbial monitoring in drinking water distribution systems. The TCR does not include distribution system corrective or protective requirements to reduce contamination from coliforms and other contaminants. Since then, EPA has gained a better understanding of distribution system impacts on human health and, therefore, intends to strengthen the TCR and to consider how to address distribution system contamination issues. The process to do so involves a performance evaluation, development of issue papers on both distribution systems and total coliform, stakeholders meetings, and proposed and final rules. EPA has also convened a Federal Advisory Committee to address the TCR revisions and to consider distribution system issues. In September 2008, members of the Federal Advisory Committee signed an agreement in principle (AIP), which recommended revisions to the TCR, as well as research and information collection needed to better understand potential public health impacts from conditions in the distribution system and control of microbial drinking water contamination. Timetable: Action Date FR Cite Action Date FR Cite NPRM Final Action 08/00/10 11/00/12 Notice of Agreement in 01/13/09 74FR1683 Principle Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Federal, Local, State, Tribal Federalism: Undetermined Additional Information: SAN No. 4775; EPA publication information: Notice of Agreement in Principle— http://www.epa.gov/fedrgstr/EPA- WATER/2009/January/Day- 13/w469.htm; 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 ------- Fall 2009 Regulatory Agenda 137 EPA—Safe Drinking Water Act (SDWA) Proposed Rule Stage Email: grubbs.thomas@epamail.epa.gov RIN: 2040-AD94 976. REVISING UNDERGROUND STORAGE TANK REGULATIONS- REVISIONS TO EXISTING REQUIREMENTS AND ADDITIONS TO INCORPORATE THE PROVISIONS OF THE ENERGY POLICY ACT Priority: Other Significant Legal Authority: 42 USC 15801 CFR Citation: 40 CFR 280 and 281 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 08/00/10 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: wrwfwf.epa.gov/oust/ Agency Contact: Elizabeth McDermott, Environmental Protection Agency, Solid Waste and Emergency Response, 5401P, Washington, DC 20460 Phone: 703 603-7175 Fax: 703 603-0175 Email: mcdermott.elizabeth@epamail.epa.gov Paul Miller, Environmental Protection Agency, Solid Waste and Emergency Response, 5401P, Washington, DC 20460 Phone: 703 603-7165 Fax: 703 603-0175 Email: miller.paul@epamail.epa.gov RIN: 2050-AG46 Environmental Protection Agency (EPA) Safe Drinking Water Act (SDWA) Long-Term Actions 977. NATIONAL PRIMARY DRINKING WATER REGULATIONS: RADON Priority: Economically Significant. Major under 5 USC 801. Unfunded Mandates: This action may affect State, local or tribal governments. Legal Authority: 42 USC 300f, et seq CFR Citation: 40 CFR 141; 40 CFR 142 Legal Deadline: 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 Date 09/30/86 07/18/91 02/26/99 11/02/99 FR Cite 51 FR 34836 56 FR 33050 64 FR 9560 64 FR 59246 NPRM Comment Period End Final Action 01/03/00 To Be 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 publication information: NPRM— http://www.epa.gov/ogwdw/radon/ proposal.html; EPA Docket information: EPA-HQ-OW-2003-0041 Sectors Affected: 22131 Water Supply and Irrigation Systems URL For More Information: http://www.epa.gov/ogwdw/radon.html Agency Contact: Rebeccak Allen, Environmental Protection Agency, Water, 4607M, Washington, DC 20460 Phone: 202 564-4689 Fax: 202 564-3760 Email: allen.rebeccak@epamail.epa.gov Eric Burneson, Environmental Protection Agency, Water, 4607M, Washington, DC 20460 ------- 138 Fall 2009 Regulatory Agenda EPA—Safe Drinking Water Act (SDWA) Long-Term Actions Phone: 202 564-5250 Email: burneson.eric@epa.gov RIN: 2040-AA94 978. NATIONAL PRIMARY DRINKING WATER REGULATIONS: ALDICARB Priority: Substantive, Nonsignificant Unfunded Mandates: Undetermined Legal Authority: 42 USC 300f et seq CFR Citation: 40 CFR 141; 40 CFR 142 Legal Deadline: None Abstract: EPA promulgated MCLs for aldicarb, aldicarb sulfoxide, and aldicarb sulfone in the Phase II rulemaking in 1991 at levels of 0.003, 0.004, and 0.002 ug/1, respectively. In response to an administrative petition from the manufacturer Rhone-Poulenc, the Agency issued an administrative stay of the effective date. EPA will reexamine risk assessment and occurrence data on aldicarb and make a determination of what further action is appropriate. Timetable: Action NPRM Final Action Date To Be To Be FR Cite Determined Determined Regulatory Flexibility Analysis Required: Undetermined Small Entities Affected: Businesses, Governmental Jurisdictions, Organizations Government Levels Affected: Federal, Local, State, Tribal Federalism: Undetermined Additional Information: SAN No. 3238 Sectors Affected: 22131 Water Supply and Irrigation Systems Agency Contact: Karen Wirth, Environmental Protection Agency, Water, 4607M, Washington, DC 20460 Phone: 202 564-5246 Fax: 202 564-3760 Email: wfirth.karen@epamail.epa.gov RIN: 2040-AC 13 979. NATIONAL SECONDARY DRINKING WATER REGULATIONS (NSDWR): METHYL TERTIARY BUTYL ETHER (MTBE) AND TECHNICAL CORRECTIONS TO THE NSDWR Priority: Other Significant Legal Authority: 42 USC 300f et seq CFR Citation: 40 CFR 143 (Revision) Legal Deadline: None Abstract: Methyl Tertiary Butyl Ether (MTBE) is an automobile fuel additive, introduced in the late 1970s during lead phase-out as an octane enhancer. It has been used in increasing quantity in the 1990s to meet the requirement of the federal Reformulated Gasoline (RFC) and Oxyfuels programs required by the Clean Air Act Amendments of 1990. However, MTBE has been detected in ground water and drinking water in a number of states due to leaking underground storage tanks and leaking pipelines. Although most of these detections are at levels well below health concern, MTBE's distinctive turpentine-like taste and odor can be detected at low levels. Presently, the Agency is revising the health assessment for MTBE. Timetable: Action Date FR Cite NPRM Final Action To Be Determined To Be Determined Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 4404 Sectors Affected: 22131 Water Supply and Irrigation Systems Agency Contact: Irene Dooley, Environmental Protection Agency, Water, 4607M, Washington, DC 20460 Phone: 202 564-1699 Fax: 202 564-3760 Email: dooley.irene@epamail.epa.gov RIN: 2040-AD54 980. • PERCHLORATE REGULATORY DETERMINATION 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) requires EPA to make determinations every 5 years of whether to regulate at least five contaminants on its Contaminant Candidate List (CCL). A regulatory determination is a formal decision on whether EPA should initiate a rulemaking process to develop a national primary drinking water regulation for a specific contaminant. EPA included perchlorate on the first and second CCLs that were published in the Federal Register on March 2, 1998 (63 FR 10273), and February 24, 2005 (70 FR 9071). On October 10, 2008, EPA published a preliminary regulatory determination for perchlorate in drinking water (73 FR 60262). EPA received comments from over 32,000 individuals and organizations in response to this notice. EPA has reviewed the information in these comments and has re-evaluated the scientific information regarding the perchlorate regulatory determination. To assure transparency in its decision making process, on August 19, 2009, EPA published a supplemental request for comments on its re-evaluation of the scientific data (74 FR 41883). EPA will make a final determination for perchlorate after review and consideration of public comments received on the supplemental request for comment. Timetable: Action Preliminary Determination Supplemental Notice Final Determination Date FR Cite 10/10/08 73 FR 60262 08/19/09 74 FR 41 883 To Be Determined Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 4821.1; EPA publication information: Preliminary Notice— http://www.epa.gov/fedrgstr/EPA- WATER/2007/May/Day-01/w7539.pdf; Split from RIN 2040-AE60; EPA Docket information: EPA-HQ-OW-2007-0068; Also related to RDM 2040-ZA02 URL For More Information: wfwfwf.epa.gov/safewfater/ccl/index.html Agency Contact: Eric Burneson, Environmental Protection Agency, Water, 4607M, Washington, DC 20460 Phone: 202 564-5250 Email: burneson.eric@epa.gov Related RIN: Related to 2040-AE60 RIN: 2040-AF08 981. 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 ------- Fall 2009 Regulatory Agenda 139 EPA—Safe Drinking Water Act (SDWA) Long-Term Actions 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 EPA 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 982. • UNREGULATED CONTAMINANT MONITORING REGULATION (UCMR 3) FOR PUBLIC WATER SYSTEMS REVISIONS Priority: Substantive, Nonsignificant Unfunded Mandates: Undetermined Legal Authority: 42 USC 300f et seq CFR Citation: 40 CFR 141 Legal Deadline: Final, Statutory, January 4, 2012, SDWA requires EPA to publish a UCMR every Abstract: The Safe Drinking Water Act (SDWA), as amended in 1996, requires the U.S. Environmental Protection Agency (EPA) to establish criteria for a program to monitor not more than 30 unregulated contaminants every five years. EPA published the first group of contaminants in the Unregulated Contaminant Monitoring Regulation (i.e., UCMR 1), which established a revised approach for UCMR implementation, in the Federal Register dated September 17, 1999 (64 FR 50556), and the second list of unregulated contaminants (UCMR 2) in the Federal Register dated January 4, 2007 (72 FR 367). The proposed regulation will meet the SDWA requirement for identifying new priority contaminants to be monitored during the third UCMR cycle (i.e., UCMR 3) of 2012-2015. Timetable: Action Date FR Cite NPRM Final Action 01/00/11 01/00/12 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 5360; Agency Contact: Dave Munch, Environmental Protection Agency, Water, 140, Cincinnati, OH 45268 Phone: 513 569-7843 Fax: 513 569-7191 Email: munch.dave@epamail.epa.gov Brenda Parris, Environmental Protection Agency, Water, 140, Cincinnati, OH 45268 Phone: 513 569-7961 Fax: 513 569-7191 Email: parris.brenda@epamail.epa.gov RIN: 2040-AF10 983. FEDERAL REQUIREMENTS UNDER THE UNDERGROUND INJECTION CONTROL (UIC) PROGRAM FOR CARBON DIOXIDE (CO2) GEOLOGIC SEQUESTRATION (GS) WELLS Priority: Other Significant. Major under 5 USC 801. Legal Authority: 42 USC 300f et seq CFR Citation: 40 CFR 144 to 146 (proposed revision) Legal Deadline: None Abstract: Geologic Sequestration (GS) is a key climate change mitigation technology. During GS, CO2 captured from an emission source such as a coal- fired electric power plant, is injected 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 (UIC) Programs in processing permit applications for pilot and other demonstration-scale GS projects as Class V UIC experimental technology wells. In addition, EPA committed to developing a long term management framework for permitting commercial scale GS projects. Part of this long term management framework included regulations for owners and operators of wells injecting CO2. New regulations for GS wells would provide a consistent framework for permitting GS wells to ensure that CO2 injection does not endanger underground sources of drinking water. EPA proposed regulations for GS wells on July 25, 2008. In addition, in August 2009, EPA published a supplemental Notice that presents and requests comment on new information and data related to GS. Timetable: Action Date FR Cite NPRM NPRM Comment Period End NODA Final Action 07/25/08 73 FR 43491 11/24/08 08/31/09 74 FR 44802 12/00/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal, State ------- 140 Fall 2009 Regulatory Agenda EPA—Safe Drinking Water Act (SDWA) Long-Term Actions 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: 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 Environmental Protection Agency (EPA) Safe Drinking Water Act (SDWA) Completed Actions 984. DRINKING WATER REGULATIONS FOR AIRCRAFT PUBLIC WATER SYSTEM Priority: Other Significant 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 NPRM NPRM Comment Period End Final Action Date FR Cite 04/09/08 73 FR 1931 9 07/08/08 10/19/09 74 FR 53589 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/ airlinewater/index2 .html Agency Contact: Rick Naylor, Environmental Protection Agency, Water, 4606M, Washington, DC 20460 Phone: 202 564-3847 Fax: 202 564-3847 Email: naylor.richard@epa.gov Cindy Mack, Environmental Protection Agency, Water, 4606M, Washington, DC 20460 Phone: 202 564-6280 Email: mack.cindy-y@epa.gov RIN: 2040-AE84 985. DRINKING WATER CONTAMINANT CANDIDATE LIST THREE Priority: Other Significant Legal Authority: 42 USC 300g-l(b) CFR Citation: None 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 10/08/09 74 FR 51850 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 4745; EPA publication information: Preliminary— 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 Email: burneson.eric@epa.gov RIN: 2040-AD99 986. 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 300g-l CFR Citation: 40 CFR 141 Legal Deadline: None Abstract: EPA promulgated the Stage 2 Disinfectants and Disinfectant Byproducts Rule on January 4, 2006 (71 ------- Fall 2009 Regulatory Agenda 141 EPA—Safe Drinking Water Act (SDWA) Completed Actions FR 388). The requirements for ground water systems serving 500 to 9,999 people were unintentionally excluded from the final rule. As a result, the rule allowed for less routine compliance monitoring than intended for this category of PWSs. These PWSs should have been required to monitor for both trihalo methanes (TTHMs) and HAAS concentrations. Due to the error, they were only required to monitor for either TTHMs or HAASs. EPA also added 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 added a reference to the list of additional methods to tables in 40 CFR 141. Timetable: Action Date FR Cite NPRM NPRM Comment Period End Final Action 11/14/08 73 FR 67456 01/13/09 06/29/09 74 FR 30953 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 5272; EPA publication information: Final Action— http://edocket.access.gpo.gov/2009/pdf/ E9-14598.pdf. 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 987. REVISIONS TO THE UNDERGROUND INJECTION CONTROL (UIC) REQUIREMENTS FOR CLASS V WELLS (COMPLETION OF A SECTION 610 REVIEW) Priority: Info./Admin./Other Legal Authority: 5 USC 610 CFR Citation: None 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) 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 entry in the regulatory agenda announced that while EPA had 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 would review the Class V Rule. As part of the review, EPA considered and solicited comments on the following factors: (1) The continued need for the rule; (2) the nature of complaints or comments received concerning the rule; (3) the complexity of the rule; (4) the extent to which the rule overlaps, duplicates, or conflicts with other Federal, State, or local government rules; and (5) the degree to which the technology, economic conditions or other factors have changed in the area affected by the rule. Based on the evaluation of the Class V Rule during promulgation and comment received, 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. Timetable: Action Final Action Begin Review End Comment Period End Review Date FR Cite 12/07/99 64 FR 68546 05/11/09 74 FR 21 991 08/11/09 09/02/09 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 ------- 142 Fall 2009 Regulatory Agenda Environmental Protection Agency (EPA) Shore Protection Act (SPA) Long-Term Actions 988. 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. E9-28594 Filed 12-04-09; 8:45 am] BILLING CODE 6560-50-S ------- * ; J»l ""^"^ 1' - Ti C „. * ™-*1- f .«*—* -' •of-. w,w -, » v "UFf^'<'4-'''tf^^M-;^' vfi "* ,•',•>.'•; • ^:«?vm«^^^iifc :^^^Sp|i;: ^ '".^ " • v; ------- 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 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-AO81 Renewable Fuels Standard Program Lead; Amendment to the Opt-out and Recordkeeping Provisions in the Renovation, Repair, and Painting -p. 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 ?(¥,n 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 ™™ » A ,A A Combined Rulemaking for Industrial, Commercial, and Institutional Boilers and Process Heaters at Major 2( )o( )-A N/144 Sources of HAP and Industrial, Commercial, and Institutional Boilers at Area Sources C. INDEX TO ENTRIES THAT MAY AFFECT SMALL ENTITIES WHEN A REGULATORY FLEXIBILITY ANALYSIS IS NOT REQUIRED The Regulatory Flexibility Act (5 U.S.C. 601) requires that agencies publish regulatory agendas identifying those rules that may have a significant economic impact on a substantial number of small entities. Agencies meet that requirement by including the information in their submissions for the Unified Agenda. Some agencies including EPA have chosen to identify additional regulatory actions that may have some impact on small entities even though a Regulatory Flexibility Analysis may not be required. The following index lists the regulatory actions in this publication for which agencies have chosen to indicate that some impact on small entities is likely even though a Regulatory Flexibility Analysis may not be required. ------- Businesses 2025-AA19 2025-AA11 2025-AA16 2025-AA17 2040-AF09 2040-AE95 2040-AC84 2040-AE91 2040-AD09 2040-AE82 2040-AC13 2040-AB85 2040-AE84 2050-AE87 2050-AG44 2050-AG57 2050-AG46 2050-AE51 2050-AG45 2060-AP22 2060-AI62 2060-AM09 2060-ANOO 2060-AN99 2060-AO12 2060-A017 2060-AP07 2060-AP93 2060-AH37 2060-AN46 2060-AN47 2060-AO15 2060-AO94 2060-AO98 TPJ; Response to Petition To Delete Acetonitrile From the Toxics Release Inventory List of Toxic Chemicals Clarify TRI Reporting Obligations Under EPCRA Section 313 for Metal Mining Activities 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 Guidelines Establishing Test Procedures for the Analysis of Pollutants Under the Clean Water Act; Analysis and Sampling Procedures Criteria and Standards for Cooling Water Intake Structures NPDES Applications Revisions 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 Effluent Limitations Guidelines and Standards for Chlorine and Chlorinated Hydrocarbon Manufacturing Process National Primary Drinking Water Regulations: Aldicarb Shore Protection Act Regulations Drinking Water Regulations for Aircraft Public Water System Revisions to the National Oil and Hazardous Substances Pollution Contingency Plan Identification of Non-Hazardous Materials That Are Solid Wastes Withdrawal of Expansion of RCRA Comparable Fuels Exclusion Revising Underground Storage Tank Regulations—Revisions to Existing Requirements and Additions To Incorporate the Provisions of the Energy Policy Act Modifications to RCRA Rules Associated With Solvent-Contaminated Industrial Wipes Standards for the Safe and Environmentally Protective Placement of Coal Combustion Residuals as Minefill in Coal Mines Not Regulated Under the Surface Mining Control and Reclamation Act Revision to Definition of Volatile Organic Compounds—Exclusion of Methyl Bromide and Methyl Iodide National VOC Emission Standards for Consumer Products; Amendments Protection of Stratospheric Ozone: Amendments to the Section 608 Leak Repair Regulations Implementing Periodic Monitoring in Federal and State Operating Permit Programs NESHAP: Mercury Cell Chlor-Alkali Plants-Amendments Commercial and Industrial Solid Waste Incineration Units; Response to Remand of New Source Performance Standards and Emission Guidelines Revision to Definition of Volatile Organic Compounds—Exclusion of Family of Four Hydrofluoropolyethers (HFPEs) and HFE-347pc-f Reconsideration of Halogenated Solvent Cleaning Final Residual Risk Rule Revision of New Source Performance Standards for New Residential Wood Heaters Review of New Sources and Modifications in Indian Country 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 ------- 2060-AO04 2060-AO38 2060-AK26 2060-AO42 2060-AO55 2060-AP36 2060-AO25 2060-AQ03 2060-AN43 2060-AM55 2060-AE94 2060-AO66 2060-AP44 2060-AO93 2060-AO79 2060-AO90 2070-AJ38 2070-AJ26 2070-AJ04 2070-AJ43 2070-AD16 2070-AJ47 2070-AJ50 2070-AJ54 2070-AD58 2070-AJ21 2070-AA59 2070-AB27 2070-AJ31 2070-AB79 2070-AJ29 2070-AD30 2070-AJ32 2070-AJ45 2070-AD14 2070-AC51 2070-AC64 Hospital/Medical/Infectious Waste Incineration Units—Response to Remand Control of Emissions From New Marine Compression-Ignition Engines at or Above 30 Liters per Cylinder Protection of Stratospheric Ozone: Listing of Substitutes for Ozone-Depleting Substances: N-Propyl Bromide Review of New Source Performance Standards—Portland Cement Petroleum Refinery Residual Risk Standards National Emission Standards for Hazardous Air Pollutants for Reciprocating Internal Combustion Engines Revision of Hearing—Protector Regulations Regulation To Establish Mandatory Reporting of GHGs From Industrial Landfills, Wastewater, Underground Coal Mines, and Magnesium Production 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 NSPS: SOCMI-Wastewater and Amendment to Appendix C of Part 63 and Appendix J of Part 60 Plywood and Composite Wood Products (PCWP) NESHAP—Amendments To Address "No Emission Reduction" MACT Floors National Emission Standards for Hazardous Air Pollutants for Area Sources: Electric Arc Furnace Steelmaking Facilities; Amendments NESHAP: Area Source Standards—Aluminum, Copper, and Other Nonferrous Foundries Greenhouse Gas Mandatory Reporting Rule NSPS Equipment Leaks—Extension of Stay Poly chlorinated Biphenyls (PCBs); Reassessment of Use Authorizations Pesticides; Determination of Status of Prions as Pests TSCA Inventory Nomenclature for Enzymes and Proteins TSCA Inventory Update Reporting Modifications Test Rule; Testing of Certain High Production Volume (HPV) Chemicals Test Rule; Certain Nanoscale Materials TSCA Section 13 Amendment: Electronic Reporting of TSCA Chemical Import Data in the Automated Commercial Environment (ACE) Nanoscale Materials Amendment to the Premanufacture Notification Exemptions; Revisions of Exemptions for Certain Polymers Clarification on TSCA Inventory Status of Activated Phosphors Significant New Use Rules (SNURs); Follow-Up Rules on Non-5(e) New Chemical Substances Significant New Use Rule (SNUR); Chemical-Specific SNURs To Extend Provisions of Section 5(e) Orders Significant New Use Rule for Chloranil Test Rule; Certain Chemicals on the ATSDR Priority List of Hazardous Substances Pesticide Agricultural Container Recycling Program Pesticides; Data Requirements for Antimicrobials Regulations To Facilitate Compliance With the Federal Insecticide, Fungicide, and Rodenticide Act by Producers of Plant-Incorporated Protectants (PIPs) Pesticides; Reconsideration of Exemptions for Insect Repellents Pesticides; Registration Requirements for Antimicrobial Pesticide Products Asbestos Model Accreditation Plan Revisions Lead-Based Paint Activities; Bridges and Structures; Training, Accreditation, and Certification Rule and Model State Plan Rule ------- 2070-AJ46 2070-AA58 2070-AC37 2070-AD64 2070-AB08 2070-AB11 2070-AB94 2070-AC76 2070-AD44 2070-AD53 2070-AJ07 2070-AD61 Governmental 2040-AF09 2040-AE95 2040-AC84 2040-AE91 2040-AD09 2040-AD02 2040-AC13 2040-AB85 2050-AG46 2050-AG45 2060-AH37 2060-AO03 2060-AN43 2060-AO79 2070-AC51 2070-AC64 2070-AA58 Mercury; Regulation of Use in Certain Products Follow-Up Rules on Existing Chemicals Refractory Ceramic Fibers (RCFs) 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 TSCA Section 8(d) Health and Safety Data Reporting Rules Testing for Existing Chemicals (Overview Entry for Future Needs) Test Rule; Hazardous Air Pollutants (HAPs) Test Rule; Multiple Substance Rule for the Testing of Developmental and Reproductive Toxicity TSCA Policy Statement on Oversight of Transgenic Organisms (Including Plants) Testing Agreement for Aryl Phosphates (ITC List 2) Endocrine Disrupter Screening Program (EDSP); Policy and Procedures for Initial Screening Jurisdictions Guidelines Establishing Test Procedures for the Analysis of Pollutants Under the Clean Water Act; Analysis and Sampling Procedures Criteria and Standards for Cooling Water Intake Structures NPDES Applications Revisions 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 NPDES Permit Requirements for Municipal Sanitary and Combined Sewer Collection Systems, Municipal Satellite Collection Systems, Sanitary Sewer Overflows, and Peak Excess Flow Treatment Facilities National Primary Drinking Water Regulations: Aldicarb Shore Protection Act Regulations Revising Underground Storage Tank Regulations—Revisions to Existing Requirements and Additions To Incorporate the Provisions of the Energy Policy Act Standards for the Safe and Environmentally Protective Placement of Coal Combustion Residuals as Minefill in Coal Mines Not Regulated Under the Surface Mining Control and Reclamation Act Review of New Sources and Modifications in Indian Country Regulation To Establish Mandatory Reporting of GHGs From Industrial Landfills, Wastewater, Underground Coal Mines, and Magnesium Production Federal Plan Requirements for Other Solid Waste Incineration Units Constructed On or Before December 9, 2004 Greenhouse Gas Mandatory Reporting Rule Asbestos Model Accreditation Plan Revisions Lead-Based Paint Activities; Bridges and Structures; Training, Accreditation, and Certification Rule and Model State Plan Rule Follow-Up Rules on Existing Chemicals Organizations 2040-AC13 National Primary Drinking Water Regulations: Aldicarb Standards for the Safe and Environmentally Protective Placement of Coal Combustion Residuals as Minefill in Coal Mines Not Regulated Under the Surface Mining Control and Reclamation Act Response to Section 126 Petition From Warrick County, Indiana, and the Town of Newburgh, Indiana 2050-AG45 2060-AP21 ------- 2070-AC64 2070-AD64 2070-AD53 Lead-Based Paint Activities; Bridges and Structures; Training, Accreditation, and Certification Rule and Model State Plan Rule Lead-Based Paint; Amendments to the Requirements for Disclosure of Known Lead-Based Paint or Lead- Based Paint Hazards in Target Housing TSCA Policy Statement on Oversight of Transgenic Organisms (Including Plants) 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-AA26 2040-AE69 2040-AF09 2040-AE95 2040-AD39 2040-AC84 2040-AF03 2040-AD94 2040-AE91 2040-AE87 2040-AD09 2040-AD02 2040-AD87 2040-AE77 2040-AA94 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 To Exempt All Grant and Financial Assistance Programs Effluent Limitations Guidelines and Standards for Airport Deicing Operations Guidelines Establishing Test Procedures for the Analysis of Pollutants Under the Clean Water Act; Analysis and Sampling Procedures Criteria and Standards for Cooling Water Intake Structures Uniform National Discharge Standards for Vessels of the Armed Forces—Phase II NPDES Applications Revisions Development of Best Management Practices for Recreational Boats Under the Clean Water Act National Primary Drinking Water Regulations: Revisions to the Total Coliform Rule Effluent Limitations Guidelines and Standards for the Construction and Development Point Source Category Guidance for Implementing the Methylmercury Water Quality Criterion Test Procedures for the Analysis of Co-Planar and Mono-Ortho-Substituted Polychlorinated Biphenyls (PCBs) Under the Clean Water Act NPDES Permit Requirements for Municipal Sanitary and Combined Sewer Collection Systems, Municipal Satellite Collection Systems, Sanitary Sewer Overflows, and Peak Excess Flow Treatment Facilities NPDES Permit Requirements for Peak Wet Weather Discharges From Publicly Owned Treatment Work Treatment Plants Serving Sanitary Sewer Collection Systems Policy New/Revised Ambient Water Quality Criteria (AWQC) for Recreational Waters National Primary Drinking Water Regulations: Radon ------- 2040-AC13 2040-AD40 2040-AE98 2050-AE87 2050-AD75 2050-AE81 2050-AG44 2050-AG57 2050-AG46 2050-AG16 2050-AG58 2050-AE51 2050-AG50 2050-AG22 2050-AG40 2050-AE23 2050-AG45 2050-AG20 2050-AG39 2050-AG34 2050-AF01 2050-AG54 2050-AG49 2050-AG53 2060-AI43 2060-AO47 2060-AO48 2060-AO72 2060-AP72 2060-AP75 2060-AI62 2060-AO11 2060-A050 2060-AM44 2060-ANOO 2060-AN17 National Primary Drinking Water Regulations: Aldicarb Underground Injection Control: Update of State Programs Federal Requirements Under the Underground Injection Control (UIC) Program for Carbon Dioxide (CO2) Geologic Sequestration (GS) Wells Revisions to the National Oil and Hazardous Substances Pollution Contingency Plan National Priorities List for Uncontrolled Hazardous Waste Sites Standards for the Management of Coal Combustion Residuals Generated by Commercial Electric Power Producers Identification of Non-Hazardous Materials That Are Solid Wastes Withdrawal of Expansion of RCRA Comparable Fuels Exclusion Revising Underground Storage Tank Regulations—Revisions to Existing Requirements and Additions To Incorporate the Provisions of the Energy Policy Act Revisions to the Spill Prevention, Control, and Countermeasure (SPCC) Rule Revise Cooperative Agreements and Superfund State Contracts for Superfund Response Actions Modifications to RCRA Rules Associated With Solvent-Contaminated Industrial Wipes Oil Pollution Prevention: Spill Prevention, Control, and Countermeasure Rule Requirements-Amendments for Milk Containers National Contingency Plan Revisions To Align With the National Response Plan Emergency Planning and Community Right-To-Know Act: Amendments and Streamlining Rule Revisions to the Comprehensive Guideline for Procurement of Products Containing Recovered Materials Standards for the Safe and Environmentally Protective Placement of Coal Combustion Residuals as Minefill in Coal Mines Not Regulated Under the Surface Mining Control and Reclamation Act Hazardous Waste Manifest Re visions-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 Identifying the Universe of Government Research in Laboratories and Determining Student Involvement in Generating Laboratory Hazardous Waste Oil Pollution Prevention; Nontransportation-Related Onshore Facilities Compliance Dates Inclusion of CERCLA State Response Programs and Tribal Response Programs Review of the National Ambient Air Quality Standards for Carbon Monoxide Review of the National Ambient Air Quality Standards for Particulate Matter 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 Reconsideration of Implementation of the New Source Review Program for PM2.5 Implementation of the New Source Review Program for Particulate Matter Less Than 2.5 Micrometers- Proposed Rulemaking To Repeal Grandfathering Provision and End Early the PM10 Surrogate Policy National VOC Emission Standards for Consumer Products; Amendments Air Quality Index Reporting and Significant Harm Level for PM2.5 Measurement of PM2.5 and PM10 Emissions by Dilution Sampling 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 Standards of Performance for New Stationary Sources, Emission Guidelines for Existing Sources, and ------- 2060-AN93 2060-AO23 2060-APOO 2060-AP24 2060-AP30 2060-AP31 2060-AP77 2060-AP80 2060-AP91 2060-A019 2060-AP65 2060-AH23 2060-AH93 2060-AI97 2060-AM45 2060-AN68 2060-A024 2060-AO58 2060-A096 2060-AP15 2060-AP73 2060-AQ03 2060-AH01 2060-AP38 2060-AN43 2060-AK54 2060-AN33 2060-AL84 2060-AM75 2060-AM87 2060-AN65 2060-AP68 Federal Plan: Small Municipal Waste Combustors: Remand Response and Amendments Improving Implementation of the Operating Permit Rules in Response to CAAA Committee Recommendations Reconsideration of Stationary Combustion Turbine NSPS Prevention of Air Pollution Emergency Episodes Implementation of the 2008 National Ambient Air Quality Standard for 8-Hour Ozone Implementation of the 1997 8-Hour Ozone National Ambient Air Quality Standard: NSR Anti-Backsliding Protocols for Monitoring and Measuring Mercury Emissions Revision to Pb Ambient Air Monitoring Requirements Reconsideration of the Prevention of Significant Deterioration and Nonattainment New Source Review NSR: Aggregation Requirements for Control Technology Determinations for Major Sources in Accordance With Clean Air Act Sections Review of the Primary National Ambient Air Quality Standard for Nitrogen Dioxide Reconsideration of 2008 Final Implementation Rule for PM2.5 NSR: Stay of Effective Date for Grandfathering Provisions Amendments to Standards of Performance for New Stationary Sources; Monitoring Requirements Revisions to the General Conformity Regulations Inspection/Maintenance Program Requirements for Federal Facilities; Amendment Flexible Air Permit Rule 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 Methods for Measurement of Filterable PM10 and PM2.5 and Measurement of Condensable Particulate Matter Emissions From Stationary Sources Implementation of the 1997 8-Hour Ozone NAAQS: Classification of Subpart 1 Areas and Revision to AntiBacksliding Provisions; Deletion of Obsolete 1-Hour Ozone Standard Provisions Ambient Ozone Monitoring Regulations: Revisions to Network Design Requirements Reconsideration of Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Reconsideration of Inclusion of Fugitive Emissions Regulation To Establish Mandatory Reporting of GHGs From Industrial Landfills, Wastewater, Underground Coal Mines, and Magnesium Production 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 Ozone 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 8-Hour Portion of the Findings of Significant Contribution and Rulemaking for Purposes of Reducing Interstate Ozone Transport ("NOx SIP Call") NESHAP: General Provisions (Once In Always In)—Amendments NESHAP: Taconite Iron Ore Processing; Amendments Revisions to the Definition of Potential To Emit (PTE) Implementing the 1997 8-hour Ozone NAAQS: Section 185 Penalty Fee Provisions ------- 2060-AP43 2060-AL75 2060-A079 2060-AP10 2060-AP49 2070-AJ26 2070-AJ32 2070-AJ20 2070-AJ22 2070-AJ45 2070-AC51 2070-AC64 2070-AA58 2070-AD64 Health and Environmental Protection Standards for Uranium and Thorium Mill Tailings and Uranium In Situ Leaching Processing Facilities Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Debottlenecking, Aggregation, and Project Netting Greenhouse Gas Mandatory Reporting Rule Implementation of the 1997 8-Hour Ozone NAAQS: Reasonable Further Progress Emissions Reductions Credits Outside Ozone Nonattainment Areas Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Aggregation 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 Lead-Based Paint Activities; Bridges and Structures; Training, Accreditation, and Certification Rule and Model State Plan Rule Follow-Up Rules on Existing Chemicals Lead-Based Paint; Amendments to the Requirements for Disclosure of Known Lead-Based Paint or Lead- Based Paint Hazards in Target Housing Local 2040-AE69 2040-AF09 2040-AE95 2040-AD39 2040-AC84 2040-AF03 2040-AD94 2040-AE91 2040-AD09 2040-AD02 2040-AD87 2040-AA94 2040-AC13 2040-AB85 2050-AD75 2050-AE81 2050-AG44 2050-AG46 Effluent Limitations Guidelines and Standards for Airport Deicing Operations Guidelines Establishing Test Procedures for the Analysis of Pollutants Under the Clean Water Act; Analysis and Sampling Procedures Criteria and Standards for Cooling Water Intake Structures Uniform National Discharge Standards for Vessels of the Armed Forces—Phase II NPDES Applications Revisions Development of Best Management Practices for Recreational Boats Under the Clean Water Act National Primary Drinking Water Regulations: Revisions to the Total Coliform Rule 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 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 National Primary Drinking Water Regulations: Radon National Primary Drinking Water Regulations: Aldicarb Shore Protection Act Regulations National Priorities List for Uncontrolled Hazardous Waste Sites Standards for the Management of Coal Combustion Residuals Generated by Commercial Electric Power Producers Identification of Non-Hazardous Materials That Are Solid Wastes Revising Underground Storage Tank Regulations—Revisions to Existing Requirements and Additions To Incorporate the Provisions of the Energy Policy Act ------- 2050-AG16 2050-AG58 2050-AG50 2050-AG22 2050-AG40 2050-AE23 2050-AG39 2050-AF01 2050-AG54 2050-AG49 2060-AO47 2060-AO48 2060-AO72 2060-AP72 2060-AP75 2060-AI62 2060-AO11 2060-AO50 2060-AM08 2060-AM44 2060-ANOO 2060-AN17 2060-AN93 2060-AO23 2060-APOO 2060-AP30 2060-AP31 2060-AP77 2060-AP80 2060-A019 2060-AP65 2060-AM45 2060-A024 2060-AO58 2060-A096 Revisions to the Spill Prevention, Control, and Countermeasure (SPCC) Rule Revise Cooperative Agreements and Superfimd State Contracts for Superfund Response Actions Oil Pollution Prevention: Spill Prevention, Control, and Countermeasure Rule Requirements-Amendments for Milk Containers 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 Identifying the Universe of Government Research in Laboratories and Determining Student Involvement in Generating Laboratory Hazardous Waste Oil Pollution Prevention; Nontransportation-Related Onshore Facilities Compliance Dates Review of the National Ambient Air Quality Standards for Particulate Matter 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 Reconsideration of Implementation of the New Source Review Program for PM2.5 Implementation of the New Source Review Program for Particulate Matter Less Than 2.5 Micrometers- Proposed Rulemaking To Repeal Grandfathering Provision and End Early the PM10 Surrogate Policy National VOC Emission Standards for Consumer Products; Amendments Air Quality Index Reporting and Significant Harm Level for PM2.5 Measurement of PM2.5 and PM10 Emissions by Dilution Sampling NESHAP and NSPS for Municipal Solid Waste Landfills-Amendments Combined Rulemaking for Industrial, Commercial, and Institutional Boilers and Process Heaters at Major Sources of HAP and Industrial, Commercial, and Institutional Boilers at Area Sources Implementing Periodic Monitoring in Federal and State Operating Permit Programs Standards of Performance for New Stationary Sources, Emission Guidelines for Existing Sources, and Federal Plan: Small Municipal Waste Combustors: Remand Response and Amendments Improving Implementation of the Operating Permit Rules in Response to CAAA Committee Recommendations Reconsideration of Stationary Combustion Turbine NSPS Prevention of Air Pollution Emergency Episodes Implementation of the 1997 8-Hour Ozone National Ambient Air Quality Standard: NSR Anti-Backsliding Protocols for Monitoring and Measuring Mercury Emissions Revision to Pb Ambient Air Monitoring Requirements Reconsideration of the Prevention of Significant Deterioration and Nonattainment New Source Review NSR: Aggregation Review of the Primary National Ambient Air Quality Standard for Nitrogen Dioxide Reconsideration of 2008 Final Implementation Rule for PM2.5 NSR: Stay of Effective Date for Grandfathering Provisions Flexible Air Permit Rule Prevention of Significant Deterioration for PM2.5-Increments, Significant Impact Levels, and Significant Monitoring Concentrations Methods for Measurement of Filterable PM10 and PM2.5 and Measurement of Condensable Particulate Matter Emissions From Stationary Sources Implementation of the 1997 8-Hour Ozone NAAQS: Classification of Subpart 1 Areas and Revision to AntiBacksliding Provisions; Deletion of Obsolete 1-Hour Ozone Standard Provisions ------- 2060-AP15 2060-AP73 2060-AO03 2060-AP38 2060-AN43 2060-AK54 2060-AL84 2060-AM75 2060-AP68 2060-AL75 2060-A079 2060-AP10 2060-AP49 2070-AC51 2070-AC64 2070-AA58 2070-AD64 Ambient Ozone Monitoring Regulations: Revisions to Network Design Requirements Reconsideration of Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Reconsideration of Inclusion of Fugitive Emissions Regulation To Establish Mandatory Reporting of GHGs From Industrial Landfills, Wastewater, Underground Coal Mines, and Magnesium Production Review of the National Ambient Air Quality Standards for Ozone 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 8-Hour Portion of the Findings of Significant Contribution and Rulemaking for Purposes of Reducing Interstate Ozone Transport ("NOx SIP Call") NESHAP: General Provisions (Once In Always In)—Amendments Implementing the 1997 8-hour Ozone NAAQS: Section 185 Penalty Fee Provisions Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Debottlenecking, Aggregation, and Project Netting Greenhouse Gas Mandatory Reporting Rule Implementation of the 1997 8-Hour Ozone NAAQS: Reasonable Further Progress Emissions Reductions Credits Outside Ozone Nonattainment Areas Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Aggregation Asbestos Model Accreditation Plan Revisions Lead-Based Paint Activities; Bridges and Structures; Training, Accreditation, and Certification Rule and Model State Plan Rule Follow-Up Rules on Existing Chemicals Lead-Based Paint; Amendments to the Requirements for Disclosure of Known Lead-Based Paint or Lead- Based Paint Hazards in Target Housing Tribal 2009-AAOO 2020-AA47 2025-AA26 2040-AD39 2040-AC84 2040-AF03 2040-AD94 2040-AE87 2040-AD02 2040-AD87 2040-AE77 2040-AA94 2040-AC13 2050-AE81 Source-Specific Federal Implementation Plan for Navajo Generating Station; Navajo Nation NPDES Program Management Information Rulemaking Cross-Media Electronic Reporting Regulation (CROMERR)-Technical Amendment To Exempt All Grant and Financial Assistance Programs Uniform National Discharge Standards for Vessels of the Armed Forces—Phase II NPDES Applications Revisions Development of Best Management Practices for Recreational Boats Under the Clean Water Act National Primary Drinking Water Regulations: Revisions to the Total Coliform Rule Guidance for Implementing the Methylmercury Water Quality Criterion NPDES Permit Requirements for Municipal Sanitary and Combined Sewer Collection Systems, Municipal Satellite Collection Systems, Sanitary Sewer Overflows, and Peak Excess Flow Treatment Facilities NPDES Permit Requirements for Peak Wet Weather Discharges From Publicly Owned Treatment Work Treatment Plants Serving Sanitary Sewer Collection Systems Policy New/Revised Ambient Water Quality Criteria (AWQC) for Recreational Waters National Primary Drinking Water Regulations: Radon National Primary Drinking Water Regulations: Aldicarb Standards for the Management of Coal Combustion Residuals Generated by Commercial Electric Power Producers 2050-AG44 Identification of Non-Hazardous Materials That Are Solid Wastes ------- 2050-AG46 2050-AG16 2050-AG58 2050-AG50 2050-AG22 2050-AG40 2050-AF01 2050-AG49 2050-AG53 2060-AI43 2060-AO47 2060-AO48 2060-AO72 2060-AP72 2060-AP75 2060-AI62 2060-AO11 2060-AM08 2060-ANOO 2060-AN93 2060-AO23 2060-APOO 2060-AO19 2060-AH37 2060-AP65 2060-AO15 2060-AH93 2060-A042 2060-AM45 2060-AO24 2060-AP15 2060-AP73 2060-AH01 2060-AP38 2060-AN43 2060-AK54 Revising Underground Storage Tank Regulations—Revisions to Existing Requirements and Additions To Incorporate the Provisions of the Energy Policy Act Revisions to the Spill Prevention, Control, and Countermeasure (SPCC) Rule Revise Cooperative Agreements and Superfund State Contracts for Superfund Response Actions Oil Pollution Prevention: Spill Prevention, Control, and Countermeasure Rule Requirements—Amendments for Milk Containers 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 Oil Pollution Prevention; Nontransportation-Related Onshore Facilities Compliance Dates Inclusion of CERCLA State Response Programs and Tribal Response Programs Review of the National Ambient Air Quality Standards for Carbon Monoxide Review of the National Ambient Air Quality Standards for Particulate Matter 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 Reconsideration of Implementation of the New Source Review Program for PM2.5 Implementation of the New Source Review Program for Particulate Matter Less Than 2.5 Micrometers- Proposed Rulemaking To Repeal Grandfathering Provision and End Early the PM10 Surrogate Policy National VOC Emission Standards for Consumer Products; Amendments Air Quality Index Reporting and Significant Harm Level for PM2.5 NESHAP and NSPS for Municipal Solid Waste Landfills-Amendments Implementing Periodic Monitoring in Federal and State Operating Permit Programs Improving Implementation of the Operating Permit Rules in Response to CAAA Committee Recommendations Reconsideration of Stationary Combustion Turbine NSPS Prevention of Air Pollution Emergency Episodes Review of the Primary National Ambient Air Quality Standard for Nitrogen Dioxide Review of New Sources and Modifications in Indian Country Reconsideration of 2008 Final Implementation Rule for PM2.5 NSR: Stay of Effective Date for Grandfathering Provisions NESHAP: Portland Cement Notice of Reconsideration Revisions to the General Conformity Regulations Review of New Source Performance Standards-Portland Cement Flexible Air Permit Rule Prevention of Significant Deterioration for PM2.5—Increments, Significant Impact Levels, and Significant Monitoring Concentrations Ambient Ozone Monitoring Regulations: Revisions to Network Design Requirements Reconsideration of Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Reconsideration of Inclusion of Fugitive Emissions 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 Ozone 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 ------- 2060-AM75 2060-AN65 2060-AP43 2070-AJ20 2070-AC51 2070-AC64 2070-AD64 Requirements NESHAP: General Provisions (Once In Always In)—Amendments Revisions to the Definition of Potential To Emit (PTE) Health and Environmental Protection Standards for Uranium and Thorium Mill Tailings and Uranium In Situ Leaching Processing Facilities Pesticides; Competency Standards for Occupational Users Asbestos Model Accreditation Plan Revisions Lead-Based Paint Activities; Bridges and Structures; Training, Accreditation, and Certification Rule and Model State Plan Rule Lead-Based Paint; Amendments to the Requirements for Disclosure of Known Lead-Based Paint or Lead- Based Paint Hazards in Target Housing Federal 2020-AA47 2025-AA19 2025-AA16 2025-AA17 2040-AE69 2040-AF09 2040-AE95 2040-AD39 2040-AC84 2040-AF03 2040-AD94 2040-AE91 2040-AD09 2040-AE77 2040-AA94 2040-AC13 2040-AD40 2040-AE98 2040-AB85 2050-AE87 2050-AD75 2050-AE81 2050-AG44 2050-AG57 2050-AG46 NPDES Program Management Information Rulemaking TRI; Response to Petition To Delete Acetonitrile From the Toxics Release Inventory List of Toxic Chemicals TRI; Response to Petition To Delete Chromium, Antimony, Titanate From the Metal Compound Categories Listed on the Toxics Release Inventory TRI; Response to Petition To Add Diisononyl Phthalate to the Toxics Release Inventory List of Toxic Chemicals Effluent Limitations Guidelines and Standards for Airport Deicing Operations Guidelines Establishing Test Procedures for the Analysis of Pollutants Under the Clean Water Act; Analysis and Sampling Procedures Criteria and Standards for Cooling Water Intake Structures Uniform National Discharge Standards for Vessels of the Armed Forces—Phase II NPDES Applications Revisions Development of Best Management Practices for Recreational Boats Under the Clean Water Act National Primary Drinking Water Regulations: Revisions to the Total Coliform Rule 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 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 Federal Requirements Under the Underground Injection Control (UIC) Program for Carbon Dioxide (CO2) Geologic Sequestration (GS) Wells Shore Protection Act Regulations Revisions to the National Oil and Hazardous Substances Pollution Contingency Plan National Priorities List for Uncontrolled Hazardous Waste Sites Standards for the Management of Coal Combustion Residuals Generated by Commercial Electric Power Producers Identification of Non-Hazardous Materials That Are Solid Wastes Withdrawal of Expansion of RCRA Comparable Fuels Exclusion Revising Underground Storage Tank Regulations—Revisions to Existing Requirements and Additions To Incorporate the Provisions of the Energy Policy Act ------- 2050-AG16 2050-AG58 2050-AE51 2050-AE93 2050-AG50 2050-AG22 2050-AG40 2050-AE23 2050-AG20 2050-AF01 2050-AG54 2050-AG42 2050-AG49 2060-AI43 2060-AO47 2060-AO48 2060-AO72 2060-AP72 2060-AP75 2060-AI62 2060-AO11 2060-AN48 2060-AO50 2060-AM84 2060-ANOO 2060-AN17 2060-AN93 2060-AO23 2060-APOO 2060-AP30 2060-AP31 2060-AP80 2060-AH90 2060-AO19 2060-AH37 2060-AP65 Revisions to the Spill Prevention, Control, and Countermeasure (SPCC) Rule Revise Cooperative Agreements and Superfimd State Contracts for Superfund Response Actions Modifications to RCRA Rules Associated With Solvent-Contaminated Industrial Wipes Requirements for Transboundary Shipments of Wastes, Export Shipments of Spent Lead-Acid Batteries, Submitting Exception Reports for Export Shipments of Hazardous Wastes and Imports of Hazardous Wastes Oil Pollution Prevention: Spill Prevention, Control, and Countermeasure Rule Requirements-Amendments for Milk Containers 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 RCRA Smarter Waste Reporting Identifying the Universe of Government Research in Laboratories and Determining Student Involvement in Generating Laboratory Hazardous Waste Poly chlorinated Biphenyls (PCBs); Manufacturing (Import) Exemption For Disposal Oil Pollution Prevention; Nontransportation-Related Onshore Facilities Compliance Dates Review of the National Ambient Air Quality Standards for Carbon Monoxide Review of the National Ambient Air Quality Standards for Particulate Matter 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 Reconsideration of Implementation of the New Source Review Program for PM2.5 Implementation of the New Source Review Program for Particulate Matter Less Than 2.5 Micrometers- Proposed Rulemaking To Repeal Grandfathering Provision and End Early the PM10 Surrogate Policy National VOC Emission Standards for Consumer Products; Amendments Air Quality Index Reporting and Significant Harm Level for PM2.5 Protection of Stratospheric Ozone: Amending Requirements To Import Ozone-Depleting Substances for Destruction in the U.S. Measurement of PM2.5 and PM10 Emissions by Dilution Sampling NESHAP: Defense Land Systems and Miscellaneous Equipment Implementing Periodic Monitoring in Federal and State Operating Permit Programs Standards of Performance for New Stationary Sources, Emission Guidelines for Existing Sources, and Federal Plan: Small Municipal Waste Combustors: Remand Response and Amendments Improving Implementation of the Operating Permit Rules in Response to CAAA Committee Recommendations Reconsideration of Stationary Combustion Turbine NSPS Prevention of Air Pollution Emergency Episodes Implementation of the 1997 8-Hour Ozone National Ambient Air Quality Standard: NSR Anti-Backsliding Protocols for Monitoring and Measuring Mercury Emissions Reconsideration of the Prevention of Significant Deterioration and Nonattainment New Source Review NSR: Aggregation Technical Change to Dose Methodology Review of the Primary National Ambient Air Quality Standard for Nitrogen Dioxide Review of New Sources and Modifications in Indian Country Reconsideration of 2008 Final Implementation Rule for PM2.5 NSR: Stay of Effective Date for ------- 2060-AH23 2060-A031 2060-AH93 2060-A038 2060-AI97 2060-AM45 2060-AO24 2060-A053 2060-AO71 2060-AO96 2060-AP15 2060-AP73 2060-AO03 2060-AP38 2060-AN43 2060-AK54 2060-AN33 2060-AM75 2060-AM87 2060-AN65 2060-AP68 2060-AH63 2060-AP43 2060-AL75 2060-A079 2060-AP10 2060-AP49 2070-AJ27 2070-AJ26 2070-AD16 2070-AJ08 2070-AB79 2070-AD30 2070-AJ49 Grandfathering Provisions Amendments to Standards of Performance for New Stationary Sources; Monitoring Requirements Amendment of Definitions for National Emissions Standards for Hazardous Pollutants for Radionuclides Revisions to the General Conformity Regulations Control of Emissions From New Marine Compression-Ignition Engines at or Above 30 Liters per Cylinder Inspection/Maintenance Program Requirements for Federal Facilities; Amendment Flexible Air Permit Rule Prevention of Significant Deterioration for PM2.5—Increments, Significant Impact Levels, and Significant Monitoring Concentrations National Emission Standards for Hazardous Air Pollutants: Appendix A—Test Methods; Amendments to Method 301 Regulation of Fuels and Fuel Additives: Alternative Affirmative Defense Requirements for Ultra-Low Sulfur Diesel and Gasoline Benzene Technical Amendment Implementation of the 1997 8-Hour Ozone NAAQS: Classification of Subpart 1 Areas and Revision to AntiBacksliding Provisions; Deletion of Obsolete 1-Hour Ozone Standard Provisions Ambient Ozone Monitoring Regulations: Revisions to Network Design Requirements Reconsideration of Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Reconsideration of Inclusion of Fugitive Emissions Regulation To Establish Mandatory Reporting of GHGs From Industrial Landfills, Wastewater, Underground Coal Mines, and Magnesium Production Review of the National Ambient Air Quality Standards for Ozone 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 NESHAP: General Provisions (Once In Always In)—Amendments NESHAP: Taconite Iron Ore Processing; Amendments Revisions to the Definition of Potential To Emit (PTE) Implementing the 1997 8-hour Ozone NAAQS: Section 185 Penalty Fee Provisions Environmental Radiation Protection Standards for the Disposal of Low-Activity Mixed Radioactive Waste Health and Environmental Protection Standards for Uranium and Thorium Mill Tailings and Uranium In Situ Leaching Processing Facilities Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Debottlenecking, Aggregation, and Project Netting Greenhouse Gas Mandatory Reporting Rule Implementation of the 1997 8-Hour Ozone NAAQS: Reasonable Further Progress Emissions Reductions Credits Outside Ozone Nonattainment Areas Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Aggregation Pesticides; Data Requirements for Plant-Incorporated Protectants (PIPs) Pesticides; Determination of Status of Prions as Pests Test Rule; Testing of Certain High Production Volume (HPV) Chemicals Testing Agreement for Decabromodiphenyl Ether (DECA) Test Rule; Certain Chemicals on the ATSDR Priority List of Hazardous Substances Pesticides; Data Requirements for Antimicrobials Pesticides; Data Requirements for Product Performance ------- 2070-AJ23 Pesticides; Tolerance Processing Fees 2070-AD49 Plant Incorporated Protectants (PIPs); Exemption for Those Based on Viral Coat Protein Genes 7070 A T3? Regulations To Facilitate Compliance With the Federal Insecticide, Fungicide, and Rodenticide Act by - Producers of Plant-Incorporated Protectants (PIPs) 2070-AJ20 Pesticides; Competency Standards for Occupational Users 2070-AJ22 Pesticides; Agricultural Worker Protection Standard Revisions 2070-AJ45 Pesticides; Reconsideration of Exemptions for Insect Repellents 2070-AD14 Pesticides; Registration Requirements for Antimicrobial Pesticide Products 2070-AC51 Asbestos Model Accreditation Plan Revisions Lead-Based Paint Activities; Bridges and Structures; Training, Accreditation, and Certification Rule and 2070-AA58 Follow-Up Rules on Existing Chemicals Lead-Based Paint; Amendments to the Requirements for Disclosure of Known Lead-Based Paint or Lead- - Based Paint Hazards in Target Housing 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-AD61 Endocrine Disrupter Screening Program (EDSP); Policy and Procedures for Initial Screening 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 Standards for the Management of Coal Combustion Residuals Generated by Commercial Electric Power T-\ i Producers Lead-Based Paint Activities; Bridges and Structures; Training, Accreditation, and Certification Rule and 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 $1 00 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 ------- 2040-AE91 2040-AA94 2050-AE81 2050-AG16 2060-AI43 2060-A047 2060-A048 2060-AO72 2060-AM44 2060-ANOO 2060-AP50 2060-AP86 2060-AP98 2060-AO19 2060-AO15 2060-AO42 2060-AO81 2060-AP36 2060-AP58 2060-AQ03 2060-AP38 2060-AP52 2060-AO79 2070-AJ56 2070-AJ57 2070-AJ55 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 Residuals Generated by Commercial Electric Power Producers Revisions to the Spill Prevention, Control, and Countermeasure (SPCC) Rule Review of the National Ambient Air Quality Standards for Carbon Monoxide Review of the National Ambient Air Quality Standards for Particulate Matter Review of the Primary National Ambient Air Quality Standard for Sulfur Dioxide Review of the Secondary National Ambient Air Quality Standards for Oxides of Nitrogen and Oxides of Sulfur Combined Rulemaking for Industrial, Commercial, and Institutional Boilers and Process Heaters at Major Sources of HAP and Industrial, Commercial, and Institutional Boilers at Area Sources Implementing Periodic Monitoring in Federal and State Operating Permit Programs Clean Air Transport Rule Prevention of Significant Deterioration/Title V Greenhouse Gas Tailoring Rule Reconsideration of the 2008 Ozone National Ambient Air Quality Standards Review of the Primary National Ambient Air Quality Standard for Nitrogen Dioxide NESHAP: Portland Cement Notice of Reconsideration Review of New Source Performance Standards—Portland Cement Renewable Fuels Standard Program National Emission Standards for Hazardous Air Pollutants for Reciprocating Internal Combustion Engines EPA/NHTSA Joint Rulemaking to Establish Light-Duty Greenhouse Gas Emission Standards and Corporate Average Fuel Economy Standards Regulation To Establish Mandatory Reporting of GHGs From Industrial Landfills, Wastewater, Underground Coal Mines, and Magnesium Production 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 Greenhouse Gas Mandatory Reporting Rule Lead; Renovation, Repair, and Painting Program for Public and Commercial Buildings Lead; Clearance and Clearance Testing Requirements for the Renovation, Repair, and Painting Program Lead; Amendment to the Opt-out and Recordkeeping Provisions in the Renovation, Repair, and Painting Program 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 National Contingency Plan Revisions To Align With the National Response Plan 2050-AG42 Poly chlorinated Biphenyls (PCBs); Manufacturing (Import) Exemption For Disposal ------- 2060-AN48 2060-AP11 2060-AP59 2060-AP62 2060-AP92 2060-A038 2060-AN58 2060-AO76 2060-AO81 2060-AL94 2060-AO68 2060-AM54 2060-AN30 2060-A078 2060-A077 2070-AD16 2070-AD58 2070-AJ60 2070-AJ44 Protection of Stratospheric Ozone: Amending Requirements To Import Ozone-Depleting Substances for Destruction in the U.S. 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: Allocation of Essential Use Allowances for Calendar Year 2010 Protection of Stratospheric Ozone: The 2010 Critical Use Exemption From the Phaseout of Methyl Bromide Protection of Stratospheric Ozone: The 2011 Critical Use Exemption From the Phaseout of Methyl Bromide Control of Emissions From New Marine Compression-Ignition Engines at or Above 30 Liters per Cylinder Protection of Stratospheric Ozone: Ban on the Sale or Distribution of Pre-Charged Appliances Protection of Stratospheric Ozone: Adjustments to the Allowance System for Controlling HCFC Production, Import, and Export Renewable Fuels Standard Program Protection of Stratospheric Ozone: Process for Exempting Emergency Uses of Methyl Bromide Protection of Stratospheric Ozone: Labeling of Products Using HCFCs Protection of Stratospheric Ozone: Listing of Substitutes in the Motor Vehicle Air Conditioning Sector Under the Significant New Alternatives Policy (SNAP) Program Protection of Stratospheric Ozone: Revision to Listing of Carbon Dioxide Total Flooding Fire Extinguishing Systems Restricting Use to Only Unoccupied Areas Protection of Stratospheric Ozone: The 2009 Critical Use Exemption From the Phaseout of Methyl Bromide Protection of Stratospheric Ozone: Allocation of Essential Use Allowances for Calendar Year 2009 Test Rule; Testing of Certain High Production Volume (HPV) Chemicals Amendment to the Premanufacture Notification Exemptions; Revisions of Exemptions for Certain Polymers Mercury Export Ban Act; Procedures for Essential Use Exemptions Formaldehyde Emissions From Pressed Wood Products ------- ------- |