Regulatory Plan and Semiannual Regulatory Agenda Fall 2009


    'i Regulatory Plan and


   ,  Semiannual Regulatory Agenda
*L PRO^°
             FALL 2009

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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

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ENVIRONMENTAL PROTECTION AGENCY



REGULATORY PLAN CONTENTS



Part 1: Statement of Priorities



Part 2: Actions Described in the Regulatory Plan
Sequence
Number
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

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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.

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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/.

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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

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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

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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:

Small Entities Affected:

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

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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

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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:

Small Entities Affected:

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

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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

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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

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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

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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.

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

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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

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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,

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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.

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,

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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:

Small Entities Affected:
Businesses

Government Levels Affected:

Federal

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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

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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

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            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

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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:

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

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

10/15/07
1 2/05/08
02/03/09
04/01/09
1 2/00/09
FR
69
69

72
73
74
74

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

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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:

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/

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            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

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                                               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

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                                                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.

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                                               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

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                                              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

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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

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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

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                                             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

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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

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                                             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

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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

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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

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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

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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,

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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

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                                             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

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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

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                                             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—

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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

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                                              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

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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

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                                             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

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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

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                                             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

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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

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                                              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

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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

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                                             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.

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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

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                                             Fall 2009 Regulatory Agenda
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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.

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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

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                                            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

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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

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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

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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

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                                             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

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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

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                                             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

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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

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                                             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

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                                              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

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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

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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.

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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

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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

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                                             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

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                                             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

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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.

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                                              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

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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

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                                              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

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                                             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

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                                              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

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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

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                                             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.

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                                              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

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                                              Fall 2009 Regulatory Agenda
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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

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                                              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

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                                             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

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                                              Fall 2009 Regulatory Agenda
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                                                                            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

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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

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                                              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

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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

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                                              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.

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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

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                                             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.

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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

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                                             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

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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

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                                             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

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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

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                                                                                                          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

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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

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                                             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.

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                                              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

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                                             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:

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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

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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

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                                              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.

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                                            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

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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

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                                                                         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

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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

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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

-------

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A. INDEX TO ENTRIES THAT AGENCIES HAVE DESIGNATED FOR SECTION 610
REVIEW

Section 610(a) of the Regulatory Flexibility Act (5 U.S.C. 601) requires each agency to have a plan for the
periodic review of its rules that have a significant economic impact on a substantial number of small
entities. Each agency must publish annually in the Federal Register a list of the rules that it plans to
review in the next year.


2040-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

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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

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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

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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

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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

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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

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