^tosr^ Semiannual Regulatory Agenda SPRING 20 1 0 ------- SPRING 2010 Semiannual Regulatory Agenda "Environmental protection is about human protection. It's about basing our work on strong science and protecting Americans where they live, work, play and learn. To do this, we must be transparent and keep citizens engaged so they know how best to keep themselves and our environment safe and healthy." — Administrator Lisa P. Jackson ------- Spring 2010 Semiannual Regulatory Agenda ENVIRONMENTAL PROTECTION AGENCY (EPA) ENVIRONMENTAL PROTECTION AGENCY 40CFRCh. I [FRL-9134-3] EPA-HQ-OA-2007-1172 EPA-HQ-OW-2010-0169 EPA-HQ-OW-2010-0166 EPA-HQ-OAR-2010-0052 Spring 2010 Regulatory Agenda AGENCY: Environmental Protection Agency. ACTION: Semiannual regulatory flexibility agenda and semiannual regulatory agenda. SUMMARY: The Environmental Protection Agency (EPA) publishes the semiannual regulatory agenda online (the e-Agenda) at www.reginfo.gov to update the public about: • Regulations and major policies currently under development, • Reviews of existing regulations and major policies, and • Rules and major policymakings completed or canceled since the last agenda. Definitions: "E-Agenda," "online regulatory agenda," and "semiannual regulatory agenda" all refer to the same comprehensive collection of information that used to be published in the Federal Register but which now are only available through an online database. "Regulatory Flexibility Agenda" refers to a document that contains information about regulations that may have a significant impact on a substantial number of small entities. This continues to be published in the Federal Register because of a requirement of the Regulatory Flexibility Act. "Monthly Action Initiation List" (AIL) refers to a list that EPA posts online each month of the regulations newly approved for development. "Unified Regulatory Agenda" refers to the collection of all agencies' agendas with an introduction prepared by the Regulatory Information Service Center. "Regulatory Agenda preamble" refers to the document you are reading now. It appears as part of the Regulatory Flexibility Agenda and introduces both the Regulatory Flexibility Agenda and the e-Agenda. "Rulemaking Gateway" refers to a new portal to EPA's priority rules with earlier and more concise information about Agency regulations. More information about the Rulemaking Gateway appears in section H of this preamble. FOR FURTHER INFORMATION CONTACT: If you have questions or comments about a particular action, please get in touch with the agency contact listed in each agenda entry. If you have general questions about the semiannual regulatory agenda, please contact: Phil Schwartz (schwartz.philip@epa.gov; 202-564-6564) or Caryn Muellerleile (muellerleile.caryn@epa.gov; 202-564- 2855). TO BE PLACED ON AN AGENDA MAILING LIST: If you would like to receive an e-mail with a link to new semiannual regulatory agendas as soon as they are published, please send an e- mail message with your name and address to: nscep@bps-lmit.com and put "E-Regulatory Agenda: Electronic Copy" in the subject line. If you would like to regularly receive information about the rules newly approved for development, sign up for our monthly Action Initiation List by going to http://www.epa.gov/lawsregs/search/ ail.html#notification and completing the five steps listed there. You may also track progress on EPA's priority rulemakings by visiting the Rulemaking Gateway (www.epa.gov/rulemaking/) or signing up for RSS feeds at http://yosemite.epa.gov/opei/ RuleGate.nsf/content/ getalerts.html?opendocument. If you would like to receive a hard copy of the semiannual agenda about 2 to 3 months after publication, call 800- 490-9198 or send an e-mail with your name and complete address to: nscep@bps-lmit.com and put "Regulatory Agenda Hard Copy" in the subject line. SUPPLEMENTARY INFORMATION: Table of Contents A. Map of Regulatory Agenda Information B. What Are EPA's Regulatory Goals and What Key Principles, Statutes, and Executive Orders Guide Our Rule and Policymaking Process? C. How Can You Be Involved in EPA's Rule and Policymaking Process? D. What Actions Are Included in the Regulatory Agenda? E. How Is the E-Agenda Organized? F. What Information Is in the Regulatory Flexibility Agenda and the E-Agenda? G. How Can I Find Out About Rulemakings That Start Up After the Regulatory Agenda Is Signed? H. What Tools for Finding More About EPA Rules and Policies Are Available at EPA.gov, Regulations.gov, and Reginfo.gov? I. Reviews of Rules With Significant Impacts on a Substantial Number of Small Entities J. What Other Special Attention Do We Give to the Impacts of Rules on Small Businesses, Small Governments, and Small Nonprofit Organizations? K. Thank You for Collaborating With Us A. Map of Regulatory Agenda Information Type of Information Online Locations Federal Register Location Semiannual Regulatory Agenda Semiannual Regulatory Flexibility Agenda 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 Not in FR Part XII of today's issue ------- Spring 2010 Semiannual Regulatory Agenda EPA Type of Information Online Locations Federal Register Location Monthly Action Initiation List Rulemaking Gateway http://www.regulations.gov/ fdmspublic/component/ main?main=DocketDetail&d=EPA-HQ- OA-2008-0265 and http://www.epa.gov/lawsregs/ search/ail.html www.epa.gov/rulemaking/ Not in FR Not in FR B. What Are EPA's Regulatory Goals, and What Key Principles, Statutes, and Executive Orders Guide Our Rule and Policymaking Process? In outlining her agenda for the environment, Administrator Jackson has outlined seven themes to focus the work of EPA. These key goals shape everything we do. Taking Action on Climate Change: Last year saw historic progress in the fight against climate change, with a range of greenhouse gas (GHG) reduction initiatives. We are continuing this critical effort and ensuring compliance with the law. We continue to support the President and Congress in enacting clean energy and climate legislation. Using the Clean Air Act, we will finalize our mobile source rules and provide a framework for continued improvements in that sector. EPA is building on the success of ENERGY STAR to expand cost-saving energy conservation and efficiency programs. Additionally, we continue to develop common-sense solutions for reducing GHG emissions from large stationary sources like power plants. EPA recognizes that climate change will affect other parts of its core mission, such as protecting air and water quality, and includes those considerations in our future plans. Improving Air Quality: American communities face serious health and environmental challenges from air pollution. There are already proposed stronger ambient air quality standards for ozone, which will help millions of Americans breathe more easily and live more healthy lives. Building on that, EPA will develop a comprehensive strategy for a cleaner and more efficient power sector, with strong but achievable emission reduction goals for SO2, NOx, mercury, and other air toxics. We will strengthen our ambient air quality standards for pollutants such as PM, SO2, and NO2, and will achieve additional reductions in air toxics from a range of industrial facilities. Improved monitoring, permitting, and enforcement will be critical building blocks for air quality improvement. Assuring the Safety of Chemicals: One of EPA's highest priorities is to make significant progress in assuring the safety of chemicals in our products, our environment, and our bodies. Last year, Administrator Jackson announced principles for modernizing the Toxic Substances Control Act. Separately, we are shifting EPA's focus to address high- concern chemicals and filling data gaps on widely produced chemicals in commerce. EPA has released the first- ever chemical management plans for five groups of substances, and more plans are underway. Using our streamlined Integrated Risk Information System, we will continue strong progress toward rigorous, peer-reviewed health assessments on dioxins, arsenic, formaldehyde, TCE, and other substances of concern. Cleaning Up Our Communities: EPA has made strong cleanup progress by accelerating our Superfund program and confronting significant local environmental challenges like the asbestos public health emergency in Libby, Montana, and the coal ash spill in Kingston, Tennessee. Using all the tools at our disposal, including enforcement and compliance efforts, we will continue to focus on making communities safer and healthier. EPA is maximizing the potential of the brownfields program to spur environmental cleanup and job creation, particularly in disadvantaged communities. We are also developing enhanced strategies for risk reduction in our Superfund program and developing stronger partnerships with stakeholders affected by our cleanups. Protecting America's Waters: America's waterbodies are imperiled as never before. Water quality and enforcement programs face complex challenges, from nutrient loadings and stormwater runoff to invasive species and drinking water contaminants. These challenges demand both traditional and innovative strategies. EPA continues its work on comprehensive watershed protection programs for the Chesapeake Bay and Great Lakes. We have initiated measures to address post-construction runoff, water quality impairment from surface mining, and stronger drinking water protection. Recovery Act funding is expanding construction of water infrastructure, and we are working with states to develop nutrient limits. Expanding the Conversation on Environmentalism and Working for Environmental Justice: We have begun a new era of outreach and protection for communities historically underrepresented in EPA decisionmaking. EPA seeks strong working relationships with tribes, communities of color, economically distressed cities and towns, young people, and others. It is our goal to include environmental justice principles in all of our decisions. The protection of vulnerable subpopulations is a top priority, especially with regard to children. Building Strong State and Tribal Partnerships: States and tribal nations bear important responsibilities for the day-to-day mission of environmental protection, but declining tax revenues and fiscal challenges are pressuring State agencies and tribal governments to do more with fewer resources. Strong partnerships and accountability are more important than ever. EPA supports State and tribal capacity and, through strengthened oversight, is working to ensure that programs are consistently delivered nationwide. Where appropriate, we use our expertise and capacity to bolster State and tribal efforts. EPA's strength has always been our ability to adapt to the constantly changing face of environmental protection as our economy and society ------- Spring 2010 Semiannual Regulatory Agenda EPA evolve, and science teaches us more about how humans interact with and affect the natural world. Now, more than ever, EPA must be innovative and forward looking because the environmental challenges faced by Americans all across our country are unprecedented. 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 \vwf\v.regulations.gov electronic 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 wfwfwr.epa.gov/publicinvolvement. D. What Actions Are Included in the E- Agenda and the Regulatory Flexibility Agenda? EPA includes regulations and certain major policy documents in the e- Agenda. However, there is no legal significance to the omission of an item from the agenda, and we generally do not include minor amendments or the following categories of actions: • Administrative actions such as delegations of authority, changes of address, or phone numbers; • Under the Clean Air Act: Revisions to State Implementation Plans; Equivalent Methods for Ambient Air Quality Monitoring; Deletions from the New Source Performance Standards source categories list; Delegations of Authority to States; Area Designations for Air Quality Planning Purposes; • Under the Federal Insecticide, Fungicide, and Rodenticide Act: Registration-related decisions, actions affecting the status of currently registered pesticides, and data call- ins; • Under the Federal Food, Drug, and Cosmetic Act: Actions regarding pesticide tolerances and food additive regulations; • Under the Resource Conservation and Recovery Act: Authorization of State solid waste management plans; hazardous waste delisting petitions; • Under the Clean Water Act: State Water Quality Standards; deletions from the section 307(a) list of toxic pollutants; suspensions of toxic testing requirements under the National Pollutant Discharge Elimination System (NPDES); delegations of NPDES authority to States; • Under the Safe Drinking Water Act: Actions on State underground injection control programs. The Regulatory Flexibility Agenda normally includes: • Actions likely to have a significant economic impact on a substantial number of small entities. • Rules the Agency has identified for periodic review under section 610 of the Regulatory Flexibility Act. There are three rules for 610 review in spring 2010. 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 reviews of existing regulations required under section 610 of the Regulatory Flexibility Act, requests for public comment on the need for regulatory action, or important preregulatory policy proposals. 2. Proposed Rule—This section includes EPA rulemaking actions that are within a year of proposal (publication of Notices of Proposed Rulemakings (NPRMs)). 3. Final Rule—This section includes rules that will be issued as a final rule within a year. 4. Long-Term Actions—This section includes rulemakings for which the next scheduled regulatory action is after April 2011. 5. Completed Actions—This section contains actions that have been promulgated and published in the Federal Register since publication of the fall 2009 agenda. It also includes actions that EPA is 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 ------- Spring 2010 Semiannual Regulatory Agenda EPA of the Regulatory Flexibility Act section 610 reviews in this section of the agenda. F. What Information Is in the Regulatory Flexibility Agenda and the E-Agenda? Regulatory Flexibility Agenda entries include: Sequence Number, RIN, Title, Description, Statutory Authority, Section 610 Review, if applicable, Regulatory Flexibility Analysis Required, Schedule, Contact Person. E-Agenda entries include: Title: Titles for new entries (those that have not appeared in previous agendas) are preceded by a bullet (•). The notation "Section 610 Review" follows the title if we are reviewing the rule as part of our periodic review of existing rules under section 610 of the Regulatory Flexibility Act (RFA) (5 U.S.C. 610). Priority: Entries are placed into one of five categories described below. OMB reviews all significant rules including both of the first two categories, "economically significant" and "other significant." Economically Significant: Under E.O. 12866, a rulemaking action that may have an annual effect on the economy of $100 million or more, or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities. Other Significant: A rulemaking that is not economically significant but is considered significant for other reasons. This category includes rules that may: 1. Create a serious inconsistency or otherwise interfere with an action taken or planned by another agency; 2. Materially alter the budgetary impact of entitlements, grants, user fees, or loan programs, or the rights and obligations of recipients; or 3. Raise novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles in Executive Order 12866. Substantive, Nonsignificant: A rulemaking that has substantive impacts but is not Significant, Routine and Frequent, or Informational/Administrative/Other. Routine and Frequent: A rulemaking that is a specific case of a recurring application of a regulatory program in the Code of Federal Regulations (e.g., certain State Implementation Plans, National Priority List updates, Significant New Use Rules, State Hazardous Waste Management Program actions, and Tolerance Exemptions). If an action that would normally be classified Routine and Frequent is reviewed by the Office of Management and Budget under E.O. 12866, then we would classify the action as either "Economically Significant" or "Other Significant." Informational/Administrative/Other: An action that is primarily informational or pertains to an action outside the scope of E.O. 12866. Also, if we believe that a rule may be "Major" as defined in the Congressional Review Act (5 U.S.C. 801, 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 USC 801." Legal Authority: The sections of the United States Code (USC), Public Law (PL), Executive Order (EO), or common name of the law that authorizes the regulatory action. CFR Citation: The sections of the Code of Federal Regulations that would be affected by the action. Legal Deadline: An indication of whether the rule is subject to a statutory or judicial deadline, the date of that deadline, and whether the deadline pertains to a Notice of Proposed Rulemaking, a Final Action, or some other action. Abstract: A brief description of the problem the action will address. Timetable: The dates (and citations) that documents for this action were published in the Federal Register and, where possible, a projected date for the next step. Projected publication dates frequently change during the course of developing an action. The projections in the agenda are our best estimates as of the date we submit the agenda for publication. For some entries, the timetable indicates that the date of the next action is "to be determined." Regulatory Flexibility Analysis Required: Indicates whether EPA has prepared or anticipates that it will be preparing a regulatory flexibility analysis under section 603 or 604 of the RFA. Generally, such an analysis is required for proposed or final rules subject to the RFA that EPA believes may have a significant economic impact on a substantial number of small entities. Small Entities Affected: Indicates whether we expect the rule to have any effect on small businesses, small governments, or small nonprofit organizations. Government Levels Affected: Indicates whether we expect the rule to have any effect on levels of government and, if so, whether the governments are State, local, tribal, or Federal. Federalism Implications: Indicates whether the action is expected to have substantial direct effects on the States, on the relationship between the National Government and the States, or on the distribution of power and responsibilities among the various levels of government. Unfunded Mandates: Section 202 of the Unfunded Mandates Reform Act generally requires an assessment of anticipated costs and benefits if a rule includes a mandate that may result in expenditures of more than $100 million in any one year by State, local, and tribal governments, in the aggregate, or by the private sector. If we expect to exceed this $100 million threshold, we note it in this section. Energy Impacts: Indicates whether the action is a significant energy action under E.O. 13211. International Trade Impacts: Indicates whether the action is likely to have international trade or investment effects, or otherwise be of international interest. Agency Contact: The name, address, phone number, and e-mail address, if available, of a person who is knowledgeable about the regulation. SAN Number: An identification number that EPA uses to track rulemakings and other actions under development. URLs: For some of our actions, we include the Internet addresses for reading copies of rulemaking documents, submitting comments on proposals, and getting more information about the rulemaking and the program of which it is a part. (Note: To submit comments on proposals, you can go to our electronic docket, which is at \vwf\v.regulations.gov. Once there, follow the online instructions to access ------- Spring 2010 Semiannual Regulatory Agenda EPA the docket and submit comments. A docket identification (ID) number will assist in the search for materials. We include this number in the additional information section of many of the agenda entries that have already been proposed.) RIN: The Regulation Identifier Number is used by OMB to identify and track rulemakings. The first four digits of the RIN stand for the EPA office with lead responsibility for developing the action. G. How Can I Find Out About Rulemakings That Start Up After the Regulatory Agenda Is Signed? EPA posts monthly information of new rulemakings that the Agency's senior managers have decided that we should develop. We also distribute this list via e-mail. You can see the current list, which we call the Action Initiation List at http://www.epa.gov/lawsregs/search/ ail.html where you will also find information about how to get an e-mail notification when a new list is posted. H. What Tools for Mining Regulatory Agenda Data and for Finding More About EPA Rules and Policies Are Available at Reginfo.gov, EPA.gov, and Regulations.gov? 1. The http://www.reginfo.gov/ Searchable Database The Regulatory Information Service Center and Office of Information and Regulatory Affairs have revised a Federal regulatory dashboard and continue to allow users to view the Regulatory Agenda database (http://www.reginfo.gov/public/do/ eAgendaMain), which includes powerful search, display and data transmission options. At that site you can: 1. See the preamble. At the URL listed above for the Unified Agenda and Regulatory Plan, find "Current Agenda Agency Preambles." Environmental Protection Agency is listed alphabetically under "Other Executive Agencies." 2. Get a complete list ofEPA's entries in the current edition of the Agenda. Use the drop-down menu in the "Select Agency" box to find Environmental Protection Agency and "Submit." 3. View the contents of all ofEPA's entries in the current edition of the Agenda. Choose "Agenda/Regulatory Plan Search" in the top right corner. Within the "Agenda/Regulatory Plan Search" screen, open "Advanced Search," then "Continue." Select "Environmental Protection Agency" and "Continue." Select "Search," then "View All RIN Data (Max 350)." 4. 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 entitled "Advanced Search - Select Additional Fields," choose the characteristics you are seeking before "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 "Business" under "Regulatory Flexibility Analysis Required." 5. Download the results of your searches in XML format. 2. Subject Matter EPA Web sites Some actions listed in the Agenda include a URL that provides additional information. 3. Public Dockets When EPA publishes either an Advanced Notice of Proposed Rulemaking (ANPRM) or a NPRM in the Federal Register, the Agency typically establishes 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. Docket information should be in that action's agenda entry. All of EPA's public dockets can be located at www.regulations.gov. 4. EPA's Rulemaking Gateway EPA's newly released online Rulemaking Gateway (www.epa.gov/rulemaking/) serves as a portal to EPA's priority rules, providing you with earlier and more concise information about Agency regulations. It also allows users to search for EPA rules that relate to specific interests, including impacts on small business; children's health; environmental justice; and State, local, and tribal government. The Rulemaking Gateway provides information as soon as work begins and provides updates on a monthly basis as new information becomes available. Time-sensitive information, such as notice of public meetings, is updated on a daily basis. Not all of EPA's regulatory agenda entries appear on the Rulemaking Gateway; only priority rulemakings can be found on the Gateway. You may access a definition of "priority rulemakings" here: http://yosemite.epa.gov/ opei/RuleGate.nsf/content/ about.html?opendocument I. Reviews of Rules With Significant Impacts on a Substantial Number of Small Entities Section 610 of the RFA requires that an agency review, within 10 years of promulgation, each rule that has or will have a significant economic impact on a substantial number of small entities. EPA has three rules scheduled for 610 review in spring 2010. Rule Being Reviewed RIN Docket ID National Primary Drinking Water Regulations: Radionuclides (Section 610 Review) Effluent Guidelines and Standards for the Centralized Waste Treatment Industry (Section 610 Review) 2040-AF19 2040-AF18 EPA-HQ-OW-2010-0166 EPA-HQ-OW-2010-0169 ------- Spring 2010 Semiannual Regulatory Agenda EPA Rule Being Reviewed Tier II Light-Duty Vehicle and Light-Duty Truck Emission Standards and Gasoline Sulfur Standards (Section 610 Review) RIN 2060-AQ12 Docket ID EPA-HQ-OAR-201 0-0052 EPA has established official public dockets for these 610 Reviews under the docket dentification (ID) numbers as indicated above. All documents in the dockets are listed on the www.regulations.gov Web site. Although listed in the index, some information is not publicly available; e.g., confidential business information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through www.regulations.gov or in hard copy at the applicable program (Water or Air) docket, EPA/DC, EPA West, Room 3334, 1301 Constitution Avenue NW., Washington, DC 20460. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566-1744. Unless otherwise indicated, please direct your comments to the identified docket ID number for the specific 610 Review item. For these 610 Reviews, please DO NOT submit CBI or information that is otherwise protected by statute. You may submit comments using one of the following methods: 1. Electronically. Go directly to \vwf\v.regulations.gov and find "Advanced Docket Search." Enter the appropriate docket ID number. The system is an "anonymous access" system, which means EPA will not know your identity, e-mail address, or other contact information unless you provide it in the body of your comment. If you do submit an electronic comment, EPA recommends that you include your name, mailing address, and an e-mail address or other contact information in the body of your comment. EPA's policy is that EPA will not edit your comment, and any identifying or contact information provided in the body of a comment will be included as part of the comment that is placed in the official public docket and made available in EPA's electronic public docket. 2. By Mail. Send your comments to: EPA Docket Center (EPA/DC), Environmental Protection Agency, Docket # [insert applicable docket number], 1200 Pennsylvania Avenue NW., Washington, DC 20460. 3. By Hand Delivery or Courier. Deliver your comments, identified by the Docket # [insert applicable docket number], to: EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Avenue NW., Washington, DC 20460. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is (202) 566-1744. Such deliveries are only accepted during the docket center's normal hours of operation as identified above. For more information on EPA's docket center, please visit http://www.epa.gov/epahome/ dockets.htm. Please ensure that your comments are submitted within the specified comment period. Comments received after the close of the comment period will be marked "late." EPA is not required to consider these late comments. For this action, please DO NOT submit CBI or information that is otherwise protected by statute. J. What Other Special Attention Do We Give to the Impacts of Rules on Small Businesses, Small Governments, and Small Nonprofit Organizations? For each of our rulemakings, we consider whether there will be any adverse impact on any small entity. We attempt to fit the regulatory requirements, to the extent feasible, to the scale of the businesses, organizations, and governmental jurisdictions subject to the regulation. Under RFA/SBREFA (the Regulatory Flexibility Act as amended by the Small Business Regulatory Enforcement Fairness Act), the Agency must prepare a formal analysis of the potential negative impacts on small entities, convene a Small Business Advocacy Review Panel (proposed rule stage), and prepare a Small Entity Compliance Guide (final rule stage) unless the Agency certifies a rule will not have a significant economic impact on a substantial number of small entities. For more detailed information about the Agency's policy and practice with respect to implementing RFA/SBREFA, please visit the RFA/SBREFA Web site at http://www.epa.gov/sbrefa/. For a list of the rules under development for which a Regulatory Flexibility Analysis will be required and for a list of rules under development that may affect small entities, but not significantly affect a substantial number of them, go to: http://www.regulations.gov/ fdmspublic/component/ main?main=UnifiedAgenda. 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: February 25, 2010. Louise Wise, Deputy Associate Administrator, Office of Policy, Economics, and Innovation. ------- EPA Spring 2010 Semiannual Regulatory Agenda GENERAL—Proposed Rule Stage Sequence Number Title Regulation Identifier Number 570 SAN No. 5121. Age Discrimination Regulations—EPA-Assisted Programs—Age Discrimination Act of 1975 2090-AA37 GENERAL—Final Rule Stage Sequence Number Title Regulation Identifier Number 571 SAN No. 5325 Technical Corrections to Title 40 To Conform to the Civil Monetary Penalty Inflation Adjustment Rule 572 SAN No. 5262 Waste Energy Recovery Registry 573 SAN No. 5291 Supplemental Standards of Ethical Conduct for Employees of the Environmental Protection Agen- cy 2020-AA49 2060-AP14 2015-AA01 CLEAN AIR ACT—Prerule Stage Sequence Number Title Regulation Identifier Number 574 SAN No. 5168 New Source Performance Standards (NSPS) Review 575 SAN No. 5373 Lead Emissions From Piston-Engine Aircraft Using Leaded Aviation Gasoline 576 SAN No. 5432 Tier II Light-Duty Vehicle and Light-Duty Truck Emission Standards and Gasoline Sulfur Standards (Section 610 Review) 2060-AO60 2060-AP79 2060-AQ12 CLEAN AIR ACT—Proposed Rule Stage Sequence Number Title Regulation Identifier Number 577 SAN No. 5269 Revision to Definition of Volatile Organic Compounds—Exclusion of Methyl Iodide 2060-AP22 578 SAN No. 4266 Review of the National Ambient Air Quality Standards for Carbon Monoxide 2060-AI43 579 SAN No. 5169 Review of the National Ambient Air Quality Standards for Particulate Matter 2060-AO47 580 SAN No. 4752.5 Decision To Allow States Up to 3 Years To Revise Implementation Plans for PM2.5; Proposal To Revise the Interpollutant Trading Policy for PM2.5 Offsets 2060-AP72 581 SAN No. 5036 Petroleum Refineries—New Source Performance Standards (NSPS)—Subparts J and Ja 2060-AN72 582 SAN No. 5281 NESHAP Subpart W: Standards for Radon Emissions From Operating Uranium Mill Tailings: Re- view 2060-AP26 583 SAN No. 4531 Evaluation of Updated Test Procedures for the Certification of Gasoline Deposit Control Additives 2060-AJ61 584 SAN No. 5017 Protection of Stratospheric Ozone: Amending Requirements To Import Ozone-Depleting Sub- stances for Destruction in the U.S 2060-AN48 585 SAN No. 4856 Protection of Stratospheric Ozone: Amendments to the Leak Repair Regulations 2060-AM09 586 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 587 SAN No. 5339 Protection of Stratospheric Ozone: Listing of Substitutes for Ozone-Depleting Substances-Hydro- carbon Refrigerants 2060-AP54 588 SAN No. 5155 Measurement of PM2.5 and PM10 Emissions by Dilution Sampling 2060-AO50 589 SAN No. 5237 Revisions to Test Method for Determining Stack Gas Velocity Taking Into Account Velocity Decay Near the Stack Walls 2060-AP08 590 SAN No. 4988 NESHAP: Polyvinyl Chloride and Copolymers Production, Amendments 2060-AN33 591 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 592 SAN No. 4884 National Emission Standards for Hazardous Air Pollutants for Area Sources: Industrial, Commer- cial, and Institutional Boilers 2060-AM44 593 SAN No. 4926 NESHAP: Defense Land Systems and Miscellaneous Equipment 2060-AM84 594 SAN No. 4699.2 Implementing Periodic Monitoring in Federal and State Operating Permit Programs 2060-ANOO 595 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 ------- EPA Spring 2010 Semiannual Regulatory Agenda CLEAN AIR ACT—Proposed Rule Stage (Continued) Sequence Number Title Regulation Identifier Number 596 SAN No. 5095 NESHAP: Mercury Cell Chlor-Alkali Plants, Amendments 2060-AN99 597 SAN No. 5106 National Emission Standards for Hazardous Air Pollutants: Shipbuilding and Ship Repair (Surface Coating) Operations—Amendment 2060-AO03 598 SAN No. 5105 Commercial and Industrial Solid Waste Incineration Units; Response to Remand of New Source Performance Standards and Emission Guidelines 2060-AO12 599 SAN No. 5131 Revision to Definition of Volatile Organic Compounds—Exclusion of Family of Four Hydrofluoropolyethers(HFPEs) and HFE-347pc-f 2060-AO17 600 SAN No. 5120 Response to Request for Reconsideration of Final Air Emission MACT Rules for Large Municipal Waste Combustors (MWCs) 2060-AO18 601 SAN No. 5153 Adoption of International NOx Standard for Aircraft Engines 2060-AO70 602 SAN No. 5232 NESHAP: Reinforced Plastic Composites Production Rule Amendments 2060-AP05 603 SAN No. 5233 New Source Performance Standards for Grain Elevators—Amendments 2060-AP06 604 SAN No. 5261 Regulation of Fuel and Fuel Additives: Gasoline and Diesel Fuel Test Methods 2060-AP17 605 SAN No. 5275 Implementation Rule for a Reconsidered Ozone NAAQS in 2010 2060-AP24 606 SAN No. 5194.2 Implementation of the 1997 8-hour Ozone National Ambient Air Quality Standard: NSR Anti- Backsliding 2060-AP30 607 SAN No. 5035.2 NSPS Equipment Leaks; Amendments 2060-AP34 608 SAN No. 5318 In-Use Emissions Testing for Nonroad Diesel Engines and Amendments to General Compliance Provisions for Nonroad Engines 2060-AP41 609 SAN No. 5329 National Emissions Standard for Hazardous Air Pollutants for Gold Mine Ore Processing 2060-AP48 610 SAN No. 5336 Transport Rule (CAIR Replacement Rule) 2060-AP50 611 SAN No. 5349 National Emission Standards for Hazardous Air Pollutants for Coal- and Oil-Fired Electric Utility Steam Generating Units 2060-AP52 612 SAN No. 5348 Transportation Conformity Rule Restructuring Amendments 2060-AP57 613 SAN No. 5355 Control of Greenhouse Gas Emissions From Heavy-Duty Vehicles 2060-AP61 614 SAN No. 5357 Emissions Factors Program Improvements 2060-AP63 615 SAN No. 5359 Regulations for Alternative Fuel Conversions 2060-AP64 616 SAN No. 5364 Alternative Work Practices for Leak Detection and Repair; Amendments 2060-AP66 617 SAN No. 5365 Compression Ignition Engine NSPS; Amendments 2060-AP67 618 SAN No. 5076.1 Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Reasonable Possibility in Recordkeeping; Reconsideration 2060-AP71 619 SAN No. 4793.2 Reconsideration of the Prevention of Significant Deterioration and Nonattainment New Source Review NSR: Aggregation 2060-AP80 620 SAN No. 5386 Carbon Dioxide Injection and Geologic Sequestration Reporting Rule 2060-AP88 621 SAN No. 5388 Federal Reference Method for Lead in Total Suspended Particulate Matter 2060-AP89 622 SAN No. 5392 NSPS/Emission Guidelines (EG) for Sewage Sludge Incinerators 2060-AP90 623 SAN No. 5395 Requirements for Control Technology Determinations for Major Sources in Accordance With Clean Air Act Sections 2060-AP91 624 SAN No. 5394 Protection of Stratospheric Ozone: The 2011 Critical Use Exemption From the Phaseout of Methyl Bromide 2060-AP92 625 SAN No. 5389 National Emission Standards for Hazardous Air Pollutant Emissions: Group I Polymers and Resins and Marine Vessel Loading Operations (Risk and Technology Review) 2060-AP95 626 SAN No. 5397 Startup, Shutdown, and Malfunction Amendments to Part 63 Standards 2060-AP96 627 SAN No. 5399 Oil and Natural Gas Systems Greenhouse Gas Reporting Rule 2060-AP99 628 SAN No. 5400 Greenhouse Gas Reporting Rule for Additional Sources of Fluorinated GHGs 2060-AQOO 629 SAN No. 5402 Revisions to Test Methods and Testing Regulations 2060-AQ01 630 SAN No. 5406 Corporate Parent and NAICS Code in the Greenhouse Gas Mandatory Reporting Rule Require- ments 2060-AQ02 631 SAN No. 5242.2 Determination of Confidential Business Information Collected Under the GHG Mandatory Report- ing Program 2060-AQ04 632 SAN No. 5407 Revisions to In-Use Testing for Heavy-Duty Diesel Engines and Vehicles; Emissions Measurement and Instrumentation; Not-To-Exceed Emission Standards; and Technical Amendments for Off-Highway Engines .. 2060-AQ05 633 SAN No. 5409 Amendments to the Protocol Gas Verification Program, and Minimum Competency Requirements for Air Emission Testing 2060-AQ06 634 SAN No. 5411 RACT Issues for Implementation of the 1997 PM2.5 and Ozone NAAQS 2060-AQ07 635 SAN No. 5412 Action To Ensure Authority of State and Local Air Permit Programs To Regulate All Pollutants Elsewhere Subject to Regulation Under the Clean Air Act 2060-AQ08 636 SAN No. 5414 Revisions to Motor Vehicle Fuel Economy Label 2060-AQ09 637 SAN No. 5416 Review of New Source Performance Standards for Nitric Acid Plants 2060-AQ10 ------- EPA Spring 2010 Semiannual Regulatory Agenda CLEAN AIR ACT—Proposed Rule Stage (Continued) Sequence Number Title Regulation Identifier Number 638 SAN No. 5433 2011 Renewable Fuel Volume Standards as Required by Energy Independence and Security Act of 2007 (EISA) 639 SAN No. 5438 Regulation To Prevent the Misfueling of Vehicles and Engines With Gasoline Containing Greater Than Ten Volume Percent Ethanol and Modifications to the Reformulated and Conventional Gasoline Programs 640 SAN No. 5434 Method 16C for the Determination of Total Reduced Sulfur Emissions From Stationary Sources 641 National Emission Standards for Hazardous Air Pollutants for Major Source Industrial, Commercial, and Institu- tional Boilers and Process Heaters 2060-AQ16 2060-AQ17 2060-AQ23 2060-AQ25 CLEAN AIR ACT—Final Rule Stage Sequence Number Title Regulation Identifier Number 642 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 643 SAN No. 5302 Air Quality Designations and Classifications for the 2008 Ozone National Ambient Air Quality Standards 2060-AP37 644 SAN No. 5163 Review of the Primary National Ambient Air Quality Standard for Sulfur Dioxide 2060-AO48 645 SAN No. 3975 Review of New Sources and Modifications in Indian Country 2060-AH37 646 SAN No. 4752.4 Implementation of the New Source Review Program for Particulate Matter Less Than 2.5 Mi- crometers—Repeal of Grandfathering Provision and End Early the PM10 Surrogate Policy 2060-AP75 647 SAN No. 3958 Amendments to Standards of Performance for New Stationary Sources; Monitoring Requirements 2060-AH23 648 SAN No. 4585.1 NESHAP: Portland Cement Notice of Reconsideration 2060-AO15 649 SAN No. 5114 Amendment of Definitions for National Emissions Standards for Hazardous Pollutants for Radio- nuclides 2060-AO31 650 SAN No. 5016.2 National Emission Standards for Hazardous Air Pollutants: Area Source Standards for Paints and Allied Products Manufacturing 2060-AQ14 651 SAN No. 4070 Revisions to the General Conformity Regulations 2060-AH93 652 SAN No. 4757.1 Component Durability Procedures for New Light Duty Vehicles, Light Duty Trucks and Heavy Duty Vehicles 2060-AN01 653 SAN No. 5129 Control of Emissions From New Marine Compression-Ignition Engines At or Above 30 Liters Per Cylinder 2060-AO38 654 SAN No. 4599 Protection of Stratospheric Ozone: Listing of Substitutes for Ozone-Depleting Substances: N- Propyl Bromide 2060-AK26 655 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 656 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 657 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 658 SAN No. 5156 National Emission Standards for Hazardous Air Pollutants: Appendix A—Test Methods 2060-AO53 659 SAN No. 5143 Review of New Source Performance Standards—Portland Cement 2060-AO42 660 SAN No. 5029 Control of Air Pollution From New Motor Vehicles and New Motor Vehicle Engines: SAFETEA-LU HOV Facilities Rule 2060-AN68 661 SAN No. 5068 Prevention of Significant Deterioration for PM2.5—Increments, Significant Impact Levels, and Sig • nificant Monitoring Concentrations 2060-AO24 662 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 663 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 664 SAN No. 5194 Implementation of the 1997 8-Hr Ozone NAAQS: Classification of Subpart 1 Areas and Revision to Anti-Backsliding Provisions; Deletion of Obsolete 1-Hr Ozone Standard Provisions 2060-AO96 665 SAN No. 5259 Ambient Ozone Monitoring Regulations: Revisions to Network Design Requirements 2060-AP15 666 SAN No. 5260 NESHAP: Gasoline Distribution; Amendments—Area Source Standard 2060-AP16 667 SAN No. 5273 Restructuring of the Stationary Source Audit Program 2060-AP23 668 SAN No. 5286 Transportation Conformity PM2.5 and PM10 Amendments 2060-AP29 669 SAN No. 5344 EPA/NHTSA Joint Rulemaking To Establish Light-Duty Greenhouse Gas Emission Standards and Corporate Average Fuel Economy Standards 2060-AP58 10 ------- EPA Spring 2010 Semiannual Regulatory Agenda CLEAN AIR ACT—Final Rule Stage (Continued) Sequence Number Title Regulation Identifier Number 670 671 672 673 674 675 676 677 678 679 680 SAN No. 5345 Protection of Stratospheric Ozone: Allocation of Essential Use Allowances for Calendar Year 2010 SAN No. 5356 Protection of Stratospheric Ozone: The 2010 Critical Use Exemption From the Phaseout of Methyl Bromide SAN No. 5370 Revision to Pb Ambient Air Monitoring Requirements SAN No. 5372 Air Quality Designations for the 2008 Lead National Ambient Air Quality Standards SAN No. 5192 Prevention of Significant Deterioration/Title V Greenhouse Gas Tailoring Rule SAN No. 5405 Reconsideration of the 2008 Ozone National Ambient Air Quality Standards SAN No. 5242.1 Regulation To Establish Mandatory Reporting of GHGs From Industrial Landfills, Wastewater, Underground Coal Mines, and Magnesium Production SAN No. 5300.1 National Emission Standards for Hazardous Air Pollutants for Reciprocating Internal Combustion Engines—Existing Stationary Spark Ignition (Gas-Fired) SAN No. 5437 Minor Harmonizing Changes to General Provisions of the GHG Mandatory Reporting Rule SAN No. 5446 Technical Amendments for Marine Spark-Ignition Engines and Vessels SAN No. 5147.1 Implementation of the New Source Review Program for Particulate Matter (PM) Less Than 2.5 Micrometers—Ending of NSR Transition Period for Condensable PM 2060-AP59 2060-AP62 2060-AP77 2060-AP78 2060-AP86 2060-AP98 2060-AQ03 2060-AQ13 2060-AQ15 2060-AQ18 2060-AQ21 CLEAN AIR ACT—Long-Term Actions Sequence Number Title Regulation Identifier Number 681 SAN No. 5436 Standards of Performance for New Stationary Sources and Emissions Guidelines for Existing Sources: Hospital/Medical/lnfectious Waste Incinerators; Amendments 2060-AQ24 682 SAN No. 5170 Review of the Secondary National Ambient Air Quality Standards for Oxides of Nitrogen and Ox- ides of Sulfur 2060-A072 683 SAN No. 5306 Review of the National Ambient Air Quality Standards for Ozone 2060-AP38 684 SAN No. 5011 Federal Plan Requirements for Other Solid Waste Incineration Units Constructed on or Before De- cember 9, 2004 2060-AN43 685 SAN No. 4719 NESHAP: General Provisions; Amendments for Pollution Prevention Alternative Compliance Re- quirements 2060-AK54 686 SAN No. 4751 National Emission Standards for Hazardous Air Pollutants for Stationary Combustion Turbines— Petition To Delist 2060-AK73 687 SAN No. 4782 Petition To Delist Hazardous Air Pollutant: 4,4'-Methylene Diphenyl Diisocyanate 2060-AK84 688 SAN No. 4849 Petition To Delist a Hazardous Air Pollutant From Section 112 of the Clean Air Act: Methyl Isobutyl Ketone (MIBK) 2060-AM20 689 SAN No. 4309 National VOC Emission Standards for Consumer Products; Amendments 2060-AI62 690 SAN No. 4604 Modification of the Anti-Dumping Baseline Date Cut-Off Limit for Data Used in Development of an Individual Baseline 2060-AJ82 691 SAN No. 4819 Protection of Stratospheric Ozone: Process for Exempting Emergency Uses of Methyl Bromide 2060-AL94 692 SAN No. 4916 Protection of Stratospheric Ozone: Certification of Recovery and Recovery/Recycling Equipment Intended for Use With Substitute Refrigerants 2060-AM49 693 SAN No. 4901 Protection of Stratospheric Ozone: Modifications to the Technician Certification Requirements Under Section 608 of the Clean Air Act 2060-AM55 694 SAN No. 5151 Protection of Stratospheric Ozone: Labeling of Products Using HCFCs 2060-AO68 695 SAN No. 4607 Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act; Availability of Information to the Public; Technical Amendment 2050-AE95 696 SAN No. 3380 NSPS: SOCMI—Wastewater and Amendments 2060-AE94 697 SAN No. 4348 Inspection/Maintenance Program Requirements for Federal Facilities; Amendment 2060-AI97 698 SAN No. 4584 Performance Specifications for Continuous Parameter Monitoring Systems 2060-AJ86 699 SAN No. 4706 Anti-Dumping Baseline Recalculation for Downstream Oxygenate Addition 2060-AK69 700 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 701 SAN No. 4846 NSPS for Municipal Solid Waste Landfills 2060-AM08 702 SAN No. 4908 NESHAP: General Provisions (Once In Always In)—Amendments 2060-AM75 703 SAN No. 4929 NESHAP: Taconite Iron Ore Processing; Amendments 2060-AM87 704 SAN No. 4866.1 NESHAP: Site Remediation Amendments—Response to Litigation 2060-AN36 705 SAN No. 5079 Improving Implementation of the Operating Permit Rules in Response to CAAA Committee Rec- ommendations 2060-AN93 11 ------- EPA Spring 2010 Semiannual Regulatory Agenda CLEAN AIR ACT—Long-Term Actions (Continued) Sequence Number Title Regulation Identifier Number 706 SAN No. 48911 NESHAP: Miscellaneous Organic Chemical Manufacturing—Amendments 2060-AO07 707 SAN No. 5093.1 Petroleum Refinery Residual Risk Standards 2060-AO55 708 SAN No. 5185 Plywood and Composite Wood Products (PCWP) NESHAP—Proposed and Final Amendments To Address "No Emission Reduction" MACT Floors 2060-AO66 709 SAN No. 5206 Protection of the Stratospheric Ozone: Motor Vehicle Air Conditioning System Servicing 2060-AO75 710 SAN No. 5093.2 Risk and Technology Review—Pharmaceutical Production and Printing and Publishing—Bin 1 . .. 2060-AO91 711 SAN No. 5093.3 National Emission Standards for Hazardous Air Pollutants for Chromium Electroplating, Chro- mium Anodizing, and Steel Pickling Residual Risk and Technology Review 2060-AO92 712 SAN No. 5196 Risk and Technology Review Phase II Group 3 2060-AO97 713 SAN No. 5216 Prevention of Air Pollution Emergency Episodes 2060-APOO 714 SAN No. 5236 Remand of Halogenated Solvent Cleaning Final Residual Risk Rule 2060-AP07 715 SAN No. 5268 Response to Section 126 Petition From Warrick County, Indiana, and the Town of Newburgh, Indi- ana 2060-AP21 716 SAN No. 5280 NESHAP: Group I and IV Polymers and Resins: Amendments 2060-AP25 717 SAN No. 5347 Response to Petition From North Carolina 2060-AP51 718 SAN No. 5353. Response to Petition From Delaware 2060-AP60 719 SAN No. 5194.3 Implementing the 1997 8-Hour Ozone NAAQS: Section 185 Penalty Fee Provisions 2060-AP68 720 SAN No. 5367 NESHAP: Brick and Structural Clay and Clay Ceramics 2060-AP69 721 SAN No. 5369 Oil and Natural Gas Activities—Review of New Source Performance Standards, National Emission Standards for Hazardous Air Pollutants, and Control Techniques Guidelines 2060-AP76 722 SAN No. 5093.8 NESHAP Standard Standards for Petroleum Refineries—Heat Exchangers 2060-AP84 723 SAN No. 5396 Revision of New Source Performance Standards for New Residential Wood Heaters 2060-AP93 724 SAN No. 5391 National VOC Emission Standards for Architectural Coatings; Amendments 2060-AP94 725 SAN No. 5390 National Emission Standards for Hazardous Air Pollutants for Elemental Phosphorous Production .. 2060-AP97 726 SAN No. 5417 Risk and Technology Review for Ferroalloys Production 2060-AQ11 727 SAN No. 5435 Residual Risk and Technology Review Amendments to the Phosphoric Acid and Phosphate Fer- tilizer Production NESHAPs 2060-AQ20 CLEAN AIR ACT—Completed Actions Sequence Number Title Regulation Identifier Number 728 SAN No. 4315 Source-Specific Federal Implementation Plan for Navajo Generating Station; Navajo Nation 729 SAN No. 3919 Prevention of Significant Deterioration of Air Quality: Permit Application Review Procedures for Non-Federal Class I Areas 730 SAN No. 5111 Review of the Primary National Ambient Air Quality Standard for Nitrogen Dioxide 731 SAN No. 4752.3 Reconsideration of 2008 Final Implementation Rule for PM2.5 NSR: Stay of Effective Date for Grandfathering Provisions 732 SAN No. 5015 NESHAP: Area Source Standards—Chemical Preparations Industry 733 SAN No. 5016.1 National Emission Standards for Hazardous Air Pollutants: Area Source Standards for Paints and Allied Products Manufacturing—Technical Amendments 734 SAN No. 5191 NESHAP: Area Source Standards—Asphalt Processing and Asphalt Roofing Manufacturing 735 SAN No. 5201 NESHAP: Area Source Standards—Prepared (Animal) Feeds Manufacturing 736 SAN No. 5191.1 National Emission Standards for Hazardous Air Pollutants: Area Source Standards for Asphalt Processing and Asphalt Roofing Manufacturing—Technical Amendment 737 SAN No. 5071 Hospital/Medical/lnfectious Waste Incineration Units—Response to Remand 738 SAN No. 5115 Air Quality Index Reporting and Significant Harm Level for PM2.5 739 SAN No. 5052 Protection of Stratospheric Ozone: Ban on the Sale or Distribution of Pre-Charged Appliances 740 SAN No. 4722 California Gasoline Technical Correction 741 SAN No. 4874 NESHAP: Area Source Standards for Miscellaneous Chemical Manufacturing 742 SAN No. 4885 Flexible Air Permit Rule 743 SAN No. 5025 Revisions to the Definition of Potential to Emit (PTE) 744 SAN No. 5116 Reconsideration of Stationary Combustion Turbine NSPS 745 SAN No. 5124 Fuel Economy Regulations for Automobiles: Technical Amendments and Corrections 746 SAN No. 5144 Standards of Performance for Coal Preparation Plants: Amendments 747 SAN No. 5224 Protection of Stratospheric Ozone: Adjustments to the Allowance System for Controlling HCFC Production, Import, and Export 2009-AAOO 2060-AH01 2060-AO19 2060-AP65 2060-AN46 2060-AN47 2060-A094 2060-AO98 2060-AQ22 2060-AO04 2060-A011 2060-AN58 2060-AK56 2060-AM19 2060-AM45 2060-AN65 2060-AO23 2060-AO36 2060-A057 2060-A076 12 ------- EPA Spring 2010 Semiannual Regulatory Agenda CLEAN AIR ACT—Completed Actions (Continued) Sequence Number Title Regulation Identifier Number 748 749 750 751 752 753 754 755 756 757 758 759 760 SAN No. 5250 Renewable Fuels Standard Program SAN No. 5289 Protocols for Monitoring and Measuring Mercury Emissions SAN No. 5300 National Emission Standards for Hazardous Air Pollutants for Reciprocating Internal Combustion Engines—Compression Ignition SAN 5307; NP Regulation of Fuels and Fuel Additives: Federal Volatility Control Program in the Denver-Boulder- Greeley-Ft. Collins-Loveland, CO, 8-Hour Ozone Nonattainment Area SAN No. 4889.1 National Emission Standards for Hazardous Air Pollutants for Area Sources: Electric Arc Furnace Steelmaking Facilities; Amendments SAN No. 5323 Stay of CAIR and CAIR FIP for Minnesota SAN No. 5335 Endangerment and Cause or Contribute Findings for Greenhouse Gases SAN No. 5093.4 NESHAP Standard Standards for Petroleum Refineries—Wastewater 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. 5093.5 NESHAP Standard Standards for Petroleum Refineries—Equipment Leaks SAN No. 5093.6 NESHAP Standard Standards for Petroleum Refineries—Process Vents and Control Devices .... SAN No. 5093.7 NESHAP Standard Standards for Petroleum Refineries—Storage Vessels and Transfer Oper ations SAN No. 5377 Interpretation of Regulations That Determine Pollutants Covered by the Clean Air Act Permitting Programs 2060-AO81 2060-AP31 2060-AP36 2060-AP40 2060-AP44 2060-AP46 2060-AP55 2060-AP70 2060-AP73 2060-AP81 2060-AP82 2060-AP83 2060-AP87 ATOMIC ENERGY ACT—Proposed Rule Stage Sequence Number 761 Title SAN No 4003 Technical Change to Dose Methodology Regulation Identifier Number 2060-AH90 ATOMIC ENERGY ACT—Long-Term Actions Sequence Number Title Regulation Identifier Number 762 SAN No. 5319 Revision of Health and Environmental Protection Standards for Uranium and Thorium Mill Tailings and Uranium In Situ Leaching Processing Facilities 2060-AP43 ATOMIC ENERGY ACT—Completed Actions Sequence Number Title Regulation Identifier Number 763 SAN No. 4054 Environmental Radiation Protection Standards for the Disposal of Low-Activity Mixed Radioactive Waste 2060-AH63 NOISE CONTROL ACT—Final Rule Stage Sequence Number 764 Title SAN No 5102 Revision of Hearing-Protector Regulations Regulation Identifier Number 2060-AO25 13 ------- Spring 2010 Semiannual Regulatory Agenda EPA FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)—Prerule Stage Sequence Number 765 Title SAN No 5385 Pesticides' Public Availability of Identities of Inert Ingredients in Pesticides Regulation Identifier Number 2070-AJ62 FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)—Proposed Rule Stage Sequence Number 766 767 768 769 770 771 772 Title SAN No. 5005 Pesticides; Data Requirements for Plant-Incorporated Protectants (PIPs) and Certain Exemptions for PIPs SAN No. 5382 Pesticides; Satisfaction of Data Requirements; Minor Revisions to the Procedures To Ensure Pro- tection of Data Submitters' Rights SAN No. 5358 Pesticides; Regulation To Clarify Labeling of Pesticides for Export SAN No. 5393 Pesticides; Clarifying Changes to Labeling SAN No. 5082 Regulations To Facilitate Compliance With the Federal Insecticide, Fungicide, and Rodenticide Act by Producers of Plant- Incorporated Protectants (PIPs) SAN No. 4985 Pesticides; Determination of Status of Prions as Pests SAN No. 4618 Revision of Procedural Rules for Hearings on Cancellations, Suspensions, Changes in Classifica- tions, and Denials of Pesticide Registrations Regulation Identifier Number 2070-AJ27 2070-AJ58 2070-AJ53 2070-AJ61 2070-AJ32 2070-AJ26 201 5-AAOO FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)—Final Rule Stage Sequence Number 773 774 775 776 Title SAN No. 5031 Pesticides; Expansion of Crop Grouping Program 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-AJ28 2070-AD55 2070-AD56 2070-AC46 FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)—Long-Term Actions Sequence Number 111 778 779 780 781 782 783 784 785 Title 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. 4602 Plant Incorporated Protectants (PIPs); Exemption for Those Based on Viral Coat Protein Genes .... SAN No. 5007 Pesticides; Competency Standards for Occupational Users SAN No. 5006 Pesticides; Agricultural Worker Protection Standard Revisions SAN No 3892 Pesticides' Registration Requirements for Antimicrobial Pesticide Products SAN No 5183 Pesticides' Reconsideration of Exemptions for Insect Repellents Regulation Identifier Number 2070-AJ29 2070-AD30 2070-AJ49 2070-AJ23 2070-AD49 2070-AJ20 2070-AJ22 2070-AD14 2070-AJ45 TOXIC SUBSTANCES CONTROL ACT (TSCA)—Prerule Stage Sequence Number 786 787 Title SAN No. 5381 Lead; Renovation, Repair, and Painting Program for Public and Commercial Buildings SAN No. 5256 Polychlorinated Biphenyls (PCBs); Reassessment of Use Authorizations Regulation Identifier Number 2070-AJ56 2070-AJ38 14 ------- EPA Spring 2010 Semiannual Regulatory Agenda TOXIC SUBSTANCES CONTROL ACT (TSCA)—Proposed Rule Stage Sequence Number 788 789 790 791 792 793 794 795 796 797 798 799 800 801 802 803 804 Title SAN No. 5305 TSCA Section 13 Amendment: Electronic Reporting of TSCA Chemical Import Data in the Auto- mated Commercial Environment (ACE) SAN No. 5430 Chemicals of Concern List SAN No. 3493.3 Decabromodiphenyl Ether (DecaBDE), Pentabromodiphenyl Ether (PentaBDE), and Octabromodiphenyl Ether (OctaBDE) SAN No. 5419 Significant New Use Rule; Certain High Production Volume Chemicals and Existing Chemicals SAN No. 4878 TSCA Inventory Nomenclature for Enzymes and Proteins SAN No 5279 TSCA Inventory Update Reporting Modifications SAN No. 5421 TSCA Inventory; Clarification for Chemical Identification Describing Statutory Mixtures, Including Ceramic Materials, Cements, and Frits for TSCA Inventory Purposes SAN No. 5380 Lead; Clearance and Clearance Testing Requirements for the Renovation, Repair, and Painting Program SAN No. 5387 Mercury Export Ban Act; Procedures for Essential Use Exemptions SAN No. 5440 Significant New Use Rule; Elemental Mercury Used in Barometers, Manometers, Hygrometers, and Psychrometers SAN No. 5313 Test Rule; Certain Nanoscale Materials SAN No 5366 Nanoscale Materials' TSCA Section 8(a) Reporting for Nanoscale Materials SAN No 5420 Nanoscale Materials' Significant New Use Rule (SNUR) SAN No. 5342 Significant New Use Rule for Glymes SAN No 1923 Follow-Up Rules on Existing Chemicals SAN No. 5418 General Exemptions From Reporting Requirements for Microorganisms; Revisions of Recipient Or- ganisms Elig ble for Tier I and Tier II Exemptions SAN No 3990 Test Rule' Testing of Certain High Production Volume (HPV) Chemicals Regulation Identifier Number 2070-AJ50 2070-AJ70 2070-AJ08 2070-AJ66 2070-AJ04 2070-AJ43 2070-AJ68 2070-AJ57 2070-AJ60 2070-AJ71 2070-AJ47 2070-AJ54 2070-AJ67 2070-AJ52 2070-AA58 2070-AJ65 2070-AD16 TOXIC SUBSTANCES CONTROL ACT (TSCA)—Final Rule Stage Sequence Number 805 806 807 808 809 810 811 812 813 Title SAN No. 5379 Lead; Amendment to the Opt-Out and Recordkeeping Provisions in the Renovation, Repair, and Painting Program SAN No. 5238 Significant New Use Rule for Elemental Mercury in Flow Meters, Manometers, and Pyrometers SAN No. 5340 Mercury; Regulation To Update Outdated ASTM References in EPA Regulations That Require the Use of Mercury Thermometers 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 2563 Test Rule' Certain Chemicals on the ATSDR Priority List of Hazardous Substances SAN No. 3487 Test Rule; Hazardous Air Pollutants (HAPs) SAN No 5378 Amendments to the Procedural Rules for Enforceable Consent Agreements (EGAs) Regulation Identifier Number 2070-AJ55 2070-AJ36 2070-AJ51 2070-AA59 2070-AB27 2070-AJ31 2070-AB79 2070-AC76 2070-AJ59 TOXIC SUBSTANCES CONTROL ACT (TSCA)—Long-Term Actions Sequence Number 814 815 816 817 818 819 820 821 Title SAN No. 3148 Asbestos Model Accreditation Plan Revisions SAN No 5429 Short-Chained Chlorinated Paraffins (SCCPs)' Regulation(s) Under TSCA SAN No. 3528 Refractory Ceramic Fibers (RCFs) 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. 5398 Lead Wheel Weights; Regulatory Investigation SAN No 5312 Mercury Regulation of Use in Certain Products SAN No. 2150 Polychlorinated Biphenyls (PCBs); Placeholder for Petitions Seeking a Manufacturing (Import) Ex- emotion for Use Regulation Identifier Number 2070-AC51 2070-AJ69 2070-AC37 2070-AC21 2070-AC64 2070-AJ64 2070-AJ46 2070-AJ39 15 ------- Spring 2010 Semiannual Regulatory Agenda EPA Sequence Number 822 823 824 825 826 827 828 829 830 831 832 TOXIC SUBSTANCES CONTROL ACT (TSCA)— Long-Term Actions (Continued) Title SAN No 4598 TSCA Policy Statement on Oversight of Transgenic Organisms (Including Plants) SAN No 5287 Formaldehyde Emissions From Pressed Wood Products SAN No 3493 Testing of Existing Chemicals (Overview Entry for Future Needs) 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 5401 TSCA Reporting Requirements' Minor Revisions 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. 4975 Effects of Transfers of Ownership on Obligations Under Section 5 of TSCA Regulation Identifier Number 2070-AD53 2070-AJ44 2070-AB94 2070-AD44 2070-AJ07 2070-AJ34 2070-AB08 2070-AB11 2070-AJ63 2070-AD64 2070-AJ15 TOXIC SUBSTANCES CONTROL ACT (TSCA)—Completed Actions Sequence Number 833 834 835 836 Title SAN No 21502 Polychlorinated Biphenyls (PCBs)' Manufacturing (Import) Exemption for Disposal SAN No. 4984 Clarification on TSCA Inventory Status of Activated Phosphors SAN No. 4635 Amendment to the Premanufacture Notification Exemptions; Revisions of Exemptions for Certain Polymers SAN No 5270 Electronic Premanufacture Notice (PMN) Reporting Regulation Identifier Number 2050-AG42 2070-AJ21 2070-AD58 2070-AJ41 EMERGENCY PLANNING AND COMMUNITY RIGHT—TO—KNOW ACT (EPCRA)—Proposed Rule Stage Sequence Number 837 838 839 840 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 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 Regulation Identifier Number 2050-AF08 2025-AA19 2025-AA28 2025-AA1 1 EMERGENCY PLANNING AND COMMUNITY RIGHT—TO—KNOW ACT (EPCRA)—Final Rule Stage Sequence Number 841 842 Title SAN No. 5368 TRI: Intent To Consider Lifting Administrative Stay Regarding Hydrogen Sulfide Reporting Require- ments; Opportunity for Public Comment SAN No. 5296 Toxics Release Inventory (TRI) Articles Exemption Clarification Rule Regulation Identifier Number 2025-AA27 2025-AA24 EMERGENCY PLANNING AND COMMUNITY RIGHT—TO—KNOW ACT (EPCRA)—Long-Term Actions Sequence Number 843 844 Title SAN No. 3215.1 Emergency Planning and Community Right-To-Know Act: Amendments an SAN No. 2425.4 TRI; Response to Petition To Delete Chromium, Antimony, and Titanate oound Cateaories Listed on the Toxics Release Inventory d Streamlining Rule ... From the Metal Corn- Regulation Identifier Number 2050-AG40 2025-AA16 16 ------- Spring 2010 Semiannual Regulatory Agenda EPA EMERGENCY PLANNING AND COMMUNITY RIGHT—TO—KNOW ACT (EPCRA)—Long-Term Actions (Continued) Sequence Number Title Regulation Identifier Number 845 SAN No. 2425.1 TRI; Response to Petition To Add Diisononyl Phthalate to the Toxics Release Inventory List of Toxic Chemicals 2025-AA17 RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)—Proposed Rule Stage Sequence Number 846 847 848 849 850 Title SAN No. 4470 Standards for the Management of Coal Combustion Residuals Generated by Commercial Electric Power Producers SAN No 5266 Identification of Non-Hazardous Secondary 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. 5441 Hazardous Waste Management Systems: Identification and Listing of Hazardous Waste: Carbon Dioxide (CO2) Injectate in Geological Sequestration Activities SAN No 5310 Hazardous Waste Technical Corrections and Clarifications Rule Regulation Identifier Number 2050-AE81 2050-AG44 2050-AG55 2050-AG60 2050-AG52 RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)—Final Rule Stage Sequence Number 851 Title SAN No 4977 1 Withdrawal of Expansion of RCRA Comparable Fuels Exclusion Regulation Identifier Number 2050-AG57 RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)—Long-Term Actions Sequence Number 852 853 854 855 856 857 858 859 860 861 862 Title SAN No. 5309 Episodic Generation Rulemaking 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 4091 Modifications to RCRA Rules Associated With Solvent-Contaminated Industrial Wipes 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-AG51 2050-AE23 2050-AE34 2050-AG45 2050-AG20 2050-AG39 2050-AE51 2050-AG34 2050-AF01 2050-AG54 2050-AC71 17 ------- EPA Spring 2010 Semiannual Regulatory Agenda RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)—Completed Actions Sequence Number Title Regulation Identifier Number 863 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 Waste 2050-AE93 COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT—Proposed Rule Stage ~ 864 SAN No. 3439 National Priorities List for Uncontrolled Hazardous Waste Sites 2050-AD75 COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT—Final Rule Stage Regulation 865 SAN No. 5376 Revision of Cooperative Agreements and Superfund State Contracts for Superfund Response Ac- tions 2050-AG58 COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT—Long-Term Actions Regulation FuS 866 SAN No. 5350 CERCLA 108(b) Financial Responsibility 2050-AG56 867 SAN No. 4737 Correction of Errors and Adjustment of CERCLA Reportable Quantities 2050-AF03 868 SAN No. 4971 National Contingency Plan Revisions To Align With the National Response Plan 2050-AG22 CLEAN WATER ACT—Prerule Stage Regulation 869 SAN No. 5444 Effluent Guidelines and Standards for the Centralized Waste Treatment Industry (Section 610 Re- view) 2040-AF18 CLEAN WATER ACT—Proposed Rule Stage Regulation 870 SAN No. 4526 Revisions to the National Oil and Hazardous Substances Pollution Contingency Plan; Product Schedule Listing Requirements 2050-AE87 871 SAN No. 5311 Development of Best Management Practices for Recreational Boats 2040-AF03 872 SAN No. 5363 Guidelines Establishing Test Procedures for the Analysis of Pollutants Under the Clean Water Act; Analysis and Sampling Procedures 2040-AF09 873 SAN No. 5210 Criteria and Standards for Cooling Water Intake Structures 2040-AE95 874 SAN No. 3786 National Pollutant Discharge Elimination System (NPDES): Use of Sufficiently Sensitive Test Meth- ods for Permit Applications and Reporting 2040-AC84 875 SAN No. 2634.9 SPCC Compliance Date Extension 2050-AG59 876 SAN No. 5362 Amendment to Effluent Guidelines for Primary Aluminum Smelting Subcategory of the Nonferrous Metals Manufacturing Point Source Category 2040-AF12 18 ------- EPA Spring 2010 Semiannual Regulatory Agenda CLEAN WATER ACT—Proposed Rule Stage (Continued) Sequence Number 877 878 879 Title SAN No. 5413 Marine Sanitation Devices: Proposed Regulation To Establish a No Discharge Zone for California State Marine Waters SAN No. 4746 Regulations for Gray and Black Water Discharges From Cruise Ships Operating in Certain Alaskan Waters SAN No. 5240 National Pollutant Discharge Elimination System (NPDES) Permit Regulations for New Dischargers and the Appropriate Use of Offsets With Regard to Water Quality Permitting Regulation Identifier Number 2009-AA04 2040-AD89 2040-AF17 CLEAN WATER ACT—Final Rule Stage Sequence Number 880 881 882 883 Title SAN No. 5361 Water Quality Standards (Numeric Nutrient Criteria) for Florida's Lakes and Flowing Waters SAN No 4948 Effluent Limitations Guidelines and Standards for Airport Deicing Operations SAN No. 5320 2010 Effluent Guidelines Program Plan SAN No 5098 Guidance for Implementing the Methylmercury Water Quality Criterion Regulation Identifier Number 2040-AF11 2040-AE69 2040-AF06 2040-AE87 CLEAN WATER ACT—Long-Term Actions Sequence Number Title Regulation Identifier Number 884 885 886 887 888 889 890 891 892 893 894 895 SAN No. 5424 Water Quality Standards Regulatory Clarifications SAN No. 4049 Test Procedures for the Analysis of Co-Planar and Mono-Ortho-Substituted Polychlorinated Biphenyls (PCBs) Under the Clean Water Act SAN No. 4357 Uniform National Discharge Standards for Vessels of the Armed Forces—Phase II SAN No. 3999 NPDES Permit Requirements for Municipal Sanitary and Combined Sewer Collection Systems, Municipal Satellite Collection Systems, Sanitary Sewer Overflows, and Peak Excess Flow Treatment Facilities .... SAN No. 4690 NPDES Permit Requirements for Peak Wet Weather Discharges From Publicly Owned Treatment Work Treatment Plants Serving Sanitary Sewer Collection Systems Policy SAN No. 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. 5422 Effluent Limitations Guidelines and Standards for the Steam Electric Power Generating Point Source Category SAN No. 5251 NPDES Electronic Reporting Rule SAN No. 5330 Oil and Gas Construction Stormwater Rule SAN No. 5408 Stormwater Regulations To Address Revision Discharges From Developed Sites SAN No. 5443 Revised Regulations for Concentrated Animal Feeding Operations (CAFOs) in the Chesapeake Bay Watershed 2040-AF16 2040-AD09 2040-AD39 2040-AD02 2040-AD87 2050-AG50 2040-AE82 2040-AF14 2020-AA47 2040-AF05 2040-AF13 2040-AF20 CLEAN WATER ACT—Completed Actions Sequence Number 896 897 898 Title SAN No. 2634.2 Revisions to the Spill Prevention, Control, and Countermeasure (SPCC) Rule SAN No. 5119 Effluent Limitations Guidelines and Standards for the Construction and Development Point Source Category SAN No. 4967. New/Revised Ambient Water Quality Criteria (AWQC) for Recreational Waters Regulation Identifier Number 2050-AG16 2040-AE91 2040-AE77 19 ------- EPA Spring 2010 Semiannual Regulatory Agenda SAFE DRINKING WATER ACT (SDWA)—Prerule Stage Sequence Number Title Regulation Identifier Number 899 SAN No. 5445 National Primary Drinking Water Regulations: Radionuclides (Section 610 Review) 2040-AF19 SAFE DRINKING WATER ACT (SDWA)—Proposed Rule Stage Seauence Regulation M 1 Title Identifier Number Number 900 SAN No. 5284 Revising Underground Storage Tank Regulations—Revisions to Existing Requirements and Addi • tions To Incorporate the Provisions of the Energy Policy Act 2050-AG46 901 SAN No. 4775 National Primary Drinking Water Regulations: Revisions to the Total Coliform Rule 2040-AD94 902 SAN No. 5360 Unregulated Contaminant Monitoring Regulation (UCMR 3) for Public Water Systems Revisions .... 2040-AF10 SAFE DRINKING WATER ACT (SDWA)—Final Rule Stage Seauence Regulation M 1 Title Identifier Number Number 903 SAN No. 5211 Federal Requirements Under the Underground Injection Control (UIC) Program for Carbon Dioxide (CO2) Geologic Sequestration (GS) Wells 2040-AE98 SAFE DRINKING WATER ACT (SDWA)—Long-Term Actions Regulation FuS 904 SAN No. 5423 National Primary Drinking Water Regulations for Lead and Copper: Regulatory Revisions 2040-AF15 905 SAN No. 2281 National Primary Drinking Water Regulations: Radon 2040-AA94 906 SAN No. 3238 National Primary Drinking Water Regulations: Aldicarb 2040-AC13 907 SAN No. 4404 National Secondary Drinking Water Regulations (NSDWR): Methyl Tertiary Butyl Ether (MTBE) and Technical Corrections to the NSDWR 2040-AD54 908 SAN No. 4821.1 Perchlorate Regulatory Determination 2040-AF08 909 SAN No. 4236 Underground Injection Control: Update of State Programs 2040-AD40 SAFE DRINKING WATER ACT (SDWA)—Completed Actions ~ 910 SAN No. 5066 Second 6-Year Review of Existing National Primary Drinking Water Regulations 2040-AE90 SHORE PROTECTION ACT (SPA)—Long-Term Actions 911 SAN No. 2820 Shore Protection Act, Section 4103(b) Regulations 2040-AB85 20 ------- Spring 2010 Semiannual Regulatory Agenda Environmental Protection Agency (EPA) General Proposed Rule Stage 570. 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 Action 04/00/10 04/00/10 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 Helena Wooden-Aguilar, Environmental Protection Agency, Office of the Administrator, 1201A, Washington, DC 20460 Phone: 202 343-9681 Fax: 202 233-0630 Email: wooden-aguilar.helena ©epa.gov RIN: 2090-AA37 Environmental Protection Agency (EPA) General Final Rule Stage 571. 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: 40 CFR 19.4 Legal Deadline: None Abstract: On December 11, 2008, EPA promulgated the 2008 Civil Monetary Penalty Inflation Adjustment Rule (73 FR 75340) to adjust all statutory civil monetary penalties for inflation. This rule was issued pursuant to the Debt Collection Improvement Act (DCIA), which requires each federal agency to adjust statutory penalty amounts under its jurisdiction to account for inflation. During the course of that rulemaking, EPA discovered that certain regulatory provisions of Title 40 referred to outdated statutory civil penalty amounts. This rulemaking will amend all regulatory references to specific civil penalty amounts to refer to the operative effective statutory maximum penalty amount reflected in 40 CFR 19.4. Timetable: Action Date FR Cite Direct Final Action 05/00/10 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: 202 564-1021 Email: okeefe.susan@epamail.epa.gov RIN: 2020-AA49 572. 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 composed of a survey of major industrial and large commercial combustion sources, and a Registry of Recoverable Waste Energy Sources. On July 23, 2009, EPA issued a proposed rule that included the criteria for including sources or sites in a Registry of Recoverable Waste Energy Sources, and the survey processes by which EPA will collect data and populate the Registry. Under this action, EPA will publish a rule establishing criteria for including sites in the Registry of Recoverable Waste Energy Sources. Timetable: Action NPRM NPRM Comment Period End Final Action Date FR Cite 07/23/09 74 FR 36430 09/21/09 11/00/10 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 Docket information: EPA-HQ-OAR- 2008-0201. Agency Contact: Susan Wickwire, Environmental Protection Agency, Air and Radiation, 6202J, Washington, DC 20460 Phone: 202 343-9155 Fax: 202 565-2155 21 ------- Spring 2010 Semiannual Regulatory Agenda EPA—General Final Rule Stage Email: wckwfire.susan@epamail.epa.gov RIN: 2060-AP14 573. 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 12/00/10 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 Environmental Protection Agency (EPA) Clean Air Act P re rule Stage 574. NEW SOURCE PERFORMANCE STANDARDS (NSPS) REVIEW 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) Review under CAA section lll(b)(l)(B) is to address our obligation to review and revise each NSPS at a minimum of every 8 years. The review will outline criteria which the Agency believes indicates that a standard remains effective and need not be reviewed. 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 05/00/10 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, D205-02, RTF, NC 27711 Phone: 919 541-2750 Fax: 919 541-5600 Email: ndoh.christina@epamail.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 575. LEAD EMISSIONS FROM PISTON-ENGINE AIRCRAFT USING LEADED AVIATION GASOLINE Priority: Other Significant 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. 22 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Clean Air Act Prerule Stage Timetable: Action Date FR Cite ANPRM 04/00/10 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 576. • TIER II LIGHT-DUTY VEHICLE AND LIGHT-DUTY TRUCK EMISSION STANDARDS AND GASOLINE SULFUR STANDARDS (SECTION 610 REVIEW) Priority: Info./Admin./Other Legal Authority: 5 USC 610 CFR Citation: Not Yet Determined Legal Deadline: None Abstract: On February 10, 2000 (65 FR 6698), EPA promulgated a regulation to require emission standards for light- duty vehicles and light-duty trucks through lowering tailpipe emission standards. Specifically, EPA sought to reduce emissions of nitrogen oxides and non-methane hydrocarbons, pollutants which contribute to ozone pollution. The rulemaking also provided limitations on the sulfur content of gasoline available nationwide. Sulfur in gasoline has a detrimental impact on catalyst performance and could be a limiting factor in the introduction of advanced technologies on motor vehicles. Pursuant to section 610 of the Regulatory Flexibility Act, on February 19, 2010, EPA initiated a review of this rule to determine if it should be continued without change, or should be rescinded or amended to minimize adverse economic impacts on small entities (75 FR 7426). As part of this review, EPA is considering, and has solicited comments on, the following factors: (1) The continued need for the rule; (2) the nature of complaints or comments received concerning the rule; (3) the complexity of the rule; (4) the extent to which the rule overlaps, duplicates, or conflicts with other Federal, State, or local government rules; and (5) the degree to which technology, economic conditions, or other factors have changed in the area affected by the rule. The results of EPA's review will be summarized in a report and placed in the docket EPA- HQ-OAR-2010-0052. This docket can be accessed at www.regulations.gov. Timetable: Action Date FR Cite Final Rule Begin Review End Comment Period End Review 02/10/00 65 FR 6698 02/19/10 75 FR 7426 03/22/10 10/00/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 5432; EPA publication information: Final Action - http://frwebgate.access.gpo.gov/ cgi- bin/getdoc.cgi?dbname =2000 register&docid =page+6697- 6746.pdf; Related to RIN 2060-AI23; EPA Docket information: EPA-HQ-OAR- 2010-0052. Agency Contact: Tad Wysor, Environmental Protection Agency, Air and Radiation, USEPA, Ann Arbor, MI 48105 Phone: 734 214-4332 Fax: 734 214-4816 Email: wysor.tad@epamail.epa.gov Tom Eagles, Environmental Protection Agency, Air and Radiation, 6103A, Washington, DC 20460 Phone: 202 564-1952 Fax: 202 564-1554 Email: eagles.tom@epamail.epa.gov RIN: 2060-AQ12 Environmental Protection Agency (EPA) Clean Air Act Proposed Rule Stage 577. REVISION TO DEFINITION OF VOLATILE ORGANIC COMPOUNDS- EXCLUSION OF METHYL IODIDE Priority: Substantive, Nonsignificant Legal Authority: CAA 301 CFR Citation: 40 CFR 51.100 (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 iodide based on its reactivity. This compound is used as a pesticide. Timetable: Action Date FR Cite NPRM 06/00/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses Government Levels Affected: State Additional Information: SAN No. 5269; We are receiving assistance from the Significant New Alternatives Policy (SNAP) Program and from Regional Office 4 and 9; EPA Docket information: EPA-HQ-OAR-2008-0350. Agency Contact: Dave Sanders, Environmental Protection Agency, Air and Radiation, C539-01, RTF, NC 27711 Phone: 919 541-3356 Fax: 919 541-0824 Email: sanders.dave@epamail.epa.gov William L Johnson, Environmental Protection Agency, Air and Radiation, C539-01, RTF, NC 20460 Phone: 919 541-5245 23 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Clean Air Act Proposed Rule Stage Fax: 919 541-0824 Email: johnson.williaml@epamail.epa.gov RIN: 2060-AP22 578. REVIEW OF THE NATIONAL AMBIENT AIR QUALITY STANDARDS FOR CARBON MONOXIDE 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, 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, Local, 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 579. 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 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 12/00/10 08/00/11 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal, Local, State, Tribal Additional Information: SAN No. 5169; EPA Docket information: EPA-HQ-OAR- 2007-0492. 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: 919 541-4605 Fax: 919 541-0237 Email: hassett-sipple.beth@epa.gov Karen Martin, Environmental Protection Agency, Air and Radiation, C5 04-06, Research Triangle Park, NC 27711 Phone: 919 541-5274 Fax: 919 541-0237 Email: martin.karen@epamail.epa.gov RIN: 2060-AO47 580. DECISION TO ALLOW STATES UP TO 3 YEARS TO REVISE IMPLEMENTATION PLANS FOR PM2.5; PROPOSAL TO REVISE THE INTERPOLLUTANT TRADING POLLCY FOR PM2.5 OFFSETS Priority: Other Significant Legal Authority: 42 USC 7410; 42 USC 7501 et seq; 42 USC 7601(a)(l) CFR Citation: 40 CFR 51 Legal Deadline: None Abstract: This action completes the proceeding for reconsidering the challenged provisions by addressing the two remaining issues associated with the petition for reconsideration. EPA received and granted a petition from the National Resource Defense Council and Sierra Club for reconsideration of these four provisions. This action completes the Agency's proceedings for reconsideration by addressing the first and fourth issues. Issues 2 and 3 have been addressed in earlier rulemakings. On May 16, 2008, EPA amended its Prevention of Significant Deterioration 24 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Clean Air Act Proposed Rule Stage (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, and to continue using EPA's 1997 PM10 Surrogate Policy until such revisions are approved by EPA; (2) allowed permit applicants to exclude, until January 1, 2010, any amounts of condensable 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. Timetable: Action NPRM Final Action Date 10/00/10 To Be FR Cite Determined 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 2060-AN86; Split from RIN 2060-AK74; EPA Docket information: EPA-HQ-OAR-2003-0062. URL For More Information: www.epa.gov/nsr/ Agency Contact: Dan DeRoeck, Environmental Protection Agency, Air and Radiation, C504-03, 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, C504-03, RTF, NC 27711 Phone: 919 541-5344 Fax: 919 541-5509 Email: rao.raj@epamail.epa.gov RIN: 2060-AP72 581. PETROLEUM REFINERIES—NEW SOURCE PERFORMANCE STANDARDS (NSPS)—SUBPARTS J AND JA 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 December 22, 2008, 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 NPRM NPRM Comment Period Extended NPRM Comment Period End NPRM Comment 08/27/07 Period Extended To Final Rule 06/24/08 73 FR 35838 Response to 11/00/10 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. Agency Contact: Bob Lucas, Environmental Protection Agency, Air and Radiation, E143-01, RTF, NC 27709 Phone: 919 541-0884 Fax: 919 541-0246 Email: lucas.bob@epamail.epa.gov Ken Hustvedt, Environmental Protection Agency, Air and Radiation, E143-01, RTF, NC 27711 Phone: 919 541-5395 Fax: 919 685-3200 Email: hustvedt.ken@epamail.epa.gov RIN: 2060-AN72 582. 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 03/00/11 To Be Determined Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Federal, State 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 25 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Clean Air Act Proposed Rule Stage Fax: 202 343-2304 Email: setlow.loren@epamail.epa.gov RIN: 2060-AP26 583. 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 584. 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 04/00/10 11/00/10 Regulatory Flexibility Analysis Required: Undetermined 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: www.epa.gov/ozone/destruction.html Agency Contact: Staci Gatica, Environmental Protection Agency, Air and Radiation, 6205J, Washington, DC 20460 Phone: 202 343-9469 Email: gatica.staci@epamail.epa.gov Julius Banks, Environmental Protection Agency, Air and Radiation, 6205J, Washington, DC 20460 Phone: 202 343-9870 Fax: 202 565-2155 Email: banks.julius@epamail.epa.gov RIN: 2060-AN48 585. PROTECTION OF STRATOSPHERIC OZONE: AMENDMENTS TO THE LEAK REPAIR REGULATIONS Priority: Other Significant Legal Authority: 42 USC 7671 et seq CFR Citation: 40 CFR 82.150 to 82.169 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 06/00/10 12/00/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses Government Levels Affected: Undetermined Additional Information: SAN No. 4856; EPA Docket information: EPA-HQ-OAR- 2003-0167. URL For More Information: 26 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Clean Air Act Proposed Rule Stage 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: 202 565-2155 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 586. PROTECTION OF STRATOSPHERIC OZONE: REVISION TO LISTING OF CARBON DIOXIDE TOTAL FLOODING FIRE EXTINGUISHING SYSTEMS RESTRICTING USE TO ONLY UNOCCUPIED AREAS Priority: Other Significant Legal Authority: 42 USC 7414; 42 USC 7601; 42 USC 7671 to 7671q CFR Citation: 40 CFR 82 Legal Deadline: None Abstract: Section 612 of the Clean Air Act requires EPA to identify alternatives to Class I and II ozone- depleting substances and to publish lists of acceptable and unacceptable substitutes. 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: Timetable: Action Date FR Cite Action Date FR Cite NPRM Final Action 09/00/10 07/00/11 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. 4991. URL For More Information: 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 587. PROTECTION OF STRATOSPHERIC OZONE: LISTING OF SUBSTITUTES FOR OZONE-DEPLETING SUBSTANCES-HYDROCARBON REFRIGERANTS Priority: Other Significant Legal Authority: 42 USC 7414; 42 USC 7601; 42 USC 7671 to 7671q CFR Citation: 40 CFR 82 Legal Deadline: None Abstract: This 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. NPRM Final Action 05/00/10 01/00/11 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 5339; EPA Docket information: EPA-HQ-OAR- 2009-0286. 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 588. 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 27 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Clean Air Act Proposed Rule Stage 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. Agency Contact: Jason Dewees, Environmental Protection Agency, Air and Radiation, E143-02, RTF, NC 27711 Phone: 919 541-9724 Fax: 919 541-0516 Email: dewees.jason@epamail.epa.gov Candace Sorrell, Environmental Protection Agency, Air and Radiation, E143-02, RTF, NC 27711 Phone: 919 541-1064 Fax: 919 541-0516 Email: sorrell.candace@epa.gov RIN: 2060-AO50 589. 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 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 NPRM NPRM Comment Period End Final Action Date FR Cite 08/25/09 74 FR 428 19 10/26/10 10/00/10 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; 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 Fax: 919 541-0516 Email: dewees.jason@epamail.epa.gov Conniesue Oldham, Environmental Protection Agency, Air and Radiation, E143-02, RTF, NC 27711 Phone: 919 541-7774 Fax: 919 541-0516 Email: oldham.conniesue@epamail.epa.gov RIN: 2060-AP08 590. NESHAP: POLYVINYL CHLORIDE AND COPOLYMERS PRODUCTION, AMENDMENTS Priority: Substantive, Nonsignificant Legal Authority: 42 USC 7412 CFR Citation: 40 CFR 63.210 to 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 Final Action 11/00/10 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 KG Hustvedt, Environmental Protection Agency, Air and Radiation, E143-01, Research Triangle Park, NC 27711 Phone: 919 541-5395 Email: hustvedt.ken@epa.gov RIN: 2060-AN33 591. 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 28 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Clean Air Act Proposed Rule Stage 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 rulemakings, 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 10/00/10 12/00/11 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 592. NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR AREA SOURCES: INDUSTRIAL, COMMERCIAL, AND INSTITUTIONAL BOILERS 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). This regulatory action will develop emission standards for boilers located at area sources. Section 112(k) requires development of standards for area sources, which account for 90 percent 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 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. 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: Federal, Local, State, Tribal Additional Information: SAN No. 4884; EPA Docket information: EPA-HQ-OAR- 2006-0790 (area source rule) and EPA- HQ-OAR-2002-0058 (major source rule). 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 RobertJ 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 Related RIN: Related to 2060-AQ25 RIN: 2060-AM44 593. 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 29 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Clean Air Act Proposed Rule Stage 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 12/00/10 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, E-143-03, RTF, NC 27711 Phone: 919 541-5580 Fax: 919 541-3470 Email: teal.kim@epa.gov Robin Dunkins, Environmental Protection Agency, Air and Radiation, E143-03, RTF, NC 27711 Phone: 919 541-5335 Fax: 919 541-3470 Email: dunkins.robin@epamail.epa.gov RIN: 2060-AM84 594. IMPLEMENTING PERIODIC MONITORING IN FEDERAL AND STATE OPERATING PERMIT PROGRAMS Priority: Economically Significant. Major under 5 USC 801. Unfunded Mandates: This action may affect the private sector under PL 104- 4. Legal Authority: 42 USC 7401 et seq CFR Citation: 40 CFR 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 Date FR Cite NPRM Final Action 09/00/10 01/00/11 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: 919 541-1116 Fax: 919 541-3207 Email: schell.bob@epamail.epa.gov RIN: 2060-ANOO 595. 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 596. NESHAP: MERCURY CELL CHLOR-ALKALI PLANTS, AMENDMENTS Priority: Other Significant Legal Authority: 42 USC 7412 CFR Citation: 40 CFR 63 Legal Deadline: None Abstract: This 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 30 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Clean Air Act Proposed Rule Stage (NRDC). NRDC also filed a petition for judicial review of the rule in the U.S. Court of Appeals for the B.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 Final Action To Be Determined 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;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, Research Triangle Park, NC 27711 Phone: 919 541-2837 Fax: 919 541-4991 Email: fruh.steve@epamail.epa.gov RIN: 2060-AN99 597. NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS: SHIPBUILDING AND SHIP REPAIR (SURFACE COATING) OPERATIONS—AMENDMENT Priority: Substantive, Nonsignificant 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 NPRM Direct Final Action NPRM Comment Period End Withdrawal of Direct 02/27/07 72 FR 8630 Final Reproposal 12/00/10 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: Kim Teal, Environmental Protection Agency, Air and Radiation, E-143-03, RTF, NC 27711 Phone: 919 541-5580 Fax: 919 541-3470 Email: teal.kim@epa.gov Robin Dunkins, Environmental Protection Agency, Air and Radiation, E143-03, RTF, NC 27711 Phone: 919 541-5335 Fax: 919 541-3470 Email: dunkins.robin@epamail.epa.gov RIN: 2060-AO03 598. 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, 2010. 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 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 04/00/10 12/00/10 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: Toni Jones, Environmental Protection Agency, Air and Radiation, E143-03, RTF, NC 27711 Phone: 919 541-0316 Fax: 919 541-3470 Email: jones.toni@epamail.epa.gov Charlene Spells, Environmental Protection Agency, Air and Radiation, E143-03, RTF, NC 27711 Phone: 919 541-5255 Fax: 919 541-3470 Email: spells.charlene@epamail.epa.gov RIN: 2060-AO12 31 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Clean Air Act Proposed Rule Stage 599. 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 HFPEs 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 12/00/10 08/00/11 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, RTF, NC 27711 Phone: 919 541-3356 Fax: 919 541-0824 Email: sanders.dave@epamail.epa.gov William L Johnson, Environmental Protection Agency, Air and Radiation, C539-01, RTF, NC 20460 Phone: 919 541-5245 Fax: 919 541-0824 Email: johnson.wfilliaml@epamail.epa.gov RIN: 2060-AO17 600. 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 Final Action 03/20/07 72 FR 13016 07/00/10 To Be Determined Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 5120; EPA publication information: Notice of reconsideration of final rule - http://www.epa.gov/fedrgstr/ EPA- AIR/2007/March/Day-20/a5022.htm. Agency Contact: Walt Stevenson, Environmental Protection Agency, Air and Radiation, D243-01, 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 601. 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's Committee on Aviation Environmental Protection (CAEP) in 2004 and 2010. The proposed rule would establish consistency between United States and international requirements. This action is necessary to ensure that domestic commercial aircraft meet the current international standards. Timetable: Action Date FR Cite NPRM Final Action 10/00/10 10/00/11 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 5153. Agency Contact: Bryan Manning, Environmental Protection Agency, Air and Radiation, 2000 Traverwood Dr., Ann Arbor, MI 48105 Phone: 734 214-4832 Fax: 734 214-4816 Email: manning.bryan@epa.gov Glenn Passavant, Environmental Protection Agency, Air and Radiation, USEPA, Ann Arbor, MI 48105 Phone: 734 214-4408 32 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Clean Air Act Proposed Rule Stage Email: passavant.glenn@epamail.epa.gov RIN: 2060-AO70 602. 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 06/00/10 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@epamail.epa.gov RIN: 2060-AP05 603. NEW SOURCE PERFORMANCE STANDARDS FOR GRAIN ELEVATORS—AMENDMENTS Priority: Substantive, Nonsignificant Legal Authority: 42 USC 7411; Clean Air Act sec 111; 15 USC 2005 CFR Citation: 40 CFR 60.300 (Revision) Legal Deadline: None Abstract: The New Source Performance Standard for Grain Elevators was promulgated in 1978 with the latest amendments made in 1984. Since that time, there have been a number of changes in the technology used for storing and loading/unloading grain at elevators. Definitions in the current regulation do not fit some of the current technologies being used at elevators throughout the country. These definitional issues have come to the forefront most recently due to the increase in ethanol production that has lead to bumper crops of corn being grown, which has led to a need for increased grain storage. For these reasons, a review/change of these definitions is necessary to ensure the appropriate standards are being applied consistently throughout the industry. Timetable: Action Date FR Cite NPRM Final Action 08/00/10 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, E143-03, 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, E143-03, RTF, NC 27711 Phone: 919 541-5335 Fax: 919 541-3470 Email: dunkins.robin@epamail.epa.gov RIN: 2060-AP06 604. 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 NPRM Direct Final Rule NPRM Comment Period End Partial Withdrawl of Direct Final Rule Supplemental NPRM 04/00/10 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-AP17 605. IMPLEMENTATION RULE FOR A RECONSIDERED OZONE NAAQS IN 2010 Priority: Other Significant Unfunded Mandates: Undetermined Legal Authority: 42 USC 7409; 42 USC 7410; 42 USC 7511 to 751lf; 42 USC 7601(a)(l) CFR Citation: 40 CFR 51; 40 CFR 50 Legal Deadline: Other, Statutory, March 25, 2010, Impl. rule final app. signed by admin, on same day as the admin, signs the final decision on 2010 NAAQS, court-ordered of 8/31/10. Abstract: This action would establish rules and policies for implementing the 33 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Clean Air Act Proposed Rule Stage 8-hour ozone national ambient air quality standard (NAAQS) established through a final action reconsidering the 2008 8-hour ozone standard. We expect to take final action on the reconsideration by August 2010 (the "2010 ozone standard"). This implementation rule would addresses the classification system for designated nonattainment areas, anti-backsliding requirements for the 1997 ozone standard, and the implementation requirements under the Clean Air Act, title I, part D, subparts 1 and 2, as they would apply to a final 2010 standard, including requirements for attainment demonstrations, reasonable further progress, reasonably available control technology (RACT), reasonably available control measures (RACM), nonattainment new source review (NSR), emission inventory, and others. In addition, it would address the timing of SIP submissions, compliance periods, and attainment dates, and would address other implementation topics. Timetable: Action Date FR Cite NPRM Final Action 08/00/10 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: Butch Stackhouse, Environmental Protection Agency, Air and Radiation, C539-01, RTF, NC 27711 Phone: 919 541-5208 Fax: 919 541-0824 Email: stackhouse .butch@ep amail. ep a.gov RIN: 2060-AP24 606. 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 will 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 Final Action 08/00/10 04/00/11 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal, Local, State Additional Information: SAN No. 5194.2; Split from RIN 2060-AO96; EPA Docket information: EPA-HQ-OAR- 2007-0956. URL For More Information: Agency Contact: David Painter, Environmental Protection Agency, Air and Radiation, C504-03, RTF, NC 27711 Phone: 919 541-5515 Fax: 919 541-5509 Email: painter.david@epa.gov Raj Rao, Environmental Protection Agency, Air and Radiation, C504-03, RTF, NC 27711 Phone: 919 541-5344 Fax: 919 541-5509 Email: rao.raj@epamail.epa.gov RIN: 2 060- APS 0 607. NSPS EQUIPMENT LEAKS; AMENDMENTS Priority: Other Significant Legal Authority: 42 USC 7401 et seq CFR Citation: 40 CFR 60 Legal Deadline: None Abstract: On November 16, 2007, EPA 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 04/00/10 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@epamail.epa.gov RIN: 2060-AP34 608. IN-USE EMISSIONS TESTING FOR NONROAD DIESEL ENGINES AND AMENDMENTS TO GENERAL COMPLIANCE PROVISIONS FOR NONROAD ENGINES Priority: Substantive, Nonsignificant Unfunded Mandates: Undetermined Legal Authority: Not Yet Determined CFR Citation: Not Yet Determined Legal Deadline: None Abstract: This rulemaking will establish a manufacturer-run, in-use emissions testing program for 2013 and later model year nonroad diesel engines used in non-road equipment. The new program will assess in-use gaseous and particulate exhaust emission rates from nonroad diesel engines using portable emission measurement systems. Manufacturers will monitor compliance with the applicable not-to-exceed emission standards by typically testing in-use diesel engines during normal operation. If potentially non-complying engines are identified, the manufacturer will test more engines for the purpose of determining if any further action is necessary. EPA will likewise evaluate 34 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Clean Air Act Proposed Rule Stage the in-use emissions data to make independent determinations about the possible need to pursue further testing or to initiate remedial actions. The in- use test data will not only be used by EPA to assure that emission standards are being met, but also by manufacturers to improve their engine designs. This program will address a serious, long-standing need for "real- world" in-use testing data to gauge the performance of engine emission controls. Timetable: Action Date FR Cite NPRM Final Action 06/00/10 12/00/10 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, NVFEL, Ann Arbor, MI 48105 Phone: 734 214-4390 Email: wlcox.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 609. NATIONAL EMISSIONS STANDARD FOR HAZARDOUS AIR POLLUTANTS FOR GOLD MINE ORE PROCESSING Priority: Other Significant Legal Authority: CAA sec H2(c)(6) CFR Citation: 40 CFR 63 Legal Deadline: NPRM, Judicial, April 15, 2010. Final, Statutory, 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 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, Research Triangle Park, NC 27711 Phone: 919 541-2837 Fax: 919 541-4991 Email: fruh.steve@epamail.epa.gov RIN: 2060-AP48 610. TRANSPORT RULE (CAIR REPLACEMENT RULE) 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 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 D.C. Circuit issued an opinion finding parts of the CAIR unlawful and vacating the rule. On December 23, the D.C. Circuit issued a decision on the petitions for rehearing of the July 11 decision. The court granted EPA's petition for rehearing to the extent that it remanded the cases without vacatur of 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 would fulfill our obligation to develop a rule consistent with the July 11, 2008, and December 23, 2008, D.C. Court decisions. Timetable: Action Date FR Cite NPRM Final Action 06/00/10 To Be Determined Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Local, State Federalism: Undetermined Additional Information: SAN No. 5336; EPA Docket 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 611. 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: NPRM, Judicial, March 16, 2011. Final, Judicial, November 16, 2011. Abstract: On May 18, 2005 (70 FR 28606) , EPA published a final rule requiring reductions in emissions of mercury 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- 35 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Clean Air Act Proposed Rule Stage 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 (CAA). The Agency will develop standards under CAA section 112(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 03/00/11 11/00/11 Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Federal, Local, State, Tribal 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@epamail.epa.gov Robert] Wayland, Environmental Protection Agency, Air and Radiation, D243-01, RTF, NC 27711 Phone: 919 541-1045 Fax: 919 541-5450 Email: wayland.robertj@epamail.epa.gov RIN: 2060-AP52 612. TRANSPORTATION CONFORMITY RULE RESTRUCTURING AMENDMENTS Priority: Substantive, Nonsignificant Legal Authority: Not Yet Determined CFR Citation: Not Yet Determined Legal Deadline: Other, Statutory, June 11, 2010, New Ozone areas need rule by 6/2010 to make 1st conformity determinat'n by CAA deadline, 1 yr from effective date of designat'ns. 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. Timetable: Timetable: Action Date FR Cite NPRM Final Action 06/00/10 12/00/10 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: 734 214-1476 Email: klavon.patty@epamail.epa.gov Laura Berry, Environmental Protection Agency, Air and Radiation, AASMCG, Ann Arbor, MI 48105 Phone: 734 214-1858 Email: berry.laura@epamail.epa.gov RIN: 2060-APS7 613. • CONTROL OF GREENHOUSE GAS EMISSIONS FROM HEAVY-DUTY VEHICLES 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 202 CFR Citation: Not Yet Determined Legal Deadline: None Abstract: This action would set national emission standards under the Clean Air Act to control greenhouse gas emissions from heavy duty trucks and buses. This rulemaking would significantly reduce GHG emissions from future heavy duty vehicles by setting GHG standards that would lead to the introduction of GHG-reducing vehicle and engine technologies. This action follows the U.S. Supreme Court decision in Massachusetts vs. EPA and would follow EPA's formal determination on endangerment for GHG emissions. This rulemaking also follows the Advance Notice of Proposed Rulemaking "Regulating Greenhouse Gas Emissions Under the Clean Air Act" (73 FR 44354, July 20, 2008). Action Date FR Cite NPRM Final Action 06/00/10 To Be Determined Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal Additional Information: SAN No. 5355. Agency Contact: Byron Bunker, Environmental Protection Agency, Air and Radiation, AAHDOC, Ann Arbor, MI 48105 Phone: 734 214-4155 Email: bunker.byron@epamail.epa.gov Angela Cullen, Environmental Protection Agency, Air and Radiation, AAHDOC, Ann Arbor, MI 48105 Phone: 734 214-4419 Email: cullen.angela@epamail.epa.gov RIN: 2060-AP61 614. 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 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 36 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Clean Air Act Proposed Rule Stage 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 ANPRM Comment Period End ANPRM Comment Period Extended ANPRM Comment Period End NPRM Final Action 10/14/09 74 FR 52723 11/13/09 11/13/09 74 FR 58574 12/14/09 08/00/10 To Be Determined 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: 919 541-4116 Fax: 919 541-3207 Email: schell.bob@epamail.epa.gov RIN: 2060-AP63 615. 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 04/00/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 5359 Agency Contact: Amy Bunker, Environmental Protection Agency, Air and Radiation, AAIO, Ann Arbor, MI 48105 Phone: 734 214-1160 Email: bunker.amy@epamail.epa.gov Laura Baker, Environmental Protection Agency, Air and Radiation, AAPTIG, Ann Arbor, MI 48105 Phone: 734 214-1592 Email: baker.laura@epamail.epa.gov RIN: 2060-AP64 616. ALTERNATIVE WORK PRACTICES FOR LEAK DETECTION AND REPAIR; AMENDMENTS Priority: Other Significant Legal Authority: 42 USC 7401 et seq CFR Citation: 40 CFR 60; 40 CFR 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 05/00/10 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@epamail.epa.gov RIN: 2060-AP66 617. COMPRESSION IGNITION ENGINE NSPS; AMENDMENTS Priority: Substantive, Nonsignificant 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 37 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Clean Air Act Proposed Rule Stage 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] 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 618. PREVENTION OF SIGNIFICANT DETERIORATION (PSD) AND NONATTAINMENT NEW SOURCE REVIEW (NSR): REASONABLE POSSIBILITY IN RECORDKEEPING; RECONSIDERATION Priority: Other Significant Legal Authority: CAA title 1C and ID CFR Citation: 40 CFR 51, app S; 40 CFR 51.165; 40 CFR 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 Final Action 12/00/10 10/00/11 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 5076.1; Split from RIN 2060-AN88; EPA Docket information: EPA-HQ-OAR- 2001-0004. URL For More Information: www.epa.gov/nsr/ Agency Contact: Lisa Sutton, Environmental Protection Agency, Air and Radiation, C504-03, RTF, NC 27711 Phone: 919 541-3450 Fax: 919 541-5509 Email: sutton.lisa@epamail.epa.gov Raj Rao, Environmental Protection Agency, Air and Radiation, C504-03, RTF, NC 27711 Phone: 919 541-5344 Fax: 919 541-5509 Email: rao.raj@epamail.epa.gov RIN: 2060-AP71 619. RECONSIDERATION OF THE PREVENTION OF SIGNIFICANT DETERIORATION AND NONATTAINMENT NEW SOURCE REVIEW NSR: AGGREGATION Priority: Substantive, Nonsignificant Legal Authority: 42 USC 7401 et seq CFR Citation: 40 CFR 51.165; 40 CFR 51.166; 40 CFR 52.21 Legal Deadline: Other, Statutory, May 18, 2010, Final - Stay Extension Rule - Stay ends 05/18/10. Abstract: This action follows RIN 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 January 15, 2009, 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 — Additional Stay Final Action 04/00/1 0 05/00/1 0 11/00/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal, Local, State, Tribal Additional Information: SAN No. 4793.2; Split from RIN 2060-AP49. Split from RIN 2060-AL75; EPA Docket information: EPA-HQ-OAR-2003-0064. URL For More Information: Agency Contact: Dave Svendsgaard, Environmental Protection Agency, Air and Radiation, C504-03, RTF, NC 27711 Phone: 919 541-2380 Fax: 919 541-5509 Email: svendsgaard.dave@epamail.epa.gov Raj Rao, Environmental Protection Agency, Air and Radiation, C504-03, RTF, NC 27711 38 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Clean Air Act Proposed Rule Stage Phone: 919 541-5344 Fax: 919 541-5509 Email: rao.raj@epamail.epa.gov RIN: 2060-AP80 620. CARBON DIOXIDE INJECTION AND GEOLOGIC SEQUESTRATION 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 for CO2 injection, including geologic sequestration (GS) sites. In addition to tracking CO2 emissions across CO2 capture and injection, this proposal will allow EPA to collect data on efficacy of GS sites for long-term storage of CO2. The rule would not require control of greenhouse gases, rather it would require only that sources inject CO2 or sequester CO2 for the purposes of GS to monitor and report emissions. During the development of the GHG Mandatory Reporting Rule, 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. We are now proposing this supplemental rulemaking to specifically address these areas. Timetable: Action Date FR Cite NPRM Final Action 04/00/10 10/00/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Undetermined Additional Information: SAN No. 5386; EPA Docket information: EPA-HQ-OAR- 2009-0926. URL For More Information: http://www.epa.gov/climatechange/ emissions/co2 geosequest.html Agency Contact: Lisa Bacanskas, Environmental Protection Agency, Air and Radiation, 6207J, 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 621. FEDERAL REFERENCE METHOD FOR LEAD IN TOTAL SUSPENDED PARTICULATE MATTER Priority: Substantive, Nonsignificant Legal Authority: 42 USC 7403, 7410, 760l(a), 7611, 7618 CFR Citation: 40 CFR 50 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 0.15g/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 622. 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: Final, Judicial, December 16, 2010. 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 06/00/10 12/00/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: No 39 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Clean Air Act Proposed Rule Stage Government Levels Affected: Local 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 623. 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(j), 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 04/00/10 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 624. PROTECTION OF STRATOSPHERIC OZONE: THE 2011 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: 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 Date FR Cite NPRM Final Action 09/00/10 12/00/10 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. 5394. URL For More Information: 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 RIN: 2060-AP92 625. NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANT EMISSIONS: GROUP I POLYMERS AND RESINS AND MARINE VESSEL LOADING OPERATIONS (RISK AND TECHNOLOGY REVIEW) 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 07/00/10 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 40 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Clean Air Act Proposed Rule Stage Ken Hustvedt, Environmental Protection Agency, Air and Radiation, E143-01, RTF, NC 27711 Phone: 919 541-5395 Fax: 919 685-3200 Email: hustvedt.ken@epamail.epa.gov RIN: 2060-AP95 626. STARTUP, SHUTDOWN, AND MALFUNCTION AMENDMENTS TO PART 63 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, and malfunction exemptions of the part 63 General Provisions. These amendments would revise NESHAP that contain SSM provisions by removing the malfunction exemptions and addressing other SSM-related provisions such as the SSM plan, reporting, recordkeeping, etc. These amendments would not establish standards for SSM. Timetable: Action Date FR Cite NPRM Final Action 12/00/10 To Be Determined Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 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 627. 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 04/00/10 10/00/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 5399; EPA Docket information: EPA-HQ-OAR- 2008-0508. URL For More Information: www.epa.gov/climatechange/emissions/ ghgrulemaking.html Agency Contact: Lisa Hanle, Environmental Protection Agency, Air and Radiation, 6207J, Washington, DC 20460 Phone: 202 343-9434 Email: hanle.lisa@epa.gov Roger Fernandez, Environmental Protection Agency, Air and Radiation, 6207J, Washington, DC 20460 Phone: 202 343-9386 Fax: 202 565-2079 Email: fernandez.roger@epamail.epa.gov Related RIN: Related to 2060-AO79 RIN: 2060-AP99 628. 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 FY 2008 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 04/00/10 10/00/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal Additional Information: SAN No. 5400; EPA Docket information: EPA-HQ-OAR- 2008-0508. URL For More Information: www.epa.gov/climatechange/emissions/ ghgrulemaking.html Agency Contact: Deborah Ottinger, Environmental Protection Agency, Air and Radiation, 6202J, Washington, DC 20460 Phone: 202 343-9149 Email: ottinger.deborah@epamail.epa.gov 41 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Clean Air Act Proposed Rule Stage Kirsten Cappel, Environmental Protection Agency, Air and Radiation, 6207], Washington, DC 20460 Phone: 202 343-9556 Email: cappel.kirsten@epamail.epa.gov Related RIN: Related to 2060-AO79 RIN: 2060-AQOO 629. • REVISIONS TO TEST METHODS AND TESTING REGULATIONS Priority: Substantive, Nonsignificant Legal Authority: 42 USC 7401 to 7601 CFR Citation: 40 CFR 51, 60, 61 and 63 Legal Deadline: None Abstract: This action will make needed corrections and updates to source testing methods and testing provisions in 40 CFR parts 60, 61, and 63. For example, Method 5, which determines particulate matter from stationary sources is being edited to remove silica gel as the prescribed drying agent. Silica gel has been listed as a potential carcinogen and other agents that are safer and more environmentally friendly are being prescribed. In Method 2, which determines stack gas velocity, a misplaced square root sign in one of the equations is being corrected. This is a periodic action that is done every several years to keep the rules up-to-date and ensure compliance testing and monitoring are done correctly. Timetable: Action Date FR Cite NPRM 08/00/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal, Local, State Additional Information: SAN No. 5402. Agency Contact: Foston Curtis, Environmental Protection Agency, Air and Radiation, E143-02, RTF, NC 27711 Phone: 919 541-1063 Fax: 919 541-0516 Email: curtis.foston@epamail.epa.gov Conniesue Oldham, Environmental Protection Agency, Air and Radiation, E143-02, RTF, NC 27711 Phone: 919 541-7774 Fax: 919 541-0516 Email: oldham.conniesue@epamail.epa.gov RIN: 2060-AQOl 630. CORPORATE PARENT AND NAICS CODE IN THE GREENHOUSE GAS MANDATORY REPORTING RULE REQUIREMENTS Priority: Substantive, Nonsignificant 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 carbon dioxide equivalent (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 North American Industry Classification System (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 is seeking public comments on the most efficient way of defining and collecting these elements. EPA is also taking comments on whether or not to have reporters list the existence of a co-generation unit at their facility. Timetable: Action Date FR Cite NPRM Final Action 04/00/10 08/00/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses Government Levels Affected: None Additional Information: SAN No. 5406; EPA Docket information: EPA-HQ-OAR- 2008-0508. URL For More Information: www.epa.gov/climatechange/emissions/ ghgrulemaking.html Agency Contact: Lisa Grogan—McCulloch, Environmental Protection Agency, Air and Radiation, 6207J, Washington, DC 20460 Phone: 202 343-9743 Email: grogan- mcculloch.lisa@epamail.epa.gov Shana Harbour, Environmental Protection Agency, Air and Radiation, 1807T, Washington, DC 20460 Phone: 202 566-2959 Email: harbour.shana@epamail.epa.gov Related RIN: Related to 2060-AO79 RIN: 2060-AQ02 631. • DETERMINATION OF CONFIDENTIAL BUSINESS INFORMATION COLLECTED UNDER THE GHG MANDATORY REPORTING PROGRAM Priority: Other Significant Legal Authority: 42 USC 7401 et seq CFR Citation: 40 CFR 86, 87, 89, 90, 94, and 98 Legal Deadline: None Abstract: On September 22, 2009, the Administrator signed a final rule establishing Greenhouse Gas (GHG) reporting requirements for approximately 10,000 facilities and suppliers in the U.S. Monitoring starts January 1, 2010, and the first reports are due to EPA on March 31, 2011. In anticipation of releasing the data we collect to the public, EPA is launching an effort to proactively determine which data elements we collect are confidential business information, considering the definition of "emissions data" under the Clean Air Act. We will provide the public and reporters an opportunity to comment and then issue our final determination. This process needs to be completed before releasing the data to the public in 2011. Timetable: Action Date FR Cite NPRM Final Action 06/00/10 02/00/11 Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined Additional Information: SAN No. 5242.2; EPA publication information: NPRM- http://edocket.access.gpo.gov/2009/pdf/ 42 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Clean Air Act Proposed Rule Stage E9-5711.pdf; Split from RDM 2060- AO79; EPA Docket information: EPA- HQ-OAR-2008-0508. URL For More Information: 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 Lisa Grogan-McCulloch, Environmental Protection Agency, Air and Radiation, 6207J, Washington, DC 20460 Phone: 202 343-9743 Email: grogan- mcculloch.lisa@epamail.epa.gov RIN: 2060-AQ04 632. • REVISIONS TO IN-USE TESTING FOR HEAVY-DUTY DIESEL ENGINES AND VEHICLES; EMISSIONS MEASUREMENT AND INSTRUMENTATION; NOT-TO-EXCEED EMISSION STANDARDS; AND TECHNICAL AMENDMENTS FOR OFF-HIGHWAY ENGINES Priority: Other Significant Legal Authority: Not Yet Determined CFR Citation: Not Yet Determined Legal Deadline: None Abstract: This Direct Final Rule makes several revisions to EPA's mobile source emission standards and test procedures. First, due to a delay in developing the final particulate matter (PM) accuracy margin for portable emission measurement systems, we are delaying the first year of the fully enforceable PM in-use testing program for the heavy-duty diesel vehicles from the 2009 calendar year to the 2010 calendar year. During the 2009 calendar year, there will be another year of pilot program testing for that pollutant. Second, we are allowing railroads to install a limited number of remanufactured engines that do not comply with the most recent emission standards. Third, we are clarifying the analytical requirements for in-use PM measurement. Fourth, we are making changes to allow partial flow dilution sampling for transient test cycle PM measurement. Fifth, we are clarifying how to account for emission control system regeneration events when calculating not-to-exceed (NTE) results. Sixth, we are making changes to allow the use of fuel rate information derived from the engine control module (ECM) to determine NTE mass emission rate. Seventh, we are specifying a later notification deadline for small-volume manufacturers of marine SI engines that want to qualify for a 2-year delay in the new exhaust emission standards. Eighth, and finally, we are clarifying how our prohibitions apply with respect to handheld small SI engines installed in nonhandheld equipment. Timetable: Action Date FR Cite NPRM Direct Final Action 04/00/10 04/00/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 5407. Agency Contact: Chris Laroo, Environmental Protection Agency, Air and Radiation, NVFEL, Ann Arbor, MI 48105 Phone: 734 214-1937 Email: laroo.chris@epamail.epa.gov Rich Wilcox, Environmental Protection Agency, Air and Radiation, NVFEL, Ann Arbor, MI 48105 Phone: 734 214-1390 Email: wlcox.rich@epamail.epa.gov RIN: 2060-AQ05 633. • AMENDMENTS TO THE PROTOCOL GAS VERIFICATION PROGRAM, AND MINIMUM COMPETENCY REQUIREMENTS FOR AIR EMISSION TESTING Priority: Substantive, Nonsignificant Legal Authority: 42 USC 7601 and 7651, et seq CFR Citation: 40 CFR 72.2 (Revision); 40 CFR 75.4 (Revision); 40 CFR 75.6 (Revision); 40 CFR 75.21 (Revision); 40 CFR 75.22 (Revision); 40 CFR 75.47 (Revision); 40 CFR 75.53 (Revision); 40 CFR 75.57 (Revision); 40 CFR 75.58 (Revision); 40 CFR 75.59 (Revision); 40 CFR 75.62 (Revision); 40 CFR 75.63 (Revision); 40 CFR 75.64 (Revision); 40 CFR 75 Appendix A (Revision); 40 CFR 75 Appendix B (Revision); 40 CFR 75 Appendix E (Revision) Legal Deadline: None Abstract: This rule amends two provisions in 40 CFR part 75 (emission monitoring for cap and trade programs): (1) a Protocol Gas Verification Program (PGVP) to better ensure the accuracy of calibration gases used by affected sources and regulatory agencies; and (2) minimum competency requirements for Air Emission Testing Bodies (AETB) also known as stack test companies, when performing stack testing under 40 CFR part 75. These two provisions were originally published in the FR as a final rule on January 24, 2008, but EPA was sued on both provisions. The amendments are described below. The old PGVP provision was alleged to have violated the Miscellaneous Receipts Act by improperly augmenting EPA's appropriation in arranging for payment of a formerly Agency funded audit program with private funds and a key document was not in the docket. The amended PGVP provision remedies these averred deficiencies by providing for payment to the National Institute of Standards and Technology, which has statutory authority to receive such funds and by ensuring that all relevant material will be placed in the docket. The old AETB provision was alleged to have placed enforceable competency requirements on affected sources that did not have total control over implementing those requirements, and did not provide sufficient time for power plants with in-house stack test teams to comply. The amended AETB provision relies on certain documentation provided at the time of stack testing as sufficient proof of validity of test data that otherwise meets the requirements of part 75 and extends the compliance deadline. Timetable: Action Date FR Cite NPRM Final Action 04/00/10 08/00/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 5409; EPA Docket information: EPA-HQ-OAR- 2009-0837. Agency Contact: John Schakenbach, Environmental Protection Agency, Air and Radiation, 6204J, Washington, DC 20460 Phone: 202 343-9158 Email: schakenbach.john@epamail.epa.gov 43 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Clean Air Act Proposed Rule Stage Ragan Tate, Environmental Protection Agency, Air and Radiation, 2344A, Washington, DC 20460 Phone: 202 564-7382 Email: tate.ragan@epamail.epa.gov RIN: 2060-AQ06 634. • RACT ISSUES FOR IMPLEMENTATION OF THE 1997 PM2.5 AND OZONE NAAQS Priority: Other Significant Unfunded Mandates: Undetermined Legal Authority: Not Yet Determined CFR Citation: Not Yet Determined Legal Deadline: None Abstract: This action will modify policies related to the State requirements for Reasonably Available Control Measures (RACM) and Reasonably Available Control Technology (RACT) for electric generating units and certain other large emission sources in the rules addressing implementation of the 1997 ozone National Ambient Air Quality Standards (NAAQS) and the 1997 fine particulate matter (PM2.5) NAAQS. This action will revise the policies on how States determine whether RACT requirements can be satisfied by regional emissions trading programs such as the NOx Budget Program and the Clean Air Interstate Rule. This action will also respond to a petition to reconsider how economic feasibility is considered in RACT determinations made under the PM2.5 Implementation Rule. Timetable: Action Date FR Cite NPRM 09/00/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Undetermined Additional Information: SAN No. 5411. Agency Contact: William L Johnson, Environmental Protection Agency, Air and Radiation, C539-01, RTF, NC 20460 Phone: 919 541-5245 Fax: 919 541-0824 Email: johnson.williaml@epamail.epa.gov Rich Damberg, Environmental Protection Agency, Air and Radiation, C539-01, RTF, NC 20460 Phone: 919 541-5592 Fax: 919 541-0824 Email: damberg.rich@epamail.epa.gov RIN: 2060-AQ07 635. • ACTION TO ENSURE AUTHORITY OF STATE AND LOCAL AIR PERMIT PROGRAMS TO REGULATE ALL POLLUTANTS ELSEWHERE SUBJECT TO REGULATION UNDER THE CLEAN AIR ACT Priority: Other Significant Unfunded Mandates: Undetermined Legal Authority: Not Yet Determined CFR Citation: Not Yet Determined Legal Deadline: None Abstract: This action proposes to: (1) Identify which regulations are inadequate with respect to the ability of State and local air permitting authorities ("States") to implement their New Source Review (NSR) Prevention of Significant Deterioration (PSD) and title V programs for major stationary sources of all pollutants regulated under the Clean Air Act (CAA), (2) require that States revise their regulations as necessary to correct the inadequacies, and (3) promulgate Federal plans where necessary to ensure coverage of all CAA-regulated pollutants until the corrective State/local regulations have been approved by EPA. All pollutants that are regulated pursuant to the CAA must be addressed in air permits issued by States to implement requirements of the PSD and title V programs. Many States' regulations identify which pollutants are addressed under their programs by including a definition of "regulated NSR pollutant" that is sufficiently broad (similar to the definition at 40 CFR 52.21(b)(50), for example) or by including a definition of "major source" that is sufficiently broad (similar to the definition at 40 CFR 70.2, for example). These definitions are automatically updating, as they need no revision in order to cover pollutants that become subject to regulation under the CAA. However, some States' regulations are inadequate, because, for example, they identify the pollutants addressed under their programs by listing the individual pollutants by name, and the inadequate regulations must be revised before PSD or title V requirements will apply to sources of newly regulated pollutants (such as greenhouse gases). Timetable: Action Date FR Cite NPRM Final Action 08/00/10 01/00/11 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal, Local, State, Tribal Additional Information: SAN No. 5412; EPA Docket information: EPA-HQ-OAR- 2010-0107. URL For More Information: Agency Contact: Lisa Sutton, Environmental Protection Agency, Air and Radiation, C504-03, RTF, NC 27711 Phone: 919 541-3450 Fax: 919 541-5509 Email: sutton.lisa@epamail.epa.gov Raj Rao, Environmental Protection Agency, Air and Radiation, C504-03, RTF, NC 27711 Phone: 919 541-5344 Fax: 919 541-5509 Email: rao.raj@epamail.epa.gov RIN: 2060-AQ08 636. • REVISIONS TO MOTOR VEHICLE FUEL ECONOMY LABEL Priority: Other Significant Unfunded Mandates: Undetermined Legal Authority: Clean Air Act CFR Citation: Not Yet Determined Legal Deadline: None Abstract: EPA is responsible for developing the fuel economy labels that are posted on window stickers of all new light duty cars and trucks sold in the U.S. and, beginning with the 2011 model year, on all new medium-duty passenger vehicles (a category that includes large sport-utility vehicles and passenger vans). In 2006, EPA updated how the city and highway fuel economy values are calculated, to better reflect typical real-world driving patterns and provide more realistic fuel economy estimates. Since then, increasing market penetration of advanced technology vehicles, in particular plug-in hybrid electric vehicles and electric vehicles, will require new metrics to effectively 44 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Clean Air Act Proposed Rule Stage convey information to consumers. This action will amend the way in which fuel economy estimates are calculated and/or displayed. The changes in this action will not impact the Corporate Average Fuel Economy requirements. Timetable: Action Date FR Cite NPRM Final Action 07/00/10 12/00/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 5414. Agency Contact: Lucie Audette, Environmental Protection Agency, Air and Radiation, NVFEL, Ann Arbor, MI 48105 Phone: 734 214-4850 Email: audette.lucie@epamail.epa.gov Chelsea May, Environmental Protection Agency, Air and Radiation, NVFEL, Ann Arbor, MI 48105 Phone: 734 214-4226 Email: may.chelsea@epamail.epa.gov RIN: 2060-AQ09 637. • REVIEW OF NEW SOURCE PERFORMANCE STANDARDS FOR NITRIC ACID PLANTS Priority: Other Significant Unfunded Mandates: Undetermined Legal Authority: Not Yet Determined CFR Citation: Not Yet Determined Legal Deadline: NPRM, Judicial, November 12, 2010. Final, Judicial, November 14, 2011. Abstract: Section lll(b)(l)(B) of the Clean Air act mandates that EPA review and if appropriate revise existing New Source Performance Standards (NSPS) at least every 8 years. This NSPS was initially promulgated in 1971. This NSPS was reviewed in 1979 and 1984. In January 2010, a consent decree was entered into U.S. District Court between EPA and several environmental groups. The decree requires proposed revisions to be made by November 2010 and final revisions to be made by November 2011. Timetable: Action Date FR Cite NPRM Final Action 11/00/10 11/00/11 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 5416. Agency Contact: Bill Neuffer, Environmental Protection Agency, Air and Radiation, D243-02, RTF, NC 27711 Phone: 919 541-5435 Fax: 919 541-3207 Email: neuffer.bill@epamail.epa.gov Tina Ndoh, Environmental Protection Agency, Air and Radiation, D205-02, RTF, NC 27711 Phone: 919 541-2750 Fax: 919 541-5600 Email: ndoh.christina@epamail.epa.gov RIN: 2060-AQlO 638. • 2011 RENEWABLE FUEL VOLUME STANDARDS AS REQUIRED BY ENERGY INDEPENDENCE AND SECURITY ACT OF 2007 (EISA) Priority: Other Significant Unfunded Mandates: Undetermined Legal Authority: Not Yet Determined CFR Citation: Not Yet Determined Legal Deadline: Final, Statutory, November 30, 2009. Abstract: In response to EISA, EPA finalized the RFS2 program regulations. However, under EISA, the Environmental Protection Agency is required to promulgate regulations that specify the annual statutory volume requirements for renewable fuels, including cellulosic biofuel, biomass- based diesel, advanced biofuel, and total renewable fuel that must be used in transportation fuel in each year. In the case of the cellulosic biofuel standard, EISA specifically requires that the standard be set based on the volume projected to be available during the following year. If the volumes are lower than those specified under EISA, then EPA may also lower the advanced biofuel and total renewable fuel standards each year accordingly. This regulatory action, establishes these annual statutory volume requirements for cellulosic, biomass-based diesel, advanced biofuel, and renewable fuels that apply to all gasoline and diesel produced or imported in year 2011. This regulation, thus, sets the final standards for renewable fuels required in year 2011. Entities potentially affected by this final rule are those involved with the production, distribution, and sale of transportation fuels, including gasoline and diesel fuel or renewable fuels such as ethanol and biodiesel. Timetable: Action Date FR Cite NPRM Final Action 07/00/10 11/00/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 5433. Agency Contact: David Korotney, Environmental Protection Agency, Air and Radiation, AAFC, Ann Arbor, MI 48105 Phone: 734 214-4507 Email: korotney.david@epamail.epa.gov Russ Smith, Environmental Protection Agency, Air and Radiation, 6406J, Washington, DC 20460 Phone: 202 343-9996 Fax: 202 343-2800 Email: smith.russ@epa.gov RIN: 2060-AQ16 639. • REGULATION TO PREVENT THE MISFUELING OF VEHICLES AND ENGINES WITH GASOLINE CONTAINING GREATER THAN TEN VOLUME PERCENT ETHANOL AND MODIFICATIONS TO THE REFORMULATED AND CONVENTIONAL GASOLINE PROGRAMS Priority: Other Significant Unfunded Mandates: Undetermined Legal Authority: Not Yet Determined CFR Citation: Not Yet Determined Legal Deadline: None Abstract: This rulemaking does two things. One, it will help prevent the misfueling of vehicles and engines not certified to operate on gasoline containing greater than 10 percent ethanol ("E10+"). We are proposing a rulemaking under the Clean Air Act section 211(c) to control and regulate distribution of fuels and fuel additives that may pose harm to the environment or public health. Vehicles or engines not certified or approved for E10+ may experience increased emissions of criteria pollutants and accelerated 45 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Clean Air Act Proposed Rule Stage deterioration of emission control systems due to higher oxygen content from increased ethanol levels. These emissions increases will have an adverse effect on air quality and public health due to known relationships between regulated pollutants and the formation of ground level ozone. Furthermore, vehicles or engines operating on E10+ may experience operability issues leading to tampering of certified configurations designed to satisfy EPA emissions requirements. Two, this rulemaking modifies the Reformulated Gasoline ("RFC") and Anti-dumping programs (40 CFR part 80) to update the Complex Model allowing fuel manufacturers to certify batches of gasoline containing up to 15 percent ethanol ("E15"). These modifications are required for fuel manufacturers to sell E15. This rulemaking is necessary because of the proliferation of "blenderpumps"—fuel pumps that allow consumers with flex-fuel vehicles to select E10+ blend levels—and the Agency's pending waiver decision under the Clean Air Act section 211(f)(4) which, if granted, would allow the use of E15 ("E15 waiver"). Such a waiver and the current expansion of blender pumps create a need for a label to ensure that consumers do not fuel their vehicles or engines with unapproved fuels. This rule is urgently needed because of the speed that blender pumps are spreading and the possibility of the Agency rendering a decision on the E15 waiver as early as the summer of 2010. Timetable: Action Date FR Cite NPRM Final Action 06/00/10 12/00/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal Additional Information: SAN No. 5438. Agency Contact: Barry Garelick, Environmental Protection Agency, Air and Radiation, 6406J, Washington, DC 20460 Phone: 202 343-9028 Email: garelick.barry@epamail.epa.gov Robert Anderson, Environmental Protection Agency, Air and Radiation, 6405J, Washington, DC 20460 Phone: 202 343-9718 Email: anderson.robert@epamail.epa.gov RIN: 2060-AQ17 640. • METHOD 16C FOR THE DETERMINATION OF TOTAL REDUCED SULFUR EMISSIONS FROM STATIONARY SOURCES Priority: Substantive, Nonsignificant Legal Authority: 42 USC 7401 to 7601 CFR Citation: 40 CFR 51, 60, 61, and 63 Legal Deadline: None Abstract: Method 16C is used to determine total reduced sulfur emissions and is being proposed as an alternative to Methods 16, 16A, and 16B for regulated facilities in kraft pulp mills (subpart BB of 40 CFR 60) and other industries that emit these compounds. Method 16C combines the sample oxidation technology of Method 16A with the instrumental technology of Method 16C to provide a user- friendly, real-time procedure. The Agency has allowed its use in the past on a case-by-case basis and now believes it should be made available for general use. This method is not required under any rule and does not add any new testing requirement to the current regulations. Timetable: Action Date FR Cite NPRM 06/00/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal, Local, State Additional Information: SAN No. 5434. Agency Contact: Foston Curtis, Environmental Protection Agency, Air and Radiation, E143-02, RTF, NC 27711 Phone: 919 541-1063 Fax: 919 541-0516 Email: curtis.foston@epamail.epa.gov Conniesue Oldham, Environmental Protection Agency, Air and Radiation, E143-02, RTF, NC 27711 Phone: 919 541-7774 Fax: 919 541-0516 Email: oldham.conniesue@epamail.epa.gov RIN: 2060-AQ23 641. • NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR MAJOR SOURCE INDUSTRIAL, COMMERCIAL, AND INSTITUTIONAL BOILERS AND PROCESS HEATERS 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: Clean Air Act sec 112 CFR Citation: 40 CFR 63 Legal Deadline: NPRM, Judicial, April 15, 2010. 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). This regulatory action will develop emission standards for boilers and process heaters located at major sources. Section 112(d)(2) requires that emission standards for major sources be based on the maximum achievable control technology (MACT). 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. 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: Federal, Local, State Additional Information: EPA Docket Information: EPA-HQ-OAR-2002-0058. Action split from 2060-AM44. Agency Contact: James Eddinger, Environmental Protection Agency, Air and Radiation, C439-01, Research Triangle Park, NC 27711 Phone: 919 541-5426 Fax: 919 541-5450 Email: eddinger.jim@epa.gov 46 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Clean Air Act Proposed Rule Stage Robert J. Wayland, Environmental Protection Agency, Air and Radiation, C439-01, RTF, NC 27711 Phone: 919 541-1045 Fax: 919 541-5450 Email: wayland.robertj@epamail.epa.gov Related RIN: Related to 2060-AM44 RIN: 2060-AQ25 Environmental Protection Agency (EPA) Clean Air Act Final Rule Stage 642. 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 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 12/00/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 5022; EPA publication information: NPRM - http://www.epa.gov/fedrgstr/ EPA- AIR/2006/June/Day-23/a5620.htm; EPA Docket information: EPA-HQ-OAR- 2006-0318. Agency Contact: Kurt Gustafson, Environmental Protection Agency, Air and Radiation, 6406J, Washington, DC 20460 Phone: 202 343-9219 Fax: 202 343-2800 Email: gustafson.kurt@epa.gov Leila Cook, Environmental Protection Agency, Air and Radiation, AASMCG, Ann Arbor, MI 48105 Phone: 734 214-1820 Email: cook.leila@epa.gov RIN: 2060-AN63 643. AIR QUALITY DESIGNATIONS AND CLASSIFICATIONS FOR THE 2008 OZONE NATIONAL AMBIENT AIR QUALITY STANDARDS Priority: Substantive, Nonsignificant Legal Authority: CAA sec 107(d); CAA sec 172(a); CAA sec 181(a) CFR Citation: 40 CFR 81 Legal Deadline: Final, Statutory, March 12, 2011, The CAA requires EPA to complete designations in 2 years from promulgation of a new or revised NAAQS. Abstract: This action will would establish the air quality designations for all areas of the United States under the revised 2008 ozone NAAQS. Designations of attainment, nonattainment, or unclassifiable are based upon air quality monitoring data and other relevant information pertaining to the air quality in the affected area, including whether an area contributes to a violation of the standard in a nearby area. The schedule and process for designations is contained in CAA section 107. Under the schedule, States and tribes are to submit their designation recommendations no later than 1 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 1 year if EPA has insufficient information. On January 6, 2010, EPA issued a proposal to reconsider the 2008 ozone NAAQS and instead set more protective NAAQS. If EPA promulgates new NAAQS as a result of the reconsideration, the requirement to designate areas for the replaced 2008 NAAQS would no longer apply. Because of the uncertainty created by the reconsideration of the 2008 ozone NAAQS, on January 6, 2010, EPA announced it extended the designations deadline by 1 year, until March 12, 2011. Timetable: Action Date FR Cite Final Action 03/00/11 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, RTF, NC 20460 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-AP37 47 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Clean Air Act Final Rule Stage 644. 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 SO2 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 (NO2) 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 (RDM) 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. Timetable: Timetable: Action Date FR Cite Action Date FR Cite NPRM NPRM Comment Period End Final Action 12/08/09 74 FR 64810 02/08/10 06/00/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal, Local, State, Tribal Additional Information: SAN No. 5163; EPA publication information: NPRM - http ://www. epa.gov/ttn/naaqs/ standards/so2/fr/20091208p64810.pdf; EPA Docket information: EPA-HQ-OAR- 2007-0352. URL For More Information: www.epa.gov/ttn/naaqs/standards/so2/ s so2 index.html Agency Contact: Michael Stewart, Environmental Protection Agency, Air and Radiation, C5 04-06, Research Triangle Park, NC 27711 Phone: 919 541-7524 Fax: 919 541-0237 Email: stewart.michael@epa.gov Karen Martin, Environmental Protection Agency, Air and Radiation, C504-06, Research Triangle Park, NC 27711 Phone: 919 541-5274 Fax: 919 541-0237 Email: martin.karen@epamail.epa.gov RIN: 2060-AO48 645. REVIEW OF NEW SOURCES AND MODIFICATIONS IN INDIAN COUNTRY Priority: Other Significant Legal Authority: 42 USC 7401 et seq CFR Citation: 49 CFR 49.141 to 49.160; 49 CFR 49.166 to 49.173 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. NPRM NPRM Comment Period End Final Action 08/21/06 71 FR 48696 03/20/07 12/00/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal, Tribal Additional Information: SAN No. 3975; EPA publication information: NPRM - http://www.regulations.gov/ search/Regs/home. html idocumentDetail?R= 090000648024964a; EPA Docket information: EPA-HQ-OAR-2003-0076. URL For More Information: http://www.epa.gov/nsr/ 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, C504-03, RTF, NC 27711 Phone: 919 541-5344 Fax: 919 541-5509 Email: rao.raj@epamail.epa.gov RIN: 2060-AH37 646. IMPLEMENTATION OF THE NEW SOURCE REVIEW PROGRAM FOR PARTICULATE MATTER LESS THAN 2.5 MICROMETERS—REPEAL OF GRANDFATHERING PROVISION AND END EARLY THE PM10 SURROGATE POLICY Priority: Other Significant Legal Authority: 42 USC 7410; 42 USC 7501 et seq; 42 USC 7601(a)(l) CFR Citation: 40 CFR 51.166; 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 48 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Clean Air Act Final Rule Stage 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 repeals the grandfathering provision and address the conditions under which the PM10 Surrogate Policy is applicable. Timetable: Action Date FR Cite NPRM NPRM Comment Period End Final Action 02/11/10 75 FR 6827 03/29/10 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; EPA publication information: NPRM - http://wfwfwf.regulations.gov/ search/Regs/ home.htmlidocumentDetail? R=0900006480a91043; Split from RIN A2060. Split from RIN 2060-AN86. Split from RIN 2060-AK74; EPA Docket information: EPA-HQ-OAR-2003-0062. URL For More Information: www.epa.gov/nsr/ Agency Contact: Dan DeRoeck, Environmental Protection Agency, Air and Radiation, C504-03, 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, C504-03, RTF, NC 27711 Phone: 919 541-5344 Fax: 919 541-5509 Email: rao.raj@epamail.epa.gov RIN: 2060-AP75 647. 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 Date FR Cite NPRM NPRM Comment Period End Final Action 02/28/01 66 FR 12780 03/28/01 04/00/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal, State Additional Information: SAN No. 3958; EPA Docket information: EPA-HQ-OAR- 2003-0115. URL For More Information: 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 Fax: 919 541-0516 Email: dewees.jason@epamail.epa.gov Conniesue Oldham, Environmental Protection Agency, Air and Radiation, E143-02, RTF, NC 27711 Phone: 919 541-7774 Fax: 919 541-0516 Email: oldham.conniesue@epamail.epa.gov RIN: 2060-AH23 648. 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. Final, Judicial, June 6, 2010. Abstract: On December 20, 2006, EPA published final amendments to the Portland cement air emissions rule that regulates emissions of toxic air pollutants. This rule covers all facilities that produce Portland cement from raw materials such as limestone. The 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 toxic air pollutants), and a reconsideration of the ban on the use of certain mercury containing fly ash in both new and existing cement 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 also granted a petition to reconsider the existing source emissions limits for mercury and THC, and also our decision not to regulate hydrochloric acid emissions. As part of this reconsideration, EPA has conducted extensive data gathering and analysis, including requirements for emissions testing. Based on our evaluation of the gathered data, on May 6, 2009, EPA proposed numerical emissions limits for mercury, total hydrocarbons, and hydrochloric acid for both new and existing cement kilns In addition, we significantly lowered the cement kiln new and existing source particulate matter standards. Timetable: 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 49 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Clean Air Act Final Rule Stage Action Date FR Cite Timetable: NPRM Comment 07/06/09 Period End NPRM Comment 09/04/09 Period Extended To Final Action 06/00/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses Government Levels Affected: Local, State, Tribal Additional Information: SAN No. 4585.1; EPA publication information: NPRM - http://edocket.access.gpo.gov/ 2009/pdf/E9-10206.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, Research Triangle Park, NC 27711 Phone: 919 541-5605 Fax: 919 541-3207 Email: barnett.keith@epa.gov Steve Fruh, Environmental Protection Agency, Air and Radiation, D243-02, Research Triangle Park, NC 27711 Phone: 919 541-2837 Fax: 919 541-4991 Email: fruh.steve@epamail.epa.gov RIN: 2060-AO15 649. 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. Action Date FR Cite Direct Final Action 01/00/11 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 650. • NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS: AREA SOURCE STANDARDS FOR PAINTS AND ALLIED PRODUCTS MANUFACTURING Priority: Substantive, Nonsignificant Legal Authority: Clean Air Act sec 112 CFR Citation: 40 CFR 63 Legal Deadline: None 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. This action will revise the definition of target HAP-containing material to add, "and greater than 1.0 percent for noncarcinogens." The definition already indicates that target HAP-containing material includes carcinogens present in amounts greater than 0.1 percent. The level for noncarcinogens was inadvertently omitted from the rule. Inclusion of 1.0 percent and 0.1 percent levels for noncarcinogens and carcinogens, respectively, is consistent with the TRI and OSHA Hazard Communications levels and other recent area source rules. Timetable: Action Date FR Cite Final Action 06/00/10 Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 5016.2; EPA publication information: NPRM - http://www.epa.gov/fedrgstr/ EPA-AIR/2009/June/Day-01/al2563.pdf; Split from RIN 2060-AN47; 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, C304-05, Research Triangle Park, NC 27711 Phone: 919 541-5428 Fax: 919 541-0242 Email: edwards.chebryll@epa.gov RIN: 2060-AQ14 651. 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. Timetable: Action Date FR Cite NPRM NPRM Comment Period End Final Action 01/08/08 73 FR 1402 03/10/08 04/00/10 Regulatory Flexibility Analysis Required: No Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal, Local, State, Tribal Additional Information: SAN No. 4070; EPA publication information: NPRM - http://www.regulations.gov/ search/Regs/ home.htmlidocumentDetail? R=09000064803970f4; EPA Docket information: EPA-HQ-OAR-2006-0669. URL For More Information: 50 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Clean Air Act Final Rule Stage wfwfwf.epa.gov/oar/genconform/regs.htm Agency Contact: H. Lynn Bail, Environmental Protection Agency, Air and Radiation, C539-01, RTF, NC 27711 Phone: 919 541-2363 Fax: 919 541-0824 Email: dail.lynn@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 652. COMPONENT DURABILITY PROCEDURES FOR NEW LIGHT DUTY VEHICLES, LIGHT DUTY TRUCKS AND HEAVY DUTY VEHICLES Priority: Substantive, Nonsignificant Legal Authority: 42 USC 7521 CFR Citation: 40 CFR 86 Legal Deadline: None Abstract: On October 22, 2002, the United States Court of Appeals for the District of Columbia Circuit vacated durability provisions that automotive manufacturers used to demonstrate that the emissions of their vehicles would comply with emission standards for the useful lives of those vehicles. The Court also required EPA to issue new regulations. This action fulfills the mandate. The new durability regulations will include options that a manufacturer may choose from to age pre-production vehicles to determine the rate of emission deterioration over the vehicle's useful life. The options will include a prescribed fixed driving cycle and a prescribed bench aging cycle that are used to age prototype vehicles or emission control components to the equivalent of the useful life period of the vehicle in a manner that replicates the aging that the vehicle or components would see in actual use. This rule does not change the federal emission standards or the test procedures used to quantify emissions. Although there is no court- ordered deadline, this is a court- ordered action. Timetable: Action Date FR Cite Supplemental 2 NPRM Comment Period End Final Action 02/16/06 01/00/11 Action Date FR Cite Supplemental 2 NPRM 01/17/06 71 FR2843 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, AAPTIG, Ann Arbor, MI 48105 Phone: 734 214-1450 Email: good.david@epamail.epa.gov RIN: 2060-AN01 653. CONTROL OF EMISSIONS FROM NEW MARINE COMPRESSION-IGNITION ENGINES AT OR ABOVE 30 LITERS PER CYLINDER Priority: Other Significant Legal Authority: 42 USC 7547; 42 USC 7545 CFR Citation: 40 CFR 1042; 40 CFR 1065; 40 CFR 94; 40 CFR 80 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 p articulate 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, 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. 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 04/00/10 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. 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 51 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Clean Air Act Final Rule Stage Michael Samulski, Environmental Protection Agency, Air and Radiation, OAR/OTAQ/ASD, Ann Arbor, MI 48105 Phone: 734 214-4532 Fax: 734 214-4816 Email: samulski.michael@epa.gov RIN: 2060-AO38 654. PROTECTION OF STRATOSPHERIC OZONE: LISTING OF SUBSTITUTES FOR OZONE-DEPLETING SUBSTANCES: N-PROPYL BROMIDE 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 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 Date FR Cite NPRM1 NPRM 1 Comment Period End NPRM Correction NPRM 2—Adhesives NPRM 2—Adhesives Comment Period End Final Action 06/03/03 68 FR 33283 08/04/03 10/02/03 68 FR 56809 05/30/07 72 FR 30168 07/30/07 09/00/10 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: wf\vwf.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 Melissa Fiffer, Environmental Protection Agency, Air and Radiation, 6205J, Washington, DC 20460 Phone: 202 343-9464 Fax: 202 343-2342 Email: fiffer.melissa@epamail.epa.gov RIN: 2060-AK26 655. 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 substitute addressed in this proposal, R-152a. This final action pertains to R-744. Timetable: Action Date FR Cite NPRM NPRM Comment Period End Final Rule Notice of Data Availability Final Action 09/21/06 71 FR55140 10/23/06 06/12/08 73 FR 33304 09/17/09 74 FR 47774 11/00/10 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. 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: www.epa.gov/ozone/snap/refrigerants/ lists/mvacs.html Agency Contact: Yaidi Cancel, Environmental Protection Agency, Air and Radiation, 6205J, Washington, DC 20460 Phone: 202 343-9512 Fax: 202 343-2338 Email: cancel.yaidi@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-AM54 656. 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 52 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Clean Air Act Final Rule Stage 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 NPRM NPRM Comment Period End NPRM Comment Period Reopened NPRM Comment Period End NPRM Comment Period Reopened NPRM Comment Period End Final Action Date 10/19/09 12/18/09 12/28/09 02/01/10 02/09/1 0 02/24/1 0 10/00/10 FR Cite 74 FR 53445 74 FR 68558 75 FR 6338 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 publication information: NPRM - http://edocket.access.gpo.gov/ 2009/pdf/E9-25106.pdf; EPA Docket information: EPA-HQ-OAR-2008-0664. URL For More Information: wfwrwf.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 Yaidi Cancel, Environmental Protection Agency, Air and Radiation, 6205J, Washington, DC 20460 Phone: 202 343-9512 Fax: 202 343-2338 Email: cancel.yaidi@epa.gov RIN: 2060-APll 657. 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. EPA is promulgating these methods to make them more widely available and acceptable for use by asphalt paving producers in meeting various environmental regulations. Timetable: Action Date FR Cite Direct Final Action 06/00/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 5146; EPA Docket information: EPA-HQ-OAR- 2008-0622. Agency Contact: Gary McAlister, Environmental Protection Agency, Air and Radiation, E143-02, RTF, NC 27711 Phone: 919 541-1062 Fax: 919 541-1039 Email: mcalister.gary@epamail.epa.gov Candace Sorrell, Environmental Protection Agency, Air and Radiation, E143-02, RTF, NC 27711 Phone: 919 541-1064 Fax: 919 541-0516 Email: sorrell.candace@epa.gov RIN: 2060-AO51 658. NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS: APPENDIX A—TEST METHODS 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 05/00/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 5156; EPA publication information: NPRM - http://www.epa.gov/fedrgstr/ EPA- AIR/2004/December/ Day- 22/a27985.htm; EPA Docket information: EPA-HQ-OAR-2004-0080. Agency Contact: Gary McAlister, Environmental Protection Agency, Air and Radiation, E143-02, RTF, NC 27711 Phone: 919 541-1062 Fax: 919 541-1039 Email: mcalister.gary@epamail.epa.gov Robin Segall, Environmental Protection Agency, Air and Radiation, EW143-02, Research Triangle Park, NC 27711 Phone: 919 541-0893 Fax: 919 541-0516 53 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Clean Air Act Final Rule Stage Email: segall.robin@epamail.epa.gov RIN: 2060-AO53 659. REVIEW OF NEW SOURCE PERFORMANCE STANDARDS- PORTLAND CEMENT 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 111 CFR Citation: 40 CFR 60 subpart F Legal Deadline: NPRM, Judicial, May 31, 2008, Court ordered deadline. Final, Judicial, June 6, 2010, Court ordered deadline, 60-day extension granted. Abstract: New Source Performance Standards (NSPS) regulate criteria pollutants, such as particulate matter, sulfur dioxide, and nitrogen oxides 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 agreed to review the NSPS and to promulgate final changes by October 30, 2009. Since that time, the plaintiff agreed to a promulgation schedule for the NSPS of June 6, 2010, which is the same date we will finalize the Portland cement manufacturing air emissions standards for air toxics emissions. Timetable: Action Date FR Cite 06/16/08 73 FR 34072 08/13/08 73 FR 47119 08/15/08 NPRM NPRM Comment Period Extended NPRM Comment Period End NPRM Comment 09/30/08 Period Extended To Final Action 06/00/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses Government Levels Affected: Federal, Local, State, 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, Research Triangle Park, NC 27711 Phone: 919 541-5605 Fax: 919 541-3207 Email: barnett.keith@epa.gov Steve Fruh, Environmental Protection Agency, Air and Radiation, D243-02, Research Triangle Park, NC 27711 Phone: 919 541-2837 Fax: 919 541-4991 Email: fruh.steve@epamail.epa.gov RIN: 2060-AO42 660. 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 291 02 07/09/07 03/00/1 1 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: 734 214-4288 Email: pugliese.holly@epa.gov RIN: 2060-AN68 661. 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; 42 USC 760l(a)(l) 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 09/21/07 72 FR 54112 Notice of Extension of 11/20/07 72 FR 65282 Comments NPRM Comment 01/08/08 Period End Final Action 06/00/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal, Local, State, Tribal 54 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Clean Air Act Final Rule Stage Additional Information: SAN No. 5068; EPA publication information: NPRM - http://www.regulations.gov/search/ Regs/home. html idocumentDetail? R=090000648029651b; EPA Docket information: EPA-HQ-OAR-2006-0605. URL For More Information: Action Date FR Cite Agency Contact: Dan DeRoeck, Environmental Protection Agency, Air and Radiation, C504-03, 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, C504-03, RTF, NC 27711 Phone: 919 541-5344 Fax: 919 541-5509 Email: rao.raj@epamail.epa.gov RIN: 2060-AO24 662. 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 PM 2.5 with condensable emissions. Method 201a is amended to add procedures and equipment specifications for use of 2.5 micron size cut cyclone, which may be used in conjunction with the current 10 micron size cut cyclone 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 includes condensable emissions is required. These amendments improve the accuracy and precision of current version of Method 202. Timetable: NPRM Comment Period End Final Action 05/26/09 05/00/10 Action Date FR Cite NPRM 03/25/09 74 FR 12969 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Local, State Additional Information: SAN No. 5147; EPA publication information: NPRM - http://edocket.access.gpo.gov/ 2009/pdf/E9-6178.pdf; EPA Docket information: EPA-HQ-QAR-2008-0348. Agency Contact: Candace Sorrell, Environmental Protection Agency, Air and Radiation, E143-02, RTF, NC 27711 Phone: 919 541-1064 Fax: 919 541-0516 Email: sorrell.candace@epa.gov Conniesue Oldham, Environmental Protection Agency, Air and Radiation, E143-02, RTF, NC 27711 Phone: 919 541-7774 Fax: 919 541-0516 Email: oldham.conniesue@epamail.epa.gov RIN: 2060-AO58 663. REGULATION OF FUELS AND FUEL ADDITIVES: ALTERNATIVE AFFIRMATIVE DEFENSE REQUIREMENTS FOR ULTRA-LOW SULFUR DIESEL AND GASOLINE BENZENE TECHNICAL AMENDMENT Priority: Other Significant 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. Timetable: Action Date FR Cite Direct Final Action 04/00/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None 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 664. IMPLEMENTATION OF THE 1997 8-HR OZONE NAAQS: CLASSIFICATION OF SUBPART 1 AREAS AND REVISION TO ANTI-BACKSLIDING PROVISIONS; DELETION OF OBSOLETE 1-HR 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 51; 40 CFR 50; 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 remove the portions of the regulatory text vacated by the Court, specifically: (1) 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. 55 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Clean Air Act Final Rule Stage 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 09/00/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Local, State Additional Information: SAN No. 5194; EPA publication information: NPRM - http://www.regulations.gov/search /Regs/home.htmlidocumentDetail? R=09000064808228fl; EPA Docket information: EPA-HQ-OAR-2007-0956. Agency Contact: H. Lynn Bail, Environmental Protection Agency, Air and Radiation, C539-01, RTF, NC 27711 Phone: 919 541-2363 Fax: 919 541-0824 Email: dail.lynn@epa.gov RIN: 2060-AO96 665. 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 8-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 666. NESHAP: GASOLINE DISTRIBUTION; AMENDMENTS- AREA SOURCE STANDARD Priority: Substantive, Nonsignificant Legal Authority: 42 USC 7401 et. seq CFR Citation: 40 CFR 63 Legal Deadline: None Abstract: On January 10, 2008, 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. On December 15, 2009, we proposed amendments to address the issues raised by the petitioners as well as compliance-related questions raised by other stakeholders. This action is to consider public comments on the proposed amendments, and develop and issue final amendments. Timetable: Action NPRM NPRM Comment Period End Final Action Date FR Cite 12/15/09 74 FR 66470 02/1 6/1 0 12/00/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 5260; EPA Docket information: EPA-HQ-OAR- 2006-0406. Agency Contact: Steve Shedd, Environmental Protection Agency, Air and Radiation, 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@epamail.epa.gov RIN: 2060-AP16 56 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Clean Air Act Final Rule Stage 667. 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 NPRM Comment Period End Final Action 06/16/09 74 FR 28451 07/16/09 04/00/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses 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 668. 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: Action Date FR Cite NPRM NPRM Comment Period End Final Action 05/15/09 74 FR 23024 06/15/09 04/00/10 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 669. 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: This action may affect the private sector under PL 104- 4. Legal Authority: Clean Air Act sec 202(a) CFR Citation: 40 CFR 86 and 600 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 the National Highway Traffic Safety Administration (NHTSA). This joint rulemaking effort was announced by President Obama on May 19, 2009. EPA and NHTSA published a joint Notice of Proposed Rulemaking in the Federal Register on September 28, 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. The joint final rule is expected to be signed by EPA and NHTSA by March 31, 2010. EPA's final action follows EPA's final findings, published December 15, 2009, 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. Timetable: Action Date FR Cite NPRM NPRM Comment Period End Final Action 09/28/09 74 FR 49453 11/27/09 04/00/10 57 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Clean Air Act Final Rule Stage Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 5344; EPA publication information: NPRM - http://edocket.access.gpo.gov/ 2009/pdf/E9-22516.pdf; Related to RDM 2127—AK90; EPA Docket information: EPA-HQ-OAR-2009-0472. Agency Contact: Robin Moran, Environmental Protection Agency, Air and Radiation, ASD, Ann Arbor, MI 48105 Phone: 734 214-4781 Fax: 734 214-4816 Email: moran.robin@epamail.epa.gov Chris Lieske, Environmental Protection Agency, Air and Radiation, ASD, Ann Arbor, MI 48105 Phone: 734 214-4584 Fax: 734 214-4816 Email: lieske.christopher@epamail.epa.gov Related RIN: Related to 2127-AK50 RIN: 2060-AP58 670. PROTECTION OF STRATOSPHERIC OZONE: ALLOCATION OF ESSENTIAL USE ALLOWANCES FOR CALENDAR YEAR 2010 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 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 NPRM NPRM Comment Period End Final Action 12/11/09 74 FR 65719 01/11/10 04/00/10 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. 5345; EPA publication information: NPRM - http://www.gpo.gov/fdsys/pkg/ FR- 2009-12-11/pdf/ E9-29556.pdf; EPA Docket information: EPA-HQ-OAR -2009-0566. URL For More Information: www.epa.gov/ozone/title6/exemptions/ essential.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 Ross Brennan, Environmental Protection Agency, Air and Radiation, 6205J, Washington, DC 20460 Phone: 202 343-9226 Email: brennan.ross@epamail.epa.gov RIN: 2060-APS9 671. 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. Timetable: Action NPRM NPRM Comment Period End Final Action Date FR Cite 11/23/09 74 FR 61 078 12/23/09 04/00/1 0 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 publication information: NPRM - http://edocket.access.gpo.gov/ 2009/pdf/E9-27822.pdf; EPA Docket information: EPA-HQ-OAR-2009-0351. URL For More Information: wfwfwf.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 672. REVISION TO PB AMBIENT AIR MONITORING REQUIREMENTS Priority: Other Significant Legal Authority: 42 USC 7403, 7410, 7601(a), 7611, and 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 (Pb) and associated monitoring requirements. The finalized monitoring requirements require State and local 58 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Clean Air Act Final Rule Stage monitoring agencies to conduct Pb monitoring near Pb sources emitting 1 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 tpy emission threshold from the Missouri Coalition for the Environment Foundation, Natural Resources Defense Council, the Coalition to End Childhood Poisoning, and Physicians for Social Responsibility requesting EPA reconsider the 1 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. A proposed revision was published on December 30, 2009, in which the EPA proposed to lower the emission threshold to 0.50 tpy, and to require Pb monitoring at the approximately 80 NCore sites instead of monitoring Pb in CBSA's with a population greater than 500,000. The EPA also requested comments on an emission threshold greater than 0.50 tpy, alternative approaches for monitoring Pb near airports, and on staggering the monitoring deployment over 2 years. Timetable: Action NPRM NPRM Comment Period End Final Action Date FR Cite 12/30/09 74 FR 69050 02/1 6/1 0 11/00/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal, Local, State Additional Information: SAN No. 5370; EPA publication information: NPRM - http://www.regulations.gov/search /Regs/home.htmlidocumentDetail? R=0900006480a74184; EPA Docket information: EPA-HQ-OAR-2006-0735. URL For More Information: www.epa.gov/air/lead 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 Lews Weinstock, Environmental Protection Agency, Air and Radiation, C304-06, RTF, NC 27711 Phone: 919 541-3661 Fax: 919 541-1903 Email: wfeinstock.lewfis@epamail.epa.gov RIN: 2060-AP77 673. 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. 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: Email: jones.rhea@epa.gov RIN: 2060-AP78 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 674. PREVENTION OF SIGNIFICANT DETERIORATION/TITLE V GREENHOUSE GAS TAILORING RULE Priority: Other Significant Legal Authority: Clean Air Act title I CFR Citation: 40 CFR 51, 52, 70, and 71 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. Timetable: Action NPRM NPRM Comment Period End Final Action Date FR Cite 10/27/09 74 FR 55292 11/27/09 05/00/1 0 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal, Local, State, Tribal 59 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Clean Air Act Final Rule Stage Additional Information: SAN No. 5192; EPA publication information: NPRM - http://www.regulations.gov/search /Regs/home.htmlidocumentDetail? R=0900006480a4c6ba; EPA Docket information: EPA-HQ-OAR-2009-0517. URL For More Information: wrwrwf.epa.gov/nsr Agency Contact: Joseph Mangino, Environmental Protection Agency, Air and Radiation, C504-03, Research Triangle Park, 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 675. RECONSIDERATION OF THE 2008 OZONE NATIONAL AMBIENT AIR QUALITY STANDARDS Priority: Economically Significant. Major under 5 USC 801. Legal Authority: 42 USC 7409 CFR Citation: Not Yet Determined Legal Deadline: None 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 March 27, 2008 (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 July 25, 2008, 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 December 23, 2008. On March 10, 2009, 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 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 September 16, 2009. 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 December 15, 2009, with the final rule to be signed by August 31, 2010. 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. Timetable: Action NPRM NPRM Comment Period End Final Action Date 01/19/10 03/22/10 09/00/10 FR Cite 75 FR 2938 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal, Local, State, Tribal Additional Information: SAN No. 5405; EPA publication information: NPRM - http://www.regulations.gov/search/ Regs/home.htmlidocumentDetail? R=0900006480a7f618; Related to RIN 2060-AN24; EPA Docket information: EPA-HQ-OAR-2 005 -017 2. URL For More Information: www.epa.gov/air/criteria.html Agency Contact: Dave Mckee, Environmental Protection Agency, Air and Radiation, C5 04-06, Research Triangle Park, NC 27711 Phone: 919 541-5288 Fax: 919 541-0237 Email: mckee.dave@epamail.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@epamail.epa.gov Related RIN: Related to 2060-AN24 RIN: 2060-AP98 676. REGULATION TO ESTABLISH MANDATORY REPORTING OF GHGS FROM INDUSTRIAL LANDFILLS, WASTEWATER, UNDERGROUND COAL MINES, AND MAGNESIUM PRODUCTION Priority: Other Significant Legal Authority: 42 USC 7401 et seq CFR Citation: 40 CFR 98 Legal Deadline: None Abstract: On October 30, 2009, EPA finalized a rule establishing GHG reporting requirements for approximately 10,000 facilities and suppliers in the U.S. (74 FR 56260). There were a few source categories originally included in the proposed rule (74 FR 16448) that were not included in the final rule promulgated in October 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 Wastewater, 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 06/00/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses Government Levels Affected: None Additional Information: SAN No. 5242.1; EPA publication information: NPRM - http://edocket.access.gpo.gov/ 2009/pdf/E9-5711.pdf; Split from RIN 2060-AO79; EPA Docket information: EPA-HQ-OAR-2008-0508. URL For More Information: www.epa.gov/climatechange/emissions/ ghgrulemaking.html Agency Contact: Rachel Schmeltz, Environmental Protection Agency, Air and Radiation, 6207J, Washington, DC 20460 Phone: 202 343-9124 Email: schmeltz.rachel@epa.gov Carole Cook, Environmental Protection Agency, Air and Radiation, 6207J, Washington, DC 20460 60 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Clean Air Act Final Rule Stage Phone: 202 343-9334 Email: cook.carole@epamail.epa.gov Related RIN: Related to 2060-AO79 RIN: 2060-AQ03 677. • NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR RECIPROCATING INTERNAL COMBUSTION ENGINES- EXISTING STATIONARY SPARK IGNITION (GAS-FIRED) Priority: Economically Significant. Major under 5 USC 801. Legal Authority: 42 USC 7412(d) CFR Citation: 40 CFR 63 Legal Deadline: Final, Judicial, August 10, 2010, Consent decree for NESHAP for existing engines <500 HP at major source and existing all HP at area source. Abstract: The action will establish NESHAP for existing stationary spark ignition (gas-fired) RICE that are either located at area sources of HAP or are 500 HP or less and located at major sources of HAP. 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. Timetable: Action Date FR Cite Final Action 09/00/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses Government Levels Affected: None Additional Information: SAN No. 5300.1; EPA publication information: NPRM - http://edocket.access.gpo.gov/ 2009/pdf/E9-4595.pdf; Split from RIN 2060-AP36; 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, RTF, NC 27711 Phone: 919 541-1045 Fax: 919 541-5450 Email: wayland.robertj@epamail.epa.gov RIN: 2060-AQ13 678. • MINOR HARMONIZING CHANGES TO GENERAL PROVISIONS OF THE GHG MANDATORY REPORTING RULE Priority: Substantive, Nonsignificant Legal Authority: 42 USC 7401 et seq CFR Citation: 40 CFR 98 Legal Deadline: None Abstract: This action would make minor harmonizing changes to the general provisions for the greenhouse gas reporting rule (40 CFR part 98, subpart A) to accommodate the addition of source categories not included in the 2009 final rule. This includes subparts proposed in April 2009 but not finalized in 2009, and any new subparts that may be proposed in the future. The rule would update 40 CFR 98.2(a) on rule applicability and 40 CFR 98.3 regarding the reporting schedule to accommodate any additional subparts and the schedule for their reporting obligations (e.g., source categories finalized in 2010 would not begin reporting until 2011 and reporting in 2012). Timetable: Action Date FR Cite Direct Final Action 04/00/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses Government Levels Affected: None Additional Information: SAN No. 5437; EPA Docket information: EPA-HQ-OAR- 2008-0508. URL For More Information: www.epa.gov/climatechange/emissions/ ghgrulemaking.html Agency Contact: Suzanne Kocchi, Environmental Protection Agency, Air and Radiation, 6207J, Washington, DC 20460 Phone: 202 343-9387 Email: kocchi.suzanne@epamail.epa.gov Lisa Hanle, Environmental Protection Agency, Air and Radiation, 6207J, Washington, DC 20460 Phone: 202 343-9434 Email: hanle.lisa@epa.gov RIN: 2060-AQ15 679. • TECHNICAL AMENDMENTS FOR MARINE SPARK-IGNITION ENGINES AND VESSELS Priority: Info./Admin./Other Legal Authority: Not Yet Determined CFR Citation: Not Yet Determined Legal Deadline: None Abstract: In the final rulemaking for new exhaust and evaporative emissions standards for nonroad spark-ignition engines, vessels, and equipment (73 FR 59034, Oct. 8, 2008), EPA established first-ever evaporative emissions standards for marine vessels. For one small subset of marine fuel tanks (portable tanks), further evaluation of the design standard for diurnal emissions has raised a concern that fuel spillage may occur under certain circumstances. We have engaged the industry to identify a simple, safe, and emissions-neutral solution to this issue. The purpose of this action is to make technical amendments to the design standard for portable tanks that will allow for this solution. In addition, we also intend to incorporate safe recommended practices, developed through industry consensus, for portable marine fuel tanks. Timetable: Action Date FR Cite Direct Final Action 11/00/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 5446; Related to RIN 2060—AM34. Agency Contact: Michael Samulski, Environmental Protection Agency, Air and Radiation, OAR/OTAQ/ASD, Ann Arbor, MI 48105 Phone: 734 214-4532 Fax: 734 214-4816 Email: samulski.michael@epa.gov Glenn Passavant, Environmental Protection Agency, Air and Radiation, USEPA, Ann Arbor, MI 48105 Phone: 734 214-4408 Email: passavant.glenn@epamail.epa.gov RIN: 2060-AQ18 61 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Clean Air Act Final Rule Stage 680. • IMPLEMENTATION OF THE NEW SOURCE REVIEW PROGRAM FOR PARTICULATE MATTER (PM) LESS THAN 2.5 MICROMETERS ENDING OF NSR TRANSITION PERIOD FOR CONDENSABLE PM Priority: Substantive, Nonsignificant Legal Authority: Clean Air Act, 42 USC 7401 et seq CFR Citation: 40 CFR 51 app M Legal Deadline: None Abstract: EPA is revising its major New Source Review (NSR) regulations to replace the originally announced date for ending the NSR transition period for condensable particulate matter (CPM) with an earlier closing date. The final action under this requested new action will respond to comments and announce that we are revising the NSR rules to enact a new date to shorten the NSR transition period. Our intent is to issue a separate Federal Register notice to announce this final rule apart from the final rule for test methods, but in the same Federal Register. In its May 16, 2008, final rule for PM2.5 NSR implementation, EPA announced the commencement of a transition period for purposes of NSR ("NSR transition period") permitting during which time we would not require the condensable fraction for particulate matter to be considered for applicability or compliance purposes under the major NSR program. The NSR transition period was scheduled to remain in effect from July 15, 2008, until January 1, 2011, or an earlier date depending on EPA's final action to revise the test methods for measuring stack concentrations of CPM. Timetable: Action NPRM NPRM Comment Period End Final Action Date FR Cite 03/25/09 74 FR 12969 05/26/09 05/00/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal, Local, State, Tribal Additional Information: SAN No. 5147.1; EPA publication information: NPRM- http://www.regulations.gov/search /Regs/home. htmlidocumentDetail? R=090000648092dcb5; Split from RIN 2060-AO58; EPA Docket information: EPA-HQ-QAR-2008-0348. URL For More Information: Agency Contact: Dan Deroeck, Environmental Protection Agency, Air and Radiation, C504-03, RTF, NC 27711 Phone: 919 541-5593 Fax: 919 685-3009 Email: deroeck.dan@epamail.epa.gov Raj Rao, Environmental Protection Agency, Air and Radiation, C504-03, RTF, NC 27711 Phone: 919 541-5344 Fax: 919 541-5509 Email: rao.raj@epamail.epa.gov RIN: 2060-AQ21 Environmental Protection Agency (EPA) Clean Air Act Long-Term Actions 681. • STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES AND EMISSIONS GUIDELINES FOR EXISTING SOURCES: HOSPITAL/MEDICAL/INFECTIOUS WASTE INCINERATORS; AMENDMENTS Priority: Substantive, Nonsignificant Unfunded Mandates: Undetermined Legal Authority: Not Yet Determined CFR Citation: Not Yet Determined Legal Deadline: None Abstract: On October 6, 2009, EPA promulgated its response to the remand of the new source performance standards and emissions guidelines for hospital/medical/infectious waste incinerators by the U.S. Court of Appeals for the District of Columbia Circuit and satisfied the Clean Air Act section 129(a)(5) requirement to conduct a review of the standards every 5 years. This action proposes to amend the new source performance standards emissions limits for nitrogen oxides (NOX) and sulfur dioxide (SO2) promulgated for large hospital/medical/infectious waste incinerators in order to correct inadvertent drafting errors we made setting forth those limits, which did not correspond to our description of our standard-setting process. Timetable: Action Date FR Cite NPRM To Be Determined Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: State Additional Information: SAN No. 5436. 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-AQ24 682. 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, The court has approved the amendments to the consent decree incorporating the revised dates. 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 62 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Clean Air Act Long-Term Actions 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. Timetable: Action Date FR Cite NPRM Final Action 07/00/11 03/00/12 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: Bryan Hubbell, Environmental Protection Agency, Air and Radiation, C504-02, Research Triangle Park, NC 27711 Phone: 919 541-0621 Fax: 919 541-0804 Email: hubbell.bryan@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 683. REVIEW OF THE NATIONAL AMBIENT AIR QUALITY STANDARDS FOR OZONE Priority: Economically Significant. Major under 5 USC 801. Legal Authority: 42 USC 7408; 42 USC 7409 CFR Citation: 40 CFR 50 Legal Deadline: 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 05/00/13 03/00/14 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal, Local, State, Tribal Additional Information: SAN No. 5306; EPA Docket information: EPA-HQ-OAR- 2008-0699. URL For More Information: wf\vwr.epa.gov/air/ozone Agency Contact: Dave Mckee, Environmental Protection Agency, Air and Radiation, C504-06, Research Triangle Park, NC 27711 Phone: 919 541-5288 Fax: 919 541-0237 Email: mckee.dave@epamail.epa.gov Karen Martin, Environmental Protection Agency, Air and Radiation, C5 04-06, Research Triangle Park, NC 27711 Phone: 919 541-5274 Fax: 919 541-0237 Email: martin.karen@epamail.epa.gov RIN: 2060-AP38 684. 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. 63 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Clean Air Act Long-Term Actions Timetable: Action Date FR Cite NPRM NPRM Comment Period End Final Action 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 685. NESHAP: GENERAL PROVISIONS; AMENDMENTS FOR POLLUTION PREVENTION ALTERNATIVE COMPLIANCE REQUIREMENTS Priority: Other Significant Legal Authority: 42 USC 7412 CFR Citation: 40 CFR 63.2; 40 CFR 63.17; 40 CFR 63.18 Legal Deadline: None Abstract: These amendments to the Part 63 General Provisions would allow facilities that are subject to maximum achievable control technology (MACT) to discontinue those requirements if, through pollution prevention measures, they achieve and can demonstrate continued hazardous air pollutant (HAP) emission reductions equivalent to or better than the MACT level of control. The amendments would also allow a source to avoid MACT by completely eliminating HAP emissions. Timetable: Action Date FR Cite NPRM NPRM Comment Period End Final Action 05/15/03 68 FR 26249 07/14/03 11/00/11 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 686. 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 four subcategories of stationary gas-fired turbines in April 2004. Simultaneously, the Agency proposed a stay of the effectiveness of the combustion turbine maximum achievable control technology (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 Integrated Risk Information System (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 04/07/04 69 FR 18338 05/24/04 06/07/04 08/18/04 69 FR 51184 11/00/12 Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Local, State Federalism: Undetermined Additional Information: SAN No. 4751; EPA publication information: NPRM- STAY - http://www.epa.gov/fedrgstr/ EPA-AIR/2 004/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, RTF, NC 27711 Phone: 919 541-1045 Fax: 919 541-5450 Email: wayland.robertj@epamail.epa.gov RIN: 2060-AK73 64 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Clean Air Act Long-Term Actions 687. 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 To Be Determined Notice of Complete Petition Proposed Response 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, Research Triangle Park, 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 688. 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 07/19/04 69 FR 42954 To Be Determined Notice Proposed Response Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 4849; EPA publication information: Notice - http ://a2 5 7 ,g. akamai tech.net/7/ 257/2422/06jun20041800/ edocket.access.gpo.gov/2004/04- 16335.htm. Agency Contact: Ken Hustvedt, Environmental Protection Agency, Air and Radiation, E143-01, RTF, NC 27711 Phone: 919 541-5395 Fax: 919 685-3200 Email: hustvedt.ken@epamail.epa.gov RIN: 2060-AM20 689. NATIONAL VOC EMISSION STANDARDS FOR CONSUMER PRODUCTS; AMENDMENTS Priority: Substantive, Nonsignificant Legal Authority: 42 USC 75llb CFR Citation: 40 CFR 59 Legal Deadline: None Abstract: 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 06/00/1 1 09/00/1 1 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, E143-01, RTF, NC 27711 65 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Clean Air Act Long-Term Actions Phone: 919 541-5460 Fax: 919 541-0246 Email: moore.bruce@epamail.epa.gov Robin Dunkins, Environmental Protection Agency, Air and Radiation, E143-03, RTF, NC 27711 Phone: 919 541-5335 Fax: 919 541-3470 Email: dunkins.robin@epamail.epa.gov RIN: 2060-AI62 690. MODIFICATION OF THE ANTI-DUMPING BASELINE DATE CUT-OFF LIMIT FOR DATA USED IN DEVELOPMENT OF AN INDIVIDUAL BASELINE Priority: Substantive, Nonsignificant Legal Authority: 42 USC 7414; 42 USC 7521(1); 42 USC 7545; 42 USC 760l(a) CFR Citation: 40 CFR 80.91(b)(l)(i); 40 CFR 80.93(a) Legal Deadline: None Abstract: "Dumping" refers to the practice whereby refiners making clean fuels for certain markets (such as reformulated gasoline for clean-air purposes) take the pollutants removed from the clean fuels and "dump" them into other fuels they are producing for other markets. This, if allowed, would make those other fuels even dirtier than before, and so the Clean Air Act prohibits this practice. EPA has existing "anti-dumping" rules on the books that codify this Clean Air Act prohibition. This regulation is a minor technical amendment to those existing regulations. Timetable: Action Date FR Cite Direct Final Action 08/00/11 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 691. 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 rule would define what qualifies as an emergency use. 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 Email: brennan.ross@epamail.epa.gov RIN: 2060-AL94 692. 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 693. PROTECTION OF STRATOSPHERIC OZONE: MODIFICATIONS TO THE TECHNICIAN CERTIFICATION REQUIREMENTS UNDER SECTION 608 OF THE CLEAN AIR ACT Priority: Other Significant Legal Authority: 42 USC 7414; 42 USC 7601; 42 USC 7671 to 7671q CFR Citation: 40 CFR 82 Legal Deadline: None Abstract: This rule would amend appendix D to subpart F of 40 CFR part 82—Standards for Becoming a Certifying Program for Technicians. The Refrigerant Recycling Regulations governing standards for certifying programs for technicians were promulgated under section 608 of the Clean Air Act Amendments of 1990 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 66 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Clean Air Act Long-Term Actions 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: Timetable: Action Date FR Cite NPRM To Be Determined Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: None Additional Information: SAN No. 4901. URL For More Information: 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: 202 565-2155 Email: banks.julius@epamail.epa.gov RIN: 2060-AM55 694. PROTECTION OF STRATOSPHERIC OZONE: LABELING OF PRODUCTS USING HCFCS Priority: Other Significant Legal Authority: 42 USC 7601; 42 USC 7671] 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. Action Date FR Cite NPRM To Be Determined Regulatory Flexibility Analysis Required: Undetermined 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. 5151. URL For More Information: 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 695. ACCIDENTAL RELEASE PREVENTION REQUIREMENTS: RISK MANAGEMENT PROGRAMS UNDER THE CLEAN AIR ACT; AVAILABILITY OF INFORMATION TO THE PUBLIC; TECHNICAL AMENDMENT Priority: Info./Admin./Other Legal Authority: 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 696. NSPS: SOCMI—WASTEWATER AND AMENDMENTS 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 67 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Clean Air Act Long-Term Actions 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 NPRM (NSPS) Supplemental NPRM 1 Supplemental NPRM 1 Comment Period End Supplemental NPRM 2 Supplemental NPRM 2 Comment Period End NPRM Amendment NPRM Amendment Comment Period End Supplemental NPRM Final Action 09/12/94 59 FR 46780 10/11/95 60 FR 52889 11/13/95 12/09/98 63 FR 67988 02/08/99 06/30/04 69 FR 39383 08/30/04 08/00/14 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 Fax: 919 685-3200 Email: hustvedt.ken@epa.gov RIN: 2060-AE94 697. 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 Action 11/00/11 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 698. 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 68 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Clean Air Act Long-Term Actions 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. Several commenters questioned the costs associated with the proposed rule and at least one commenter asked for a performance-based rule. The Agency is considering the comments received on the proposed rule and currently intends to issue a supplemental proposal to solicit additional public input. Timetable: Action Date FR Cite 10/09/08 73 FR 59956 12/03/08 73 FR 73629 NPRM NPRM Comment Period Extended NPRM Comment 12/08/08 Period End NPRM Comment 02/05/09 Period Extended To Supplemental NPRM 12/00/11 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/a2 2674.htm; Based on comments, we expect to begin working on the reproposal next year; 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: p arker.barrett@ep amail. ep a. 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-AJ86 699. ANTI-DUMPING BASELINE RECALCULATION FOR DOWNSTREAM OXYGENATE ADDITION Priority: Substantive, Nonsignificant Legal Authority: 42 USC 7414; 42 USC 7545; 42 USC 760l(a) CFR Citation: 40 CFR 80.91 Legal Deadline: None Abstract: This rule would allow a refiner who added oxygenate after sampling and just before shipment to exclude that oxygenate from its anti- dumping baseline determination. This exclusion of oxygenate is already allowed for a refinery's gasoline to which oxygenate was added outside of the refinery gate. This rule will have limited application, and could provide relief to small refiners. Timetable: Action Date FR Cite Direct Final Action 09/00/11 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 700. 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: Undetermined Additional Information: SAN No. 4797. Agency Contact: Tim Smith, Environmental Protection Agency, Air and Radiation, C539-04, RTF, NC 27711 Phone: 919 541-4718 69 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Clean Air Act Long-Term Actions 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 701. NSPS FOR MUNICIPAL SOLID WASTE LANDFILLS 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, 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 Acheivable Control Technology. Timetable: Action NPRM NPRM Comment Period End Supplemental NPRM Final Action Date 09/08/06 11/07/06 To Be To Be FR Cite 71 FR 53272 Determined Determined 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 Ken Hustvedt, Environmental Protection Agency, Air and Radiation, E143-01, RTF, NC 27711 Phone: 919 541-5395 Fax: 919 685-3200 Email: hustvedt.ken@epamail.epa.gov Related RIN: Previously reported as 2060-AH13, Previously reported as 2060-AJ41 RIN: 2060-AMOS 702. 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 01/03/07 72FR69 03/05/07 72 FR 9718 03/05/07 NPRM NPRM; Extension of Comment Period NPRM Comment Period End NPRM Comment 05/04/07 Period Extended To Final Action To Be Determined Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal, Local, State, Tribal Additional Information: SAN No. 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 703. 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, Research Triangle Park, NC 27711 Phone: 919 541-2837 Fax: 919 541-4991 Email: fruh.steve@epamail.epa.gov RIN: 2060-AM87 704. NESHAP: SITE REMEDIATION AMENDMENTS—RESPONSE TO LITIGATION Priority: Substantive, Nonsignificant Legal Authority: 42 USC 7412 CFR Citation: 40 CFR 63 subpart GGGGG 70 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Clean Air Act Long-Term Actions 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. Timetable: with representatives from industry, environmental groups, and state and local agencies. Timetable: Action Date FR Cite NPRM To Be Determined Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 4866.1; Split from RIN 2060-AM30; EPA Docket information: EPA-HQ-OAR- 2002-0021. Agency Contact: Greg Nizich, Environmental Protection Agency, Air and Radiation, E143-01, RTF, NC 27711 Phone: 919 541-3078 Email: nizich.greg@epa.gov Kent Hustvedt, Environmental Protection Agency, Air and Radiation, E143-01, RTF, NC 27711 Phone: 919 541-5395 Fax: 919 685-3200 Email: hustvedt.ken@epa.gov RIN: 2060-AN36 705. 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, Action Date FR Cite NPRM Final Action To Be Determined To Be Determined Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal, Local, State, Tribal Additional Information: SAN No. 5079. URL For More Information: wr\vwf.epa.gov/nsr 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.j ennifer@ep amail. ep a. gov Juan Santiago, Environmental Protection Agency, Air and Radiation, C504-03, Research Triangle Park, NC 27711 Phone: 919 541-1084 Fax: 919 541-5509 Email: santiago.juan@epa.gov RIN: 2060-AN93 706. 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: 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@epamail.epa.gov RIN: 2060-AO07 707. PETROLEUM REFINERY RESIDUAL RISK STANDARDS 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 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. The final rule was signed on January 16, 2009, but was 71 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Clean Air Act Long-Term Actions not published in the Federal Register. On October 28, 2009, EPA proposed to withdraw the residual risk and technology portions of the final rule, in order to gather better emissions information from the refining industry. On the same day, EPA finalized amendments to the rule that implements requirements for heat exchange systems under CAA section Timetable: Action Date FR Cite 09/04/07 72 FR 50716 11/05/07 11/10/08 73 FR 66694 12/10/08 10/28/09 74 FR 55505 10/28/09 74 FR 55670 11/27/09 To Be Determined NPRM NPRM Comment Period End Supplemental NPRM Supplemental NPRM Comment Period End NPRM—Partial Withdrawal Final Action—Heat Exchangers NPRM—Partial Withdrawal Comment Period End Final Action—Partial Withdrawal Regulatory Flexibility Analysis Required: Undetermined 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/al7009.pdf Agency Contact: Bob Lucas, Environmental Protection Agency, Air and Radiation, E143-01, RTF, NC 27709 Phone: 919 541-0884 Fax: 919 541-0246 Email: lucas.bob@epamail.epa.gov Ken Hustvedt, Environmental Protection Agency, Air and Radiation, E143-01, RTF, NC 27711 Phone: 919 541-5395 Fax: 919 685-3200 Email: hustvedt.ken@epamail.epa.gov RIN: 2060-AO55 708. PLYWOOD AND COMPOSITE WOOD PRODUCTS (PCWP) NESHAP— PROPOSED AND FINAL AMENDMENTS TO ADDRESS "NO EMISSION REDUCTION" MACT FLOORS Priority: Other Significant. Major status under 5 USC 801 is undetermined. Legal Authority: 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. To meet these regulatory obligations in the face of changing industry practices (e.g., resin reformulation) whose emissions profiles and industry (e.g., MACT floor) impacts have not yet been determined, EPA intends to do the following: 1. Develop an industry-wide survey for distribution late-2010 that focuses on the remand units, PCWP residual risk and technology review, resin reformulations and other process changes. 2. Identify technologies, emission limits, and/or work practices. 3. Assess risk / conduct technology review. 4. Assess impacts and costs. 5. Determine options and regulatory course of action (anticipated timing is for a proposal in late 2011 and final in 2012). Timetable: Action Date FR Cite NPRM 08/00/11 Regulatory Flexibility Analysis Required: Undetermined Small Entities Affected: Businesses Government Levels Affected: None Additional Information: SAN No. 5185. Agency Contact: Elizabeth Palma, Environmental Protection Agency, Air and Radiation, E143-03, RTF, NC 27711 Phone: 919 541-5432 Fax: 919 541-3470 Email: palma.elizabeth@epa.gov Robin Dunkins, Environmental Protection Agency, Air and Radiation, E143-03, RTF, NC 27711 Phone: 919 541-5335 Fax: 919 541-3470 Email: dunkins.robin@epamail.epa.gov RIN: 2060-AO66 709. 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: www.epa.gov/ozone/snap Agency Contact: Yaidi Cancel, Environmental Protection Agency, Air and Radiation, 6205J, Washington, DC 20460 Phone: 202 343-9512 Fax: 202 343-2338 Email: cancel.yaidi@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-AO75 710. RISK AND TECHNOLOGY REVIEW—PHARMACEUTICAL PRODUCTION AND PRINTING AND PUBLISHING—BIN 1 Priority: Other Significant Legal Authority: CAA sec H2(f)(2); CAA sec 112(d)(6) CFR Citation: Not Yet Determined 72 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Clean Air Act Long-Term Actions Legal Deadline: None Abstract: This action was proposed as Risk and Technology Review (RTR) Group 2A. The action is now RTR Binl and includes only two of the original nine source categories. Bin 1 is comprised of National Emission Standards for Pharmaceuticals Production (statutory requirement 09/21/2006); and National Emission Standards for the Printing and Publishing Industry (statutory requirement 05/30/2004). 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 Supplemental NPRM 10/10/08 73 FR 60432 10/24/08 73 FR 63420 11/24/08 To Be Determined Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 5093.2; EPA publication information: NPRM - http://www.epa.gov/fedrgstr/ EPA-AIR/2008/ October/Day - 10/a23373.pdf; Split from RDM 2060- AN85; EPA Docket information: EPA- HQ-OAR-2008-0008. Agency Contact: Mary Kissell, Environmental Protection Agency, Air and Radiation, E143-01, 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@epamail.epa.gov RIN: 2060-AO91 711. NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR CHROMIUM ELECTROPLATING, CHROMIUM ANODIZING, AND STEEL PICKLING RESIDUAL RISK AND TECHNOLOGY REVIEW 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) for two MACT—Chromium Electroplating MACT and Steel Pickling MACT. It will address both EPA's obligation under Clean Air Act (CAA) section 112(f)(2) and 112(d)(6) to conduct a residual risk review and to conduct a technology review. The associated North American Industry Classification System (NAICS) codes are listed below. Manufacturing - electroplating and anodizing facilities, 332813. 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 RDM 2060-AN85. 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, Research Triangle Park, NC 27711 Phone: 919 541-2837 Fax: 919 541-4991 Email: fruh.steve@epamail.epa.gov RIN: 2060-AO92 712. 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 18 MACT standards with MACT compliance dates of 2003 and earlier. Timetable: Action Date FR Cite Notice of Data To Be Determined Availability 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@epamail.epa.gov RIN: 2060-AO97 713. PREVENTION OF AIR POLLUTION EMERGENCY EPISODES Priority: Other Significant Legal Authority: Not Yet Determined CFR Citation: 40 CFR 51 Legal Deadline: None Abstract: This proposal will revise subpart H of 40 CFR part 51, which establishes the requirements for that portion of State implementation plans 73 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Clean Air Act Long-Term Actions to address air pollution emergency episodes. The proposal includes the following: (1) revisions to the emergency episode requirements to simplify the emergency episode classification system for air quality control regions for all NAAQS pollutants; (2) criteria for establishing those areas that need to develop emergency episode plans to address PM2.5; and (3) revisions to Appendix L (an example State emergency episode regulation) to include example regulations to address PM2.5. Timetable: Timetable: Action Date FR Cite Action Date FR Cite NPRM Final Action To Be To Be Determined Determined Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal, Local, State, Tribal Additional Information: SAN No. 5216; EPA Docket information: EPA-HQ-OAR- 2007-1046. Agency Contact: Dave Sanders, Environmental Protection Agency, Air and Radiation, C539-01, RTF, NC 27711 Phone: 919 541-3356 Fax: 919 541-0824 Email: sanders.dave@epamail.epa.gov RIN: 2060-APOO 714. REMAND 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. In November 2009, EPA was granted a remand of this rule. 10/20/08 73 FR 62384 12/03/08 73 FR 73631 NPRM NPRM Comment Period Extended NPRM Comment 12/04/08 Period End NPRM Comment 02/04/09 Period Extended To Reproposal To Be Determined Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses Government Levels Affected: Federal, State, Tribal 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, E143-03, RTF, NC 27711 Phone: 919 541-5335 Fax: 919 541-3470 Email: dunkins.robin@epamail.epa.gov RIN: 2060-AP07 715. 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, RTF, NC 20460 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 716. 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. 74 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Clean Air Act Long-Term Actions Timetable: Action Date FR Cite NPRM To Be Determined Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: 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@epamail.epa.gov RIN: 2060-AP25 717. RESPONSE TO 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 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 1 718. RESPONSE TO PETITION FROM DELAWARE Priority: Info./Admin./Other Unfunded Mandates: Undetermined Legal Authority: Not Yet Determined CFR Citation: Not Yet Determined Legal Deadline: None 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 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: 919 541-1718 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-AP60 719. 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 make revisions to the rule for implementing the 1997 8-hour ozone National Ambient Air Quality Standards (NAAQS) that addresses how the Clean Air Act section 185 penalty fee provisions apply under the anti- backsliding provisions of the implementation rule will be addressed through individual SIP FR notices. 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. 5194.3; EPA publication information: NPRM - http://www.epa.gov/fedrgstr/ EPA-AIR/2 009/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 720. 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 75 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Clean Air Act Long-Term Actions 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, sanitaryware, 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 Final Action To Be Determined 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, D243-02, RTF, NC 27711 Phone: 919 541-5427 Fax: 919 541-5600 Email: telander.jeff@epamail.epa.gov Steve Fruh, Environmental Protection Agency, Air and Radiation, D243-02, Research Triangle Park, NC 27711 Phone: 919 541-2837 Fax: 919 541-4991 Email: fruh.steve@epamail.epa.gov RIN: 2060-AP69 721. OIL AND NATURAL GAS ACTIVITIES—REVIEW OF NEW SOURCE PERFORMANCE STANDARDS, NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS, AND CONTROL TECHNIQUES GUIDELINES Priority: Other Significant Unfunded Mandates: Undetermined Legal Authority: CAA sec ill CFR Citation: Not Yet Determined Legal Deadline: NPRM, Judicial, January 31, 2011, Consent Decree entered 02/04/2010. Final, Judicial, November 30, 2011, Consent Decree entered 02/04/2010. Abstract: New Source Performance Standards (NSPS) regulate criteria pollutants from new stationary sources. Two NSPS (subparts KKK and LLL) for the oil and natural gas industry were promulgated in 1985. Section 111 of the Clean Air Act (CAA) 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. National Emission Standards for Hazardous Air Pollutants (NESHAP) regulate hazardous air pollutants (HAP) from new and existing stationary sources. Two NESHAP (subparts HH and HHH) for the oil and natural gas industry were promulgated in 1999. Section 112 of the CAA requires that NESHAP be reviewed every 8 years and revised as appropriate. In addition, section 112(f) requires that each category regulated under section 112(d) be reviewed to ensure that such regulations provide for an ample margin of safety to protect public health (i.e. address "residual risk" for each category). This action will include the required reviews under sections 111 and 112. Timetable: Action Date FR Cite NPRM Final Action To Be Determined To Be Determined Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: None Additional Information: SAN No. 5369. Agency Contact: Bruce Moore, Environmental Protection Agency, Air and Radiation, E143-01, RTF, NC 27711 Phone: 919 541-5460 Fax: 919 541-0246 Email: moore.bruce@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@epamail.epa.gov RIN: 2060-AP76 722. NESHAP STANDARD STANDARDS FOR PETROLEUM REFINERIES—HEAT EXCHANGERS Priority: Substantive, Nonsignificant 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 "as necessary (taking into account developments in practices, processes and control technologies)" no less frequently than every 8 years. EPA also must evaluate the Maximum Achievable Control Technology (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. 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 sections 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 heat exchanger standard, including developing control 76 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Clean Air Act Long-Term Actions options to address technology review under both 112 and 111; addressing the control of VOC, HAP, and other pollutants, as appropriate; and 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: No Small Entities Affected: No 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 RDM 2060- AP70. Split from RIN 2060-AO55. Split from RIN 2060-AN85; EPA Docket information: EPA-HQ-OAR-2003—0146. Agency Contact: Bob Lucas, Environmental Protection Agency, Air and Radiation, E143-01, RTF, NC 27709 Phone: 919 541-0884 Fax: 919 541-0246 Email: lucas.bob@epamail.epa.gov Ken Hustvedt, Environmental Protection Agency, Air and Radiation, E143-01, RTF, NC 27711 Phone: 919 541-5395 Fax: 919 685-3200 Email: hustvedt.ken@epamail.epa.gov RIN: 2060-AP84 723. REVISION OF NEW SOURCE PERFORMANCE STANDARDS FOR NEW RESIDENTIAL WOOD HEATERS Priority: Other Significant Unfunded Mandates: Undetermined Legal Authority: CAA sec ill CFR Citation: 40 CFR 60 Legal Deadline: None Abstract: EPA is revising the New Source Performance Standards (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: Timetable: Action Date FR Cite NPRM Final Action 04/00/11 04/00/12 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@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@epa.gov RIN: 2060-AP93 724. 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" (RDM 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. Action Date FR Cite NPRM 04/00/11 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, RTF, NC 27711 Phone: 919 541-5460 Fax: 919 541-0072 Email: moore.bruce@epamail.epa.gov Robin Dunkins, Environmental Protection Agency, Air and Radiation, E143-03, RTF, NC 27711 Phone: 919 541-5335 Fax: 919 541-3470 Email: dunkins.robin@epamail.epa.gov RIN: 2060-AP94 725. NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR ELEMENTAL PHOSPHOROUS PRODUCTION Priority: Substantive, Nonsignificant Legal Authority: Clean Air Act sec 112 CFR Citation: 40 CFR 63 Legal Deadline: None Abstract: Well-established procedures for determining MACT will be followed in this project, and no new or novel issues are being raised by this rulemaking. We are engaged with Agency and other stakeholders, and will continue to develop this MACT standard with their involvement. Elemental Phosphorus Production was not listed as one of the categories on the Source Category list 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. We plan to list this source category at proposal. Elemental phosphorous production includes mining, sizing and calcining phosphate ore, and then blending it with silica and coke before melting in a furnace under reduced conditions. Elemental phosphorous gases are evolved from the furnace and captured, then condensed in a cooling process and transferred into tanks and cylinders 77 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Clean Air Act Long-Term Actions under pressure. Slag (waste) is tapped from the bottom of the furnace and discarded. The production processes emit p articulate matter (PM); toxic metals including radionuclides, selenium and mercury (Hg); and hydrogen cyanide (HCN). All of the elemental phosphorous in the U.S. is produced at one (Monsanto) 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. There are no small business issues with this project. The facility presents Environmental Justice concerns. The facility is located within the hunting, fishing, and gathering grounds of three Indian tribes on the Fort Hall Indian Reservation, and shares the watershed and major rivers with the tribes. Timetable: Action Date FR Cite NPRM Final Action 05/00/11 To Be Determined Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 5390. Agency Contact: Susan Fairchild, Environmental Protection Agency, Air and Radiation, D243-02, Research Triangle Park, 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, Research Triangle Park, NC 27711 Phone: 919 541-2837 Fax: 919 541-4991 Email: fruh.steve@epamail.epa.gov RIN: 2060-AP97 726. • RISK AND TECHNOLOGY REVIEW FOR FERROALLOYS PRODUCTION Priority: Substantive, Nonsignificant Legal Authority: 42 USC 7401 et seq CFR Citation: 40 CFR 63 Legal Deadline: NPRM, Statutory, October 31, 2011. Final, Statutory, June 30, 2012. 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 the 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 two review activities into the "risk and technology" (RTR) reviews for the Ferroalloys Production source category. This source category was originally part of the Group 3 previously listed in RIN 2060-AO97. A ferroalloy is an alloy of iron and one or more other elements, such as nickel, chromium, manganese, and/or silicon. Silicon metal is also typically considered a ferroalloy product. In addition, calcium carbide production uses virtually the same equipment and processes as ferroalloys, and was included in the Ferroalloys New Source Performance Standards (NSPS), as well as the National Emission Standards for Hazardous Air Pollutants (NESHAP) for ferroalloy area sources. Ferroalloy products are consumed primarily in iron and steel making, where they are used to produce steel and cast iron products with enhanced or special properties. Ferroalloys production consists of charging a submerged electric arc furnace (EAF) with raw materials, smelting the ores, and tapping or pouring the molten product. Raw material and product handling (e.g., crushing and screening operations) also occur as part of the ferroalloy production process. The emission source types at ferroalloys production facilities include open EAF, semi-closed EAF, tapping operations, metal oxygen refining (MOR) processes, crushing and screening operations, ladle treatment, casting, and fugitive dust sources. The specific hazardous air pollutants (HAP) that are emitted, and the quantity of these emissions, are related to the amount of HAP compounds present in the raw materials used. Metallic HAP expected to be emitted by the furnaces include chromium, nickel, manganese, lead, antimony, cadmium, arsenic, mercury, and selenium. Emissions of phosphorus and polycyclic organic matter (POM), such as polycyclic aromatic hydrocarbon (PAH), are also expected, but in relatively small quantities. In most cases, HAP exist only in trace amounts in raw materials (such as coal or scrap metal) and, therefore, emissions generally are relatively low. However, manganese is a constituent in some of the final products such as ferromanganese and silicomanganese and is present in large quantities in the raw materials. Therefore, emissions of manganese can be significant. Additionally, compounds such as chlorine and fluorides are present in coal, which is used as a raw material in EAF, and, thus, hydrochloric acid (HC1) and hydrogen fluoride (HF) emissions can be significant. Timetable: Action Date FR Cite ANPRM NPRM To Be Determined To Be Determined Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal, State Additional Information: SAN No. 5417. 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 Sharon Nizich, Environmental Protection Agency, Air and Radiation, D243-02, RTF, NC 277110 Phone: 919 541-2825 Email: nizich.sharon@epa.gov RIN: 2060-AQll 727. • RESIDUAL RISK AND TECHNOLOGY REVIEW AMENDMENTS TO THE PHOSPHORIC ACID AND PHOSPHATE FERTILIZER PRODUCTION NESHAPS Priority: Other Significant Unfunded Mandates: Undetermined Legal Authority: Clean Air Act sec 112 CFR Citation: Not Yet Determined Legal Deadline: NPRM, Judicial, March 15, 2011. Final, Judicial, December 15, 2011. 78 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Clean Air Act Long-Term Actions Abstract: Phosphate rock is the primary raw material for phosphoric acid, which in turn is the raw material for phosphate fertilizer. These two rules are grouped together because their production processes are usually located at the same facility. Part 63 NESHAPs for phosphoric acid and phosphate fertilizer (subparts AA and BB, respectively) were promulgated in June 1999. Facilities subject to these rules were required to be in compliance by June 2002. The Clean Air Act requires EPA to address the risk remaining to the public (i.e., a 'risk review') within 8 years after promulgation of the MACT standards. We must also conduct a technology review of the source categories within 8 years to determine whether new technology exists to reduce emissions of hazardous air pollutants (HAP) below the levels established by the MACT standards. For purposes of expediency, these two reviews are combined together and called a risk and technology review, or RTR. The amendments will address both risk reduction and technology advancement for the phosphoric acid and phosphate fertilizer source categories. Timetable: Action Date FR Cite NPRM Final Action To Be Determined To Be Determined Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal, Local, State Additional Information: SAN No. 5435. Agency Contact: Susan Fairchild, Environmental Protection Agency, Air and Radiation, D243-02, Research Triangle Park, 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, Research Triangle Park, NC 27711 Phone: 919 541-2837 Fax: 919 541-4991 Email: fruh.steve@epamail.epa.gov RIN: 2060-AQ20 Environmental Protection Agency (EPA) Clean Air Act Completed Actions 728. 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 NPRM NPRM Comment Period End Notice NPRM 2 NPRM 2 Comment Period End Final Action Date FR Cite 09/08/99 64 FR 48725 10/08/99 01/26/00 65 FR 4244 09/12/06 71 FR 53639 11/06/06 03/05/10 75 FR 101 74 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Tribal Additional Information: SAN No. 4315; EPA publication information: NPRM 2 - http://www.epa.gov/fedrgstr/ EPA- AIR/2006/ September/Day- 12/al5086.htm; Formerly listed as RIN 2060-AI79; EPA Docket information: epa-r09-oar-2006-0185. Agency Contact: Sarvy Mahdavi, Environmental Protection Agency, Regional Office San Francisco, AIR2, Washington, DC 20460 Phone: 415 972-3173 Fax: 415 947-3537 Email: mahdavi.sarvy@epa.gov Colleen McKaughan, Environmental Protection Agency, Regional Office San Francisco, AIRl, Washington, DC 20460 Phone: 520 498-0118 Fax:520 498-1333 Email: mckaughan.colleen@epamail.epa.gov RIN: 2009-AAOO 729. 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: Due to considerations of competing priorities and demands for resources, the Agency has decided not to pursue this project. Timetable: Action Date FR Cite ANPRM ANPRM Comment Period End Withdrawn 05/16/97 62 FR 27158 08/14/97 02/24/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 3919. Agency Contact: Darrel Harmon, Environmental Protection Agency, Air and Radiation, 6101A, Washington, DC 20460 Phone: 202 564-7416 Fax: 202 501-1153 Email: harmon.darrel@epamail.epa.gov RIN: 2060-AH01 730. 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 79 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Clean Air Act Completed Actions 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, 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 NO2 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. On January 22, 2010, a final rule was signed by the Administrator. This final rule establishes a new, short-term (1- hour) standard with a level of 100 parts per billion and revises the NO2 monitoring network to include monitors near major roadways. Timetable: Action Date FR Cite NPRM NPRM Comment Period End Final Action 07/15/09 74 FR 34403 09/14/09 02/09/10 75 FR 6473 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal, Local, State, 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: 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@epamail.epa.gov RIN: 2060-AO19 731. 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; 42 USC 7601(a)(l) CFR Citation: 40 CFR 51.166; 40 CFR 52.21 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 Final Action; Grant of 06/01/09 74 FR 26098 Reconsideration and Stay of Regulation NPRM 07/23/09 74 FR 36427 NPRM Comment 08/24/09 Period End Final Action 09/22/09 74 FR 48153 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: Final Action; Split from RIN 2060- AN86. Split from RIN 2060-AK74; EPA Docket information: EPA-HQ-OAR- 2003-0062. URL For More Information: wf\vwr.epa.gov/nsr Agency Contact: Dan Deroeck, Environmental Protection Agency, Air and Radiation, C504-03, RTF, NC 27711 Phone: 919 541-5593 Fax: 919 685-3009 Email: deroeck.dan@epamail.epa.gov Raj Rao, Environmental Protection Agency, Air and Radiation, C504-03, RTF, NC 27711 Phone: 919 541-5344 Fax: 919 541-5509 Email: rao.raj@epamail.epa.gov RIN: 2060-AP65 80 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Clean Air Act Completed Actions 732. 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 NPRM NPRM Comment Period End Final Action Date FR Cite 08/05/09 74 FR 3901 3 09/04/09 12/30/09 74 FR 69 194 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 Fax: 919 541-0242 Email: Johnson.warren@epa.gov Chebryll Edwards, Environmental Protection Agency, Air and Radiation, C304-05, Research Triangle Park, NC 27711 Phone: 919 541-5428 Fax: 919 541-0242 Email: edwards.chebryll@epa.gov RIN: 2060-AN46 733. NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS: AREA SOURCE STANDARDS FOR PAINTS AND ALLIED PRODUCTS MANUFACTURING—TECHNICAL AMENDMENTS Priority: Info./Admin./Other Legal Authority: Clean Air Act sec 112 CFR Citation: 40 CFR 63 Legal Deadline: None 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. This action makes technical corrections (paragraph renumbering and minor editorial corrections) to the regulatory text of the Paints and Allied Products Manufacturing area sources final rule. Timetable: 734. 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 12/02/09 74 FR 63236 Action Final Action Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses 03/05/10 75 FR 10184 Government Levels Affected: None Date FR Cite Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 5016.1; EPA publication information: NPRM - http://www.epa.gov/fedrgstr/ EPA-AIR/2009/June/Day-01/al2563.pdf; Split from RIN 2060-AN47; EPA Docket information: EPA-HQ-OAR-2 008-005 3. 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, C304-05, Research Triangle Park, NC 27711 Phone: 919 541-5428 Fax: 919 541-0242 Email: edwards.chebryll@epa.gov RIN: 2060-AN47 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, C304-05, Research Triangle Park, NC 27711 Phone: 919 541-5428 Fax: 919 541-0242 Email: edwards.chebryll@epa.gov RIN: 2060-AO94 735. NESHAP: AREA SOURCE STANDARDS—PREPARED (ANIMAL) FEEDS MANUFACTURING Priority: Other Significant Legal Authority: CAA 112 81 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Clean Air Act Completed Actions 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 08/26/09 01/05/10 75FR522 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, C304-05, Research Triangle Park, NC 27711 Phone: 919 541-5428 Fax: 919 541-0242 Email: edwards.chebryll@epa.gov RIN: 2060-AO98 736. • NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS: AREA SOURCE STANDARDS FOR ASPHALT PROCESSING AND ASPHALT ROOFING MANUFACTURING- TECHNICAL AMENDMENT Priority: Info./Admin./Other Legal Authority: Clean Air Act sec 112 CFR Citation: 40 CFR 63 Legal Deadline: None 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. This action makes technical corrections (paragraph renumbering) to the regulatory text of the Asphalt Processing and Asphalt Roofing Manufacturing area source final rule. Timetable: Action Date FR Cite Final Action 03/18/10 75 FR 12988 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 5191.1; EPA publication information: NPRM - http://www.epa.gov/fedrgstr/ EPA-AIR/2009/July/Day-09/al6260.pdf; Split from RIN 2060-AO94; 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, C304-05, Research Triangle Park, NC 27711 Phone: 919 541-5428 Fax: 919 541-0242 Email: edwards.chebryll@epa.gov RIN: 2060-AQ22 737. 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 conduct a review of the standards every 5 years. Timetable: Action Date FR Cite 02/06/07 72 FR 5510 04/09/07 Original NPRM NPRM Comment Period End Supplemental NPRM 12/01/08 73 FR 72962 Supplemental NPRM 02/17/09 Comment Period End Final Action 10/06/09 74 FR 51368 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 82 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Clean Air Act Completed Actions of remand response; EPA Docket information: EPA-HQ-OAR-2006-0534. URL For More Information: 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 738. 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 is withdrawing this action in the regulatory agenda. Instead, the Agency will propose revisions to the Air Quality Index (AQI) and propose to set a Significant Harm Level (SHL) for PM2.5 in conjunction with the PM NAAQS notice of proposed rulemaking, which is scheduled to be signed by the Administrator in November 2010. Final action on the AQI and SHL will be taken in conjunction with the PM NAAQS final rule scheduled to be signed in July 2011. Until there is a final rule in place, State, local, and tribal agencies should use appropriate guidance documents. Timetable: Action Date FR Cite Withdrawn 02/23/10 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, C5 04-06, 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 739. 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 bans 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 12/15/09 74 FR 66450 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. 5052; EPA publication information: NPRM - http://www.epa.gov/fedrgstr/ EPA- AIR/2008/December/Day- 23/a29999.pdf; EPA Docket information: EPA-HQ-OAR-2007-0163. URL For More Information: 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: 202 565-2155 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 740. 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 was intended to correct final regulations which were published in the Federal Register on March 29, 2001 (66 FR 17230). The rule was deemed unnecessary as the obligated parties did not confront any ambiguity in the definitions and terms laid out in the original 2001 rulemaking. Timetable: Action Date FR Cite Withdrawn 04/02/10 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 83 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Clean Air Act Completed Actions 741. 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 16, 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 10/29/09 74 FR 56008 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; Final - http://www.epa.gov/fedrgstr/ EPA- AIR/2009/October/Day-29/a25576.pdf. 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, Research Triangle Park, NC 27711 Phone: 919 541-5395 Email: hustvedt.ken@epa.gov RIN: 2 060-AMI 9 742. FLEXIBLE AIR PERMIT RULE Priority: Substantive, Nonsignificant Legal Authority: Clean Air Act title V, parts C and D CFR Citation: 40 CFR 70 and 71 Legal Deadline: None Abstract: This rule promulgated 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: URL For More Information: Action Date FR Cite NPRM NPRM Comment Period End Final Action 09/12/07 72 FR 52206 01/14/08 10/06/09 74 FR 51418 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.regulations.gov/search/ Regs/home.htmlidocumentDetail? R=0900006480284edf; EPA Docket information: EPA-HQ-OAR-2004-0087. 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 743. REVISIONS TO THE DEFINITION OF POTENTIAL TO EMIT (PTE) Priority: Other Significant Legal Authority: 42 USC 7401; 42 USC 7412; 42 USC 7414; 42 USC 7416; 42 USC 7601 CFR Citation: 40 CFR Part 51; 40 CFR 52; 40 CFR 63; 40 CFR 70; 40 CFR 71 Legal Deadline: None Abstract: This action is being withdrawn. EPA is not revising the definition of the term "potential to emit" (PTE) used in numerous regulations to determine the applicability of major source requirements at this time. Timetable: Action Date FR Cite Withdrawn 01/28/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 5025. Agency Contact: Grecia Castro, Environmental Protection Agency, Air and Radiation, C5 04-05, 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, C504-03, Research Triangle Park, NC 27711 Phone: 919 541-1084 Fax: 919 541-5509 Email: santiago.juan@epa.gov RIN: 2060-AN65 84 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Clean Air Act Completed Actions 744. 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 38482). The primary issues raised in the petition 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 Action— 03/20/09 74 FR 11858 Landfill Gas 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, D243-01, 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 745. FUEL ECONOMY REGULATIONS FOR AUTOMOBILES: TECHNICAL AMENDMENTS AND CORRECTIONS Priority: Other Significant Legal Authority: 49 USC 32901 et seq CFR Citation: 40 CFR 600 Legal Deadline: None Abstract: This action amends and corrects portions of the Environmental Protection Agency's (EPA) existing fuel economy regulations, located at 40 CFR part 600. There are two reasons for this action. First, some minor corrections and amendments are needed to correct portions of EPA's final rule for fuel economy labeling requirements for cars and light trucks (71 FR 77872, Dec. 27, 2006). Second, the Department of Transportation finalized new average fuel economy standards for light trucks on April 6, 2006 (71 FR 77872). This rule amended the existing DOT regulations at 49 CFR parts 523, 533, and 537, by adding new definitions, setting new fuel economy standards for light trucks, and amending some reporting requirements. In order for DOT to execute its new requirements, DOT's regulations rely on EPA to reference the new definitions and collect the new information from automobile manufacturers. 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 NPRM Direct Final Action NPRM Comment Period End Date FR Cite 11/25/09 74 FR 61 600 11/25/09 74 FR 61 537 1 2/28/09 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, AAPTIG, Ann Arbor, MI 48105 Phone: 734 214-1450 Email: good.david@epamail.epa.gov RIN: 2060-AO36 746. STANDARDS OF PERFORMANCE FOR COAL PREPARATION PLANTS: AMENDMENTS Priority: Substantive, Nonsignificant Legal Authority: CAA sec ill CFR Citation: 40 CFR 60 subpart Y Legal Deadline: 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 04/28/08 73 FR 22901 06/10/08 73 FR 32667 06/12/08 NPRM NPRM Comment Period Extended NPRM Comment Period End NPRM Comment 07/14/08 Period Extended To Supplemental NPRM 05/27/09 74 FR 25304 85 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Clean Air Act Completed Actions Action Date FR Cite Supplemental NPRM Comment Period End Final Action 07/13/09 10/08/09 74 FR 51950 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@epamail.epa.gov RIN: 2060-AO57 747. 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: This action adjusted 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 implemented the next major milestone, a reduction to 75 percent below the production and consumption baselines beginning January 1, 2010. Timetable: Action Date FR Cite NPRM NPRM Comment Period End Final Action 12/23/08 73 FR 78680 02/23/09 12/15/09 74 FR 66411 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-2 008-0496. URL For More Information: 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 Staci Gatica, Environmental Protection Agency, Air and Radiation, 6205J, Washington, DC 20460 Phone: 202 343-9469 Email: gatica.staci@epamail.epa.gov RIN: 2060-AO76 748. 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 sec CFR Citation: 40 CFR 80; 40 CFR 86 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. Timetable: Action Date FR Cite 05/26/09 74 FR 24903 07/07/09 74 FR 32091 07/27/09 NPRM NPRM Comment Period Extended NPRM Comment Period End NPRM Comment 09/25/09 Period Extended To Final Action 03/26/10 75 FR 14670 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: www.epa.gov/otaq/fuels/ renewablefuels/index.htm 86 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Clean Air Act Completed Actions Agency Contact: Paul Argyropoulos, Environmental Protection Agency, Air and Radiation, 6520J ARM, Washington, DC 20460 Phone: 202 564-1123 Fax: 202 564-1686 Email: argyropoulos.paul@epa.gov David Korotney, Environmental Protection Agency, Air and Radiation, AAFC, Ann Arbor, MI 48105 Phone: 734 214-4507 Email: korotney.david@epamail.epa.gov RIN: 2060-AO81 749. 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 is no longer needed because the contemplated items have been resolved as the result of recent regulatory activities. Timetable: Action Date FR Cite Withdrawn 01/29/10 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, EW143-02, Research Triangle Park, NC 27711 Phone: 919 541-0893 Fax: 919 541-0516 Email: segall.robin@epamail.epa.gov RIN: 2060-AP31 750. NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR RECIPROCATING INTERNAL COMBUSTION ENGINES- COMPRESSION IGNITION 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 17, 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). This action will establish NESHAP for existing stationary compression ignition (diesel) RICE that are located at both major sources and area sources of hazardous air pollutant (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. Timetable: Action Date FR Cite 03/05/09 74 FR 9698 04/14/09 74 FR 17130 05/04/09 NPRM NPRM Comment Period Extended NPRM Comment Period End NPRM Comment 06/03/09 Period Extended To Final Action—Cl 03/03/10 75 FR 9647 Engines 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, RTF, NC 27711 Phone: 919 541-1045 Fax: 919 541-5450 Email: wayland.robertj@epamail.epa.gov RIN: 2060-AP36 751. 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: CAA sec 2ll(h) CFR Citation: 40 CFR 80 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 Date FR Cite NPRM NPRM Comment Period End Final Action 08/24/09 74 FR 42619 09/23/09 03/01/10 75 FR 9107 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 87 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Clean Air Act Completed Actions 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 752. NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR AREA SOURCES: ELECTRIC ARC FURNACE STEELMAKING FACILITIES; AMENDMENTS Priority: Other Significant Legal Authority: Clean Air Act section 112 CFR Citation: 40 CFR 63 Legal Deadline: None Abstract: This action will no longer go forward, it is being withdrawn. 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 Action NPRM Comment Period End Withdrawl of Direct Final Withdrawn 12/01/08 73 FR 72756 12/01/08 73 FR 72727 12/31/08 02/26/09 74 FR 8756 02/04/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: No 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: 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, Research Triangle Park, NC 27711 Phone: 919 541-2837 Fax: 919 541-4991 Email: fruh.steve@epamail.epa.gov RIN: 2060-AP44 753. STAY OF CAIR AND CAIR FIP FOR MINNESOTA Priority: Info./Admin./Other Legal Authority: 23 USC 101; 42 USC 7401 to 7671q CFR Citation: 40 CFR 51 and 52 Legal Deadline: None Abstract: This action stayed 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 stayed 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 Date FR Cite NPRM NPRM Comment Period End Final Action 05/12/09 74 FR 22147 06/11/09 11/03/09 74 FR 56721 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 5323; EPA publication information: NPRM - http://www.regulations.gov/search/ Regs/home.htmlidocumentDetail? R=090000648098ae7c; Final Action - http://www.regulations.gov/search/ Regs/home. htmlidocumentDetail? R=0900006480a4ffOa; 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 754. ENDANGERMENT AND CAUSE OR CONTRIBUTE FINDINGS FOR GREENHOUSE GASES Priority: Other Significant Legal Authority: 42 USC 752l(a) CFR Citation: None Legal Deadline: None Abstract: On December 7, 2009, the Administrator signed two distinct findings regarding greenhouse gases under section 202(a) of the Clean Air Act. The Administrator found that the current and projected concentrations of the six key well-mixed greenhouse gases—carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), and sulfur hexafluoride (SF6)—in the atmosphere threaten the public health and welfare of current and future generations. The Administrator also found that the combined emissions of these well- mixed greenhouse gases from new motor vehicles and new motor vehicle engines contribute to the greenhouse gas pollution which threatens public health and welfare. These findings did not themselves impose any requirements on industry or other entities. However, this action is a prerequisite to finalizing the EPA's proposed greenhouse gas emission standards for light-duty vehicles, which were jointly proposed by EPA and the Department of Transportation's National Highway Safety Administration on September 15, 2009. ------- Spring 2010 Semiannual Regulatory Agenda EPA—Clean Air Act Completed Actions Timetable: Action Date FR Cite NPRM NPRM Comment Period End Final Action 04/24/09 74 FR 18886 06/23/09 12/15/09 74 FR 66495 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 5335; EPA publication information: Proposal - http://www.epa.gov/fedrgstr/ EPA- AIR/2009/April/Day-24/a9339.pdf; Also published as RDM 2060-ZA14; 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: 202 343-2202 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 755. NESHAP STANDARD STANDARDS FOR PETROLEUM REFINERIES—WASTEWATER Priority: Substantive, Nonsignificant Legal Authority: CAA sec H2(f)(2); CAA 112(d)(6); CAA 112(d)(2) & (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, 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 (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 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 Withdrawn 02/04/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: No 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 27709 Phone: 919 541-0884 Fax: 919 541-0246 Email: lucas.bob@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@epamail.epa.gov RIN: 2060-AP70 756. RECONSIDERATION OF PREVENTION OF SIGNIFICANT DETERIORATION (PSD) AND NONATTAINMENT NEW SOURCE REVIEW (NSR): RECONSIDERATION OF INCLUSION OF FUGITIVE EMISSIONS Priority: Substantive, Nonsignificant Legal Authority: Clean Air Act title I CFR Citation: 40 CFR 51 and 52 Legal Deadline: Final, Statutory, March 31, 2010, Stay Extension Expires. Abstract: This action is putting in place an additional 18 month stay. 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 (73 FR 77881). In addition to granting reconsideration, EPA granted 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. In addition to the notice about the stay (75 FR 6823), 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 NPRM—Additional Stay NPRM Comment Period End 02/11/10 75 FR 6823 03/15/10 89 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Clean Air Act Completed Actions Action Date FR Cite FinalAction— 03/31/10 75 FR 16012 Additional 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: Agency Contact: Carrie Wheeler, Environmental Protection Agency, Air and Radiation, C504-03, Research Triangle Park, NC 27711 Phone: 919 541-9771 Fax: 919 541-4028 Email: wheeler.carrie@epamail.epa.gov Juan Santiago, Environmental Protection Agency, Air and Radiation, C504-03, Research Triangle Park, NC 27711 Phone: 919 541-1084 Fax: 919 541-5509 Email: santiago.juan@epa.gov RIN: 2060-AP73 757. 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 (3) CFR Citation: 40 CFR 63 (Revision) Legal Deadline: None Abstract: The action entitled "Residual Risk Standards for Petroleum Refineries — Equipment Leaks" has been subsumed into the new rulemaking "National Emission Standards for Hazardous Air Pollutant Emissions: Group I Polymers and Resins and Marine Vessel Loading Operations (Risk and Technology Review)" (RIN 2060- AP95). Timetable: Action Date FR Cite Withdrawn 01/19/10 Regulatory Flexibility Analysis Required: Undetermined Small Entities Affected: Businesses Government Levels Affected: None Additional Information: SAN No. 5093.5; EPA publication information: Supplemental NPRM - http://www.epa.gov/fedrgsfr/ 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 27709 Phone: 919 541-0884 Fax: 919 541-0246 Email: lucas.bob@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@epamail.epa.gov RIN: 2060-AP81 758. 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: The action entitled "Residual Risk Standards for Petroleum Refineries—Process Vents and Control Devices" has been subsumed into the new rulemaking "National Emission Standards for Hazardous Air Pollutant Emissions: Group I Polymers and Resins and Marine Vessel Loading Operations (Risk and Technology Review)" (RIN 2060-AP95). Timetable: Action Date FR Cite Withdrawn 01/19/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 5093.6; EPA publication information: Supplemental NPRM - http://www.epa.gov/fedrgsfr/ 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 27709 Phone: 919 541-0884 Fax: 919 541-0246 Email: lucas.bob@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@epamail.epa.gov RIN: 2060-AP82 759. 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 (3) CFR Citation: 40 CFR 63 (Revision) Legal Deadline: None Abstract: The action entitled "Residual Risk Standards for Petroleum Refineries—Storage Vessels and Transfer Operations" has been subsumed into the new rulemaking "National Emission Standards for Hazardous Air Pollutant Emissions: Group I Polymers and Resins and Marine Vessel Loading Operations (Risk and Technology Review)" (RIN 2060- AP95). Timetable: Action Date FR Cite Withdrawn 01/19/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: No 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 27709 Phone: 919 541-0884 Fax: 919 541-0246 Email: lucas.bob@epamail.epa.gov 90 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Clean Air Act Completed Actions Ken Hustvedt, Environmental Protection Agency, Air and Radiation, E143-01, RTF, NC 27711 Phone: 919 541-5395 Fax: 919 685-3200 Email: hustvedt.ken@epamail.epa.gov RIN: 2060-AP83 760. INTERPRETATION OF REGULATIONS THAT DETERMINE POLLUTANTS COVERED BY THE CLEAN AIR ACT PERMITTING PROGRAMS Priority: Other Significant Legal Authority: 42 USC 7401 et seq CFR Citation: 40 CFR 52.21 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 is conducting a reconsideration proceeding to review and take public comment on the proper interpretation of this regulatory phrase. Timetable: Action Date FR Cite NPRM NPRM Comment Period End Final Action 10/07/09 74 FR 51535 12/07/09 04/02/10 75 FR 17004 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal, Local, State, Tribal Additional Information: SAN No. 5377; EPA publication information: NPRM - http://www.regulations.gov/search /Regs/home.htmlidocumentDetail? R=0900006480a3d8b4; EPA Docket information: EPA-HQ-OAR-2009-0597. URL For More Information: wf\vwr.epa.gov/nsr/ Agency Contact: Dave Svendsgaard, Environmental Protection Agency, Air and Radiation, C504-03, RTF, NC 27711 Phone: 919 541-2380 Fax: 919 541-5509 Email: svendsgaard.dave@epamail.epa.gov Raj Rao, Environmental Protection Agency, Air and Radiation, C504-03, RTF, NC 27711 Phone: 919 541-5344 Fax: 919 541-5509 Email: rao.raj@epamail.epa.gov RIN: 2060-AP87 Environmental Protection Agency (EPA) Atomic Energy Act Proposed Rule Stage 761. TECHNICAL CHANGE TO DOSE METHODOLOGY Priority: Substantive, Nonsignificant Legal Authority: 42 USC 2021 Atomic Energy Act of 1954; Reorganization Plan No. 3 of 1970; Nuclear Waste Policy Act of 1982 CFR Citation: 40 CFR 190(B); 40 CFR Legal Deadline: None Abstract: The purpose of this action is to make a technical change to the dose methodology used in subpart A of 40 CFR 191, entitled Environmental Radiation Protection Standards for the Management and Disposal of Spent Nuclear Fuel, High-Level Waste and Transuranic Waste. The current methodology is outdated. The dose methodology used in the rule published on September 19, 1985, was based on the target organ approach recommended by the International Commission on Radiological Protection (ICRP) in Report No. 2. Since that time science has progressed and a new methodology based on an effective dose equivalent approach is currently being recommended by the ICRP in Report No. 26. This action would propose updating the 40 CFR 191, subpart A dose limits published in 1985 from the target organ to the state-of-the-art effective dose equivalent system. There would be no change in the level of protection, just the scientific methodology for determining compliance with the levels of protection established in 1985. Timetable: Action Date FR Cite NPRM 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 91 ------- Spring 2010 Semiannual Regulatory Agenda Environmental Protection Agency (EPA) Atomic Energy Act Long-Term Actions 762. REVISION OF HEALTH AND ENVIRONMENTAL PROTECTION STANDARDS FOR URANIUM AND THORIUM MILL TAILINGS AND URANIUM IN SITU LEACHING PROCESSING FACILITIES Priority: Substantive, Nonsignificant Unfunded Mandates: Undetermined Legal Authority: 42 USC 2022, 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 revised EPA standards, add to the urgency of undertaking this effort. Timetable: Action Date FR Cite 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 NPRM Final Action 05/00/12 To Be Determined Environmental Protection Agency (EPA) Atomic Energy Act Completed Actions 763. 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. EPA has decided to officially withdraw this action. However, discussions continue within EPA, with other federal agencies, and with stakeholders on possible future options (e.g., a guidance document). Timetable: Action Date FR Cite ANPRM ANPRM Comment Period End Withdrawn 11/18/03 68 FR 65120 03/17/04 01/13/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None 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 92 ------- Spring 2010 Semiannual Regulatory Agenda Environmental Protection Agency (EPA) Noise Control Act Final Rule Stage 764. 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 08/05/09 74 FR 39150 08/21/09 74 FR 42223 09/04/09 NPRM NPRM Comment Period Extended NPRM Comment Period End NPRM Comment 11/04/09 Period Extended To Final Action 09/00/10 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; EPA Docket information: EPA—HQ— OAR—2003—0024. 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 765. 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. EPA is considering various approaches, including disclosure based on hazard and broader disclosure of inert ingredient identities. Timetable: Action Date FR Cite ANPRM 12/23/09 74 FR 68215 ANPRM Comment 02/22/10 Period End ANPRM Extension of 02/22/10 75FR7560 Comment Period ANPRM Comment 04/23/10 Period Extended To NPRM To Be Determined Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 5385; EPA publication information: ANPRM - http://www.regulations.gov/search/ Regs/home.htmhdocketDetail? R=EPA- HQ-OPP-2009-0635; EPA Docket information: EPA-HQ-OPP-2009-0635. URL For More Information: wf\vwr.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 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 Email: kyprianou.rose@epa.gov RIN: 2070-AJ62 93 ------- Spring 2010 Semiannual Regulatory Agenda Environmental Protection Agency (EPA) Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Proposed Rule Stage 766. PESTICIDES; DATA REQUIREMENTS FOR PLANT-INCORPORATED PROTECTANTS (PIPS) AND CERTAIN EXEMPTIONS FOR PIPS Priority: Other Significant 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. Also, EPA will propose to exempt cisgenic PIPs from registration to encourage research and development of useful biotechnology and reduce the number of PIPs seeking registration. Cisgenic PIPs are formed when genetic material is transferred, using bioengineering technology, between plants that could transfer the genetic material naturally. Timetable: Action Date FR Cite NPRM 12/00/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal 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: wozniak.chris@epa.gov RIN: 2070-AJ27 767. 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: 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. 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 Email: smoot.cameo@epa.gov Jennifer Mclain, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7506P, Washington, DC 20460 Phone: 703 308-0293 Email: mclain.jennifer@epa.gov RIN: 2070-AJ58 768. PESTICIDES; REGULATION TO CLARIFY LABELING OF PESTICIDES FOR EXPORT Priority: Substantive, Nonsignificant Legal Authority: 7 USC 136 to I36y CFR Citation: 40 CFR 168.65 Legal Deadline: None Abstract: EPA is developing this proposed rule to clarify, restructure, and add specificity to existing labeling regulations for the export of unregistered pesticide products and devices. EPA is also considering a minor new requirement for the labeling of unregistered pesticide products and devices shipped between establishments operated by the same producer to ensure that they are clearly marked as unregistered products intended for export in order to prevent them from inadvertently entering the U.S. market. Timetable: Action Date FR Cite NPRM 01/00/11 94 ------- Spring 2010 Semiannual 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. 5358; EPA Docket information: EPA-HQ-OPP- 2009-0607. URL For More Information: www.epa.gov/oppffeadl/international/ trade/index.htmlil7a 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, 7506P, Washington, DC 20460 Phone: 703 308-0293 Email: mclain.jennifer@epa.gov RIN: 2070-AJ53 769. PESTICIDES; CLARIFYING CHANGES TO LABELING Priority: Substantive, Nonsignificant Unfunded Mandates: Undetermined Legal Authority: 7 USC 136 et seq CFR Citation: 40 CFR 156 Legal Deadline: None Abstract: EPA is planning a rulemaking to make minor 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. URL For More Information: www.epa.gov/pesticides/regulating/ labels/product-labels.htm 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 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 770. REGULATIONS TO FACILITATE COMPLIANCE WITH THE FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT BY PRODUCERS OF PLANT-INCORPORATED PROTECTANTS (PIPS) Priority: Other Significant Legal Authority: 7 USC 136 et seq CFR Citation: 40 CFR 174; 40 CFR 152; 40 CFR 156; 40 CFR 167; 40 CFR 168; 40 CFR 169; 40 CFR 172 Legal Deadline: None Abstract: Plant-Incorporated Protectants (PIPs) are pesticidal substances intended to be produced and used in living plants and the genetic material needed for their production. EPA regulates PIPs under Federal Insecticide, Fungicide and Rodenticide Act (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 ANPRM Comment Period Extended NPRM 04/04/07 72 FR 16312 04/11/07 72 FR 18191 05/23/07 72 FR 28911 06/13/07 07/13/07 06/00/11 Regulatory Flexibility Analysis Required: Undetermined Small Entities Affected: Businesses Government Levels Affected: Federal, State, Tribal Additional Information: SAN No. 5082; EPA publication information: ANPRM - http://www.regulations.gov/search/ Regs/home. htmlidocumentDetail? R=0900006480220026; 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, 7201M, Washington, DC 20460 Phone: 202 564-8480 Fax: 202 564-8502 Email: milewfski.elizabeth@epa.gov RIN: 2070-AJ32 771. PESTICIDES; DETERMINATION OF STATUS OF PRIONS AS PESTS Priority: Other Significant Legal Authority: 7 USC 136; 7 USC 136w CFR Citation: 40 CFR 152.5(d) Legal Deadline: None 95 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Proposed Rule Stage Abstract: In 2004, the Agency stated that it considered prions (proteinaceous infectious particles) to be a "pest" under Federal Insecticide, Fungicide and Rodenticide Act (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 ensures that such products are effective. Timetable: Action Date FR Cite NPRM 10/00/10 Regulatory Flexibility Analysis Required: Undetermined 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 Tajah Blackburn, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7510P, Washington, DC 20460 Phone: 703 308-0372 Email: blackburn.tajah@epa.gov RIN: 2070-AJ26 772. REVISION OF PROCEDURAL RULES FOR HEARINGS ON CANCELLATIONS, SUSPENSIONS, CHANGES IN CLASSIFICATIONS, AND DENIALS OF PESTICIDE REGISTRATIONS Priority: Substantive, Nonsignificant Legal Authority: 7 USC I36a(c) to 136a(d); 7 USC 136b(d) to 136b(f); 7 USC 136d(b) to 7 USC 136d(e); 7 USC 136w(a) CFR Citation: 40 CFR 164 (Revision) Legal Deadline: None Abstract: EPA is preparing a revision of the Rules of Practice governing the conduct of licensing adjudications under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). The existing Rules of Practice were originally promulgated by EPA in 1973. In the subsequent 35 years, Congress has substantially amended FIFRA, creating a number of additional types of licensing adjudications which are not expressly provided for in the existing Rules of Practice. In order to include provisions tailored to these new types of proceedings, and to incorporate the standard practices which have evolved and the precedents which have been established since these rules were first promulgated, EPA intends to revise the FIFRA Rules of Practice. Timetable: Action Date FR Cite NPRM 02/00/11 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 4618; Previous listed as RIN 2020-AA44. Sectors Affected: 112 Animal Production; 111 Crop Production; 32532 Pesticide and Other Agricultural Chemical Manufacturing Agency Contact: Scott Garrison, Environmental Protection Agency, Office of General Counsel, 2333A, Washington, DC 20460 Phone: 202 564-4047 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 773. 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. The current crop groupings allow EPA to establish pesticide tolerances for multiple related crops based upon data for a representative set of crops. EPA expects these revisions to promote greater use of crop grouping for tolerance-setting purposes and to facilitate the availability of pesticides for minor crop uses. The first revision in a series of revisions to the crop grouping regulations was finalized in December 2007. In January 2010, EPA proposed the next revision to the crop grouping regulations, involving a proposal 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 NPRM 2 Comment Period End Final Action 2 05/23/07 72 FR 28920 07/23/07 12/07/07 72 FR 69150 01/02/08 73FR51 01/06/10 75FR807 03/08/10 01/00/11 96 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Final Rule Stage Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 5031; EPA publication information: NPRM 1 - http://www.epa.gov/fedrgstr/ EPA- PEST/2007/May/Day-23/p9595.htm; EPA Docket information: EPA-HQ-OPP- 2006-0766. URL For More Information: cfpubl.epa.gov/oppref/food feed/ index, cfm Agency Contact: Rame Cromwell, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7506P, Washington, DC 20460 Phone: 703 308-9068 Fax: 703 305-5884 Email: cromwfell.rame@epa.gov Jennifer McLain, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7506P, Washington, DC 20460 Phone: 703 308-0293 Email: mclain.jennifer@epa.gov RIN: 2070-AJ28 774. 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 NPRM 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 Supplemental NPRM 5 Supplemental NPRM 5 Comment Period End Withdrawal of NPRM 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 08/20/01 66 FR 43552 09/19/01 04/00/10 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, 7201M, Washington, DC 20460 Phone: 202 564-8480 Fax: 202 564-8502 Email: milewfski.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 775. 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. Timetable: Action Date FR Cite NPRM Original Supplemental NPRM Supplemental NPRM Comment Period End Supplemental NPRM 2 Supplemental NPRM 2 Comment Period End Supplemental NPRM 3 Supplemental NPRM 3 Comment Period End Supplemental NPRM 4 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 97 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Final Rule Stage Action Date FR Cite Supplemental NPRM 08/20/01 4 Comment Period End Withdrawal of NPRM 04/00/10 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, 7201M, Washington, DC 20460 Phone: 202 564-8480 Fax: 202 564-8502 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-AD56 776. 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 10/24/96 02/23/00 65 FR 8925 03/24/00 65 FR 15885 Action Date FR Cite NPRM Comment Period End Notice; Metolachlor Supplemental Notice and Extension of Comment Period Supplemental NPRM 04/24/00 and Extension of Comment Period End Withdrawal of NPRM 04/00/10 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 NPRM 06/26/96 61 FR33259 RIN: 2070-AC46 Environmental Protection Agency (EPA) Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Long-Term Actions 777. 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 a proposal to require registrants of agricultural and professional specialty pesticides to recycle certain plastic containers. The proposed regulation would 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 98 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Long-Term Actions and Toxic Substances, 7506P, Washington, DC 20460 Phone: 703 308-7385 Fax: 703 308-2962 Email: fitz.nancy@epa.gov RIN: 2070-AJ29 778. 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. The existing antimicrobial data requirements are in 40 CFR part 161. 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. Once this regulatory change takes effect, data requirements for antimicrobial pesticides will be set forth in subpart W of 40 CFR part 158, and part 161 will be removed. Timetable: Action Date FR Cite NPRM Comment Period End Final Action 01/16/09 04/00/11 Action Date FR Cite NPRM 10/08/08 73 FR 59381 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, 7506P, Washington, DC 20460 Phone: 703 308-0293 Email: mclain.jennifer@epa.gov RIN: 2070-AD30 779. PESTICIDES; DATA REQUIREMENTS FOR PRODUCT PERFORMANCE Priority: Substantive, Nonsignificant Legal Authority: 7 USC !36-l36y CFR Citation: 40 CFR 158, 156 and 152 Legal Deadline: None Abstract: EPA will propose data requirements that specifically address the registration data needs of invertebrate pesticide product registrations as mandated by Federal Insecticide, Fungicide and Rodenticide Act (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: No Small Entities Affected: No Government Levels Affected: Federal Additional Information: SAN No. 5331. URL For More Information: www.epa.gov/pesticides Agency Contact: 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 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 RIN: 2070-AJ49 780. 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 (FFDCA) was amended to require 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 99 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Long-Term Actions 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 781. PLANT INCORPORATED PROTECTANTS (PIPS); EXEMPTION FOR THOSE BASED ON VIRAL COAT PROTEIN GENES Priority: Substantive, Nonsignificant Legal Authority: 21 USC 346(a) et seq; 7 USC 136 et seq CFR Citation: 40 CFR 174 Legal Deadline: None Abstract: EPA is considering the addition of plant-incorporated protectants based on viral coat protein genes to its plant-incorporated protectants exemptions at 40 CFR 174. Substances which plants produce for protection against pests, and the genetic material necessary to produce them, are pesticides under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), if humans intend these substances to "prevent, repel or mitigate any pest." These substances are also "pesticide chemical residues" under the Federal Food, Drug, and Cosmetic Act (FFDCA). 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 in 1994) was requested in 2001. After considering public comment and additional review by the Science Advisory Panel, EPA issued a reproposal in 2007. Timetable: Action Date FR Cite Action Date FR Cite NPRM Original 11/23/94 59 FR 60496 Supplemental NPRM 07/22/96 61 FR 37891 1 Supplemental NPRM 08/21/96 1 Comment Period End Supplemental NPRM 05/16/97 62 FR 27132 2 Supplemental NPRM 06/16/97 2 Comment Period End Supplemental NPRM 04/23/99 64 FR 19958 3 Supplemental NPRM 05/24/99 3 Comment Period End Supplemental NPRM 07/19/01 66 FR 37855 4 Supplemental NPRM 08/20/01 4 Comment Period End Reproposal 04/18/07 72 FR 19589 Final Action 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 782. PESTICIDES; COMPETENCY STANDARDS FOR OCCUPATIONAL USERS Priority: Other Significant. Major status under 5 USC 801 is undetermined. Unfunded Mandates: Undetermined Legal Authority: 7 USC 136; 7 USC 1361; 7 USC 136w CFR Citation: 40 CFR 171; 40 CFR 156 100 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Long-Term Actions Legal Deadline: None Abstract: The EPA is proposing to change the Federal regulations under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) that guide the certified pesticide applicator program (40 CFR 171). Change is sought to strengthen the regulations to better protect pesticide applicators and the public and the environment from harm due to pesticide exposure. The possible need for change arose from EPA discussions with key stakeholders. EPA has been in extensive discussions with stakeholders since 1997 when the Certification and Training Assessment Group (CTAG) was established. CTAG is a forum used by regulatory and academic stakeholders to discuss the current state of, and the need for improvements in, the national certified pesticide applicator program. Throughout these extensive interactions with stakeholders, EPA has learned of the potential need for changes to the regulation. Timetable: Action Date FR Cite NPRM 07/00/11 Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses Government Levels Affected: Federal, Local, 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 783. 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 under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) to revise the federal regulations guiding agricultural worker protection (40 CFR 170). The changes under consideration are intended to improve agricultural workers' ability to protect themselves from potential exposure to pesticides and pesticide residues. In addition, EPA is proposing to make adjustments to improve and clarify current requirements and facilitate enforcement. Other changes sought are to establish a right-to-know Hazard Communication program and make improvements to pesticide safety training, with improved worker safety the intended outcome. The potential need for change arose from EPA discussions with key stakeholders beginning in 1996 and continuing through 2004. EPA held nine public meetings throughout the country during which the public submitted written and verbal comments on issues of their concern. In 2000 through 2004, EPA held meetings where invited stakeholders identified their issues and concerns with the regulations. Timetable: Action Date FR Cite NPRM 07/00/11 Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses Government Levels Affected: Federal, State, Tribal 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 784. 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 Federal Insecticide Fungicide and Rodenticide Act (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 101 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Long-Term Actions extensive stakeholder dialogue, EPA will determine next steps for this action. Timetable: Action Date FR Cite NPRM NPRM Comment Period End NPRM Extension of Comment Period NPRM Comment Period Extended End Final Action 1 Final Action 2 09/17/99 64 FR 50671 11/16/99 11/16/99 64 FR 62145 01/18/00 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: NPRM - http://frwebgate.access.gpo.gov/cgi-bin/ getdoc.cgi?dbname=1999 register &docid=frl7se99-30.pdf; EPA Docket information: OPP-300890. Sectors Affected: 32519 Other Basic Organic Chemical Manufacturing; 32551 Paint and Coating Manufacturing; 32532 Pesticide and Other Agricultural Chemical Manufacturing; 32561 Soap and Cleaning Compound Manufacturing URL For More Information: www.epa.gov/oppad001/regpolicy.htm Agency Contact: Jennifer McLain, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7506P, Washington, DC 20460 Phone: 703 308-0293 Email: mclain.jennifer@epa.gov RIN: 2070-AD14 785. PESTICIDES; RECONSIDERATION OF EXEMPTIONS FOR INSECT REPELLENTS Priority: Other Significant 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 10/00/11 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, 7506P, Washington, DC 20460 Phone: 703 308-0293 Email: mclain.jennifer@epa.gov RIN: 2070-AJ45 Environmental Protection Agency (EPA) Toxic Substances Control Act (TSCA) P re rule Stage 786. 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. 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: www.epa.gov/lead/pubs/renovation.htm 102 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Toxic Substances Control Act (TSCA) Prerule Stage 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@epa.gov Cindy Wheeler, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7404T, Washington, DC 20460 Phone: 202 566-0484 Email: wheeler.cindy@epa.gov RIN: 2070-AJ56 787. POLYCHLORINATED BIPHENYLS (PCBS); REASSESSMENT OF USE AUTHORIZATIONS Priority: Other Significant. Major status under 5 USC 801 is undetermined. Unfunded Mandates: 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 Polychlorinated Biphenyls (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 section 6(e) of the Toxics Substances and Control Act (TSCA), which 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 ANPRM Comment Period End 04/07/10 75 FR 17645 07/06/10 Regulatory Flexibility Analysis Required: Undetermined Small Entities Affected: Businesses Government Levels Affected: Undetermined Federalism: Undetermined Additional Information: SAN No. 5256. Agency Contact: John Smith, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7404T, Washington, DC 20460 Phone: 202 566-0512 Fax: 202 566-0473 Email: smith.johnh@epa.gov Christine Zachek, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7404T, Washington, DC 20460 Phone: 202 566-2219 Email: zachek.christine@epa.gov RIN: 2070-AJ38 Environmental Protection Agency (EPA) Toxic Substances Control Act (TSCA) Proposed Rule Stage 788. 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 Toxics Substances and Control Act (TSCA) certification statement and chemical identification data needed to verify the legality of importation of chemical substances subject to TSCA. ACE is a database 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 its 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 (Jul. 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 (EPA's 01/00/11 Concurrence) Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses Government Levels Affected: None Additional Information: SAN No. 5305. URL For More Information: wrwfwf.itds.gov Agency Contact: David Giamporcaro, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7408M, Washington, DC 20460 Phone: 202 564-8107 Email: giamporcaro.david@epa.gov Mike Burns, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7404T, Washington, DC 20460 Phone: 202 564-8273 Email: burns.mike@epa.gov RIN: 2070-AJ50 103 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Toxic Substances Control Act (TSCA) Proposed Rule Stage 789. • CHEMICALS OF CONCERN LIST Priority: Other Significant Legal Authority: 15 USC 2604 and 2611 CFR Citation: 40 CFR 730 and 707 Legal Deadline: None Abstract: EPA is proposing to add a category of eight phthalates, a category of polybrominated diphenyl ethers (PBDEs), and bisphenol A (BPA) to a list of chemical substances that EPA finds present or may present an unreasonable risk of injury to human health or the environment. EPA is proposing this rule using the authority provided under section 5(b)(4) the Toxic Substances Control Act (TSCA). EPA is concerned that the hazards of these substances and the magnitude of human and/or environmental exposure indicates that they may present an unreasonable risk to human health and/or the environment. EPA is also proposing conforming changes to the TSCA 12(b) export notification regulations. 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. 5430. URL For More Information: www.epa.gov/oppt/existingchemicals/ pubs/managechemrisk.html Agency Contact: Jessica Barkas, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7405M, Washington, DC 20460 Phone: 202 250-8880 Email: barkas.jessica@epa.gov Maria Doa, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 1200 Pennsylvania Avenue NW., Washington, DC 20460 Phone: 202 566-0718 Email: doa.maria@epa.gov RIN: 2070-AJ70 790. DECABROMODIPHENYL ETHER (DECABDE), PENTABROMODIPHENYL ETHER (PENTABDE), AND OCTABROMODIPHENYL ETHER (OCTABDE) Priority: Other Significant. Major status under 5 USC 801 is undetermined. Legal Authority: 15 USC 2601 et seq CFR Citation: 40 CFR 790 to 799 Legal Deadline: None Abstract: EPA intends to propose a significant new use rule (SNUR) under section 5(a)(2) and is also considering a Test Rule under section 4(a) of the Toxic Substances Control Act (TSCA) for Decabromodiphenyl Ether (DecaBDE) and/or Pentabromodiphenyl Ether (PentaBDE) and Octabromodiphenyl Ether (OctaBDE). The SNUR would require persons who intend to manufacture, import, or process these chemical substances, or an article containing them, for an activity that is designated as a significant new use by this proposed rule, to notify EPA at least 90 days before commencing that activity. The required notification would provide EPA with the opportunity to evaluate the intended use and, if necessary, to prohibit or limit that activity before it occurs. The Test Rule may be needed to determine the health and environmental effects of DecaBDE and/or PentaBDE, and OctaBDE. The results of the tests that could be required under this rule would assist EPA in understanding the health and environmental effects of the substance to manage/minimize any potential risk and exposure. Timetable: Action Date FR Cite NPRM NPRM2 06/25/91 56 FR 29140 12/00/10 Regulatory Flexibility Analysis Required: Undetermined Small Entities Affected: Businesses Government Levels Affected: Federal Additional Information: SAN No. 3493.3. URL For More Information: www.epa.gov/oppt/chemtest Agency Contact: 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 791. • SIGNIFICANT NEW USE RULE; CERTAIN HIGH PRODUCTION VOLUME CHEMICALS AND EXISTING CHEMICALS Priority: Substantive, Nonsignificant Legal Authority: 15 USC 2601 et seq CFR Citation: 40 CFR 721 Legal Deadline: None Abstract: EPA is developing a significant new use rule (SNUR) under section 5(a)(2) of the Toxic Substances Control Act (TSCA) for the fourth group of high production volume (HPV) chemicals identified under the HPV Program (see RIN 2070-AD16). (HPV chemicals are manufactured (including imported) in the aggregate at more than 1 million pounds on an annual basis.) Currently, the SNUR is expected to include 34 chemicals. The SNUR would require persons who intend to manufacture, import, or process these chemical substances for an activity that is designated as a significant new use by this proposed rule to notify EPA at least 90 days before commencing that activity. This required notice will provide EPA the opportunity to evaluate intended significant new uses and associated activities before they occur and, if appropriate, to prohibit or limit those uses or activities. 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. 5419. URL For More Information: www.epa.gov/oppt/existingchemicals Agency Contact: Paul Campanella, Environmental Protection Agency, Office of Prevention, Pesticides and 104 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Toxic Substances Control Act (TSCA) Proposed Rule Stage Toxic Substances, 7405M, Washington, DC 20460 Phone: 202 564-8091 Email: campanella.paul@epa.gov Robert Jones, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7405M, Washington, DC 20460 Phone: 202 564-8161 Email: jones.robert@epa.gov RIN: 2070-AJ66 792. TSCA INVENTORY NOMENCLATURE FOR ENZYMES AND PROTEINS Priority: Info./Admin./Other Legal Authority: 15 USC 2607 CFR Citation: 40 CFR 720.45 Legal Deadline: None Abstract: In an Advance Notice of Proposed Rulemaking (ANPRM) issued in November 2004, EPA announced and sought comment on whether it should establish new procedures and regulations for naming enzymes and proteins when listing such substances on the Toxic Substances Control Act (TSCA) Chemical Substances Inventory (TSCA Inventory) because current enzyme listings were too broad and did not adequately differentiate between newly developed enzymes and existing Inventory listings. The ANPRM outlined four identification elements that EPA currently believes are appropriate for use in developing unique TSCA Inventory nomenclature for proteinaceous enzymes. The Agency also solicited public comment on several specific questions relating to this topic. EPA is currently evaluating the comments received and is developing a proposed rulemaking. Timetable: Action Date FR Cite ANPRM ANPRM Comment Period End NPRM 11/15/04 69 FR 65565 12/15/04 09/00/10 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. URL For More Information: www.epa.gov/oppt/existingchemicals 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 793. TSCA INVENTORY UPDATE REPORTING MODIFICATIONS Priority: Other Significant 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 chemicals manufactured or processed for commercial purposes, 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 and 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 07/00/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses Government Levels Affected: None Additional Information: SAN No. 5279; EPA Docket information: EPA-HQ- OPPT-2009-0187. 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 794. • TSCA INVENTORY; CLARIFICATION FOR CHEMICAL IDENTIFICATION DESCRIBING STATUTORY MIXTURES, INCLUDING CERAMIC MATERIALS, CEMENTS, AND FRITS FOR TSCA INVENTORY PURPOSES Priority: Substantive, Nonsignificant Legal Authority: 15 USC 2601 et seq CFR Citation: 40 CFR 710 to 77 105 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Toxic Substances Control Act (TSCA) Proposed Rule Stage Legal Deadline: None Abstract: EPA is clarifying the guidance on chemical identification of certain statutory mixtures for purposes of the Toxics Substances and Control Act (TSCA) Chemical Substance Act Inventory (TSCA Inventory). For the initial reporting period that established the TSCA Inventory, EPA developed broad listing criteria ("category listings") for the complex reaction products known as statutory mixtures. These include ceramics, cements and frits. Since that time, there has been inconsistent guidance for manufacturers of such substances with regard to whether new chemical notification under Section 5 of TSCA was required for such new substances. Under this action, EPA will clarify which chemical substances comprise complex reaction products that fall under the "category listings" and which chemical substances (not currently on the TSCA Inventory) would be considered to be "new" chemical substances under TSCA and thus be subject to new chemical notification under TSCA Section 5. Timetable: Action Date FR Cite Draft Clarification 09/00/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 5421. URL For More Information: Agency Contact: David Schutz, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7405M, Washington, DC 20460 Phone: 202 564-9262 Fax: 202 564-9490 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 Email: schweer.greg@epa.gov RIN: 2070-AJ68 795. LEAD; CLEARANCE AND CLEARANCE TESTING REQUIREMENTS FOR 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 260l(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. Timetable: Action Date FR Cite NPRM Final Action 04/00/10 07/00/11 Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses Government Levels Affected: Federal, Local, State, Tribal Additional Information: SAN No. 5380; EPA Docket information: EPA-HQ- OPPT-2005-0049. URL For More Information: 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 Email: wheeler.cindy@epa.gov Michelle Price, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7404T, Washington, DC 20460 Phone: 202 566-0744 Email: price.michelle@epa.gov RIN: 2070-AJ57 796. MERCURY EXPORT BAN ACT; PROCEDURES FOR ESSENTIAL USE EXEMPTIONS Priority: Info./Admin./Other 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. Abstract: The Mercury Export Ban Act of 2008 amended section 12 of the Toxics Substances and Control Act (TSCA) 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. If the Administrator makes certain findings listed in the Act, the Administrator may grant exemptions to the ban through notice and comment rulemaking. The Agency intends to set out the procedures for an exporter to petition and the Agency to issue these exemptions. Please note that exemption requests themselves will be acted on through separate rulemakings, and will be covered by a separate entry in the Regulatory Agenda, as appropriate. Timetable: Action Date FR Cite Notice 12/00/10 106 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Toxic Substances Control Act (TSCA) Proposed Rule Stage 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. 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 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 797. • SIGNIFICANT NEW USE RULE; ELEMENTAL MERCURY USED IN BAROMETERS, MANOMETERS, HYGROMETERS, AND PSYCHROMETERS Priority: Other Significant Unfunded Mandates: Undetermined Legal Authority: 15 USC 2601 et seq CFR Citation: Not Yet Determined Legal Deadline: None Abstract: This proposed Significant New Use Rule (SNUR) would require persons to notify EPA at least 90 days before commencing the manufacture, import, or processing of elemental mercury for use in certain measuring devices, switches, sensors, gauges, thermocouples, gymnasum flooring, novelty items, and sports and recreation products. Historically, elemental mercury has been used in many industrial and consumer products, due to its unique properties. Use of elemental mercury in products 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 mercury use in products 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 SNUR for elemental mercury used in certain switches previously installed in motor vehicles. Two years later, in 2009, EPA proposed a second SNUR for elemental mercury used in flow meters, natural gas manometers, and pyrometers. See RIN 2070-AJ36. EPA has now identified more mercury-containing products that have cost-effective substitutes and are no longer manufactured. The effect of the rule is to require anyone who intends to re-commence manufacture of the named products to notify EPA 90 days prior to manufacture. 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. 5440. URL For More Information: www.epa.gov/oppt/existingchemicals Agency Contact: Sue Slotnick, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7404 T, Washington, DC 20460 Phone: 202 566-1973 Email: slotnick.sue@epa.gov Lynn Vendinello, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7404 T, Washington, DC 20460 Phone: 202 566-0514 Email: vendinello.lynn@epa.gov RIN:2070-AJ71 798. TEST RULE; CERTAIN NANOSCALE MATERIALS Priority: Other Significant Legal Authority: 15 USC 2603 TSCA 4 CFR Citation: 40 CFR 790 Legal Deadline: None Abstract: A Toxics Substances and Control Act (TSCA) Section 4(a) test rule may be needed to determine the health effects of certain multiwall carbon nanotubes and nanosized clays and alumina. The results of the tests that 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: Ken Moss, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7405M, Washington, DC 20460 Phone: 202 564-9232 Fax: 202 564-9490 Email: moss.kenneth@epa.gov RIN: 2070-AJ47 799. NANOSCALE MATERIALS; TSCA SECTION 8(A) REPORTING FOR 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 the Toxic Substances Control Act (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. 107 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Toxic Substances Control Act (TSCA) Proposed Rule Stage Timetable: Action Date FR Cite NPRM 12/00/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses Government Levels Affected: None Additional Information: SAN No. 5366. URL For More Information: \vwrwf.epa.gov/oppt/nano 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 Email: barkas.jessica@epa.gov RIN: 2070-AJ54 800. • NANOSCALE MATERIALS; SIGNIFICANT NEW USE RULE (SNUR) Priority: Other Significant Legal Authority: 15 USC 2604 CFR Citation: Not Yet Determined Legal Deadline: None Abstract: EPA is developing a significant new use rule (SNUR) under section 5(a)(2) of the Toxic Substances Control Act (TSCA) for nanoscale materials. This action would require persons who intend to manufacture, import, or process this/these chemical substance(s) for an activity that is designated as a significant new use by this proposed rule to notify EPA at least 90 days before commencing that activity. The required notification would provide EPA with the opportunity to evaluate the intended use and, if necessary, to prohibit or limit that activity before it occurs to prevent unreasonable risk to human health or the environment. Timetable: Action Date FR Cite NPRM 12/00/10 Small Entities Affected: Businesses Government Levels Affected: None Additional Information: SAN No. 5420. URL For More Information: wrwrwr.epa.gov/oppt/nano 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 Email: barkas.jessica@epa.gov RIN:2070-AJ67 801. SIGNIFICANT NEW USE RULE FOR GLYMES Priority: Substantive, Nonsignificant Legal Authority: 15 USC 2601 et seq 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) for 14 glymes: CAS Registry Numbers (CASRNs) 110-71-4, 111-96-6, 112-36-7, 112-49-2, 112-73-2, 112-98-1, 143-24-8, 629-14-1, 4353-28- 0, 23601-39-0, 24991-55-7, 31885-97-9, 51105-00-1, and 63512-36-7. This action would require persons who intend to manufacture, import, or process these chemical substances for an activity that is designated as a significant new use by this proposed rule to notify EPA at least 90 days before commencing that activity. The required notification would provide EPA with the opportunity to evaluate the intended use and, if necessary, to prohibit or limit that activity before it occurs. Timetable: Action Date FR Cite Regulatory Flexibility Analysis Required: No NPRM 08/00/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 5342. URL For More Information: www.epa.gov/oppt/existingchemicals Agency Contact: Amy Breedlove, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7405M, Washington, DC 20460 Phone: 202 564-9823 Fax: 202 564-4775 Email: breedlove.amy@epa.gov 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 802. 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 SNUR: Heavy 01/15/02 67 FR 1937 Metals NPRM Comment 02/14/02 Period End Final SNUR: Heavy 12/00/10 Metals Final: 2,4 12/00/11 Pentanedione Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses, Governmental Jurisdictions 108 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Toxic Substances Control Act (TSCA) Proposed Rule Stage Government Levels Affected: Federal, Local, State Additional Information: SAN No. 1923; EPA publication information: NPRM SNUR: Heavy Metals - http://frwebgate.access.gpo.gov/cgi-bin/ getdoc.cgi?dbname=2002 register&docid=02-963-filed.pdf. Sectors Affected: 325 Chemical Manufacturing; 32411 Petroleum Refineries URL For More Information: www.epa.gov/oppt/existingchemicals/ 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 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 803. • GENERAL EXEMPTIONS FROM REPORTING REQUIREMENTS FOR MICROORGANISMS; REVISIONS OF RECIPIENT ORGANISMS ELIGIBLE FOR TIER I AND TIER II EXEMPTIONS Priority: Substantive, Nonsignificant Legal Authority: 15 USC 2601 et seq CFR Citation: Not Yet Determined Legal Deadline: None Abstract: In 1997, EPA promulgated a final rule under section 5 of Toxics Substances and Control Act (TSCA) to establish the notification procedures for review of certain new microorganisms before they are introduced into commerce. "New" microorganisms are those formed by deliberate combinations of genetic material from organisms classified in different taxonomic genera. This review process is designed to prevent unreasonable risk of injury to human health and the environment without imposing unnecessary regulatory burdens on the biotechnology industry. The rule also established TSCA section 5(h)(4) exemptions from full reporting when 10 specific microorganisms are used as the recipient microorganisms for the introduced genetic material and placed requirements on these recipient microorganism, the introduced genetic material, and the physical containment (40 CFR 725, subpart G). The rule also established a mechanism (40 CFR 725.67) for the public to petition the Agency to propose additional recipient microorganisms for such exemptions. These regulations describe the appropriate supporting information that must be submitted with the petition to provide EPA with a starting point for determining whether the recipient should be listed as a candidate for the tiered exemption. EPA has received petitions to add two additional microorganisms to the eligible recipient microorganisms listed in 40 CFR 725.420 (Trichoderma reesei and Bacillus amyloliquefaciens). EPA is evaluating the information provided in these petitions. If, as result of this evaluation, EPA makes a preliminary determination that one or both of the two microorganisms will not present an unreasonable risk of injury to health or the environment, then EPA will propose a rule to grant the exemption petition for that microorganism(s). Timetable: Action Date FR Cite NPRM 12/00/10 Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: None Additional Information: SAN No. 5418. URL For More Information: www.epa.gov/oppt Agency Contact: Miriam Wigginslewis, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7405M, Washington, DC 20460 Phone: 202 564-9373 Email: wigginslewis.miriam@epa.gov Greg Schweer, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7405M, Washington, DC 20460 Phone: 202 564-8469 Email: schweer.greg@epa.gov RIN:2070-AJ65 804. TEST RULE; TESTING OF CERTAIN HIGH PRODUCTION VOLUME (HPV) CHEMICALS Priority: Substantive, Nonsignificant Legal Authority: 15 USC 2603 CFR Citation: 40 CFR 790 to 799 Legal Deadline: None Abstract: EPA is developing test rules under section 4(a) of the Toxic Substances Control Act (TSCA) to require testing and recordkeeping requirements for certain high production volume (HPV) chemicals (i.e., chemicals which are manufactured (including imported) in the aggregate at more than 1 million pounds on an annual basis) that have not been sponsored under the voluntary HPV Challenge Program. Although varied based on specific data needs for the particular chemical, the data generally collected under these rules may include: acute toxicity, repeat dose toxicity, developmental and reproductive toxicity, mutagenicity, ecotoxicity, and environmental fate. The first rule proposed testing for 37 HPV chemicals with substantial worker exposure. When finalized in 2006, the number of chemicals included in the first final rule was reduced to 17 based on new information on annual production volumes, worker exposure, and commitments to the voluntary HPV Challenge Program. A second proposed test rule that published in 2008 for 19 chemicals is expected to be finalized in 2010. A third proposed test rule that published in early 2010 for 29 chemicals is expected to be finalized in 2011. A fourth proposed test rule is expected in late 2010 for 46 chemicals. Timetable: Action Date FR Cite NPRM NPRM Comment Period End Final Rule Direct Final Rule 1; Revocation; Coke-Oven Light Oil (Coal) NPRM2 NPRM 2 Comment Period End NPRM3 NPRM 3 Comment Period End Final Rule 2 Direct Final Rule 1-2; Revocation 12/26/00 65 FR 81658 04/25/01 03/16/06 71 FR 13709 12/08/06 71 FR71058 07/24/08 73 FR 43314 10/22/08 02/25/10 75 FR 8575 05/26/10 05/00/10 10/00/10 109 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Toxic Substances Control Act (TSCA) Proposed Rule Stage Action Date FR Cite NPRM4 Final Actions 01/00/11 04/00/11 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 Docket information: EPA-HQ- OPPT-2005-0033; EPA-HQ-OPPT-2007- 0531; EPA-HQ-OPPT-2009-0112. 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 Email: campanella.paul@epa.gov John Schaeffer, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7405M, Washington, DC 20460 Phone: 202 564-8173 Fax: 202 564-4765 Email: schaeffer.john@epa.gov RIN: 2070-AD16 Environmental Protection Agency (EPA) Toxic Substances Control Act (TSCA) Final Rule Stage 805. LEAD; AMENDMENT TO THE OPT-OUT AND RECORDKEEPING PROVISIONS IN THE RENOVATION, REPAIR, AND PAINTING PROGRAM Priority: Economically Significant. Major under 5 USC 801. Legal Authority: 15 USC 260l(c); 15 USC 2682(c)(3); 15 USC 2684; 15 USC 2686;15 USC 2687 CFR Citation: 40 CFR 745 Legal Deadline: None Abstract: As part of a lawsuit settlement, EPA agreed 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. In October of 2008, EPA proposed amendments to the opt-out provision that currently exempts a renovator from the training and work practice requirements of the rule when 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 also proposed 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. In addition to the proposed amendments, EPA considered various minor amendments to the regulations concerning training provider accreditations, renovator certifications and State and tribal program requirements. Timetable: Action Date FR Cite NPRM NPRM Comment Period End Final Action 10/28/09 74 FR 55506 11/27/09 04/00/10 Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses Government Levels Affected: Federal, Local, State, Tribal Additional Information: SAN No. 5379; EPA publication information: NPRM - http://www.regulations.gov/search/ Regs/home.htmlidocumentDetail? R=0900006480a4cbOc; EPA Docket information: EPA-HQ-OPPT-2005-0049. URL For More Information: 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 Email: edmonds.marc@epa.gov Michelle Price, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7404T, Washington, DC 20460 Phone: 202 566-0744 Email: price.michelle@epa.gov RIN: 2070-AJ55 806. SIGNIFICANT NEW USE RULE FOR ELEMENTAL MERCURY IN FLOW METERS, MANOMETERS, AND PYROMETERS Priority: Other Significant 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 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 used 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. 110 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Toxic Substances Control Act (TSCA) Final Rule Stage Timetable: Action Date FR Cite NPRM NPRM Comment Period End Final Action 09/11/09 74 FR 46707 11/10/09 10/00/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 5238; EPA publication information: NPRM - http://www.epa.gov/fedrgstr/ EPA- TOX/2009/ September/Day- Il/t21894.htm. URL For More Information: wfwrwf.epa.gov/mercury 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, 7404 T, Washington, DC 20460 Phone: 202 566-0514 Email: vendinello.lynn@epa.gov RIN: 2070-AJ36 807. 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 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 standards of ASTM International, 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: Action Date FR Cite NPRM Direct Final Action 08/00/10 08/00/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 5340. URL For More Information: wrwrwr.epa.gov/mercury 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 Phone: 202 566-0507 Email: dodahara.hiroshi@epa.gov RIN: 2070-AJ51 808. SIGNIFICANT NEW USE RULES (SNURS); FOLLOW-UP RULES ON NON-5(E) NEW CHEMICAL SUBSTANCES Priority: Routine and Frequent Legal Authority: 15 USC 2601 et seq 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 NPRM: P-84-1056 NPRM: P-86-566 NPRM: Aluminum Cross-Linked Sodium Carboxymethyl cellulose Final: Aluminum Cross-Linked Sodium Carboxymethyl cellulose Final: P-84-1056 Final: P-86-566 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 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: wrwrwr.epa.gov/opptintr/newrchems/ 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 111 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Toxic Substances Control Act (TSCA) Final Rule Stage Greg Schweer, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7405M, Washington, DC 20460 Phone: 202 564-8469 Email: schweer.greg@epa.gov RIN: 2070-AA59 809. SIGNIFICANT NEW USE RULE (SNUR); CHEMICAL-SPECIFIC SNURS TO EXTEND PROVISIONS OF SECTION 5(E) ORDERS Priority: Routine and Frequent Legal Authority: 15 USC 2604 CFR Citation: 40 CFR 721 Legal Deadline: None Abstract: Section 5(a)(2) of the Toxic Substances Control Act (TSCA) authorizes EPA to determine that a use of a chemical substance is a "significant new use." After considering all relevant factors, including those listed in TSCA section 5(a)(2), EPA makes this determination by promulgating Significant New Use Rules (SNURs). These regulations require persons who intend to manufacture, import, or process a chemical substance contained in a SNUR for an activity that is designated as a significant new use to notify EPA at least 90 days before commencing that activity. The required notification will provide EPA with the opportunity to evaluate the intended use and, if necessary, to prohibit or limit that activity before it occurs. For chemicals which were the subject of premanufacture notices (PMNs) and for which EPA made a determination that the manufacture, processing, distribution, use or disposal may present an unreasonable risk, the Agency may issue a section 5(e) consent order to limit these activities. The Agency generally issues "5(e)" SNURs to extend the controls prescribed in these consent orders to other manufacturers and processors by designating the manufacture, processing, distribution, use or disposal of the substances without the specified controls as significant new uses. For chemicals which were the subject of PMNs, EPA may also promulgate "non- 5(e) SNURs" when the Agency did not find that the chemical's manufacture, processing, distribution, use or disposal, as described in the PMN, triggered the determinations set forth under TSCA section 5(e) but did find that certain changes in the chemical's manufacture, processing, distribution, use or disposal could result in increased exposures to or releases of the substance. Under the Expedited Follow-up Rule (EFUR), 40 CFR part 721, subpart D, EPA routinely issues batch direct final section 5(e) and non- 5(e) SNURs. (For the Fall 2010 Regulatory Agenda, the Agency intends to remove those items below that indicated a final issuance date.) Timetable: Action Date FR Cite Action Date FR Cite NPRM Modifications 09/00/10 Batch 10-01 Final: A kenyl Ether of 12/00/10 Alkanetriol Polymer (93-458) Final: Aromatic Amino 12/00/10 Ether (P90-1840) Final: Certain 12/00/10 Chemical Substances (91-1299/95-1667 91-129891-1297) Regulatory Flexibility Analysis Required: No 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 NPRM Reproposal for 2 Carbon Nanotubes NPRM Revocation Batch FY10-01 Direct Final Action Batch 10-01 NPRM for 1 Carbon Nanotube Direct Final Action Batch FY10-02 Final Action For 2 Carbon Nanotubes Final Action for 1 Carbon Nanotube Direct Final Action Batch FY10-03 Direct Final Action Batch FY10-04 06/06/94 59 FR29255 Small Entities Affected: Businesses Government Levels Affected: None 12/19/94 59 FR 65289 06/26/97 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 11/06/09 74 FR 57430 12/31/09 02/01/10 02/03/10 04/00/10 04/00/10 04/00/10 05/00/10 09/00/10 74 FR 69320 75 FR 4983 75 FR 5546 Additional Information: SAN No. 3495; EPA publication information: NPRM; Certain Chemical Substances — (P01- 759, P05-555, P07-283) - http://www.epa.gov/fedrgstr/ EPA- TOX/2008/June/Day-09/tl2862.pdf. Sectors Affected: 325 Chemical Manufacturing; 324 Petroleum and Coal Products Manufacturing URL For More Information: 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 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 810. SIGNIFICANT NEW USE RULE FOR CHLORANIL Priority: Other Significant 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 112 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Toxic Substances Control Act (TSCA) Final Rule Stage 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 Sec. 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 NPRM Original Reopening of Comment Period Comment Period End Final Action Date FR Cite 05/12/93 58 FR 27986 01/30/07 72 FR 4224 02/21/07 05/00/1 0 Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses Government Levels Affected: None Additional Information: SAN No. 1923.1; EPA publication information: Reopening of Comment Period - http://www.epa.gov/fedrgstr/ EPA- TOX/2007/ January/Day-30/tl413.htm; Split from RIN 2070-AA58; EPA Docket information: EPA—HQ—OPPT—2006— 0795. Agency Contact: Dwain Winters, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7404T, Washington, DC 20460 Phone: 202 566-1977 Fax: 202 566-0470 Email: winters.dwain@.epa.gov Brian Symmes, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7404T, Washington, DC 20460 Phone: 202 566-1983 Fax: 202 566-0470 Email: symmes.brian@epa.gov RIN: 2070-AJ31 811. TEST RULE; CERTAIN CHEMICALS ON THE ATSDR PRIORITY LIST OF HAZARDOUS SUBSTANCES Priority: Substantive, Nonsignificant Legal Authority: 15 USC 2603 TSCA 4 CFR Citation: 40 CFR 790 to 799 Legal Deadline: None Abstract: On October 20, 2006 (71 FR 61926), EPA proposed a Test Rule for Certain Chemicals on the Agency for Toxic Substances and Disease Registry (ATSDR)/EPA Comprehensive Environmental Response Compensation and Liability Act (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 ATSDR/EPA priority list of hazardous substances, which is compiled under the 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. This withdrawal, however does not preclude the Agency from initiating the same or similar rulemaking at a future date. 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. Timetable: Action Date FR Cite NPRM NPRM Extension of Comment Period NPRM Comment Period End NPRM Comment Period Extended End Notice 10/20/06 71 FR61926 12/18/06 71 FR 75704 12/19/06 03/19/07 05/00/10 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 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 113 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Toxic Substances Control Act (TSCA) Final Rule Stage 812. 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 1996 proposed Test Rule for Hazardous Air Pollutants 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 112(b)(l). 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 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. This withdrawal, however, does not preclude the Agency from initiating the same or similar rulemaking at a future date. EPA is currently developing efforts to strengthen the agency's chemical management program under the Toxics Substances and Control Act (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 using scientific information and data developed since the rule was proposed. Timetable: Action Date FR Cite Action Date FR Cite NPRM 06/26/96 61 FR33178 NPRM Comment 12/23/96 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 Notice 05/00/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses Government Levels Affected: Federal Additional Information: SAN No. 3487; EPA publication information: NPRM - http://www.epa.gov/fedrgstr/ EPA- TOX/1996/ June/Day-26/pr- 24153DIR/pr-24153.pdf. Sectors Affected: 325 Chemical Manufacturing; 32411 Petroleum Refineries URL For More Information: www.epa.gov/oppt/chemtest Agency Contact: John Schaeffer, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7405M, Washington, DC 20460 Phone: 202 564-8173 Fax: 202 564-4765 Email: schaeffer.john@epa.gov 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 813. 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 NPRM Comment Period End Final Action 02/19/10 75 FR 7428 03/22/10 10/00/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 5378; None. NPRM - http://www.regulations.gov/search/ Regs/home. htmlidocumentDetail? R=0900006480aa83c8. Agency Contact: Jessica Barkas, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7405M, Washington, DC 20460 Phone: 202 250-8880 Email: barkas.jessica@epa.gov RIN: 2070-AJ59 114 ------- Spring 2010 Semiannual Regulatory Agenda Environmental Protection Agency (EPA) Toxic Substances Control Act (TSCA) Long-Term Actions 814. ASBESTOS MODEL ACCREDITATION PLAN REVISIONS Priority: Substantive, Nonsignificant Legal Authority: 15 USC 2646 TSCA 206 CFR Citation: 40 CFR 763 Legal Deadline: None Abstract: The Asbestos School Hazard Abatement Reauthorization Act (ASHARA) amended TSCA to require that EPA revise its asbestos model accreditation plan (MAP) to extend training and accreditation requirements to include persons performing certain asbestos-related work in public or commercial buildings to increase the minimum number of training hours required for accreditation purposes and to effect other changes necessary to implement the amendments. On February 3, 1994, EPA issued an interim final rule to revise the asbestos MAP to clarify the types of persons who must be accredited to work with asbestos in schools and public or commercial buildings; to increase the minimum number of hours of training for asbestos abatement workers and contractor/supervisors, including additional hours of hands-on health and safety training; and to effect a variety of other necessary changes as mandated by section 15(a)(3) of the ASHARA. This interim final rule satisfied the statutory deadline. EPA will continue to consider finalizing the MAP rule and/or promulgating regulatory revisions to sunset current EPA MAP accreditations granted to training providers. Timetable: Action Date FR Cite Model Plan Interim Final Action Final Action 05/13/92 57 FR 20438 02/03/94 59 FR 5236 To Be Determined 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 815. • SHORT-CHAINED CHLORINATED PARAFFINS (SCCPS); REGULATION(S) UNDER TSCA Priority: Other Significant Unfunded Mandates: Undetermined Legal Authority: Not Yet Determined CFR Citation: Not Yet Determined Legal Deadline: None Abstract: EPA is initiating action under the Toxics Substances and Control Act (TSCA) to ban or restrict the manufacture, import, processing or distribution in commerce, export, and use of Short-Chained Chlorinated Paraffins (SCCPs). EPA is concerned with SCCPs because they are persistent, bioaccumulative, and toxic to aquatic organisms at low concentrations. They can remain in the environment for a significant amount of time and can bioaccumulate in animal tissues, increasing the probability and duration of exposure. Even relatively small releases of these chemicals from individual facilities that manufacture import, process or use these chemicals or releases from waste management facilities have the potential to accumulate over time to higher levels and cause significant adverse impacts on the environment. Timetable: Action Date FR Cite NPRM 07/00/11 Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined Federalism: Undetermined Additional Information: SAN No. 5429. URL For More Information: www.epa.gov/oppts Agency Contact: Marc Edmonds, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7404T, Washington, DC 20460 Phone: 202 566-0758 Email: edmonds.marc@epa.gov Michelle Price, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7404T, Washington, DC 20460 Phone: 202 566-0744 Email: price.michelle@epa.gov RIN: 2070-AJ69 816. 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 URL For More Information: www.epa.gov/oppt/existingchemicals/ 115 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Toxic Substances Control Act (TSCA) Long-Term Actions 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 817. 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 citizens' petition filed by the Environmental Defense Fund (EOF), Federation of Fly Fishers, Trumpeter Swan Society, and North American Loon Fund under section 21 of the Toxic Substances Control Act (TSCA), and the Administrative Procedure Act (APA). The petition asked EPA to initiate rulemaking proceedings under section 6 of TSCA to require that the sale of lead fishing sinkers be accompanied by an appropriate label or notice warning that such products are toxic to wildlife. In 1994, EPA proposed a rule under section 6(a) of TSCA to prohibit the manufacturing, processing, and distribution in commerce in the United States, of certain smaller size fishing sinkers containing lead and zinc, and mixed with other substances, including those made of brass. EPA intends to re-evaluate the 1994 proposal. Timetable: Action Date FR Cite 05/13/91 56 FR 22096 03/09/94 59 FR 11122 To Be Determined ANPRM NPRM Supplemental NPRM 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 Email: simpson.julie@epa.gov RIN: 2070-AC21 818. 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: Undetermined 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 amended the Toxic Substances Control Act (TSCA) to require 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 To Be 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. 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 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 Email: price.michelle@epa.gov RIN: 2070-AC64 819. • LEAD WHEEL WEIGHTS; REGULATORY INVESTIGATION Priority: Other Significant Unfunded Mandates: Undetermined Legal Authority: Not Yet Determined CFR Citation: Not Yet Determined Legal Deadline: None Abstract: In 2009, EPA initiated a proceeding under Toxics Substances and Control Act (TSCA) to investigate potential lead hazards associated with the manufacture, processing, and distribution in commerce of lead wheel balancing weights ("wheel weights"). Lead is highly toxic, especially to young children. According to a U.S. Geological Survey study in 2003, 65,000 tons of lead wheel weights were in use in the United States and approximately 2,000 tons of these weights were lost from vehicles into the environment. Voluntary actions on the part of U.S. auto manufactures and an European Union ban on their use has reduced the number of lead wheel weights, but they continue to be the predominate product in the tire replacement market. 116 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Toxic Substances Control Act (TSCA) Long-Term Actions Timetable: Action Date FR Cite NPRM 05/00/11 Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Local, State, Tribal Federalism: Undetermined Additional Information: SAN No. 5398. URL For More Information: \vwrwf.epa.gov/lead Agency Contact: Mark Henshall, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7404T, Washington, DC 20460 Phone: 202 566-0523 Fax: 202 566-0471 Email: henshall.mark@epa.gov Michelle Price, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7404T, Washington, DC 20460 Phone: 202 566-0744 Email: price.michelle@epa.gov RIN: 2070-AJ64 820. MERCURY; REGULATION OF USE IN CERTAIN PRODUCTS Priority: Other Significant. Major status under 5 USC 801 is undetermined. Unfunded Mandates: Undetermined 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 Toxic Substances Control Act (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 08/00/11 Regulatory Flexibility Analysis Required: Undetermined Small Entities Affected: Businesses 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. 5312. URL For More Information: wrwrwr.epa.gov/mercury 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, 7404 T, Washington, DC 20460 Phone: 202 566-0514 Email: vendinello.lynn@epa.gov RIN:2070-AJ46 821. 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 poly chlorinated biphenyls (PCBs) upon finding that 1) no unreasonable risk to health or the environment will occur, and 2) good faith efforts have been made by the petitioner to develop a substitute for PCB which does not pose an unreasonable risk of injury to health or the environment. This Regulatory Agenda entry is intended to capture petitions that request an exemption to use PCBs. These petitions are managed by the Office of Pollution Prevention and Toxics. Petitions that request an exemption to dispose of PCBs are managed by the Office of Solid Waste, and are captured by a separate Regulatory Agenda entry. Currently, no petitions are pending. Timetable: Action Date FR Cite NPRM To Be Determined Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Undetermined Additional Information: SAN No. 2150 URL For More Information: www.epa.gov/pcb Agency Contact: Peter Gimlin, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7404T, Washington, DC 20460 Phone: 202 566-0515 Email: gimlin.peter@epa.gov Lynn Vendinello, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7404 T, Washington, DC 20460 117 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Toxic Substances Control Act (TSCA) Long-Term Actions Phone: 202 566-0514 Email: vendinello.lynn@epa.gov Related RIN: Previously reported as 2070-AB20 RIN: 2070-AJ39 822. 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 Food and Drug Administration (FDA) appear to be subject to TSCA. Such animals may be genetically improved livestock for commercial purposes. The policy statement would address whether EPA should exercise jurisdiction under TSCA over such transgenic organisms prior to their commercial use. Timetable: Action Date FR Cite NPRM To Be Determined Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses, Organizations Government Levels Affected: Federal Additional Information: SAN No. 4598. URL For More Information: Agency Contact: Ken Moss, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7405M, Washington, DC 20460 Phone: 202 564-9232 Fax: 202 564-9490 Email: moss.kenneth@epa.gov RIN: 2070-AD53 823. 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 2008, EPA initiated a proceeding under Toxics Substance and Control Act (TSCA) to investigate risks posed by formaldehyde emitted from pressed wood products. The advance notice of proposed rulemaking (ANPRM) sought to engage stakeholders to contribute to obtaining a better understanding of the available control technologies and approaches, industry practices, and the implementation of California's regulations. EPA also plans to conduct an industry survey and initiate development of an exposure assessment and an irritation hazard characterization that could be used for evaluating emissions standards or other approaches. Subsequently, EPA plans to develop an irritation risk assessment and will analyze potential costs and benefits. At the conclusion of this work, EPA 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 continue to engage the public and stakeholders. Timetable: Action Date FR Cite 12/03/08 73 FR 73621 01/30/09 74 FR 5632 02/02/09 ANPRM ANPRM Comment Period Extended ANPRM Comment Period End ANPRM Comment 03/19/09 Period Extended To Notice/NPRM 07/00/12 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. URL For More Information: www.epa.gov/opptintr/chemtest/ form aldehyde/index.html Agency Contact: Cindy Wheeler, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7404T, Washington, DC 20460 Phone: 202 566-0484 Email: wheeler.cindy@epa.gov Lynn Vendinello, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7404 T, Washington, DC 20460 Phone: 202 566-0514 Email: vendinello.lynn@epa.gov RIN: 2070-AJ44 824. TESTING OF 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 Toxics Substances and Control Act (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 118 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Toxic Substances Control Act (TSCA) Long-Term Actions 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: Mike Mattheisen, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7405M, Washington, DC 20460 Phone: 202 564-3077 Fax: 202 564-4765 Email: mattheisen.mike@epa.gov RIN: 2070-AB94 825. 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 Toxics Substances and Control Act (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 Organisation for Economic Co-Operation and Development (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 Test Rule for some or all of the subject chemicals and for which endpoints they should be tested. Timetable: Action Date FR Cite 03/04/91 56 FR 9092 To Be Determined NPRM Original NPRM—Reproposal Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses Government Levels Affected: Federal Additional Information: SAN No. 4395. Sectors Affected: 325 Chemical Manufacturing; 32411 Petroleum Refineries URL For More Information: www.epa.gov/oppt/chemtest Agency Contact: Catherine Roman, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7405M, Washington, DC 20460 Phone: 202 564-8172 Fax: 202 564-4765 Email: roman.catherine@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 826. 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 test rule under section 4 of the Toxics Substances and Control Act (TSCA) 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 Organisation for Economic Co-Operation and Development (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. 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 119 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Toxic Substances Control Act (TSCA) Long-Term Actions 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: schaeffer.john@epa.gov RIN: 2070-AJ07 827. 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 citizens' 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 publication information: ANPRM - http://www.epa.gov/fedrgstr/ EPA- TOX/2009/June/Day-17/tl4250.pdf; 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: schaeffer.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 828. 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 Final Rule for 55th, 08/16/06 71 FR 47122 56th and 58th ITC Lists Final Action—Next To Be Determined ITC List 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 Email: schaeffer.john@epa.gov RIN: 2070-AB08 829. TSCA SECTION 8(D) HEALTH AND SAFETY DATA REPORTING RULES Priority: Routine and Frequent Legal Authority: 15 USC 2607(d) "TSCA 8(d)" 120 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Toxic Substances Control Act (TSCA) Long-Term Actions 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—Next To Be Determined ITC List 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: browfn.gerry@epa.gov John Schaeffer, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7405M, Washington, DC 20460 Phone: 202 564-8173 Fax: 202 564-4765 Email: schaeffer.john@epa.gov RIN: 2070-ABll 830. • TSCA REPORTING REQUIREMENTS; MINOR REVISIONS Priority: Substantive, Nonsignificant Legal Authority: 15 USC 2601 et seq CFR Citation: 40 CFR 799 Legal Deadline: None Abstract: EPA is proposing to make minor changes to three existing reporting requirements under Toxic Substances Control Act to reduce reporting burdens and to clarify reporting to provide for quicker review of health and environmental data for more effective protection of public health and the environment. Specifically, the changes involve 40 CFR 790.5, entitled "Submission of Information"; 40 CFR 792.185, entitled "Reporting of Study Results"; and 40 CFR 712.28, entitled "Forms and Instructions." The changes under consideration include the elimination of the requirement for six copies to be submitted; the addition of a requirement for including "Robust Summaries" of test results with the submission of test data; and the use of the Inventory Update Rule Form to format the submission of preliminary assessment information in response to chemical information rules. Timetable: Action Date FR Cite NPRM 05/00/11 Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses Government Levels Affected: None Federalism: Undetermined Additional Information: SAN No. 5401. URL For More Information: www.epa.gov/opptintr/chemtest/pubs/ sct4rule.html 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: browfn.gerry@epa.gov Mike Matthiesien, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7405M, Washington, DC 20460 Phone: 202 564-1253 Fax: 202 564-4765 Email: mattheisen.mike@epa.gov RIN: 2070-AJ63 831. 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 to 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 06/00/12 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 121 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Toxic Substances Control Act (TSCA) Long-Term Actions Fax: 202 566-0471 Email: wilkins.john@epa.gov Cindy Wheeler, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7404T, Washington, DC 20460 Phone: 202 566-0484 Email: wfheeler.cindy@epa.gov RIN: 2070-AD64 832. 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 05/00/11 Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: None Additional Information: SAN No. 4975. URL For More Information: www.epa.gov/oppts 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 Email: schweer.greg@epa.gov RIN: 2070-AJ15 Environmental Protection Agency (EPA) Toxic Substances Control Act (TSCA) Completed Actions 833. POLYCHLORINATED BIPHENYLS (PCBS); MANUFACTURING (IMPORT) EXEMPTION FOR DISPOSAL Priority: Substantive, Nonsignificant Legal Authority: 15 USC 2605 TSCA 6(e)(3)(B) CFR Citation: 40 CFR 761 Legal Deadline: None Abstract: Section 6(e)(3)(B) of the Toxic Substances Control Act (TSCA) provides that the Administrator may grant, by rule, exemptions from the prohibitions against manufacturing, processing and distribution in commerce of PCBs upon finding that 1) no unreasonable risk to health or the environment will occur, and 2) good faith efforts have been made by the petitioner to develop a substitute for PCB which does not pose an unreasonable risk of injury to health or the environment. This entry is intended to capture petitions that request an exemption to dispose of PCBs. These petitions are managed by the Office of Resource Conservation and Recovery. Any petitions for exemptions to manufacture PCBs other than for disposal are still managed by the Office of Pollution Prevention and Toxics, and are captured by a separate Regulatory Agenda entry. On November 14, 2006, Veolia ES Technical Solutions, L.L.C., (Veolia) submitted a rulemaking petition to the U.S. Environmental Protection Agency (EPA) requesting to import up to 20,000 tons of PCB waste from Mexico for disposal at Veolia's TSCA-approved facility in Port Arthur, Texas. Based on the information available at that time, EPA proposed to grant Veolia's request in the proposed rule, Polychlorinated Biphenyls: Manufacturing (Import) Exemption for Veolia ES Technical Solutions, LLC. Since that time, Veolia submitted a request to withdraw its petition from the rulemaking process. Due to this request, EPA withdrew the proposed rule on January 22, 2010. EPA will not take any further action regarding this petition. Timetable: Action Date FR Cite Action Date FR Cite NPRM: Veolia Petition 03/06/08 73 FR 12053 NPRM Comment 04/21/08 Period End Extension of Comment 04/21/08 73 FR 21299 Period Notice Notice of Informal 05/19/08 73 FR 28786 Public Hearing NPRM Comment 06/05/08 Period End Withdrawal Notice: 01 /29/10 75 FR 4759 Veolia Petition 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-2 008-012 3. 122 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Toxic Substances Control Act (TSCA) Completed Actions URL For More Information: www.epa.gov/waste/hazard/tsd/pcbs/ pubs/veolia.htm 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 834. 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 02/24/10 75 FR 8266 Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses Government Levels Affected: None Additional Information: SAN No. 4984; EPA publication information: Notice; Proposed Clarification - http://www.epa.gov/fedrgstr/ EPA- TOX/2008/January/Day-16/t681.pdf; EPA Docket information: EPA-HQ- OPPT-2007-0392. URL For More Information: www.epa.gov/opptintr/newchems/ pubs/invntory.htm Agency Contact: David Schutz, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7405M, Washington, DC 20460 Phone: 202 564-9262 Fax: 202 564-9490 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 Email: schweer.greg@epa.gov RIN: 2070-AJ21 835. 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 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 NPRM NPRM Comment Period End Final Action Date FR Cite 03/07/06 71 FR 11 485 05/08/06 01/27/10 75 FR 4295 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: wf\vwr.epa.gov/oppt/newfchems Agency Contact: Geraldine Hilton, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7405M, Washington, DC 20460 123 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Toxic Substances Control Act (TSCA) Completed Actions 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 Email: schweer.greg@epa.gov RIN: 2070-AD58 836. 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; 40 CFR 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 01/06/10 75FR773 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 5270; EPA publication information: NPRM - http://www.epa.gov/fedrgstr/ EPA- TOX/2008/ December/Day - 22/t30379.htm; EPA Docket information: EPA-HQ-OPPT-2008-0296. URL For More Information: wrwfwf.epa.gov/oppt/newfchems 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 Email: schweer.greg@epa.gov RIN: 2070-AJ41 Environmental Protection Agency (EPA) Emergency Planning and Community Right—to—Know Act (EPCRA) Proposed Rule Stage 837. 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: Email: jacob.sicy@epa.gov RIN: 2050-AF08 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. 4753. Agency Contact: Kathy Franklin, Environmental Protection Agency, Solid Waste and Emergency Response, 5104A, Washington, DC 20460 Phone: 202 564-7987 Fax: 202 564-2625 Email: franklin.kathy@epa.gov Sicy Jacob, Environmental Protection Agency, Solid Waste and Emergency Response, 5104A, Washington, DC 20460 Phone: 202 564-8019 Fax: 202 564-2625 838. 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. 124 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Emergency Planning and Community Right—to—Know Act (EPCRA) Proposed Rule Stage Timetable: Action Date FR Cite Response 02/00/1 1 Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses Government Levels Affected: Federal Additional Information: SAN No. 2425.3; Split from RIN 2025-AAOO. Formerly listed as RIN 2070-ACOO. Statutory deadline: Within 180 days of receipt the Agency must either initiate rulemaking or explain why not in the Federal Register. Manufacturing industries in SIC codes 20-39 plus the following industries and SIC codes: Metal Mining (SIC code 10 except SIC codes 1011, 1081, and 1094); Coal Mining (SIC code 12 except SIC code 1241); Electric Utilities (SIC codes 4911, 4931, 4939); Commercial Hazardous Waste Treatment (SIC code 4953); Chemicals and Allied Products- Wholesale (SIC code 5169); Petroleum Bulk Terminals and Plants (SIC code 5171); and, Solvent Recovery Services (SIC code 7389). URL For More Information: 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 839. 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 Final Action 04/00/10 To Be Determined Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses Government Levels Affected: Federal, State 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 840. 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 Emergency Planning and Community Right to Know Act (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 02/00/11 Regulatory Flexibility Analysis Required: Undetermined Small Entities Affected: Businesses Government Levels Affected: None 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 125 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Emergency Planning and Community Right—to—Know Act (EPCRA) Proposed Rule Stage (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); EPA Docket information: EPA-HQ-OEI-2 009-045 3. URL For More Information: www.epa.gov/tri/programs/mining/ index.htm 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 Environmental Protection Agency (EPA) Emergency Planning and Community Right—to—Know Act (EPCRA) Final Rule Stage 841. TRI: INTENT TO CONSIDER LIFTING ADMINISTRATIVE STAY REGARDING HYDROGEN SULFIDE REPORTING REQUIREMENTS; OPPORTUNITY FOR PUBLIC COMMENT Priority: Substantive, Nonsignificant 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 consider lifting the administrative stay. Timetable: Action Date FR Cite Notice Final Action 02/26/10 75 FR 8889 12/00/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal 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 842. TOXICS RELEASE INVENTORY (TRI) ARTICLES EXEMPTION CLARIFICATION RULE Priority: Substantive, Nonsignificant Legal Authority: 42 USC 11023 et seq; 42 USC 13106 et seq CFR Citation: 40 CFR 372.38(b) Legal Deadline: None Abstract: Toxics Release Inventory (TRI) reporting is required by Section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA) and section 6607 of the Pollution Prevention Act. 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 372.38(b).] EPA believes that language contained in the regulation and subsequent guidance should be clarified for the regulated community concerning what items qualify as articles and are therefore exempt from TRI threshold determinations, TRI release and other waste management calculations and reporting. 126 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Emergency Planning and Community Right—to—Know Act (EPCRA) Final Rule Stage Timetable: Action Date FR Cite NPRM NPRM Comment Period End Final Action 08/24/09 74 FR 42625 10/23/09 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 843. 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 RIN 2050-AE17. Agency Contact: Sicy Jacob, Environmental Protection Agency, Solid Waste and Emergency Response, 5104A, Washington, DC 20460 Phone: 202 564-8019 Fax: 202 564-2625 Email: jacob.sicy@epa.gov RIN: 2050-AG40 844. TRI; RESPONSE TO PETITION TO DELETE CHROMIUM, ANTIMONY, AND TITANATE FROM THE METAL COMPOUND CATEGORIES LISTED ON THE TOXICS RELEASE INVENTORY Priority: Substantive, Nonsignificant Legal Authority: 42 USC 11013 EPCRA 313 CFR Citation: 40 CFR 372 Legal Deadline: None Abstract: This action was suspended on May 22, 2007 at the request of the petitioner. If resumed, this action will respond to a petition received by EPA to delete chromium, antimony, titanate from the list of toxic chemicals reportable under section 313 of the Emergency Planning and Community Right to Know Act (EPCRA). EPA will respond to the petition by either granting or denying the petition. If EPA grants the petition a notice of proposed rulemaking will be published in the Federal Register, if EPA denies the petition a notice of petition denial will be published. Chromium, antimony, titanate is reportable under the chromium and antimony compound categories, the deletion of this chemical would eliminate all the reporting requirements under the Toxic Chemical Release Reporting Rule. 127 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Emergency Planning and Community Right—to—Know Act (EPCRA) Long-Term Actions 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: www.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-AA16 845. 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 Comment Period End Notice of Data Availability Final Action 12/04/00 06/14/05 70 FR 34437 To Be Determined Action Date FR Cite NPRM Original 09/05/00 65 FR 53681 Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses Government Levels Affected: Federal, State Additional Information: SAN No. 2425.1; EPA publication information: Notice of Data Availability - http://www.epa.gov/fedrgstr/ EPA- WASTE/2005/June/Day-14/fll664.htm; Split from RIN 2025-AAOO. Formerly listed as RIN 2070-ACOO. Statutory deadline: Within 180 days of receipt the Agency must either initiate rulemaking or explain why not in the Federal Register. Manufacturing industries in SIC codes 20-39 plus the following industries and SIC codes: Metal Mining (SIC code 10 except SIC codes 1011, 1081, and 1094); Coal Mining (SIC code 12 except SIC code 1241); Electric Utilities (SIC codes 4911, 4931, 4939); Commercial Hazardous Waste Treatment (SIC code 4953); Chemicals and Allied Products- Wholesale (SIC code 5169); Petroleum Bulk Terminals and Plants (SIC code 5171); and, Solvent Recovery Services (SIC code 7389). Facilities included in the following NAICS manufacturing codes (corresponding to SIC codes 20 through 39): 311*,312*, 313*, 314*, 315*, 316, 321, 322, 323*, 324, 325*, 326*, 327, 331, 332, 333, 334*, 335*, 336, 337*, 339*,111998*, 211112*, 212234*, 212235*, 212393*, 212399*, 488390*, 511110, 511120, 511130, 511140*, 511191,511199, 511220, 512230*, 516110*, 541710*, or 811490*. *Exceptions and/or limitations exist for these NAICS codes. Facilities included in the following NAICS codes (corresponding to SIC codes other than SIC codes 20 through 39): 212111, 212112, 212113 (correspond to SIC 12, Coal Mining (except 1241)); or 212221, 212222, 212231, 212234, 212299 (correspond to SIC 10, Metal Mining (except 1011, 1081, and 1094)); or 221111, 221112, 221113,221119, 221121, 221122 (Limited to facilities that combust coal and/or oil for the purpose of generating power for distribution in commerce) (correspond to SIC 4911, 4931, and 4939, Electric Utilities); or 424690, 128 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Emergency Planning and Community Right—to—Know Act (EPCRA) Long-Term Actions 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-AA17 Environmental Protection Agency (EPA) Resource Conservation and Recovery Act (RCRA) Proposed Rule Stage 846. 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: 42 USC 69l2(a); 42 USC 6921; 42 USC 6924; 42 USC 6925(j) CFR Citation: 40 CFR 261; 40 CFR 264; 40 CFR 268; 40 CFR 271; 40 CFR 302 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 the management of coal combustion residuals that are 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 the Resource Conservation and Recovery Act (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. 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 residuals 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. Timetable: Action NODA NPRM Date 08/29/07 04/00/10 FR Cite 72 FR 4971 4 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://www.epa.gov/fedrgstr/ EPA- WASTE/2007/August/Day- 29/fl7138.pdf. 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, 5304P, Washington, DC 20460 Phone: 703 308-8431 Fax: 703 605-0595 Email: souders.steve@epa.gov RIN: 2050-AE81 847. IDENTIFICATION OF NON-HAZARDOUS SECONDARY MATERIALS THAT ARE SOLID WASTES Priority: Other Significant Legal Authority: 42 USC 6903(27) CFR Citation: 40 CFR 241 Legal Deadline: NPRM, Judicial, April 15, 2010. Final, Judicial, December 16, 2010. Abstract: The Agency is proposing to define which non-hazardous secondary materials burned 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 burns the secondary material would be subject to CAA section 129 requirements. The meaning of "solid waste" as defined under RCRA is important because CAA section 129, which regulates emissions from sources that combust solid wastes, states that the term "solid waste" shall have the meaning "established by the Administrator [pursuant to RCRA]." Timetable: Action Date FR Cite ANPRM 01/02/09 74 FR 41 ANPRM Comment 02/02/09 Period End NPRM 04/00/10 Final Action 12/00/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses Government Levels Affected: Federal, Local, State, Tribal 129 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Resource Conservation and Recovery Act (RCRA) Proposed Rule Stage 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: www.epa.gov/epawaste/index.htm Agency Contact: Marc Thomas, Environmental Protection Agency, Solid Waste and Emergency Response, 1806A, Washington, DC 20460 Phone: 703 308-0023 Fax: 202 501-0661 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 848. 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 268; 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@epamail.epa.gov Robert Kayser, Environmental Protection Agency, Solid Waste and Emergency Response, 5304P, Washington, DC 20460 Phone: 703 308-7304 Fax: 703 308-0514 Email: kayser.robert@epamail.epa.gov RIN: 2050-AG55 849. • HAZARDOUS WASTE MANAGEMENT SYSTEMS: IDENTIFICATION AND LISTING OF HAZARDOUS WASTE: CARBON DIOXIDE (CO2) INJECTATE IN GEOLOGICAL SEQUESTRATION ACTIVITIES Priority: Other Significant. Major status under 5 USC 801 is undetermined. Unfunded Mandates: Undetermined Legal Authority: Not Yet Determined CFR Citation: 40 CFR 261.4 Legal Deadline: None Abstract: On July 25, 2008, EPA published a proposed rule under the Safe Drinking Water Act Underground Injection Control Program to create a new class of injection well (Class VI) for geological sequestration (GS) of carbon dioxide (CO2). 73 FR 43492. In response to that proposal, EPA received numerous comments asking for clarification on how the Resource Conservation and Recovery Act (RCRA) hazardous waste requirements apply to CO2 streams. EPA is now considering a proposed rule under RCRA to explore options such as a conditional exemption from the RCRA requirements for hazardous CO2 streams in order to facilitate implementation of GS while protecting human health and the environment. Timetable: Action Date FR Cite NPRM 09/00/10 Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Federal, State, Tribal Additional Information: SAN No. 5441. Agency Contact: Ross Elliott, Environmental Protection Agency, Solid Waste and Emergency Response, 5304P, Washington, DC 20460 Phone: 703 308-8748 Fax: 703 605-0594 Email: elliott.ross@epamail.epa.gov Mark Baldwin, Environmental Protection Agency, Solid Waste and Emergency Response, 5304P, Washington, DC 20460 Phone: 703 308-0157 Email: baldwin.mark@epamail.epa.gov RIN: 2050-AG60 850. HAZARDOUS WASTE TECHNICAL CORRECTIONS AND CLARIFICATIONS RULE Priority: Substantive, Nonsignificant 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 130 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Resource Conservation and Recovery Act (RCRA) Proposed Rule Stage 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. Timetable: Action NPRM Direct Final Action NPRM Comment Period End Date FR Cite 03/18/10 75 FR 13066 03/18/10 75 FR 12989 05/03/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 5310. Agency Contact: Jim OLeary, Environmental Protection Agency, Solid Waste and Emergency Response, 5304P, Washington, DC 20460 Phone: 703 308-8827 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 851. WITHDRAWAL OF EXPANSION OF RCRA COMPARABLE FUELS EXCLUSION Priority: Substantive, Nonsignificant Legal Authority: 42 USC 6924 CFR Citation: 40 CFR 261.38 Legal Deadline: None Abstract: EPA proposed to withdraw the conditional exclusion from regulations promulgated on December 19, 2008, under subtitle C of the Resource Conservation and Recovery Act (RCRA) for so-called Emission Comparable Fuel (ECF). These are fuels produced from hazardous secondary materials which, when burned in industrial boilers under specified conditions, generate emissions that are comparable to emissions from burning fuel oil in those boilers. EPA proposed to withdraw this conditional exclusion because ECF appears to be better regarded as being a discarded material and regulated as a hazardous waste. The exclusions for comparable fuel and synthesis gas fuel are not addressed or otherwise affected by this proposed rule. EPA is considering finalizing this rule. Timetable: Action Date FR Cite NPRM NPRM Comment Period End Final Action 12/08/09 74 FR 64643 01/22/10 05/00/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses Government Levels Affected: None Additional Information: SAN No. 4977.1; EPA publication information: NPRM - http://www.regulations.gov/search/ Regs/home.htmlidocumentDetail? R=0900006480a666el; Split from RIN 2050-AG24; EPA Docket information: EPA-HQ-RCRA-2005-0017. URL For More Information: www.epa.gov/epaoswer/hazwaste/ combust/comp fuels/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 Environmental Protection Agency (EPA) Resource Conservation and Recovery Act (RCRA) Long-Term Actions 852. EPISODIC GENERATION RULEMAKING Priority: Substantive, Nonsignificant Legal Authority: 42 USC 6922 (a) CFR Citation: 40 CFR 262 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 To Be Determined 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 131 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Resource Conservation and Recovery Act (RCRA) Long-Term Actions 853. REVISIONS TO THE COMPREHENSIVE GUIDELINE FOR PROCUREMENT OF PRODUCTS CONTAINING RECOVERED MATERIALS Priority: Substantive, Nonsignificant Legal Authority: 42 USC 6912(a) CFR Citation: 40 CFR 247 Legal Deadline: None Abstract: RCRA section 6002 requires EPA to prepare procurement guidelines that designate items that are or can be made with recovered materials and to issue recommendations for government procurement of these items. Once designated, procuring agencies are required to purchase these items with the highest percentage of recovered materials practicable. Government procurement of EPA-designated items containing recovered materials fosters markets for recovered materials and, thereby, closes the recycling loop. To date, EPA has designated 61 items under five Comprehensive Procurement Guidelines (CPGl, CPG2, CPG3, CPG4 and CPG5). EPA has also issued a Recovered Materials Advisory Notice (RMAN) with each CPG that provides recommendations on buying the designated items. E.O. 13423 requires EPA to review existing CPG product designations for effectiveness, obsolescence, and consistency with the biobased products designation program, environmentally preferable purchasing program, and Energy Star and FEMP- designated energy efficient products program. A CPG for nylon carpet was originally proposed with CPG4, but not yet finalized because more information was needed. A Notice of Data Availability was issued asking for that information. EPA is evaluating the comments and considering how to proceed with the CPG for nylon carpet. Timetable: Action NPRM-CPG1 Final CPG1 NPRMCPG2 Final CPG2 NPRM-CPG3 Final-CPG3-RMAN3 NPRMCPG4 NODA on Nylon Carpet NPRM-CPG5 Final-CPG4-RMAN4 Final CPG 5 Final CPG for Nylon Carpet Date 04/20/94 05/01/95 11/07/96 11/13/97 08/26/98 01/19/00 08/28/01 07/1 6/03 12/10/03 04/30/04 09/1 4/07 To Be FR Cite 59 FR 18892 60 FR 21 370 61 FR 57748 62 FR 60962 63 FR 45558 65 FR 3069 66 FR 45256 68 FR 42040 68 FR 6881 3 69 FR 24028 72 FR Determined Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal Additional Information: SAN No. 3545; EPA publication information: NODA on Nylon Carpet - http://frwebgate.access.gpo.gov/cgi-bin/ getdoc.cgi?dbname=2003 register &docid=frl6jy03-84.pdf; EPA Docket information: EPA-HQ-RCRA-2003-0013; EPA-HQ-RCRA-2001-0047. Sectors Affected: 92119 All Other General Government; 92111 Executive Offices URL For More Information: wf\vwr.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 Elizabeth Resek, Environmental Protection Agency, Solid Waste and Emergency Response, 5306P, Washington, DC 20460 Phone: 703 347-0391 Fax: 703 308-8686 Email: resek.elizabeth@epa.gov RIN: 2050-AE23 854. 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 Regulatory Determination NPRM Notice - Extend 02/07/95 60 FR 7366 08/20/99 64 FR 45632 10/28/99 64 FR 58022 Comment Period NPRM Comment 11/18/99 Period End NoDA1 07/25/02 67 FR 48648 Extension of Comment 11/08/02 67 FR 68130 Period End Comment Period End 12/09/02 Final Action To Be Determined Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Undetermined 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, 5304P, 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, 5304P, Washington, DC 20460 Phone: 703 308-8431 Fax: 703 605-0595 Email: souders.steve@epa.gov RIN: 2050-AE34 132 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Resource Conservation and Recovery Act (RCRA) Long-Term Actions 855. 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: Federal, Local, State, Tribal Additional Information: SAN No. 5274. URL For More Information: www.epa.gov/epawaste/nonhaz/ industrial/special/fossil/index.htm Agency Contact: Bonnie Robinson, Environmental Protection Agency, Solid Waste and Emergency Response, 5304P, Washington, DC 20460 Phone: 703 308-8429 Fax: 703 308-8686 Email: robinson.bonnie@epamail.epa.gov RIN: 2050-AG45 856. 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 April 18, 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 2010 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 NODA 2 Final Action 05/22/01 66 FR 28240 08/20/01 04/01/04 69 FR 17145 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, Local, State, Tribal 133 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Resource Conservation and Recovery Act (RCRA) Long-Term Actions Additional Information: SAN No. 3147.1; EPA publication information: NPRM Original - http://www.gpo.gov/su docs/aces/fr- cont.html; Split from RIN 2050-AE21; EPA Docket information: EPA-HQ- RCRA-2001-0032. Sectors Affected: 325 Chemical Manufacturing; 2211 Electric Power Generation, Transmission and Distribution; 332 Fabricated Metal Product Manufacturing; 2122 Metal Ore Mining; 2111 Oil and Gas Extraction; 326 Plastics and Rubber Products Manufacturing; 331 Primary Metal Manufacturing; 323 Printing and Related Support Activities; 3221 Pulp, Paper, and Paperboard Mills; 482 Rail Transportation; 484 Truck Transportation; 5621 Waste Collection; 56221 Waste Treatment and Disposal; 483 Water Transportation URL For More Information: wrwrwf.epa.gov/epaoswrer/hazwraste/ 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 857. 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 requirements for treatment, storage and disposal facilities 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 12/02/08 73 FR 73520 02/02/08 NPRM NPRM Comment Period End Extension of Comment 01/30/09 74 FR 5633 Period Comment Period End 03/04/09 Final Action 04/00/11 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal, Local, State 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: www.epa.gov/wastes/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 858. 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 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 11/20/03 68 FR 65586 02/18/04 10/27/09 74 FR 55163 NPRM NPRM Comment Period End Notice of Data Availability Extension of Comment 12/15/09 74 FR 66259 Period Comment Period End 02/26/10 Final Action 07/00/11 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.regulations.gov/search/ Regs/home.htmhdocument Detail?R= 09000064800elOel; EPA Docket information: EPA-HQ-RCRA-2003-0004. 134 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Resource Conservation and Recovery Act (RCRA) Long-Term Actions 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/ ep a waste/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 859. 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, the Environmental Protection Agency 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: 703 605-0594 Email: elliott.ross@epamail.epa.gov RIN: 2050-AG34 860. 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 861. 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. 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, Local, State Additional Information: SAN No. 4920.1; EPA publication information: 135 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Resource Conservation and Recovery Act (RCRA) Long-Term Actions 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 862. 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) Resource Conservation and Recovery Act (RCRA) Completed Actions 863. 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 WASTE 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.l(j) Legal Deadline: None Abstract: The Agency revised the Resource Conservation and Recovery Act (RCRA) regulation 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 amended 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 amended the 136 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Resource Conservation and Recovery Act (RCRA) Completed Actions 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 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal Solid Waste and Emergency Response, 5304P, Washington, DC 20460 Phone: 703 308-0005 Fax: 703 308-0514 Email: coughlan.laura@epa.gov vvabie. Timetable: Action Date FR Cite NPRM 10/06/08 73 FR 58388 NPRM Comment 12/05/08 Period End Final Action 01/08/10 75 FR 1236 Environmental Protection Agency 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, (EPA) Comprehensive Environmental Response, Compensation and Liability 864. 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 Final 26 02/04/00 65 FR 5435 NPRM 31 02/04/00 65 FR 5468 Final 28 05/11/00 65 FR 30482 Action Date FR Cite NPRM 32 05/11/00 65 FR 30489 Final 29 07/27/00 65 FR 46096 NPRM 33 07/27/00 65 FR 461 31 NPRM 08/24/00 65 FR 51567 Alabama/Malone Final 30 12/01/00 65 FR 751 79 NPRM 34 12/01/00 65 FR 7521 5 NPRM 35 01/11/01 66 FR 2380 Final 31 06/14/01 66 FR 32235 NPRM 36 06/14/01 66 FR 32287 Final 32 09/13/01 66 FR 47583 NPRM 37 09/13/01 66 FR 4761 2 NPRM Libby/Omaha 02/26/02 67 FR 8836 Final adds 19 sites 09/05/02 67 FR 56757 NPRM 38 09/05/02 67 FR 56794 Final Action- 10/24/02 67FR65315 Final Action— 04/30/03 68 FR 23077 NPRM1 04/30/03 68 FR 23094 Final 35 (adds 12 09/29/03 68 FR 55875 sites) NPRM 40 03/08/04 69 FR 10646 Final 36 07/23/04 69 FR 43755 NPRM-Vieques 08/13/04 69 FR 501 15 Final 37 09/23/04 69 FR 56949 NPRM 41 09/23/04 69 FR 56970 Final -Vieques 02/11/05 70 FR 71 84 Final 38 04/27/05 70 FR 21644 NPRM 42 04/27/05 70 FR 21 71 8 Final 39 09/14/05 70 FR 54286 NPRM 43 09/14/05 70 FR 54327 Final40 04/19/06 71 FR 2001 6 NPRM-44 04/19/06 71 FR 20052 Final 41 09/27/06 71 FR 56399 NPRM 45 09/27/06 71 FR 56433 Final 42 03/07/07 72 FR 10078 NPRM 46 03/07/07 72 FR 101 05 Final 43 09/19/07 72 FR 53463 NPRM 47 09/19/07 72 FR 53509 Final 44 03/19/08 73 FR 1471 9 NPRM 48 03/19/08 73 FR 14742 Final 45 09/03/08 73 FR 51368 NPRM 49 09/03/08 73 FR 51393 Final 46 04/09/09 74 FR 161 26 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 Proposed Rule Stage Act Action Date FR Cite NPRM 50 04/09/09 74 FR 161 62 Final 47 09/23/09 74 FR 4841 2 NPRM 51 09/23/09 74 FR 48504 NPRM-Newtown 09/23/09 74 FR 4851 1 Creek Final 48 11/04/09 74 FR 57085 Final - Gowanus 04/00/1 0 Canal Final 49 04/00/1 0 NPRM-52 04/00/10 Final 50 09/00/1 0 Final-Newtown Creek 09/00/10 NPRM-53 09/00/10 Regulatory Flexibility Analysis Required: No Government Levels Affected: None Additional Information: SAN No. 3439; EPA publication information: Final 40 - http://frwebgate6.access.gpo.gov/cgi- bin/ waisgate.cgi?WAISdocID- 619238216602+ 0+0+0& WAISaction=retrieve; EPA Docket information: EPA-HQ-SFUND-2010- XXXX. URL For More Information: wr\vwf.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: 202 347-8925 Fax: 703 603-9104 137 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Comprehensive Environmental Response, Compensation and Liability Act Proposed Rule Stage Email: ammon.doug@epa.gov RIN: 2050-AD75 Environmental Protection Agency (EPA) Comprehensive Environmental Response, Compensation and Liability Act Final Rule Stage 865. REVISION OF 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 08/00/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal, Local, State, Tribal Additional Information: SAN No. 5376; EPA Docket information: EPA-HQ- SFUND-2010-0085. URL For More Information: 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: 202 347-8925 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 866. CERCLA 108(B) FINANCIAL RESPONSIBILITY Priority: Other Significant. Major status under 5 USC 801 is undetermined. Unfunded Mandates: Undetermined Legal Authority: 42 USC 9601 et seq; 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 identified classes of facilities within the chemical manufacturing industry; the petroleum and coal products manufacturing industry, which primarily includes refineries and not coal mines; and the electric power generation, transmission, and distribution industry as those for which any necessary financial responsibility requirements will be developed. This proposal will contain requirements for financial responsibility, as well as notification and implementation. Timetable: Action Date FR Cite Priority Notice 07/28/09 74 FR 37213 ANPRM 01/06/10 75FR816 Extension of Comment 02/04/10 75 FR 5715 Period NPRM 09/00/11 Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined Federalism: Undetermined 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-2009-0834. Agency Contact: Ben Lesser, Environmental Protection Agency, Solid Waste and Emergency Response, 5302P, 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 867. 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 138 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Comprehensive Environmental Response, Compensation and Liability Act Long-Term Actions 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 868. 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 Additional Information: SAN No. 4971. Agency Contact: Lynn Beasley, Environmental Protection Agency, Solid Waste and Emergency Response, 5104A, Washington, DC 20460 Phone: 202 564-1965 Fax: 202 564-2625 Email: beasley.lynn@epa.gov Jean Schumann, Environmental Protection Agency, Solid Waste and Emergency Response, 5104A, Washington, DC 20460 Phone: 202 564-1977 Fax: 202 564-2620 Email: schumann.jean@epa.gov RIN: 2050-AG22 Environmental Protection Agency (EPA) Clean Water Act P re rule Stage 869. • EFFLUENT GUIDELINES AND STANDARDS FOR THE CENTRALIZED WASTE TREATMENT INDUSTRY (SECTION 610 REVIEW) Priority: Info./Admin./Other Legal Authority: 5 USC 610 CFR Citation: None Legal Deadline: None Abstract: In December 2000, EPA promulgated effluent limitations for the Centralized Waste Treatment (CWT) Point Source Category at 40 CFR 437 (65 FR 81241, December 22, 2000). A CWT facility treats or recovers hazardous or non-hazardous industrial waste, wastewater, or used material from off-site. The regulation established wastewater discharge standards for three major types of wastes: metal- bearing, oily, and organic. EPA issued a Small Entity Compliance Guide, which provides easy-to-read descriptions of the regulations and other helpful information on how to comply such as a question and answer section. EPA announces this new action, pursuant to Section 610 of the Regulatory Flexibility Act, to initiate a review of the rule to determine if it should be continued without change, or should be rescinded or amended to minimize adverse economic impacts on small entities. As part of this review, EPA will consider, and solicits comments on, the following factors: (1) The continued need for the rule; (2) the nature of complaints or comments received concerning the rule; (3) the complexity of the rule; (4) the extent to which the rule overlaps, duplicates, or conflicts with other Federal, State, or local government rules; and (5) the degree to which technology, economic conditions, or other factors have changed in the area affected by the rule. Comments must be received by 90 days from this publication. In submitting comments, please reference Docket ID number EPA-HQ-OW-2010- 0169, and follow the instructions provided in an earlier section of the preamble to this issue of the Regulatory Agenda. EPA will summarize the results of this review in a report and place that report in the rulemaking docket referenced above. You can 139 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Clean Water Act Prerule Stage access that docket at wrwrwf.regulations.gov. EPA continues to view the effluent limitations for the CWT category as a necessary component of the comprehensive program to restore and maintain the quality of our Nation's waters. EPA intends to continue to require compliance with the regulation. Until and unless the Agency modifies the rule, the discharges described in 40 CFR 437.1 remain subject to the final rules. Timetable: Action Date FR Cite FinalRule 12/22/00 65 FR 81241 Begin Review 04/00/10 End Comment Period 07/00/10 End Review 12/00/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 5444; Related to RDM 2040-AB78; EPA Docket information: EPA-HQ-OW-2010-0169. Agency Contact: Erik Helm, Environmental Protection Agency, 4303T, Washington, DC 20460 Phone: 202 566-1049 Fax: 202 566-1053 Email: helm.erik@epa.gov RIN: 2040-AF18 Environmental Protection Agency (EPA) Clean Water Act Proposed Rule Stage 870. REVISIONS TO THE NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN; PRODUCT SCHEDULE LISTING REQUIREMENTS Priority: Substantive, Nonsignificant 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/or change protocols for adding a product to the Product Schedule, 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 07/00/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses Government Levels Affected: Federal, Local, State, Tribal 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: wrwrwr.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 871. DEVELOPMENT OF BEST MANAGEMENT PRACTICES FOR RECREATIONAL BOATS Priority: Other Significant Legal Authority: 33 USC 1251 et seq 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 10/00/10 10/00/11 140 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Clean Water Act Proposed Rule Stage Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Undetermined Additional Information: SAN No. 5311. Agency Contact: Brian Rappoli, Environmental Protection Agency, Water, 4504T, Washington, DC 20460 Phone: 202 566-1548 Email: rappoli.brian@epamail.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 872. 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 430; 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 Final Action 06/00/10 06/00/11 Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses, Governmental Jurisdictions Government Levels Affected: Federal, 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 873. CRITERIA AND STANDARDS FOR COOLING WATER INTAKE STRUCTURES Priority: Economically Significant. Major under 5 USC 801. Unfunded Mandates: Undetermined Legal Authority: CWA 101; CWA 308; CWA 316; CWA 402; CWA 501; CWA 510 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 July 2004. Industry and environmental stakeholders challenged the Phase II regulations. On review, the U.S. Court of Appeals for the Second Circuit remanded several key provisions. In July 2007, EPA suspended Phase II. 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 decisionmaking, but not holding that the Agency must consider costs and benefits in these decisions. In June 2006, EPA promulgated the Phase III regulation, covering existing electric generating plants using less than 50 MGD of cooling water, new offshore oil and gas facilities, and all existing manufacturing facilities. Petitions to review this rule were filed in the U.S. Court of Appeals for the Fifth Circuit. EPA has asked for a partial voluntary remand of the determinations in the Phase III regulation concerning existing facilities, in order to issue a regulation that addresses both Phase II and III existing facilities. EPA expects this new rulemaking would apply to the approximately 1,200 existing electric generating and manufacturing plants. Timetable: Action Date FR Cite NPRM Final Action 09/00/10 07/00/12 Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Local, State Federalism: Undetermined Additional Information: SAN No. 5210; EPA Docket information: EPA-HQ-OW- 2008-0667. URL For More Information: www.epa.gov/waterscience/316b Agency Contact: Paul Shriner, Environmental Protection Agency, Water, 4303T, Washington, DC 20460 Phone: 202 566-1076 Email: shriner.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 874. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES): USE OF SUFFICIENTLY SENSITIVE TEST METHODS FOR PERMIT APPLICATIONS AND REPORTING 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 501 141 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Clean Water Act Proposed Rule Stage CFR Citation: 40 CFR 122; 40 CFR 136 Legal Deadline: None Abstract: EPA 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 04/00/10 11/00/10 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 Kelley, Environmental Protection Agency, Water, 4203M, Washington, DC 20460 Phone: 202 564-7004 Fax: 202 564-9544 Email: kelley.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 875. • SPCC COMPLIANCE DATE EXTENSION Priority: Other Significant Legal Authority: 33 USC 1321 CFR Citation: 40 CFR 112 Legal Deadline: None Abstract: On November 13, 2009, EPA amended the Spill Prevention Control, and Countermeasures (SPCC) rule. The amendments completed the SPCC action proposed on October 15, 2007 (72 FR 58378), finalized on December 5, 2008 (73 FR 74236), and for which the Agency considered public comments again in February 2009 (74 FR 5900, February 3, 2009). However, EPA recognizes that because of the changes in this action, and specifically provisions that have been removed from the December 2008 Amendments, facilities may need additional time to comply with the SPCC amendments. Because of the uncertainty surrounding the final amendments to the December 5, 2008, rule and the delay of the effective date, the Agency will propose to extend the compliance date. Timetable: Action Date FR Cite NPRM Final Action 04/00/10 08/00/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal, Local, State, Tribal Additional Information: SAN No. 2634.9. 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 RIN: 2050-AG59 876. 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 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 Final Action 06/00/10 06/00/11 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: State Additional Information: SAN No. 5362; EPA Docket information: EPA-HQ-OW- 2010-0137. 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 Fax: 202 566-1053 Email: goodwin.janet@epamail.epa.gov RIN: 2040-AF12 877. • MARINE SANITATION DEVICES: PROPOSED REGULATION TO ESTABLISH A NO DISCHARGE ZONE FOR CALIFORNIA STATE MARINE WATERS Priority: Other Significant Legal Authority: CWA 3l2(f)(4)(A) CFR Citation: 40 CFR 140 Legal Deadline: None Abstract: Based upon a 2005 California law, the State Water Resources Control Board asked EPA to designate California waters as a No Discharge Zone (NDZ) for sewage from cruise ships and ocean-going vessels with 142 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Clean Water Act Proposed Rule Stage adequate holding capacity. The State, local environmental groups, and California delegation all strongly support establishment of such an NDZ, as it would offer additional water quality protection to the California coast. There are some legal vulnerabilities associated with granting this partial NDZ. All 73 existing NDZs prohibit all sewage from all vessels; however, the California request applies to only a subset of all vessels. No existing NDZ established under 312(f)(4)(A) applies to all state waters either. Only two NDZs have been established under 312(f)(4)(A): Minnesota Boundary Waters Canoe Area and Florida Keys National Marine Sanctuary. Timetable: Action Date FR Cite NPRM Final Action 04/00/10 09/00/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 5413. Agency Contact: Allan Ota, Environmental Protection Agency, Regional Office San Francisco, San Francisco, CA 94105 Phone: 415 972-3476 Email: ota.allan@epamail.epa.gov RIN: 2009-AA04 878. REGULATIONS FOR GRAY AND BLACK WATER DISCHARGES FROM CRUISE SHIPS OPERATING IN CERTAIN ALASKAN WATERS Priority: Other Significant Legal Authority: PL 106-554, sec 1404-1407 CFR Citation: None 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 01/00/11 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: State 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 Fax: 202 566-1546 Email: redford.david@epamail.epa.gov RIN: 2040-AD89 879. • NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT REGULATIONS FOR NEW DISCHARGERS AND THE APPROPRIATE USE OF OFFSETS WITH REGARD TO WATER QUALITY PERMITTING Priority: Other Significant Unfunded Mandates: Undetermined Legal Authority: 33 USC 1361; 33 USC CFR Citation: 40 CFR 122. 4(i) Legal Deadline: None Abstract: This rulemaking may consider how to best clarify EPA's approach to permitting new dischargers in order to ensure the protection of water quality under Clean Water Act section 301(b)(l)(C). The rulemaking may examine options to address the appropriate and permissible use of offsets which ensures that NPDES permits are protective of water quality standards. The rulemaking may also examine options for addressing new dischargers in impaired waters, both when a TMDL is in place and prior to TMDL issuance. Timetable: Additional Information: SAN No. 4746. Action Date FR Cite NPRM Final Action 01/00/11 01/00/12 Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined Federalism: Undetermined Additional Information: SAN No. 5240. Agency Contact: Sara Hilbrich, Environmental Protection Agency, Water, 4203M, Washington, DC 20460 Phone: 202 564-0441 Email: hilbrich.sara@epamail.epa.gov Michelle Schutz, Environmental Protection Agency, Water, 4203M, Washington, DC 20460 Phone: 202 564-7374 Email: schutz.michelle@epamail.epa.gov RIN: 2040-AF17 143 ------- Spring 2010 Semiannual Regulatory Agenda Environmental Protection Agency (EPA) Clean Water Act Final Rule Stage 880. WATER QUALITY STANDARDS (NUMERIC NUTRIENT CRITERIA) FOR FLORIDA'S LAKES AND FLOWING WATERS Priority: Other Significant Legal Authority: 33 USC 1251 et seq CFR Citation: 40 CFR 131 Legal Deadline: Final, Judicial, October 15, 2010, Consent Decree Deadline. Abstract: EPA is under a Consent Decree deadline to promulgate numeric nutrient water quality criteria (which are elements of water quality standards) for the State of Florida's lakes and flowing waters by October 15, 2010. EPA made a determination on January 14, 2009, that numeric nutrient water quality criteria are necessary for the State to meet the Clean Water Act (CWA) requirement to have standards to protect applicable designated uses. A separate rulemaking will follow for estuaries and coastal waters by January 2011. Timetable: Action Date FR Cite NPRM NPRM Comment Period End Final Action 01/26/10 75 FR 41 74 03/29/1 0 10/00/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: State Additional Information: SAN No. 5361; EPA publication information: NPRM - http://www.regulations.gov/search/ Regs/ home.htmlidocument Detail?R= 0900006480a83el7; http://epa.gov/waterscience/ standards; EPA Docket information: EPA-HQ-OW- 2009-0596. URL For More Information: www.epa.gov/waterscience/standards/ rules/florida Agency Contact: Danielle Salvaterra, Environmental Protection Agency, Water, 4305T, Washington, DC 20460 Phone: 202 564-1631 Email: salvaterra. danielle@ep amail. ep a. gov Claudia Fabiano, Environmental Protection Agency, Water, 4305T, Washington, DC 20460 Phone: 202 566-0446 Email: fabiano.claudia@epamail.epa.gov RIN: 2040-AFll 881. EFFLUENT LIMITATIONS GUIDELINES AND STANDARDS FOR AIRPORT DEICING OPERATIONS Priority: Other Significant 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 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 02/26/10 12/00/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: Governmental Jurisdictions Government Levels Affected: Federal, Local, State Additional Information: SAN No. 4948; EPA publication information: NPRM - http://www.regulations.gov/search/ Regs/ home.htmlidocument Detail?R= 0900006480al6b99; 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 882. 2010 EFFLUENT GUIDELINES PROGRAM PLAN Priority: Other Significant 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 2 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 2010 Plan will describe the results of the 2010 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 2010 Plan will also summarize activities and accomplishments for studies of categories that were identified in the 2008 Final Plan. Timetable: Action Date FR Cite Preliminary Plan Final Plan 12/28/09 74 FR 68599 12/00/10 144 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Clean Water Act Final Rule Stage Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 5320; EPA publication information: Preliminary Plan - http://edocket.access.gpo.gov/2009/ pdf/E9-30625.pdf; EPA Docket information: EPA-HQ-OW-2008-0517. URL For More Information: www.epa.gov/guide/304m 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 Lews, Environmental Protection Agency, Water, 4303T, Washington, DC 20460 Phone: 202 566-1058 Fax: 202 566-1053 Email: lewis.samantha@epamail.epa.gov RIN: 2040-AF06 883. GUIDANCE FOR IMPLEMENTING THE METHYLMERCURY WATER QUALITY CRITERION Priority: Other Significant Legal Authority: 33 USC 1251 et seq CFR Citation: None Legal Deadline: None Abstract: In the 2001 Federal Register notice of the availability of EPA's recommended water quality criterion for methylmercury, EPA stated that it would develop associated procedures and guidance for implementing the criterion. For states and authorized tribes exercising responsibility under CWA section 303(c), this document provides technical guidance on how they might want to use the recommended 2001 fish tissue-based criterion to develop and implement their own water quality standards for methylmercury. The guidance addresses topics including adoption and revision of standards, monitoring, waterbody assessment, water quality standards issues, TMDL development, and NPDES permitting. Since atmospheric deposition is considered to be a major source of mercury for many waterbodies, implementing this criterion involves coordination across media and program areas. Timetable: Action Date FR Cite Final Revision to 2009 04/00/10 Guidance Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: State, Tribal Additional Information: SAN No. 5098; EPA Docket information: EPA-HQ-OW- 2006-0656. URL For More Information: 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 884. • WATER QUALITY STANDARDS REGULATORY CLARIFICATIONS Priority: Other Significant Unfunded Mandates: Undetermined Legal Authority: Not Yet Determined CFR Citation: 40 CFR ISl(Revision) Legal Deadline: None Abstract: EPA is proposing a few targeted clarifications to the water quality standards regulation to improve its effectiveness in helping restore and maintain the Nation's waters. The new regulatory interpretations in the rulemaking are urgently needed to help reduce the rate of new water quality impairments and increase the rate of water quality improvements. The proposed rule will be focused on providing tools that protect high quality waters (Antidegradation Protection) and provide a clear pathway towards restoring impaired waters. The clarifications will also help streamline operations and improve public participation in standards processes. The core requirements of the current regulation have been in place since 1983. These requirements have served well to provide the foundation for all water quality-based controls that have been put in place since then, including effective TMDL and NPDES permit programs. EPA does not believe it is necessary to overhaul the current regulation or associated guidance and policy. Rather, the intent of the proposal is to provide clarity and regulatory tools to address the issues described above. Timetable: Action Date FR Cite NPRM Final Action 06/00/11 06/00/12 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: State, Tribal Federalism: Undetermined Additional Information: SAN No. 5424. URL For More Information: www.epa.gov/waterscience/standards Agency Contact: Grace Robiou, Environmental Protection Agency, Water, 4305T, Washington, DC 20460 Phone: 202 566-2975 Email: robiou.grace@epamail.epa.gov Christina Jarvis, Environmental Protection Agency, Water, 4305T, Washington, DC 20460 Phone: 202 566-0537 Email: jarvis.christina@epamail.epa.gov RIN: 2040-AF16 885. 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 145 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Clean Water Act Long-Term Actions 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: No Small Entities Affected: Businesses, Governmental Jurisdictions Government Levels Affected: Federal, State Additional Information: SAN No. 4049. URL For More Information: www.epa.gov/waterscience/methods Agency Contact: Richard Reding, Environmental Protection Agency, Water, 4303T, Washington, DC 20460 Phone: 202 566-2237 Fax: 202 566-1053 Email: reding.richard@epamail.epa.gov Brian Englert, Environmental Protection Agency, Water, 4303T, Washington, DC 20460 Phone: 202 566-0754 Fax: 202 566-1053 Email: englert.brian@epamail.epa.gov RIN: 2040-AD09 886. 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 of these 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 Final Action NPRM 04/00/13 04/00/12 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: www.epa.gov/waterscience/rules/UNDS Agency Contact: Brian Rappoli, Environmental Protection Agency, Water, 4504T, Washington, DC 20460 Phone: 202 566-1548 Email: rappoli.brian@epamail.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 887. 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 will develop a notice of proposed 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. 146 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Clean Water Act Long-Term Actions Timetable: Action Date FR Cite NPRM Final Action 09/00/11 11/00/12 Regulatory Flexibility Analysis Required: Undetermined Small Entities Affected: Governmental Jurisdictions Government Levels Affected: Local, State, Tribal Federalism: Undetermined Additional Information: SAN No. 3999. Sectors Affected: 22132 Sewage Treatment Facilities URL For More Information: www.epa.gov/npdes Agency Contact: Dr. Charles Glass, Environmental Protection Agency, 4203M, Washington, DC 20460 Phone: 202 564-0418 Fax: 202 564-0742 Email: glass.charles@epa.gove Kevin Weiss, Environmental Protection Agency, Water, 4203M, Washington, DC 20460 Phone: 202 564-0742 Fax: 202 564-0742 Email: wfeiss.kevin@epa.gov RIN: 2 040-ADO 2 888. 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 registers docid=fr07no03-24.pdf; EPA Docket information: EPA-HQ-OW-2 005 -05 2 3. Sectors Affected: 22132 Sewage Treatment Facilities URL For More Information: www.epa.gov/npdes Agency Contact: Kevin Weiss, Environmental Protection Agency, Water, 4203M, Washington, DC 20460 Phone: 202 564-0742 Fax: 202 564-0742 Email: wfeiss.kevin@epa.gov Mohammed Billah, Environmental Protection Agency, Water, 4203M, Washington, DC 20460 Phone: 202 564-0729 Fax: 202 564-0717 Email: billah.mohammed@epamail.epa.gov RIN: 2040-AD87 889. OIL POLLUTION PREVENTION: SPILL PREVENTION, CONTROL, AND COUNTERMEASURE RULE REQUIREMENTS—AMENDMENTS FOR MILK CONTAINERS Priority: Economically Significant. Major status under 5 USC 801 is undetermined. 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: Undetermined Additional Information: SAN No. 2634.8; EPA publication information: NPRM - http://www.epa.gov/fedrgstr/ EPA-WATER/2 009/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: Gregory Wilson, Environmental Protection Agency, Solid Waste and Emergency Response, 5104A, Washington, DC 20460 Phone: 202 564-7989 Fax: 202 564-2625 147 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Clean Water Act Long-Term Actions Email: wilson.gregory@epa.gov Vanessa Principe, Environmental Protection Agency, Solid Waste and Emergency Response, 5104A, Washington, DC 20460 Phone: 202 564-7913 Fax: 202 564-2625 Email: principe.vanessa@epa.gov RIN: 2050-AG50 890. EFFLUENT LIMITATIONS GUIDELINES AND STANDARDS FOR CHLORINE AND CHLORINATED HYDROCARBON MANUFACTURING PROCESS Priority: Other Significant Legal Authority: CWA 301; CWA 304; CWA 306; CWA 307; CWA 308; CWA 501 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 Docket information: EPA-HQ-OW- 2005-0012. URL For More Information: www.epa.gov/waterscience/guide/cch Agency Contact: Samantha Lewis, Environmental Protection Agency, Water, 4303T, Washington, DC 20460 Phone: 202 566-1058 Fax: 202 566-1053 Email: lewis.samantha@epamail.epa.gov Janet Goodwin, Environmental Protection Agency, Water, 4303T, Washington, DC 20460 Phone: 202 566-1060 Fax: 202 566-1053 Email: goodwin.janet@epamail.epa.gov RIN: 2040-AE82 891. • EFFLUENT LIMITATIONS GUIDELINES AND STANDARDS FOR THE STEAM ELECTRIC POWER GENERATING POINT SOURCE CATEGORY Priority: Other Significant. Major status under 5 USC 801 is undetermined. Unfunded Mandates: Undetermined Legal Authority: CWA 301; CWA 304; CWA 306; CWA 307; CWA 308; CWA 402; CWA 501 CFR Citation: 40 CFR 423 revision Legal Deadline: None Abstract: EPA establishes national technology-based regulations, called effluent guidelines, to reduce discharges of pollutants from industries to waters of the U.S. and publicly owned treatment works. These requirements are incorporated into National Pollutant Discharge Elimination System (NPDES) discharge permits issued by EPA and States. The steam electric effluent guidelines apply to steam electric power plants using nuclear or fossil fuels, such as coal, oil, and natural gas. There are about 1,200 nuclear- and fossil-fueled steam electric power plants nationwide; approximately 500 of these power plants are coal-fired. In a study completed in 2009, EPA found that the current regulations, which were last updated in 1982, do not adequately address the pollutants being discharged and have not kept pace with changes that have occurred in the electric power industry over the last three decades. The rulemaking will address discharges from ash ponds and flue gas desulfurization (FGD) air pollution controls, as well as other power plant waste streams. Power plant discharges can have major impacts on water quality, including reduced organism abundance and species diversity, contamination of drinking water sources, and other effects. Pollutants of concern include metals (e.g., mercury, arsenic and selenium), nutrients, and total dissolved solids. Timetable: Action Date FR Cite NPRM Final Action 07/00/12 03/00/14 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Undetermined Federalism: Undetermined Additional Information: SAN No. 5422; EPA Docket information: EPA-HQ-OW- 2009-0819. URL For More Information: wfwfwr.epa.gov/guide/steam Agency Contact: Ronald Jordan, Environmental Protection Agency, Water, 4303T, Washington, DC 20460 Phone: 202 566-1003 Fax: 202 566-1053 Email: jordan.ronald@epamail.epa.gov RIN: 2040-AF14 892. NPDES ELECTRONIC REPORTING RULE 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 148 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Clean Water Act Long-Term Actions electronically, primarily from NPDES permittees with some data required 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 04/00/11 04/00/12 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 893. 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 To Be Determined To Be Determined 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 894. • STORMWATER REGULATIONS TO ADDRESS REVISION DISCHARGES FROM DEVELOPED SITES Priority: Other Significant. Major status under 5 USC 801 is undetermined. Unfunded Mandates: Undetermined Legal Authority: Not Yet Determined CFR Citation: Not Yet Determined Legal Deadline: None Abstract: Stormwater runoff from developed areas is a major cause of degradation of surface waters. This is true for both conveyance of pollutants and the erosive power of increased stormwater flow rates and volumes. Current stormwater regulations were promulgated in 1994 and 1999. In 2006, the Office of Water asked the National Research Council (NRC) to review the stormwater program and recommend ways to strengthen it. The NRC Report, which was finalized in October 2008, found that the current stormwater program "...is not likely to adequately control stormwater's contribution to waterbody impairment," and recommended that EPA take action to address the harmful effects of stormwater flow. This proposed action would establish requirements for managing stormwater discharges from new development and re-development to reduce the amount of pollutants and excess runoff entering receiving waters. This action may also expand the areas subject to Municipal Separate Storm Sewer Systems (MS4) permits, to include rapidly developing areas and to cover some discharges that are not 149 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Clean Water Act Long-Term Actions currently regulated. A single set of stormwater requirements may be developed for Phase I and Phase II MS4s. Retrofitting for existing discharges may be addressed, although expectations for retrofitting will likely differ significantly from requirements for new and re-development. This action would strengthen the stormwater program's effectiveness by reducing pollutant loading, promoting hydrologic sustainability, and preserving surface water health and integrity. Timetable: Action Date FR Cite NPRM Final Action 09/00/11 12/00/12 Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined Federalism: Undetermined Additional Information: SAN No. 5408. Agency Contact: Jonathan Angier, Environmental Protection Agency, Water, 4203M, Washington, DC 20460 Phone: 202 564-0729 Fax: 202 564-6392 Email: angier.jonathan@epamail.epa.gov Holly Galavotti, Environmental Protection Agency, Water, 4203M, Washington, DC 20460 Phone: 202 564-1489 Email: galavotti.holly@epamail.epa.gov RIN: 2040-AF13 895. • REVISED REGULATIONS FOR CONCENTRATED ANIMAL FEEDING OPERATIONS (CAFOS) IN THE CHESAPEAKE BAY WATERSHED Priority: Substantive, Nonsignificant Unfunded Mandates: Undetermined Legal Authority: Not Yet Determined CFR Citation: Not Yet Determined Legal Deadline: NPRM, Judicial, January 1, 2012, CBF settlement negotiations are still active. This date is just a placeholder. Publically, we said we would propose in 2012. Final, Judicial, December 31, 2013, CBF negotiations are still active. This date is just a placeholder. Publically, we said we would take final action late 2013. Abstract: EPA and authorized states administer the National Pollutant Discharge Elimination System (NPDES) program for concentrated animal feeding operations (CAFOs), as revised by nationally-applicable rules in 2003 and 2008. On May 12, 2009, President Barack Obama issued Executive Order 13508 on Chesapeake Bay Protection and Restoration. Agriculture is the single largest contributor of nitrogen, phosphorus, and sediment pollution to the Chesapeake Bay Watershed. Manure is the source of about half of the nutrient loading from agriculture. As directed under the Executive Order, EPA developed a strategy, in consultation with the States and key stakeholders, for protecting water quality in the Chesapeake Bay. The proposed action might establish broader regulatory authority in the Bay and additional requirements for manure management for CAFOs in the Bay. Consistent with the draft joint federal strategy, the scope of the proposed rule may consider expanding the universe of CAFOs and requiring more stringent standards for permits (e.g. better nutrient management planning). Additionally, options for a streamlined designation process of smaller facilities as CAFOs and better off-site manure management may be considered for the Bay or nationally. During the rulemaking process, EPA will consider how effectively Chesapeake Bay States strengthen their pollution control programs to achieve the reductions in nutrient and sediment pollution needed to meet Bay water quality standards. The Chesapeake Bay CAFO Rule is being developed to ensure Regional and State Water NPDES Permitting Authorities have sufficient tools to reduce discharges of manure from these facilities. Timetable: Action Date FR Cite NPRM Final Action To Be Determined To Be Determined Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal, State Additional Information: SAN No. 5443. Agency Contact: Ashley Toy, Environmental Protection Agency, Water, 4203M, Washington, DC 20460 Phone: 202 564-3986 Email: toy.ashley@epamail.epa.gov George Utting, Environmental Protection Agency, Water, 4203M, Washington, DC 20460 Phone: 202 564-0744 Email: utting.george@epamail.epa.gov RIN: 2040-AF20 Environmental Protection Agency (EPA) Clean Water Act Completed Actions 896. 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. Having reviewed the record for the amendments and the additional comments, EPA decided to make only limited changes to the amendments. With respect to the majority of the December amendments, EPA either took no action or provided minor technical corrections. EPA, however, removed the following provisions in 150 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Clean Water Act Completed Actions the December 2008 amendments: the exclusion of farms and oil production facilities from the loading/unloading rack requirements; the exemption for produced water containers at an oil production facility; and the alternative qualified facility eligibility criteria for an oil production facility. A final rule was published on November 13, 2009. Timetable: Action Notice Clarifying Certain Issues NPRM 1 Year Compliance Extension Final 18 months Compliance Extension NODA re: Certain Facilities NODA re: Oil-Filled and Process Equipment NPRM Final Action Notice to Delay Effective Date Delay of Effective Date Final 2 Date FR Cite 05/25/04 69 FR 29728 06/17/04 69 FR 3401 4 08/11/04 69 FR 48794 09/20/04 69 FR 56 184 09/20/04 69 FR 56 182 10/15/07 72 FR 58377 12/05/08 73 FR 74236 02/03/09 74 FR 5900 04/01/09 74 FR 14736 11/13/09 74 FR 58783 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 register &docid=fr25my04-49.pdf; Split from RDM 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, 5104A, Washington, DC 20460 Phone: 202 564-7913 Fax: 202 564-2625 Email: principe.vanessa@epa.gov RIN: 2050-AG16 897. EFFLUENT LIMITATIONS GUIDELINES AND STANDARDS FOR THE CONSTRUCTION AND DEVELOPMENT POINT SOURCE CATEGORY Priority: Economically Significant. Major under 5 USC 801. Unfunded Mandates: This action may affect State, local or tribal governments and the private sector. Legal Authority: CWA 301; CWA 304; CWA 306; CWA 501 CFR Citation: 40 CFR 450 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: On December 1, 2009, EPA promulgated a regulation which establishes effluent limitations guidelines (ELGs) and new source performance standards (NSPS) for the Construction and Development point source category. The ELGs and NSPS control the discharge of pollutants including sediments, turbidity, nutrients and metals in discharges from construction activities and are implemented through the issuance of NPDES permits. The requirements vary by size of the construction site and are to be implemented in phases over time, with larger construction sites implementing more stringent requirements sooner. The rule is intended to work in concert with existing State and local programs, adding a technology-based "floor" that establishes minimum requirements that would apply nationally. These requirements are expected to significantly reduce the amount of sediment, turbidity and other pollutants discharged from construction sites. Timetable: Action Date FR Cite NPRM NPRM Comment Period End Final Action 11/28/08 73 FR 72561 02/26/09 12/01/09 74 FR 62996 Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses, Governmental Jurisdictions Government Levels Affected: Federal, Local, State Federalism: This action may have federalism implications as defined in EO 13132. 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: www.epa.gov/waterscience/guide/ construction Agency Contact: Jesse Pritts, Environmental Protection Agency, Water, 4303T, Washington, DC 20460 Phone: 202 566-1038 Fax: 202 566-1053 Email: pritts.jesse@epamail.epa.gov Janet Goodwin, Environmental Protection Agency, Water, 4303T, Washington, DC 20460 Phone: 202 566-1060 Fax: 202 566-1053 Email: goodwin.janet@epamail.epa.gov RIN: 2040-AE91 898. NEW/REVISED AMBIENT WATER QUALITY CRITERIA (AWQC) FOR RECREATIONAL WATERS Priority: Substantive, Nonsignificant Legal Authority: CWA 304(a)(9) CFR Citation: None Legal Deadline: Final, Statutory, October 10, 2005, CWA Section 304(a)(9), 10/10/2005. 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). This action will continue. Information regarding this action can be found on our website at http://www.epa.gov/waterscience/ criteria/recreation. Timetable: Action Date FR Cite Withdrawn 01/28/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal, State, Tribal Additional Information: SAN No. 4967. 151 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Clean Water Act Completed Actions 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) Safe Drinking Water Act (SDWA) P re rule Stage 899. • NATIONAL PRIMARY DRINKING WATER REGULATIONS: RADIONUCLIDES (SECTION 610 REVIEW) Priority: Info./Admin./Other Legal Authority: 5 USC 610 CFR Citation: None Legal Deadline: None Abstract: On December 7, 2000 (65 FR 76708), EPA promulgated final revised and/or new national primary drinking water regulations (NPDWRs) for non- radon radionuclides as authorized by the Safe Drinking Water Act. In this action, referred to as the Radionuclides Rule, EPA promulgated maximum contaminant level goals (MCLGs), maximum contaminant levels (MCLs), monitoring, reporting, and public notification requirements for gross alpha particle activity, combined radium-226 and 228, beta particle and photon activity and uranium. The Radionuclides Rule became effective on December 8, 2003. EPA developed a Final Regulatory Flexibility Analysis for the Radionuclides Rule and took several steps to lessen the impacts on small entities (i.e., small systems). These steps included: (1) The selection of a less stringent MCL for uranium, (2) a reduction in the overall monitoring frequencies for systems with radionuclides levels less than the MCL, (3) allowance of grandfathered data and State monitoring discretion for determining the initial monitoring baseline, and (4) the exclusion of non- transient, non-community water systems from the radionuclides regulations. EPA continues to view the NPDWRs for radionuclides as important components to ensuring and protecting the health of consumers served by public drinking water systems and intends to continue to require compliance with these NPDWRs. While EPA has taken steps to evaluate and mitigate impacts on small entities as part of the promulgation of the Radonuclides Rule, this new entry in the regulatory agenda announces that EPA will review the NPDWRs for radionuclides pursuant to section 610 of the Regulatory Flexibility Act (5 U.S.C. 610). As part of this review, EPA will consider and solicit comments on the following factors: (1) The continued need for the rule; (2) the nature of complaints or comments received concerning the rule; (3) the complexity of the rule; (4) the extent to which the rule overlaps, duplicates, or conflicts with other Federal, State, or local government rules; and (5) the degree to which the technology, economic conditions or other factors have changed in the area affected by the rule. Comments must be received within 90 days of this notice. In submitting comments, please reference Docket ID EPA-HQ-OW-2010-0166 and follow the instructions provided in the preamble to this issue of the Regulatory Agenda. This docket can be accessed at wfwrwr.regulations.gov. Timetable: Action Final Rule Begin Review End Comment Period End Review Date FR Cite 12/07/00 65 FR 76708 04/00/1 0 07/00/1 0 12/00/10 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 5445; Related to RIN 2040-AC98; EPA Docket information: EPA-HQ-OW-2010-0166. Agency Contact: Sandy Evalenko, Environmental Protection Agency, Water, 4101M, Washington, DC 20460 Phone: 202 564-0264 Fax: 202 564-0194 Email: evalenko.sandy@epamail.epa.gov Stephanie Flaharty, Environmental Protection Agency, Water, 4601M, Washington, DC 20460 Phone: 202 564-5072 Fax: 202 564-3753 Email: flaharty.stephanie@epamail.epa.gov RIN: 2040-AF19 Environmental Protection Agency (EPA) Safe Drinking Water Act (SDWA) Proposed Rule Stage 900. REVISING UNDERGROUND STORAGE TANK REGULATIONS- REVISIONS TO EXISTING REQUIREMENTS AND ADDITIONS TO INCORPORATE THE PROVISIONS OF THE ENERGY POLICY ACT Priority: Economically Significant. Major under 5 USC 801. Legal Authority: 42 USC 6991 CFR Citation: 40 CFR 280 to 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, 152 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Safe Drinking Water Act (SDWA) Proposed Rule Stage 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 09/00/10 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: \vwrwf.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 901. 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 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 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. In accordance with the commitments EPA agreed to in the AIP, EPA has drafted a proposed rule that has the same elements and effects as the recommendations in the AIP. Timetable: Action Date FR Cite Notice of Agreement in 01 /13/09 74 FR 1683 Principle NPRM 08/00/10 Final Action 11/00/12 Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined 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 Email: grubbs.thomas@epamail.epa.gov RIN: 2040-AD94 902. UNREGULATED CONTAMINANT MONITORING REGULATION (UCMR 3) FOR PUBLIC WATER SYSTEMS REVISIONS Priority: Other Significant 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 5 years. 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 153 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Safe Drinking Water Act (SDWA) Proposed Rule Stage 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 to 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, USEPA, Cincinnati, OH 45268 Phone: 513 569-7843 Fax: 513 569-7191 Email: munch.dave@epamail.epa.gov Brenda Parris, Environmental Protection Agency, Water, USEPA, Cincinnati, OH 45268 Phone: 513 569-7961 Fax: 513 569-7191 Email: parris.brenda@epamail.epa.gov RIN: 2040-AF10 Environmental Protection Agency (EPA) Safe Drinking Water Act (SDWA) Final Rule Stage 903. FEDERAL REQUIREMENTS UNDER THE UNDERGROUND INJECTION CONTROL (UIC) PROGRAM FOR CARBON DIOXIDE (CO2) GEOLOGIC SEQUESTRATION (GS) WELLS Priority: Other Significant. Major status under 5 USC 801 is undetermined. Legal Authority: 42 USC 300h 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 Notice of Data Availability that presented 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, Tribal 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: Suzanne Kelly, Environmental Protection Agency, Water, 4606M, Washington, DC 20460 Phone: 202 564-3887 Email: kelly.suzanne@epamail.epa.gov 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) Long-Term Actions 904. • NATIONAL PRIMARY DRINKING WATER REGULATIONS FOR LEAD AND COPPER: REGULATORY REVISIONS Priority: Other Significant Unfunded Mandates: Undetermined Legal Authority: 42 USC 300f et seq CFR Citation: 40 CFR 141 Legal Deadline: None Abstract: EPA promulgated a set of short-term regulatory revisions and clarifications on October 10, 2007, to strengthen implementation of the existing Lead and Copper Rule. In developing the short-term revisions, EPA identified several regulatory changes to be considered as part of identifying more comprehensive changes to the rule. These considerations are longer-term in nature as they require additional data collection, research, analysis, and stakeholder involvement to support decisions. This action addresses the remaining regulatory revisions to be completed in the 2013 timeframe. Regulatory changes to be addressed 154 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Safe Drinking Water Act (SDWA) Long-Term Actions may include changes to flushing guidance and sample collection following a partial lead service line replacement; lead service line replacement programs; potential changes to the sample site selection criteria for lead and copper sites; guidance on new corrosion control treatments; tap sampling issues including pre-stagnation flushing, aerator removal, and maximum stagnation times; and consecutive water systems. Timetable: Timetable: Action Date FR Cite NPRM Final Action 05/00/12 12/00/13 Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined Federalism: Undetermined Additional Information: SAN No. 5423. Agency Contact: Jeffrey Kempic, Environmental Protection Agency, Water, 4607M, Washington, DC 20460 Phone: 202 564-4880 Fax: 202 564-3760 Email: kempic.jeffrey@epamail.epa.gov RIN: 2040-AF15 905. 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. 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: www.epa.gov/ogwdw/radon.html Agency Contact: Rebecca Allen, Environmental Protection Agency, Water, 4607M, Washington, DC 20460 Phone: 202 564-1689 Fax: 202 564-3760 Email: allen.rebeccak@epamail.epa.gov Eric Burneson, Environmental Protection Agency, Water, 4607M, Washington, DC 20460 Phone: 202 564-5250 Email: burneson.eric@epa.gov RIN: 2040-AA94 906. NATIONAL PRIMARY DRINKING WATER REGULATIONS: ALDICARB Priority: Substantive, Nonsignificant Unfunded Mandates: Undetermined Legal Authority: 42 USC 300f et seq CFR Citation: 40 CFR 141; 40 CFR 142 Legal Deadline: None Abstract: EPA promulgated MCLs for aldicarb, aldicarb sulfoxide, and aldicarb sulfone in the Phase II rulemaking in 1991 at levels of 0.003, 0.004, and 0.002 ug/1, respectively. In response to an administrative petition from the manufacturer Rhone-Poulenc, the Agency issued an administrative stay of the effective date. EPA will reexamine risk assessment and occurrence data on aldicarb and make a determination of what further action is appropriate. Timetable: Action Date FR Cite NPRM Final Action To Be Determined To Be 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: wirth.karen@epamail.epa.gov RIN: 2040-AC 13 907. 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) was primarily used as an automobile fuel additive, introduced in the late 1970s during lead phase-out as an octane enhancer. Production increased 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. At least 25 States passed laws banning or limiting MTBE use, and MTBE use declined after 1999. Refiners removed MTBE from gasoline in 2006. Although most drinking water detections are at levels well below health concern, MTBE's distinctive turpentine-like taste and odor can be detected at low levels. 155 ------- Spring 2010 Semiannual Regulatory Agenda EPA—Safe Drinking Water Act (SDWA) Long-Term Actions Presently, the Agency is revising the health assessment for MTBE. Timetable: Action Date FR Cite NPRM Final Action To Be Determined To Be Determined Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 4404. Sectors Affected: 22131 Water Supply and Irrigation Systems Agency Contact: Irene Dooley, Environmental Protection Agency, Water, 4607M, Washington, DC 20460 Phone: 202 564-4699 Fax: 202 564-3760 Email: dooley.irene@epamail.epa.gov RIN: 2 040-ADS 4 908. PERCHLORATE REGULATORY DETERMINATION Priority: Other Significant Legal Authority: 42 USC 300g-l(b) CFR Citation: None 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 Date FR Cite Preliminary 10/10/08 73FR60262 Determination Supplemental Notice 08/19/09 74FR41883 Extension of Comment 09/23/09 74 FR 48541 Period Final Determination 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 Determination- http://edocket.access.gpo.gov/ 2008/pdf/E8-24042.pdf; Split from RIN 2040-AE60; EPA Docket information: EPA-HQ-OW-2007-0068. URL For More Information: wf\vwf.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 909. UNDERGROUND INJECTION CONTROL: UPDATE OF STATE PROGRAMS Priority: Info./Admin./Other Legal Authority: 42 USC 300h-l SDWA 1422; 42 USC 300h-4 SDWA 1425 CFR Citation: 40 CFR 147 (Revision) Legal Deadline: None Abstract: The regulations at 40 CFR Part 147 codify each State's UIC program description and incorporates by reference the rules and regulations that the respective primacy State will implement. This includes codifying programs upon which EPA directly implements. The primary reason for part 147 is to incorporate by reference into the Code of Federal Regulations the State program authorities and regulations so EPA may bring a direct enforcement action if the State fails to comply with the state UIC program. 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 approved 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 156 ------- Spring 2010 Semiannual Regulatory Agenda Environmental Protection Agency (EPA) Safe Drinking Water Act (SDWA) Completed Actions 910. 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 03/29/10 75 FR 15500 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 5066; EPA Docket information: EPA-HQ-OW- 2008-0747. 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) Shore Protection Act (SPA) Long-Term Actions 911. SHORE PROTECTION ACT, SECTION 4103(B) REGULATIONS Priority: Substantive, Nonsignificant Legal Authority: 33 USC 2601 Shore Protection Act of 1988; PL 100-688 4103(b) CFR Citation: 40 CFR 237 Legal Deadline: None Abstract: This rule 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 Date FR Cite NPRM Final Action 08/30/94 59 FR 44798 To Be 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 Fax: 202 566-1546 Email: redford.david@epamail.epa.gov RIN: 2040-AB85 [FRDoc. 2010-8940 Filed 04-23-10; 8:45 am] BILLING CODE 6560-50-S 157 ------- Spring 2010 Semiannual Regulatory Agenda A. INDEX TO ENTRIES THAT AGENCIES HAVE DESIGNATED FOR SECTION 610 REVIEW Section 610(a) of the Regulatory Flexibility Act (5 U.S.C. 601) requires each agency to have a plan for the periodic review of its rules that have a significant economic impact on a substantial number of small entities. Each agency must publish annually in the Federal Register a list of the rules that it plans to review in the next year. 2040-AF18 2040-AF19 2060-AQ12 Effluent Guidelines and Standards for the Centralized Waste Treatment Industry National Primary Drinking Water Regulations: Radionuclides Tier II Light-Duty Vehicle and Light-Duty Truck Emission Standards and Gasoline Sulfur Standards 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 2Q40-AA94 2060-AM44 2060-AQ25 2060-AO81 2070-AJ57 2070-AJ55 2070-AJ20 2070-AJ22 National Primary Drinking Water Regulations: Radon National Emission Standards for Hazardous Air Pollutants for Area Sources: Industrial, Commercial, and Institutional Boilers National Emission Standards for Hazardous Air Pollutants for Major Source Industrial, Commercial, and Institutional Boilers and Process Heaters Renewable Fuels Standard Program 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 Pesticides; Competency Standards for Occupational Users Pesticides; Agricultural Worker Protection Standard Revisions Governmental Jurisdictions 2040-AA94 National Primary Drinking Water Regulations: Radon National Emission Standards for Hazardous Air Pollutants for Area Sources: Industrial, 2060-AM44 2060-AQ25 Commercial, and Institutional Boilers National Emission Standards for Hazardous Air Pollutants for Major Source Industrial, Commercial, and Institutional Boilers and Process Heaters Organizations 2060-AM44 2060-AQ25 National Emission Standards for Hazardous Air Pollutants for Area Sources: Industrial, Commercial, and Institutional Boilers National Emission Standards for Hazardous Air Pollutants for Major Source Industrial, Commercial, and Institutional Boilers and Process Heaters 158 ------- Spring 2010 Semiannual Regulatory Agenda 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-AA28 2025-AA11 2025-AA16 2025-AA17 2040-AF09 2040-AC84 2040-AD09 2040-AE82 2040-AC13 2040-AB85 2040-AE91 2050-AE87 2050-AG44 2050-AG46 2050-AG57 2050-AG45 2050-AE51 2060-AP22 2060-AM09 2060-ANOO 2060-AN99 2060-AO12 2060-AO17 TRI; Response to Petition To Delete Acetonitrile From the Toxics Release Inventory List of Toxic Chemicals Toxics Release Inventory; Addition of National Toxicology Program Carcinogens Clarify TRI Reporting Obligations Under EPCRA Section 313 for Metal Mining Activities TRI; Response to Petition To Delete Chromium, Antimony, and 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 National Pollutant Discharge Elimination System (NPDES): Use of Sufficiently Sensitive Test Methods for Permit Applications and Reporting Test Procedures for the Analysis of Co-Planar and Mono-Ortho-Substituted Polychlorinated 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, Section 4103(b) Regulations Effluent Limitations Guidelines and Standards for the Construction and Development Point Source Category Revisions to the National Oil and Hazardous Substances Pollution Contingency Plan; Product Schedule Listing Requirements Identification of Non-Hazardous Secondary 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 Withdrawal of Expansion of RCRA Comparable Fuels Exclusion 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 Modifications to RCRA Rules Associated With Solvent-Contaminated Industrial Wipes Revision to Definition of Volatile Organic Compounds-Exclusion of Methyl Iodide Protection of Stratospheric Ozone: Amendments to the 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 159 ------- Spring 2010 Semiannual Regulatory Agenda 2060-AQ02 2060-AO15 2060-AO38 2060-AK26 2060-AO42 2060-AP23 2060-AQ03 2060-AQ13 2060-AQ15 2060-AO25 2060-AN43 2060-AI62 2060-AE94 2060-AO55 2060-AO66 2060-AP07 2060-AP93 2060-AN46 2060-AO94 2060-AO98 2060-AO04 2060-AN58 2060-AP36 2060-AP81 2070-AJ38 2070-AJ32 2070-AJ26 2070-AJ50 2070-AJ08 2070-AJ04 2070-AJ43 2070-AJ71 2070-AJ47 2070-AJ54 Hydrofluoropolyethers (HFPEs) and HFE-347pc-f Corporate Parent and NAICS Code in the Greenhouse Gas Mandatory Reporting Rule Requirements NESHAP: Portland Cement Notice of Reconsideration 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 Restructuring of the Stationary Source Audit Program Regulation To Establish Mandatory Reporting of GHGs From Industrial Landfills, Wastewater, Underground Coal Mines, and Magnesium Production National Emission Standards for Hazardous Air Pollutants for Reciprocating Internal Combustion Engines-Existing Stationary Spark Ignition (Gas-Fired) Minor Harmonizing Changes to General Provisions of the GHG Mandatory Reporting Rule Revision of Hearing-Protector Regulations Federal Plan Requirements for Other Solid Waste Incineration Units Constructed on or Before December 9, 2004 National VOC Emission Standards for Consumer Products; Amendments NSPS: SOCMI-Wastewater and Amendments Petroleum Refinery Residual Risk Standards Plywood and Composite Wood Products (PCWP) NESHAP-Proposed and Final Amendments To Address "No Emission Reduction" MACT Floors Remand of Halogenated Solvent Cleaning Final Residual Risk Rule Revision of New Source Performance Standards for New Residential Wood Heaters NESHAP: Area Source Standards—Chemical Preparations Industry NESHAP: Area Source Standards—Asphalt Processing and Asphalt Roofing Manufacturing NESHAP: Area Source Standards-Prepared (Animal) Feeds Manufacturing Hospital/Medical/lnfectious Waste Incineration Units-Response to Remand Protection of Stratospheric Ozone: Ban on the Sale or Distribution of Pre-Charged Appliances National Emission Standards for Hazardous Air Pollutants for Reciprocating Internal Combustion Engines—Compression Ignition NESHAP Standard Standards for Petroleum Refineries—Equipment Leaks Polychlorinated Biphenyls (PCBs); Reassessment of Use Authorizations Regulations To Facilitate Compliance With the Federal Insecticide, Fungicide, and Rodenticide Act by Producers of Plant-Incorporated Protectants (PIPs) Pesticides; Determination of Status of Prions as Pests TSCA Section 13 Amendment: Electronic Reporting of TSCA Chemical Import Data in the Automated Commercial Environment (ACE) Decabromodiphenyl Ether (DecaBDE), Pentabromodiphenyl Ether (PentaBDE), and Octabromodiphenyl Ether (OctaBDE) TSCA Inventory Nomenclature for Enzymes and Proteins TSCA Inventory Update Reporting Modifications Significant New Use Rule; Elemental Mercury Used in Barometers, Manometers, Hygrometers, and Psychrometers Test Rule; Certain Nanoscale Materials Nanoscale Materials; TSCA Section 8(a) Reporting for Nanoscale Materials 160 ------- Spring 2010 Semiannual Regulatory Agenda 2070-AJ67 2070-AA58 2070-AD16 2070-AA59 2070-AB27 2070-AJ31 2070-AB79 2070-AC76 2070-AJ29 2070-AD30 2070-AD14 2070-AJ45 2070-AC51 2070-AC37 2070-AC64 2070-AJ46 2070-AD53 2070-AJ63 2070-AD64 2070-AB08 2070-AB11 2070-AB94 2070-AD44 2070-AJ07 2070-AJ21 2070-AD58 Nanoscale Materials; Significant New Use Rule (SNUR) Follow-Up Rules on Existing Chemicals Test Rule; Testing of Certain High Production Volume (HPV) Chemicals 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 Test Rule; Hazardous Air Pollutants (HAPs) Pesticide Agricultural Container Recycling Program Pesticides; Data Requirements for Antimicrobials Pesticides; Registration Requirements for Antimicrobial Pesticide Products Pesticides; Reconsideration of Exemptions for Insect Repellents Asbestos Model Accreditation Plan Revisions Refractory Ceramic Fibers (RCFs) Lead-Based Paint Activities; Bridges and Structures; Training, Accreditation, and Certification Rule and Model State Plan Rule Mercury; Regulation of Use in Certain Products TSCA Policy Statement on Oversight of Transgenic Organisms (Including Plants) TSCA Reporting Requirements; Minor Revisions 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 of Existing Chemicals (Overview Entry for Future Needs) Test Rule; Multiple Substance Rule for the Testing of Developmental and Reproductive Toxicity Testing Agreement for Aryl Phosphates (ITC List 2) Clarification on TSCA Inventory Status of Activated Phosphors Amendment to the Premanufacture Notification Exemptions; Revisions of Exemptions for Certain Polymers Governmental 2040-AF09 2040-AC84 2040-AE69 2040-AD09 2040-AD02 2040-AC13 2040-AB85 2040-AE91 Jurisdictions Guidelines Establishing Test Procedures for the Analysis of Pollutants Under the Clean Water Act; Analysis and Sampling Procedures National Pollutant Discharge Elimination System (NPDES): Use of Sufficiently Sensitive Test Methods for Permit Applications and Reporting Effluent Limitations Guidelines and Standards for Airport Deicing Operations 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 National Primary Drinking Water Regulations: Aldicarb Shore Protection Act, Section 4103(b) Regulations Effluent Limitations Guidelines and Standards for the Construction and Development Point Source Category 161 ------- Spring 2010 Semiannual Regulatory Agenda 2050-AG46 2050-AG45 2060-AN43 2070-AA58 2070-AC51 2070-AC64 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 Federal Plan Requirements for Other Solid Waste Incineration Units Constructed on or Before December 9, 2004 Follow-Up Rules on Existing Chemicals Asbestos Model Accreditation Plan Revisions Lead-Based Paint Activities; Bridges and Structures; Training, Accreditation, and Certification Rule and Model State Plan Rule Organizations 2040-AC13 2050-AG45 2060-AP21 2070-AC64 2070-AD53 2070-AD64 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 Lead-Based Paint Activities; Bridges and Structures; Training, Accreditation, and Certification Rule and Model State Plan Rule TSCA Policy Statement on Oversight of Transgenic Organisms (Including Plants) Lead-Based Paint; Amendments to the Requirements for Disclosure of Known Lead-Based Paint or Lead-Based Paint Hazards in Target Housing 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-AA28 2025-AA16 2025-AA17 2040-AF09 2040-AE95 2040-AC84 2040-AF12 NPDES Electronic Reporting Rule Toxics Release Inventory; Addition of National Toxicology Program Carcinogens TRI; Response to Petition To Delete Chromium, Antimony, and 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 National Pollutant Discharge Elimination System (NPDES): Use of Sufficiently Sensitive Test Methods for Permit Applications and Reporting Amendment to Effluent Guidelines for Primary Aluminum Smelting Subcategory of the Nonferrous 162 ------- Spring 2010 Semiannual Regulatory Agenda 2040-AD89 2040-AF11 2040-AE69 2040-AE87 2040-AE98 2040-AF16 2040-AD09 2040-AD39 2040-AD02 2040-AD87 2040-AF20 2040-AA94 2040-AC13 2040-AD40 2040-AE91 2040-AE77 2050-AE87 2050-AG59 2050-AE81 2050-AG44 2050-AG60 2050-AG46 2050-AG58 2050-AG22 2050-AG40 2050-AG45 2050-AG20 2050-AG39 2050-AE51 2050-AG34 2050-AF01 2050-AG54 Metals Manufacturing Point Source Category Regulations for Gray and Black Water Discharges From Cruise Ships Operating in Certain Alaskan Waters Water Quality Standards (Numeric Nutrient Criteria) for Florida's Lakes and Flowing Waters Effluent Limitations Guidelines and Standards for Airport Deicing Operations Guidance for Implementing the Methylmercury Water Quality Criterion Federal Requirements Under the Underground Injection Control (UIC) Program for Carbon Dioxide (CO2) Geologic Sequestration (GS) Wells Water Quality Standards Regulatory Clarifications Test Procedures for the Analysis of Co-Planar and Mono-Ortho-Substituted Polychlorinated Biphenyls (PCBs) Under the Clean Water Act Uniform National Discharge Standards for Vessels of the Armed Forces—Phase II NPDES 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 Revised Regulations for Concentrated Animal Feeding Operations (CAFOs) in the Chesapeake Bay Watershed National Primary Drinking Water Regulations: Radon National Primary Drinking Water Regulations: Aldicarb Underground Injection Control: Update of State Programs Effluent Limitations Guidelines and Standards for the Construction and Development Point Source Category New/Revised Ambient Water Quality Criteria (AWQC) for Recreational Waters Revisions to the National Oil and Hazardous Substances Pollution Contingency Plan; Product Schedule Listing Requirements SPCC Compliance Date Extension Standards for the Management of Coal Combustion Residuals Generated by Commercial Electric Power Producers Identification of Non-Hazardous Secondary Materials That Are Solid Wastes Hazardous Waste Management Systems: Identification and Listing of Hazardous Waste: Carbon Dioxide (CO2) Injectate in Geological Sequestration Activities Revising Underground Storage Tank Regulations—Revisions to Existing Requirements and Additions To Incorporate the Provisions of the Energy Policy Act Revision of Cooperative Agreements and Superfund State Contracts for Superfund Response Actions National Contingency Plan Revisions To Align With the National Response Plan Emergency Planning and Community Right-To-Know Act: Amendments and Streamlining Rule Standards for the 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 Revisions—Standards and Procedures for Electronic Manifests Amendment to the Universal Waste Rule: Addition of Pharmaceuticals Modifications to RCRA Rules Associated With Solvent-Contaminated Industrial Wipes 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 163 ------- Spring 2010 Semiannual Regulatory Agenda 2050-AG16 2060-AP22 2060-AI43 2060-AO47 2060-AP72 2060-AP26 2060-AO50 2060-AN33 2060-AM44 2060-ANOO 2060-AN17 2060-AP24 2060-AP30 2060-AP50 2060-AP52 2060-AP80 2060-AP91 2060-AQ01 2060-AQ08 2060-AQ23 2060-AQ25 2060-AO48 2060-AP75 2060-AH23 2060-AO15 2060-AH93 2060-AO42 2060-AN68 2060-AO24 2060-AO58 2060-AO96 2060-AP15 Involvement in Generating Laboratory Hazardous Waste Revisions to the Spill Prevention, Control, and Countermeasure (SPCC) Rule Revision to Definition of Volatile Organic Compounds—Exclusion of Methyl Iodide Review of the National Ambient Air Quality Standards for Carbon Monoxide Review of the National Ambient Air Quality Standards for Particulate Matter Decision To Allow States Up to 3 Years To Revise Implementation Plans for PM2.5; Proposal To Revise the Interpollutant Trading Policy for PM2.5 Offsets NESHAP Subpart W: Standards for Radon Emissions From Operating Uranium Mill Tailings: Review Measurement of PM2.5 and PM10 Emissions by Dilution Sampling NESHAP: Polyvinyl Chloride and Copolymers Production, Amendments National Emission Standards for Hazardous Air Pollutants for Area Sources: Industrial, Commercial, and Institutional Boilers 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 Implementation Rule for a Reconsidered Ozone NAAQS in 2010 Implementation of the 1997 8-hour Ozone National Ambient Air Quality Standard: NSR Anti- Backsliding Transport Rule (CAIR Replacement Rule) National Emission Standards for Hazardous Air Pollutants for Coal- and Oil-Fired Electric Utility Steam Generating Units 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 Revisions to Test Methods and Testing Regulations Action To Ensure Authority of State and Local Air Permit Programs To Regulate All Pollutants Elsewhere Subject to Regulation Under the Clean Air Act Method 16C for the Determination of Total Reduced Sulfur Emissions From Stationary Sources National Emission Standards for Hazardous Air Pollutants for Major Source Industrial, Commercial, and Institutional Boilers and Process Heaters Review of the Primary National Ambient Air Quality Standard for Sulfur Dioxide Implementation of the New Source Review Program for Particulate Matter Less Than 2.5 Micrometers—Repeal of Grandfathering Provision and End Early the PM10 Surrogate Policy Amendments to Standards of Performance for New Stationary Sources; Monitoring Requirements NESHAP: Portland Cement Notice of Reconsideration Revisions to the General Conformity Regulations Review of New Source Performance Standards-Portland Cement 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-Hr Ozone NAAQS: Classification of Subpart 1 Areas and Revision to Anti-Backsliding Provisions; Deletion of Obsolete 1-Hr Ozone Standard Provisions Ambient Ozone Monitoring Regulations: Revisions to Network Design Requirements 164 ------- Spring 2010 Semiannual Regulatory Agenda 2060-AP77 2060-AP86 2060-AP98 2060-AQ21 2060-AQ24 2060-AO72 2060-AP38 2060-AN43 2060-AK54 2060-AK73 2060-AI62 2060-AI97 2060-AM75 2060-AM87 2060-AN93 2060-APOO 2060-AP07 2060-AQ11 2060-AQ20 2060-AP43 2060-AO19 2060-AP65 2060-AO11 2060-AM45 2060-AO23 2060-AP31 2060-AP73 2060-AP87 2070-AJ32 2070-AJ26 2070-AJ57 2070-AA58 2070-AJ55 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 Implementation of the New Source Review Program for Particulate Matter (PM) Less Than 2.5 Micrometers—Ending of NSR Transition Period for Condensable PM Standards of Performance for New Stationary Sources and Emissions Guidelines for Existing Sources: Hospital/Medical/lnfectious Waste Incinerators; Amendments Review of the Secondary National Ambient Air Quality Standards for Oxides of Nitrogen and Oxides of Sulfur 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 National Emission Standards for Hazardous Air Pollutants for Stationary Combustion Turbines- Petition To Delist National VOC Emission Standards for Consumer Products; Amendments Inspection/Maintenance Program Requirements for Federal Facilities; Amendment NESHAP: General Provisions (Once In Always In)-Amendments NESHAP: Taconite Iron Ore Processing; Amendments Improving Implementation of the Operating Permit Rules in Response to CAAA Committee Recommendations Prevention of Air Pollution Emergency Episodes Remand of Halogenated Solvent Cleaning Final Residual Risk Rule Risk and Technology Review for Ferroalloys Production Residual Risk and Technology Review Amendments to the Phosphoric Acid and Phosphate Fertilizer Production NESHAPs Revision of Health and Environmental Protection Standards for Uranium and Thorium Mill Tailings and Uranium In Situ Leaching Processing Facilities 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 Air Quality Index Reporting and Significant Harm Level for PM2.5 Flexible Air Permit Rule Reconsideration of Stationary Combustion Turbine NSPS Protocols for Monitoring and Measuring Mercury Emissions Reconsideration of Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Reconsideration of Inclusion of Fugitive Emissions Interpretation of Regulations That Determine Pollutants Covered by the Clean Air Act Permitting Programs Regulations To Facilitate Compliance With the Federal Insecticide, Fungicide, and Rodenticide Act by Producers of Plant-Incorporated Protectants (PIPs) Pesticides; Determination of Status of Prions as Pests Lead; Clearance and Clearance Testing Requirements for the Renovation, Repair, and Painting Program Follow-Up Rules on Existing Chemicals Lead; Amendment to the Opt-Out and Recordkeeping Provisions in the Renovation, Repair, and Painting Program 165 ------- Spring 2010 Semiannual Regulatory Agenda 2070-AJ20 2070-AJ22 2070-AJ45 2070-AC51 2070-AC64 2070-AJ64 2070-AD64 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 Lead Wheel Weights; Regulatory Investigation Lead-Based Paint; Amendments to the Requirements for Disclosure of Known Lead-Based Paint or Lead-Based Paint Hazards in Target Housing Local 2040-AE95 2040-AC84 2040-AE69 2040-AD39 2040-AD02 2040-AD87 2040-AA94 2040-AC13 2040-AB85 2040-AE91 2050-AE87 2050-AG59 2050-AE81 2050-AG44 2050-AG46 2050-AG58 2050-AG22 2050-AG40 2050-AG45 2050-AG20 2050-AG39 2050-AF01 2050-AG54 2050-AG16 2060-AI43 Criteria and Standards for Cooling Water Intake Structures National Pollutant Discharge Elimination System (NPDES): Use of Sufficiently Sensitive Test Methods for Permit Applications and Reporting Effluent Limitations Guidelines and Standards for Airport Deicing Operations Uniform National Discharge Standards for Vessels of the Armed Forces—Phase II 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, Section 4103(b) Regulations Effluent Limitations Guidelines and Standards for the Construction and Development Point Source Category Revisions to the National Oil and Hazardous Substances Pollution Contingency Plan; Product Schedule Listing Requirements SPCC Compliance Date Extension Standards for the Management of Coal Combustion Residuals Generated by Commercial Electric Power Producers Identification of Non-Hazardous Secondary 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 Revision of Cooperative Agreements and Superfund State Contracts for Superfund Response Actions National Contingency Plan Revisions To Align With the National Response Plan Emergency Planning and Community Right-To-Know Act: Amendments and Streamlining Rule Standards for the 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 Revisions—Standards and Procedures for Electronic Manifests 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 Revisions to the Spill Prevention, Control, and Countermeasure (SPCC) Rule Review of the National Ambient Air Quality Standards for Carbon Monoxide 166 ------- Spring 2010 Semiannual Regulatory Agenda 2060-AO47 2060-AP72 2060-AO50 2060-AM44 2060-ANOO 2060-AN17 2060-AP30 2060-AP50 2060-AP52 2060-AP80 2060-AP90 2060-AQ01 2060-AQ08 2060-AQ23 2060-AQ25 2060-AO48 2060-AP75 2060-AO15 2060-AH93 2060-AO42 2060-AO24 2060-AO58 2060-AO96 2060-AP15 2060-AP77 2060-AP86 2060-AP98 2060-AQ21 2060-AO72 2060-AP38 2060-AN43 2060-AK54 Review of the National Ambient Air Quality Standards for Particulate Matter Decision To Allow States Up to 3 Years To Revise Implementation Plans for PM2.5; Proposal To Revise the Interpollutant Trading Policy for PM2.5 Offsets Measurement of PM2.5 and PM10 Emissions by Dilution Sampling National Emission Standards for Hazardous Air Pollutants for Area Sources: Industrial, Commercial, and Institutional Boilers 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 Implementation of the 1997 8-hour Ozone National Ambient Air Quality Standard: NSR Anti- Backsliding Transport Rule (CAIR Replacement Rule) National Emission Standards for Hazardous Air Pollutants for Coal- and Oil-Fired Electric Utility Steam Generating Units Reconsideration of the Prevention of Significant Deterioration and Nonattainment New Source Review NSR: Aggregation NSPS/Emission Guidelines (EG) for Sewage Sludge Incinerators Revisions to Test Methods and Testing Regulations Action To Ensure Authority of State and Local Air Permit Programs To Regulate All Pollutants Elsewhere Subject to Regulation Under the Clean Air Act Method 16C for the Determination of Total Reduced Sulfur Emissions From Stationary Sources National Emission Standards for Hazardous Air Pollutants for Major Source Industrial, Commercial, and Institutional Boilers and Process Heaters Review of the Primary National Ambient Air Quality Standard for Sulfur Dioxide Implementation of the New Source Review Program for Particulate Matter Less Than 2.5 Micrometers—Repeal of Grandfathering Provision and End Early the PM10 Surrogate Policy NESHAP: Portland Cement Notice of Reconsideration Revisions to the General Conformity Regulations Review of New Source Performance Standards—Portland Cement Prevention of Significant Deterioration for PM2.5—Increments, Significant Impact Levels, and Significant Monitoring Concentrations Methods for Measurement of Filterable PM10 and PM2.5 and Measurement of Condensable Particulate Matter Emissions From Stationary Sources Implementation of the 1997 8-Hr Ozone NAAQS: Classification of Subpart 1 Areas and Revision to Anti-Backsliding Provisions; Deletion of Obsolete 1-Hr Ozone Standard Provisions Ambient Ozone Monitoring Regulations: Revisions to Network Design Requirements 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 Implementation of the New Source Review Program for Particulate Matter (PM) Less Than 2.5 Micrometers—Ending of NSR Transition Period for Condensable PM Review of the Secondary National Ambient Air Quality Standards for Oxides of Nitrogen and Oxides of Sulfur 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 167 ------- Spring 2010 Semiannual Regulatory Agenda 2060-AK73 2060-AI62 2060-AM08 2060-AM75 2060-AN93 2060-APOO 2060-AQ20 2060-AO19 2060-AP65 2060-AO11 2060-AM45 2060-AO23 2060-AP31 2060-AP73 2060-AP87 2070-AJ57 2070-AA58 2070-AJ55 2070-AJ20 2070-AC51 2070-AC64 2070-AJ64 2070-AD64 National Emission Standards for Hazardous Air Pollutants for Stationary Combustion Turbines- Petition To Delist National VOC Emission Standards for Consumer Products; Amendments NSPS for Municipal Solid Waste Landfills NESHAP: General Provisions (Once In Always In)-Amendments Improving Implementation of the Operating Permit Rules in Response to CAAA Committee Recommendations Prevention of Air Pollution Emergency Episodes Residual Risk and Technology Review Amendments to the Phosphoric Acid and Phosphate Fertilizer Production NESHAPs 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 Air Quality Index Reporting and Significant Harm Level for PM2.5 Flexible Air Permit Rule Reconsideration of Stationary Combustion Turbine NSPS Protocols for Monitoring and Measuring Mercury Emissions Reconsideration of Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Reconsideration of Inclusion of Fugitive Emissions Interpretation of Regulations That Determine Pollutants Covered by the Clean Air Act Permitting Programs Lead; Clearance and Clearance Testing Requirements for the Renovation, Repair, and Painting Program Follow-Up Rules on Existing Chemicals Lead; Amendment to the Opt-Out and Recordkeeping Provisions in the Renovation, Repair, and Painting Program 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 Wheel Weights; Regulatory Investigation Lead-Based Paint; Amendments to the Requirements for Disclosure of Known Lead-Based Paint or Lead-Based Paint Hazards in Target Housing Tribal 2009-AAOO 2020-AA47 2040-AC84 2040-AE87 2040-AE98 2040-AF16 2040-AD39 2040-AD02 Source-Specific Federal Implementation Plan for Navajo Generating Station; Navajo Nation NPDES Electronic Reporting Rule National Pollutant Discharge Elimination System (NPDES): Use of Sufficiently Sensitive Test Methods for Permit Applications and Reporting Guidance for Implementing the Methylmercury Water Quality Criterion Federal Requirements Under the Underground Injection Control (UIC) Program for Carbon Dioxide (CO2) Geologic Sequestration (GS) Wells Water Quality Standards Regulatory Clarifications Uniform National Discharge Standards for Vessels of the Armed Forces-Phase II NPDES Permit Requirements for Municipal Sanitary and Combined Sewer Collection Systems, Municipal Satellite Collection Systems, Sanitary Sewer Overflows, and Peak Excess Flow Treatment Facilities 168 ------- Spring 2010 Semiannual Regulatory Agenda 2040-AD87 2040-AA94 2040-AC13 2040-AE77 2050-AE87 2050-AG59 2050-AE81 2050-AG44 2050-AG60 2050-AG46 2050-AG58 2050-AG22 2050-AG40 2050-AG45 2050-AG20 2050-AF01 2050-AG16 2060-AI43 2060-AO47 2060-AP72 2060-AM44 2060-ANOO 2060-AP52 2060-AP80 2060-AQ08 2060-AO48 2060-AH37 2060-AP75 2060-AO15 2060-AH93 2060-AO42 2060-AO24 2060-AP15 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 New/Revised Ambient Water Quality Criteria (AWQC) for Recreational Waters Revisions to the National Oil and Hazardous Substances Pollution Contingency Plan; Product Schedule Listing Requirements SPCC Compliance Date Extension Standards for the Management of Coal Combustion Residuals Generated by Commercial Electric Power Producers Identification of Non-Hazardous Secondary Materials That Are Solid Wastes Hazardous Waste Management Systems: Identification and Listing of Hazardous Waste: Carbon Dioxide (CO2) Injectate in Geological Sequestration Activities Revising Underground Storage Tank Regulations-Revisions to Existing Requirements and Additions To Incorporate the Provisions of the Energy Policy Act Revision of Cooperative Agreements and Superfund State Contracts for Superfund Response Actions National Contingency Plan Revisions To Align With the National Response Plan Emergency Planning and Community Right-To-Know Act: Amendments and Streamlining Rule Standards for the 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 Revisions—Standards and Procedures for Electronic Manifests RCRA Smarter Waste Reporting 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 Decision To Allow States Up to 3 Years To Revise Implementation Plans for PM2.5; Proposal To Revise the Interpollutant Trading Policy for PM2.5 Offsets National Emission Standards for Hazardous Air Pollutants for Area Sources: Industrial, Commercial, and Institutional Boilers Implementing Periodic Monitoring in Federal and State Operating Permit Programs National Emission Standards for Hazardous Air Pollutants for Coal- and Oil-Fired Electric Utility Steam Generating Units Reconsideration of the Prevention of Significant Deterioration and Nonattainment New Source Review NSR: Aggregation Action To Ensure Authority of State and Local Air Permit Programs To Regulate All Pollutants Elsewhere Subject to Regulation Under the Clean Air Act Review of the Primary National Ambient Air Quality Standard for Sulfur Dioxide Review of New Sources and Modifications in Indian Country Implementation of the New Source Review Program for Particulate Matter Less Than 2.5 Micrometers-Repeal of Grandfathering Provision and End Early the PM10 Surrogate Policy NESHAP: Portland Cement Notice of Reconsideration Revisions to the General Conformity Regulations Review of New Source Performance Standards-Portland Cement Prevention of Significant Deterioration for PM2.5-lncrements, Significant Impact Levels, and Significant Monitoring Concentrations Ambient Ozone Monitoring Regulations: Revisions to Network Design Requirements 169 ------- Spring 2010 Semiannual Regulatory Agenda 2060-AP86 2060-AP98 2060-AQ21 2060-AO72 2060-AP38 2060-AN43 2060-AK54 2060-AI62 2060-AM08 2060-AM75 2060-AN93 2060-APOO 2060-AP07 2060-AP43 2060-AO19 2060-AP65 2060-AO11 2060-AM45 2060-AO23 2060-AP73 2060-AP87 2070-AJ32 2070-AJ57 2070-AJ55 2070-AJ20 2070-AJ22 2070-AC51 2070-AC64 2070-AJ64 2070-AD64 Prevention of Significant Deterioration/Title V Greenhouse Gas Tailoring Rule Reconsideration of the 2008 Ozone National Ambient Air Quality Standards Implementation of the New Source Review Program for Particulate Matter (PM) Less Than 2.5 Micrometers—Ending of NSR Transition Period for Condensable PM Review of the Secondary National Ambient Air Quality Standards for Oxides of Nitrogen and Oxides of Sulfur 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 National VOC Emission Standards for Consumer Products; Amendments NSPS for Municipal Solid Waste Landfills NESHAP: General Provisions (Once In Always In)-Amendments Improving Implementation of the Operating Permit Rules in Response to CAAA Committee Recommendations Prevention of Air Pollution Emergency Episodes Remand of Halogenated Solvent Cleaning Final Residual Risk Rule Revision of Health and Environmental Protection Standards for Uranium and Thorium Mill Tailings and Uranium In Situ Leaching Processing Facilities 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 Air Quality Index Reporting and Significant Harm Level for PM2.5 Flexible Air Permit Rule Reconsideration of Stationary Combustion Turbine NSPS Reconsideration of Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Reconsideration of Inclusion of Fugitive Emissions Interpretation of Regulations That Determine Pollutants Covered by the Clean Air Act Permitting Programs Regulations To Facilitate Compliance With the Federal Insecticide, Fungicide, and Rodenticide Act by Producers of Plant-Incorporated Protectants (PIPs) 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 Pesticides; Competency Standards for Occupational Users Pesticides; Agricultural Worker Protection Standard Revisions Asbestos Model Accreditation Plan Revisions Lead-Based Paint Activities; Bridges and Structures; Training, Accreditation, and Certification Rule and Model State Plan Rule Lead Wheel Weights; Regulatory Investigation 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 NPDES Electronic Reporting Rule TRI; Response to Petition To Delete Acetonitrile From the Toxics Release Inventory List of Toxic 170 ------- Spring 2010 Semiannual Regulatory Agenda 2025-AA28 2025-AA27 2025-AA16 2025-AA17 2040-AF09 2040-AC84 2040-AE69 2040-AE98 2040-AD09 2040-AD39 2040-AF20 2Q40-AA94 2040-AC13 2040-AD40 2040-AB85 2040-AE91 2040-AE77 2050-AE87 2050-AG59 2050-AE81 2050-AG44 2050-AG60 2050-AG46 2050-AG58 2050-AG22 2050-AG40 2050-AE23 2050-AG45 2050-AG20 2050-AG39 2050-AE51 Chemicals Toxics Release Inventory; Addition of National Toxicology Program Carcinogens TRI: Intent To Consider Lifting Administrative Stay Regarding Hydrogen Sulfide Reporting Requirements; Opportunity for Public Comment TRI; Response to Petition To Delete Chromium, Antimony, and 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 National Pollutant Discharge Elimination System (NPDES): Use of Sufficiently Sensitive Test Methods for Permit Applications and Reporting Effluent Limitations Guidelines and Standards for Airport Deicing Operations Federal Requirements Under the Underground Injection Control (UIC) Program for Carbon Dioxide (CO2) Geologic Sequestration (GS) Wells Test Procedures for the Analysis of Co-Planar and Mono-Ortho-Substituted Polychlorinated Biphenyls (PCBs) Under the Clean Water Act Uniform National Discharge Standards for Vessels of the Armed Forces-Phase II Revised Regulations for Concentrated Animal Feeding Operations (CAFOs) in the Chesapeake Bay Watershed National Primary Drinking Water Regulations: Radon National Primary Drinking Water Regulations: Aldicarb Underground Injection Control: Update of State Programs Shore Protection Act, Section 4103(b) Regulations Effluent Limitations Guidelines and Standards for the Construction and Development Point Source Category New/Revised Ambient Water Quality Criteria (AWQC) for Recreational Waters Revisions to the National Oil and Hazardous Substances Pollution Contingency Plan; Product Schedule Listing Requirements SPCC Compliance Date Extension Standards for the Management of Coal Combustion Residuals Generated by Commercial Electric Power Producers Identification of Non-Hazardous Secondary Materials That Are Solid Wastes Hazardous Waste Management Systems: Identification and Listing of Hazardous Waste: Carbon Dioxide (CO2) Injectate in Geological Sequestration Activities Revising Underground Storage Tank Regulations-Revisions to Existing Requirements and Additions To Incorporate the Provisions of the Energy Policy Act Revision of Cooperative Agreements and Superfund State Contracts for Superfund Response Actions 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 Revisions—Standards and Procedures for Electronic Manifests Amendment to the Universal Waste Rule: Addition of Pharmaceuticals Modifications to RCRA Rules Associated With Solvent-Contaminated Industrial Wipes 171 ------- Spring 2010 Semiannual Regulatory Agenda 2050-AF01 2050-AG54 2050-AG16 2050-AE93 2050-AG42 2060-AI43 2060-AO47 2060-AP72 2060-AP26 2060-AN48 2060-AO50 2060-AN33 2060-AM44 2060-AM84 2060-ANOO 2060-AN17 2060-AP30 2060-AP52 2060-AP61 2060-AP80 2060-AQOO 2060-AQ01 2060-AQ08 2060-AQ17 2060-AQ23 2060-AQ25 2060-AH90 2060-AO48 2060-AH37 2060-AP75 2060-AH23 2060-AO31 RCRA Smarter Waste Reporting Identifying the Universe of Government Research in Laboratories and Determining Student Involvement in Generating Laboratory Hazardous Waste Revisions to the Spill Prevention, Control, and Countermeasure (SPCC) Rule Requirements forTransboundary Shipments of Wastes, Export Shipments of Spent Lead-Acid Batteries, Submitting Exception Reports for Export Shipments of Hazardous Wastes, and Imports of Hazardous Waste Polychlorinated Biphenyls (PCBs); Manufacturing (Import) Exemption for Disposal Review of the National Ambient Air Quality Standards for Carbon Monoxide Review of the National Ambient Air Quality Standards for Particulate Matter Decision To Allow States Up to 3 Years To Revise Implementation Plans for PM2.5; Proposal To Revise the Interpollutant Trading Policy for PM2.5 Offsets NESHAP Subpart W: Standards for Radon Emissions From Operating Uranium Mill Tailings: Review 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: Polyvinyl Chloride and Copolymers Production, Amendments National Emission Standards for Hazardous Air Pollutants for Area Sources: Industrial, Commercial, and Institutional Boilers 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 Implementation of the 1997 8-hour Ozone National Ambient Air Quality Standard: NSR Anti- Backsliding National Emission Standards for Hazardous Air Pollutants for Coal- and Oil-Fired Electric Utility Steam Generating Units Control of Greenhouse Gas Emissions From Heavy-Duty Vehicles Reconsideration of the Prevention of Significant Deterioration and Nonattainment New Source Review NSR: Aggregation Greenhouse Gas Reporting Rule for Additional Sources of Fluorinated GHGs Revisions to Test Methods and Testing Regulations Action To Ensure Authority of State and Local Air Permit Programs To Regulate All Pollutants Elsewhere Subject to Regulation Under the Clean Air Act Regulation To Prevent the Misfueling of Vehicles and Engines With Gasoline Containing Greater Than Ten Volume Percent Ethanol and Modifications to the Reformulated and Conventional Gasoline Programs Method 16C for the Determination of Total Reduced Sulfur Emissions From Stationary Sources National Emission Standards for Hazardous Air Pollutants for Major Source Industrial, Commercial, and Institutional Boilers and Process Heaters Technical Change to Dose Methodology Review of the Primary National Ambient Air Quality Standard for Sulfur Dioxide Review of New Sources and Modifications in Indian Country Implementation of the New Source Review Program for Particulate Matter Less Than 2.5 Micrometers—Repeal of Grandfathering Provision and End Early the PM10 Surrogate Policy Amendments to Standards of Performance for New Stationary Sources; Monitoring Requirements Amendment of Definitions for National Emissions Standards for Hazardous Pollutants for 172 ------- Spring 2010 Semiannual Regulatory Agenda 2060-AH93 2060-AO42 2060-AO24 2060-AP15 2060-AP77 2060-AP86 2060-AP98 2060-AQ21 2060-AO72 2060-AP38 2060-AN43 2060-AK54 2060-AI62 2060-AO68 2060-AI97 2060-AM75 2060-AM87 2060-AN93 2060-APOO 2060-AP07 2060-AQ11 2060-AQ20 2060-AP43 2060-AO19 2060-AP65 2060-AO11 2060-AM45 2060-AO23 2060-AP31 2060-AP73 2060-AP87 2070-AJ27 2070-AJ32 Radionuclides Revisions to the General Conformity Regulations Review of New Source Performance Standards—Portland Cement Prevention of Significant Deterioration for PM2.5—Increments, Significant Impact Levels, and Significant Monitoring Concentrations Ambient Ozone Monitoring Regulations: Revisions to Network Design Requirements 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 Implementation of the New Source Review Program for Particulate Matter (PM) Less Than 2.5 Micrometers—Ending of NSR Transition Period for Condensable PM Review of the Secondary National Ambient Air Quality Standards for Oxides of Nitrogen and Oxides of Sulfur 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 National VOC Emission Standards for Consumer Products; Amendments Protection of Stratospheric Ozone: Labeling of Products Using HCFCs Inspection/Maintenance Program Requirements for Federal Facilities; Amendment NESHAP: General Provisions (Once In Always In)—Amendments NESHAP: Taconite Iron Ore Processing; Amendments Improving Implementation of the Operating Permit Rules in Response to CAAA Committee Recommendations Prevention of Air Pollution Emergency Episodes Remand of Halogenated Solvent Cleaning Final Residual Risk Rule Risk and Technology Review for Ferroalloys Production Residual Risk and Technology Review Amendments to the Phosphoric Acid and Phosphate Fertilizer Production NESHAPs Revision of Health and Environmental Protection Standards for Uranium and Thorium Mill Tailings and Uranium In Situ Leaching Processing Facilities 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 Air Quality Index Reporting and Significant Harm Level for PM2.5 Flexible Air Permit Rule Reconsideration of Stationary Combustion Turbine NSPS Protocols for Monitoring and Measuring Mercury Emissions Reconsideration of Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Reconsideration of Inclusion of Fugitive Emissions Interpretation of Regulations That Determine Pollutants Covered by the Clean Air Act Permitting Programs Pesticides; Data Requirements for Plant-Incorporated Protectants (PIPs) and Certain Exemptions for PIPs Regulations To Facilitate Compliance With the Federal Insecticide, Fungicide, and Rodenticide Act by Producers of Plant-Incorporated Protectants (PIPs) 173 ------- Spring 2010 Semiannual Regulatory Agenda 2070-AJ26 2070-AJ08 2070-AJ57 2070-AA58 2070-AD16 2070-AJ55 2070-AB79 2070-AC76 2070-AD30 2070-AJ49 2070-AJ23 2070-AD49 2070-AJ20 2070-AJ22 2070-AD14 2070-AJ45 2070-AC51 2070-AC64 2070-AD53 2070-AD64 2070-AB94 2070-AD44 2070-AJ07 Pesticides; Determination of Status of Prions as Pests Decabromodiphenyl Ether (DecaBDE), Pentabromodiphenyl Ether (PentaBDE), and Octabromodiphenyl Ether (OctaBDE) Lead; Clearance and Clearance Testing Requirements for the Renovation, Repair, and Painting Program Follow-Up Rules on Existing Chemicals Test Rule; Testing of Certain High Production Volume (HPV) Chemicals Lead; Amendment to the Opt-Out and Recordkeeping Provisions in the Renovation, Repair, and Painting Program Test Rule; Certain Chemicals on the ATSDR Priority List of Hazardous Substances Test Rule; Hazardous Air Pollutants (HAPs) Pesticides; Data Requirements for Antimicrobials Pesticides; Data Requirements for Product Performance Pesticides; Tolerance Processing Fees Plant Incorporated Protectants (PIPs); Exemption for Those Based on Viral Coat Protein Genes Pesticides; Competency Standards for Occupational Users Pesticides; Agricultural Worker Protection Standard Revisions Pesticides; Registration Requirements for Antimicrobial Pesticide Products 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 TSCA Policy Statement on Oversight of Transgenic Organisms (Including Plants) Lead-Based Paint; Amendments to the Requirements for Disclosure of Known Lead-Based Paint or Lead-Based Paint Hazards in Target Housing Testing of Existing Chemicals (Overview Entry for Future Needs) Test Rule; Multiple Substance Rule for the Testing of Developmental and Reproductive Toxicity Testing Agreement for Aryl Phosphates (ITC List 2) 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 2040-AD39 2040-AA94 2040-AE91 2050-AE81 NPDES Electronic Reporting Rule Uniform National Discharge Standards for Vessels of the Armed Forces-Phase II National Primary Drinking Water Regulations: Radon Effluent Limitations Guidelines and Standards for the Construction and Development Point Source Category Standards for the Management of Coal Combustion Residuals Generated by Commercial Electric Power Producers 174 ------- Spring 2010 Semiannual Regulatory Agenda F. INDEX TO ENTRIES THAT ARE ECONOMICALLY SIGNIFICANT As defined in Executive Order 12866, a rulemaking action that will have an annual effect on the economy of $100 million or more or will adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities. The definition of an "economically significant" rule is similar but not identical to the definition of a "major" rule under 5 USC 801 (Pub. L. 104-121). 2040-AE95 2Q40-AA94 2040-AE91 2050-AE81 2050-AG46 2050-AG50 2050-AG16 2060-AI43 2060-AO47 2060-AM44 2060-ANOO 2060-AP50 2060-AP52 2060-AP61 2060-AQ25 2060-AO48 2060-AO15 2060-AO42 2060-AP58 2060-AP98 2060-AQ13 2060-AO72 2060-AP38 2060-AO19 2060-AO81 2060-AP36 2070-AJ56 2070-AJ57 Criteria and Standards for Cooling Water Intake Structures National Primary Drinking Water Regulations: Radon Effluent Limitations Guidelines and Standards for the Construction and Development Point Source Category Standards for the Management of Coal Combustion Residuals Generated by Commercial Electric Power Producers Revising Underground Storage Tank Regulations-Revisions to Existing Requirements and Additions To Incorporate the Provisions of the Energy Policy Act Oil Pollution Prevention: Spill Prevention, Control, and Countermeasure Rule Requirements- Amendments for Milk Containers 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 National Emission Standards for Hazardous Air Pollutants for Area Sources: Industrial, Commercial, and Institutional Boilers Implementing Periodic Monitoring in Federal and State Operating Permit Programs Transport Rule (CAIR Replacement Rule) National Emission Standards for Hazardous Air Pollutants for Coal- and Oil-Fired Electric Utility Steam Generating Units Control of Greenhouse Gas Emissions From Heavy-Duty Vehicles National Emission Standards for Hazardous Air Pollutants for Major Source Industrial, Commercial, and Institutional Boilers and Process Heaters Review of the Primary National Ambient Air Quality Standard for Sulfur Dioxide NESHAP: Portland Cement Notice of Reconsideration Review of New Source Performance Standards-Portland Cement EPA/NHTSA Joint Rulemaking To Establish Light-Duty Greenhouse Gas Emission Standards and Corporate Average Fuel Economy Standards Reconsideration of the 2008 Ozone National Ambient Air Quality Standards National Emission Standards for Hazardous Air Pollutants for Reciprocating Internal Combustion Engines-Existing Stationary Spark Ignition (Gas-Fired) Review of the Secondary National Ambient Air Quality Standards for Oxides of Nitrogen and Oxides of Sulfur Review of the National Ambient Air Quality Standards for Ozone Review of the Primary National Ambient Air Quality Standard for Nitrogen Dioxide Renewable Fuels Standard Program National Emission Standards for Hazardous Air Pollutants for Reciprocating Internal Combustion Engines-Compression Ignition Lead; Renovation, Repair, and Painting Program for Public and Commercial Buildings Lead; Clearance and Clearance Testing Requirements for the Renovation, Repair, and Painting Program 175 ------- Spring 2010 Semiannual Regulatory Agenda 2070-AJ55 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-AG42 2060-AN48 2060-AN30 2060-AP92 2060-AO38 2060-AM54 2060-AP11 2060-AP59 2060-AP62 2060-AL94 2060-AO68 2060-AN58 2060-AO76 2060-AO81 2070-AJ60 2070-AD16 2070-AJ46 2070-AJ44 2070-AD58 Polychlorinated Biphenyls (PCBs); Manufacturing (Import) Exemption for Disposal Protection of Stratospheric Ozone: Amending Requirements To Import Ozone-Depleting Substances for Destruction in the U.S. 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 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: Listing of Substitutes in the Motor Vehicle Air Conditioning Sector Under the Significant New Alternatives Policy (SNAP) Program Protection of Stratospheric Ozone: New Substitute in the Motor Vehicle Air Conditioning Sector Under the Significant New Alternatives Policy (SNAP) Program Protection of Stratospheric Ozone: 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: Process for Exempting Emergency Uses of Methyl Bromide Protection of Stratospheric Ozone: Labeling of Products Using HCFCs 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 Mercury Export Ban Act; Procedures for Essential Use Exemptions Test Rule; Testing of Certain High Production Volume (HPV) Chemicals Mercury; Regulation of Use in Certain Products Formaldehyde Emissions From Pressed Wood Products Amendment to the Premanufacture Notification Exemptions; Revisions of Exemptions for Certain Polymers 176 ------- ------- |