Air programs: state authority delegations: Semi-annual agenda

As Enacted ( Federal Register)

Cited authorities 193

Cited in

April 24, 2006 (Volume 71, Number 78)

Unified Agenda

From the Federal Register Online via GPO Access [frwais.access.gpo.gov]

DOCID: f:ua060424.wais

Page 23226-23388

Environmental Protection Agency

Part XXIV

Semiannual Regulatory Agenda

Page 23226

ENVIRONMENTAL PROTECTION AGENCY (EPA)

ENVIRONMENTAL PROTECTION AGENCY (EPA) 40 CFR Ch. I

FRL 8048-5

Spring 2006 Regulatory Agenda

AGENCY: Environmental Protection Agency.

ACTION: Semiannual regulatory agenda.

SUMMARY: The Environmental Protection Agency (EPA) publishes the semiannual regulatory agenda 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.

TO BE PLACED ON THE AGENDA MAILING LIST: If you would like to subscribe, please send an e-mail with your name and address to: ncepimal@one.net, or call 800-490-9198. There is no charge for a single copy of the agenda.

FOR FURTHER INFORMATION CONTACT:

If you have questions or comments about a particular action, please get in touch with the agency contact listed in each agenda entry. If you have general questions about or suggestions for improving the agenda or questions about EPA's decisionmaking process, please contact: Phil Schwartz (1803A), Environmental

Protection Agency, 1200 Pennsylvania Avenue NW., Washington, DC 20460; phone: (202) 564-6564; e-mail: schwartz.philip@epa.gov.

SUPPLEMENTARY INFORMATION:

Table of Contents

What Are EPA's Regulatory Goals and What Key Principles, Statutes, and Executive Orders Inform Our Rule and Policymaking Process?
How Can You Be Involved in EPA's Rule and Policymaking Process?
What Actions Are Included in the Agenda and What is the Relationship between the Agenda and Regulatory Plan?
How Is the Agenda Organized?
What Information Is in Agenda Entries?
How Can You Find Out More About EPA Rulemakings?
What Special Attention Do We Give to the Impacts of Rules on Small

Businesses, Small Governments, and Small Nonprofit Organizations?
Thank You for Collaborating with Us
What Are EPA's Regulatory Goals and What Key Principles, Statutes, and Executive Orders Inform Our Rule and Policymaking Process?

Our primary objective is to protect human health and the environment. One way we achieve this objective is through the development of regulations. In the United States, Congress passes laws and authorizes certain Government agencies, including EPA, to create and enforce regulations. EPA regulations cover a range of environmental and public health protection issues, from setting standards for clean water to establishing requirements for proper handling of toxic wastes to controlling air pollution from industry and other sources.

To ensure that our regulatory decisions are scientifically sound, cost-effective, fair, and effective in achieving environmental goals, we conduct high quality scientific, economic, and policy analyses. These analyses are planned and initiated at early stages in the regulatory development process, so that Agency decisionmakers are well informed of the qualitative and quantitative benefits and costs as they select among alternative approaches. It is also important that we continue to apply new and improved methods to protect the environment, such as: building flexibility into regulations from the very beginning, creating strong partnerships with the regulated community, vigorously engaging in public outreach and involvement, and using effective nonregulatory approaches. We seek collaborative solutions to shared challenges. Research, testing, and adoption of new environmental protection methods are also a central tenet in environmental problemsolving. The integration of all of these elements via a well-managed regulatory development process and a strong commitment to innovative solutions will ensure that we all benefit from significant environmental improvements that are fair, efficient, and protective. Our overall success is measured by our effectiveness in protecting human health and the environment. For a more expansive discussion of our regulatory philosophy and priorities please see the Statement of Priorities in the FY 2006

Regulatory Plan (www.epa.gov/regagenda).

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. Of particular significance for EPA rulemakings are 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), and 13211 (Energy; 66

FR 28355, May 22, 2001).

You can find information on these laws and Executive Orders through links from www.epa.gov/regagenda.
How Can You Be Involved in EPA's Rule and Policy Making 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). 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 non-regulatory 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

Page 23227

individual citizens, but with that power comes responsibility. We urge you to become involved in EPA's rule and policymaking process.
What Actions Are Included in the Agenda and What Is the Relationship

Between the Agenda and Regulatory Plan?

EPA includes regulations and certain major policy documents in the 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 Plan, which is required by Executive Order

(E.O.) 12866, is published along with the fall edition of the

Regulatory Agenda. The Plan includes a limited number of EPA actions, typically 20-45, which will be published during the current fiscal year and which are the centerpieces of our regulatory priorities. Plan entries include all of the information included in Agenda entries described in section E, below, as well as additional information about alternatives, the need for a

Federal solution, costs, benefits, and risks. You can see EPA's current Regulatory Plan at our epa.gov/regagenda website.
How is the Agenda Organized?

We have organized the Agenda:

First, into fourteen divisions based on the law that would authorize a particular action. These divisions are: 1. General, which includes crosscutting actions, such as rules authorized by multiple statutes and general acquisition rules 2. The Clean Air Act (CAA) 3. The Atomic Energy Act (AEA) 4. The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) 5. The Federal Food, Drug, and Cosmetic Act (FFDCA) 6. The Toxic Substances Control Act (TSCA) 7. The Emergency Planning and Community Right-to-Know Act (EPCRA) 8. Chemical Safety Information, Site Security and Fuels Regulatory

Relief Act 9. The Resource Conservation and Recovery Act (RCRA) 10. The Oil Pollution Act (OPA) 11. The Comprehensive Environmental Response, Compensation, and

Liability Act Superfund (CERCLA) 12. The Clean Water Act (CWA) 13. The Safe Drinking Water Act (SDWA) 14. The Shore Protection Act (SPA)

Second, by the current stage of development. The stages are: 1. Prerulemaking -- Prerulemaking actions are generally intended to determine whether EPA should initiate rulemaking. Prerulemakings may include anything that influences or leads to rulemaking, such as advance notices of proposed rulemaking (ANPRMs), significant studies or analyses of the possible need for regulatory action, announcement of reviews of existing regulations required under section 610 of the

Regulatory Flexibility Act, requests for public comment on the need for regulatory action, or important preregulatory policy proposals. 2. Proposed Rule -- This section includes EPA rulemaking actions that are within a year of proposal (publication of Notices of Proposed

Rulemakings (NPRMs)). 3. Final Rule -- This section includes rules that will be issued as a final rule within a year. 4. Long-Term Action -- This section includes rulemakings for which the next scheduled regulatory action is after March 2007. 5. Completed Action -- This section contains actions that have been promulgated and published in the Federal Register since publication of the fall 2005 Agenda. It also includes actions that we are no longer considering. If an action appears in the completed section, it will not appear in future Agendas unless we decide to initiate action again, in which case it will appear as a new entry. EPA also announces the results of our Regulatory Flexibility Act section 610 reviews in this section of the Agenda.
What Information Is in Agenda Entries?

Agenda entries include the following information, where applicable:

Sequence Number: This indicates where the entry appears in the agenda.

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

Page 23228

considered significant for other reasons. This category includes rules that may: 1. Create a serious inconsistency or otherwise interfere with an action taken or planned by another agency; 2. Materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients; or 3. Raise novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles in Executive Order 12866.

Substantive, Nonsignificant: A rulemaking that has substantive impacts but is not Significant, Routine and Frequent, or Informational/

Administrative/Other.

Routine and Frequent: A rulemaking that is a specific case of a recurring application of a regulatory program in the Code of Federal

Regulations (e.g., certain State Implementation Plans, National

Priority List updates, Significant New Use Rules, State Hazardous Waste

Management Program actions, and Tolerance Exemptions). If an action that would normally be classified Routine and Frequent is reviewed by the Office of Management and Budget under E.O. 12866, then we would classify the action as either ``Economically Significant'' or ``Other

Significant.''

Informational/Administrative/Other: An action that is primarily informational or pertains to an action outside the scope of E.O. 12866.

Also, if we believe that a rule may be ``major'' as defined in the Congressional Review Act (5 U.S.C. 801, et seq.) because it is likely to result in an annual effect on the economy of $100 million or more or meets other criteria specified in this law, we indicate this under the ``Priority'' heading with the statement ``Major under 5 U.S.C. 801.''

Legal Authority: The sections of the United States Code

(U.S.C.), Public Law (P.L.), Executive Order (E.O.), or common name of the law that authorizes the regulatory action.

CFR Citation: The sections of the Code of Federal Regulations that would be affected by the action.

Legal Deadline: An indication of whether the rule is subject to a statutory or judicial deadline, the date of that deadline, and whether the deadline pertains to a Notice of Proposed 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.

Agency Contact: The name, address, phone number, and e-mail address, if available, of a person who is knowledgeable about the regulation.

SAN Number: An identification number that EPA uses to track rulemakings and other actions under development.

URLs: For some of our actions we include the Internet addresses for: Reading copies of rulemaking documents; submitting comments on proposals; and getting more information about the rulemaking and the program of which it is a part. (Note: To submit comments on proposals, you can go to our electronic docket which is at: www.regulations.gov. Once there, follow the on-line instructions to access the docket and submit comments. A Docket identification (ID) number will assist in the search for materials. We include this number in the additional information section of many of the Agenda entries that have already been proposed.)

RIN: The Regulatory Identifier Number is used by OMB to identify and track rulemakings. The first four digits of the RIN stand for the EPA office with lead responsibility for developing the action.
How Can You Find Out More About EPA Rulemakings? 1. Public Dockets

When EPA publishes either an ANPRM or an NPRM in the Federal

Register, the Agency may establish a docket to accumulate materials throughout the development process for that rulemaking. The docket serves as the repository for the collection of documents or information related to a particular Agency action or activity. EPA most commonly uses dockets for rulemaking actions, but dockets may also be used for Regulatory Flexibility Act section 610 reviews of rules with significant impacts on a substantial number of small entities and various non-rulemaking activities, such as Federal

Register documents seeking public comments on draft guidance, policy statements, information collection requests under the

Paperwork Reduction Act, and other non-rule activities. 2. EPA Websites

Some of the actions listed in the Agenda include a URL that provides additional information.

Page 23229
1. Regulatory Agenda Databases and Search Engines
If you have access to the Internet you can use databases and their accompanying search engines developed by the EPA and the

Regulatory Information Service Center (RISC) at the General

Services Administration to help you locate actions that are of interest to you. The EPA Regulatory Agenda search engine is located at www.epa.gov/regAgenda. We thoroughly update this database each spring and fall and we partially update it several other times during the year. RISC's searchable databases are at http:// ciir.cs.umass.edu/ua/. 4. Agenda Indexes

There are five indexes that provide: a. A list of the existing rules that we are reviewing under section 610 of the RFA b. A list of actions that may have a significant impact on a substantial number of small businesses, small governments, or small non-profit organizations c. A list of actions that may have some impact on some small businesses, small governments, or small non-profit organizations but which may either have less than a significant impact or affect fewer than a substantial number of them d. A list of actions that may affect State, local, or tribal governments e. A list of actions that may have federalism implications as defined in E.O. 13132.

There is a sixth appendix included in the Unified Regulatory

Agenda, a subject matter index. This index is not included in EPA's

Agenda reprints for reasons of costs and because of the availability of the search engines described in no. 3, immediately above. 5. Listservers

If you want to get automatic e-mails about areas of particular interest, we maintain 12 listservers including: a. Air b. Water c. Wastes and emergency response d. Pesticides e. Toxic substances f. Right-to-know and toxic release inventory g. Environmental impacts h. Endangered species i. Meetings j. The Science Advisory Board k. Daily full-text notices with page numbers, and l. General information.

For more information and to subscribe via our FR Web site, visit: http://www.epa.gov/fedrgstr/subscribe.htm. If you have e-mail without full Internet access, please send an e-mail to envsubset@epa.gov to request instructions for subscribing to the EPA Federal Register listservers.
What Special Attention Do We Give to the Impacts of Rules on Small

Businesses, Small Governments, and Small Nonprofit Organizations?

For each of our rulemakings, we consider whether there will be any adverse impact on any small entity. We attempt to fit the regulatory requirements, to the extent feasible, to the scale of the businesses, organizations, and governmental jurisdictions subject to the regulation. Under RFA/SBREFA (the Regulatory

Flexibility Act as amended by the Small Business Regulatory

Enforcement Fairness Act), the Agency must prepare a formal analysis of the potential negative impacts on small entities, convene a Small Business Advocacy Review Panel (proposed rule stage), and prepare a Small Entity Compliance Guide (final rule stage) unless the Agency certifies a rule will not have a significant economic impact on a substantial number of small entities. For more detailed information about the Agency's policy and practice with respect to implementing RFA/SBREFA, please visit the RFA/SBREFA website at http://www.epa.gov/sbrefa/. See Index B at the end of the Agenda, ``Index to Environmental Protection

Agency Entries for which a Regulatory Flexibility Analysis Is

Required'' for a list of these rules. See Index C for a list of the rules that may affect small entities, but which we do not expect will have a significant economic impact on a substantial number of them.

Section 610 of the RFA requires that an agency review, within 10 years of promulgation, each rule that has or will have a significant economic impact on a substantial number of small entities (SISNOSE). We are announcing the completion of one section 610 review in this Agenda, 2050-AG26; Docket No. OAR-2005-0166;

Accidental Release Prevention Requirements: Risk Management

Programs Under the Clean Air Act, Section 112(r) (7). We have no section 610 reviews planned until 2008.
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 proven tool for solving the environmental problems we face and the Regulatory Agenda is an important part of that process.

Dated: March 2, 2006.

Louise P. Wise,

Deputy Associate Administrator, Office of Policy, Economics, and

Innovation.

GENERAL--Proposed Rule Stage

Regulation

Sequence

Title

Identifier

Number

Number

2890

SAN No. 4292 Procedures for Implementing the National Environmental Policy Act and

2020-AA42

Assessing the Environmental Effects Abroad of EPA Regulations......................... 2891

SAN No. 4319 Revisions to Acquisition Regulation Concerning Conflict of Interest...... 2030-AA67 2892

SAN No. 4904 Security Requirements for Toxic Substances Control Act Confidential

2030-AA88

Business Information Access for Contractors........................................... 2893

SAN No. 4903 Award Term Contracting................................................... 2030-AA89 2894

SAN No. 4931 Revise EPAAR 1552.211-79 To Include Accessibility Standards for Contract

2030-AA90

Deliverables (508) and Other IT Requirements.......................................... 2895

SAN No. 5063 Simplified Acquisition Financing......................................... 2030-AA92

Page 23230

2896

SAN No. 4836 Project XL Site Specific Rulemaking for the NASA White Sands Test

2090-AA35

Facility in Las Cruces, New Mexico (Phases III-VI)....................................

GENERAL--Final Rule Stage

Regulation

Sequence

Title

Identifier

Number

Number

2897

SAN No. 3580 Incorporation of Class Deviations Into EPAAR............................. 2030-AA37 2898

SAN No. 5062 Implementation of Authority To Appoint Research Scientists............... 2030-AA91 2899

SAN No. 4964 Amendment of the Standards for Radioactive Waste Disposal in Yucca

2060-AN15

Mountain, Nevada...................................................................... 2900

SAN No. 4536 Project XL Site Specific Rulemaking for NASA White Sands Test Facility

2090-AA27

Electronic Reporting in Las Cruces, New Mexico (Phases I - II)........................

GENERAL--Long-Term Actions

Regulation

Sequence

Title

Identifier

Number

Number

2901

SAN No. 4056 Utilization of Small, Minority and Women's Business Enterprises in

2020-AA39

Procurement Under Assistance Agreements............................................... 2902

SAN No. 3240 Public Information and Confidentiality Regulations....................... 2025-AA02

GENERAL--Completed Actions

Regulation

Sequence

Title

Identifier

Number

Number

2903

SAN No. 4270 Cross-Media Electronic Reporting (ER) and Recordkeeping Rule (CROMERRR).. 2025-AA07 2904

SAN No. 4693 Privacy Act Regulations (Revised)........................................ 2025-AA13 2905

SAN No. 4813 Miscellaneous Revisions to EPAAR Clauses................................. 2030-AA84 2906

SAN No. 5004 TSCA Compliance Monitoring Grant Regulation Amendment.................... 2070-AJ24 2907

SAN No. 3671 Guidelines for Carcinogen Risk Assessment................................ 2080-AA06

CLEAN AIR ACT (CAA)--Prerule Stage

Regulation

Sequence

Title

Identifier

Number

Number

2908

SAN No. 5022 Requirements for Reformulated Gasoline (RFG) Under the 8-Hour Ozone

2060-AN63

Standard for Bump-Up Areas Designated Attainment for the 1-Hour Ozone Standard Prior to Revocation.........................................................................

CLEAN AIR ACT (CAA)--Proposed Rule Stage

Regulation

Sequence

Title

Identifier

Number

Number

2909

SAN No. 4768 Amendment to Subparts H and I for Emissions of Radionuclides Other Than

2060-AK81

Radon From DOE Facilities............................................................. 2910

SAN No. 4255 Review of the National Ambient Air Quality Standards for Particulate

2060-AI44

Matter................................................................................ 2911

SAN No. 4531 Evaluation of Updated Test Procedures for the Certification of Gasoline

2060-AJ61

Deposit Control Additives............................................................. 2912

SAN No. 4070 General Conformity Regulations; Revisions................................ 2060-AH93 2913

SAN No. 3975 Review of New Sources and Modifications in Indian Country................ 2060-AH37

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2914

SAN No. 3958 Amendments to Standard of Performance for New Stationary Sources;

2060-AH23

Monitoring Requirements (40 CFR Part 60, Appendix F, Procedure 3)..................... 2915

SAN No. 4668 NESHAP: Halogenated Solvent Cleaning--Residual Risk Standards............ 2060-AK22 2916

SAN No. 4782 Petition To Delist Hazardous Air Pollutant : 4,4'-Methylene Diphenyl

2060-AK84

Diisocyanate.......................................................................... 2917

SAN No. 4659 NESHAP: Hazardous Organic NESHAP (HON) Residual Risk Standards........... 2060-AK14 2918

SAN No. 4309 National VOC Emission Standards for Consumer Products; Amendments........ 2060-AI62 2919

SAN No. 4599 Protection of Stratospheric Ozone: Listing of Substitutes for Ozone-

2060-AK26

Depleting Substances: N-Propyl Bromide................................................ 2920

SAN No. 4542 Federal Implementation Plan (FIP) for the Billings/Laurel, Montana Sulfur 2008-AA00

Dioxide (SO2) Area.................................................................... 2921

SAN No. 4584 Performance Specifications for Continuous Parameter Monitoring Systems... 2060-AJ86 2922

SAN No. 4633 Performance-Based Measurement System for Fuels: Criteria for Self-

2060-AK03

Qualifying Alternative Test Methods; Description of Optional Statistical Quality

Control Measures...................................................................... 2923

SAN No. 4793 Prevention of Significant Deterioration (PSD) and Nonattainment New

2060-AL75

Source Review (NSR): Aggregation and Debottlenecking.................................. 2924

SAN No. 4796 Section 126 Rule: Withdrawal of Findings for Sources in Michigan......... 2060-AL83 2925

SAN No. 4809 Control of Emissions of Air Pollution From New Motor Vehicles: On-Board

2060-AL92

Diagnostic Requirements for Heavy-Duty Engines and Vehicles Above 14,000 Pounds & In-

Use, Not-To-Exceed Emission Stnd. Testing............................................. 2926

SAN No. 4819 Protection of Stratospheric Ozone: Process for Exempting Emergency Uses

2060-AL94 of Methyl Bromide..................................................................... 2927

SAN No. 4830 Alternative Work Practice for Leak Detection and Repair.................. 2060-AL98 2928

SAN No. 4861 NESHAP: Area Source Standards--Paint Stripping........................... 2060-AM07 2929

SAN No. 4846 NESHAP: Municipal Solid Waste Landfills--Amendments...................... 2060-AM08 2930

SAN No. 4856 Protection of Stratospheric Ozone: Amendments to the Section 608 Leak

2060-AM09

Repair Regulations.................................................................... 2931

SAN No. 4859 NESHAP: Area Source Standards--Ethylene Oxide Hospital Sterilization..... 2060-AM14 2932

SAN No. 4848 NESHAP: Total Facility Low Risk Determination (TFLRD) for Residual Risk.. 2060-AM22 2933

SAN No. 4853 Requirements for Transmix Processing and Blending Under the Reformulated

2060-AM27

Gasoline and Gasoline Sulfur Rules.................................................... 2934

SAN No. 4866 NESHAP: Site Remediation: Amendments..................................... 2060-AM30 2935

SAN No. 4881 Prevention of Significant Deterioration for Nitrogen Oxides.............. 2060-AM33 2936

SAN No. 4882 Control of Emissions From Spark-Ignition Engines and Fuel Systems From

2060-AM34

Marine Vessels and Small Equipment.................................................... 2937

SAN No. 4879 Area Source National Emission Standards for Hazardous Air Pollutants

2060-AM36

(NESHAP) for Iron and Steel Foundries................................................. 2938

SAN No. 4885 Flexible Air Permit Rule................................................. 2060-AM45 2939

SAN No. 4905 National Volatile Organic Compound Emission Standards for Architectural

2060-AM47

Coatings--Amendments.................................................................. 2940

SAN No. 4899 Control of Ultra Low Sulfur Diesel Fuel Lubricity: Notice of Proposed

2060-AM48

Rulemaking............................................................................ 2941

SAN No. 4916 Protection of Stratospheric Ozone; Refrigerant Recycling; Certification

2060-AM49 of Recovery and Recovery/Recycling Equipment Intended for Use With Substitute

Refrigerants.......................................................................... 2942

SAN No. 4906 NESHAP: Area Source Standards--Clay Ceramics Industry.................... 2060-AM53 2943

SAN No. 4918 Protection of the Stratospheric Ozone: Alternatives for the Motor Vehicle 2060-AM54

Air Conditioning Sector Under the Significant New Alternatives Policy (SNAP) Program.. 2944

SAN No. 4901 Protection of Stratospheric Ozone: Modifications to the Technician

2060-AM55

Certification Requirements Under Section 608 of the Clean Air Act..................... 2945

SAN No. 4889 NESHAP for Stainless and Nonstainless Steel Electric Arc Furnace (EAF)

2060-AM71

Manufacturing......................................................................... 2946

SAN No. 4907 NESHAP: Gasoline Distribution Stage I--Area Source Standards............. 2060-AM74 2947

SAN No. 4908 NESHAP: General Provisions--Amendments................................... 2060-AM75 2948

SAN No. 4915 Standards of Performance for Stationary Spark Ignited Internal Combustion 2060-AM81

Engines............................................................................... 2949

SAN No. 4926 NESHAP: Defense Land Systems and Miscellaneous Equipment................. 2060-AM84 2950

SAN No. 4927 NESHAP: Iron and Steel Foundries; Amendments............................. 2060-AM85 2951

SAN No. 4929 NESHAP: Taconite Iron Ore Processing; Amendments......................... 2060-AM87 2952

SAN No. 4940 Prevention of Significant Deterioration (PSD) and Non-Attainment New

2060-AM91

Source Review (NSR): Reconsideration of Inclusion of Fugitive Emissions............... 2953

SAN No. 4699.2 Implementing Periodic Monitoring in Federal and State Operating Permit

2060-AN00

Programs.............................................................................. 2954

SAN No. 4958 National Emission Standards for Hazardous Air Pollutants: Surface Coating 2060-AN10 of Automobiles and Light-Duty Trucks; Amendments...................................... 2955

SAN No. 4960 Response To Petition of Reconsideration for Findings of Significant

2060-AN12

Contribution and Rulemaking for Georgia for Purposes of Reducing Ozone Interstate

Transport.............................................................................

Page 23232

2956

SAN No. 4962 Fuel Economy Labeling of Motor Vehicles: Revisions To Improve Calculation 2060-AN14 of Fuel Economy Estimates............................................................. 2957

SAN No. 4969 Revisions to the Continuous Emissions Monitoring Rule for the Acid Rain

2060-AN16

Program and the NOx Budget Trading Program............................................ 2958

SAN No. 4978 NESHAP: Autobody Refinishing--Area Source Rule........................... 2060-AN21 2959

SAN No. 5008 Review of the National Ambient Air Quality Standards for Ozone........... 2060-AN24 2960

SAN No. 4794.2 Prevention of Significant Deterioration, Nonattainment New Source

2060-AN28

Review, and New Source Performance Standards: Emissions Test for Electric Generating

Units................................................................................. 2961

SAN No. 4991 Protection of Stratospheric Ozone: Revision to Listing of Carbon Dioxide

2060-AN30

Total Flooding Fire Extinguishing Systems Restricting Use to Only Unoccupied Areas.... 2962

SAN No. 4988 National Emission Standards for Hazardous Air Pollutants: Polyvinyl

2060-AN33

Chloride and Copolymers Production, Amendments........................................ 2963

SAN No. 4866.1 NESHAP: Site Remediation Amendments--Response to Litigation............ 2060-AN36 2964

SAN No. 4910.1 NESHAP: Organic Liquid Distribution (Non-Gasoline); Amendments......... 2060-AN37 2965

SAN No. 5011 Federal Plan Requirements for Other Solid Waste Incineration Units

2060-AN43

Constructed on or Before December 9, 2004............................................. 2966

SAN No. 5017 Protection of Stratospheric Ozone: Amending Requirements To Import Used

2060-AN48

Ozone-Depleting Substances for Destruction in the U.S................................. 2967

SAN No. 5020 Action on Petition To List Diesel Exhaust as a Hazardous Air Pollutant... 2060-AN49 2968

SAN No. 5051 Protection of Stratospheric Ozone: 2007 Critical Use Exemptions.......... 2060-AN54 2969

SAN No. 5052 Protection of Stratospheric Ozone: Ban on the Import of Pre-Charged

2060-AN58

Products.............................................................................. 2970

SAN No. 4752.1 Transition to New or Revised Particulate Matter (PM) NAAQS)............ 2060-AN59 2971

SAN No. 5042 PM2.5 De Minimis Emission Levels for General Conformity Applicability.... 2060-AN60 2972

SAN No. 4890.1 NESHAP for Miscellaneous Coating Manufacturing; Proposed Amendments.... 2060-AN61 2973

SAN No. 5014 NESHAP: Area Source Standards--Reciprocating Internal Combustion Engines. 2060-AN62 2974

SAN No. 5025 Revisions to the Definition of Potential To Emit (PTE)................... 2060-AN65 2975

SAN No. 5029 Control of Air Pollution From New Motor Vehicles and New Motor Vehicle

2060-AN68

Engines: SAFETEA-LU HOV Facilities Rule............................................... 2976

SAN No. 5030 National Volatile Organic Compound Emission Standards for Aerosol

2060-AN69

Coatings.............................................................................. 2977

SAN No. 5035 New Source Performance Standards (NSPS): Equipment Leaks--Subparts VV &

2060-AN71

GGG................................................................................... 2978

SAN No. 5043 Defect Reporting for On-Highway Motor Vehicles and Engines............... 2060-AN73 2979

SAN No. 5044 Interpretive Rulemaking To Clarify the Scope of Certain Monitoring

2060-AN74

Requirements for Federal and State Operating Permits Programs......................... 2980

SAN No. 5045 Revision to Definition of Volatile Organic Compounds--Exclusion of

2060-AN75

Compounds............................................................................. 2981

SAN No. 5048 Renewable Fuels Standard Rule............................................ 2060-AN76 2982

SAN No. 5055 National Emission Standards for Hazardous Air Pollutants for

2060-AN80

Semiconductor Manufacturing: Amendments............................................... 2983

SAN No. 5056 Protection of Stratospheric Ozone: Allocation of Essential Use Allowances 2060-AN81 for Calendar Year 2007................................................................ 2984

SAN No. 5057 Transportation Conformity Rule Amendments To Implement Provisions

2060-AN82

Contained in the 2005 Transportation Bill (SAFETEA-LU)................................ 2985

SAN No. 5061 Revisions to Standards of Performance for New Stationary Sources,

2060-AN84

National Emission Standards for Hazardous Air Pollutants, & NESHAP for Source Category

CLEAN AIR ACT (CAA)--Final Rule Stage

Regulation

Sequence

Title

Identifier

Number

Number

2986

SAN No. 2915 Methods for Measurement of Visible Emissions--Addition of Methods 203A,

2060-AF83 203B, and 203C to Appendix M of Part 51............................................... 2987

SAN No. 3900 Addition of Method 207 to Appendix M of 40 CFR Part 51 Method for

2060-AG88

Measuring Isocyanates in Stationary Source Emissions.................................. 2988

SAN No. 4752 Clean Air Fine Particle Implementation Rule.............................. 2060-AK74 2989

SAN No. 3380 NSPS: SOCMI--Wastewater and Amendment to Appendix C of Part 63 and

2060-AE94

Appendix J of Part 60................................................................. 2990

SAN No. 4161 Update of Continuous Instrumental Test Methods........................... 2060-AK61 2991

SAN No. 4310 NESHAP: Printing and Publishing Industry; Amendments..................... 2060-AI66 2992

SAN No. 4585 Portland Cement Manufacturing Industry NESHAP: Amendment To Implement

2060-AJ78

Court Remand..........................................................................

Page 23233

2993

SAN No. 4654 NESHAP: Ethylene Oxide for Sterilization Facilities--Residual Risk

2060-AK09

Standards............................................................................. 2994

SAN No. 4655 NESHAP: Gasoline Distribution (Stage I) Residual Risk and MACT Standards

2060-AK10

Review................................................................................ 2995

SAN No. 4660 NESHAP: Industrial Process Cooling Towers Residual Risk Standards........ 2060-AK16 2996

SAN No. 4662 NESHAP: Perchloroethylene Dry Cleaning Facilities Residual Risk Standards 2060-AK18 2997

SAN No. 4669 NESHAP: Magnetic Tape Manufacturing Operations Residual Risk Standard.... 2060-AK23 2998

SAN No. 4719 NESHAP: General Provisions; Amendments for Pollution Prevention

2060-AK54

Alternative Compliance Requirements................................................... 2999

SAN No. 4689 Section 126 Rule Withdrawal Provision.................................... 2060-AK41 3000

SAN No. 4604 Modification of the Anti-Dumping Baseline Date Cut-Off Limit for Data

2060-AJ82

Used in Development of an Individual Baseline......................................... 3001

SAN No. 4748 Control of Hazardous Air Pollutants From Mobile Sources.................. 2060-AK70 3002

SAN No. 5018 Accidental Release Prevention Requirements: Risk Management Programs

2050-AG26

Under the Clean Air Act, Section 112(r)(7) (Section 610 Review)....................... 3003

SAN No. 4421 Ambient Air Quality Monitoring Regulations: Revisions.................... 2060-AJ25 3004

SAN No. 4570 Control of Air Pollution From Motor Vehicles and Engines: Alternative Low- 2060-AJ72

Sulfur Highway Diesel Fuel Transition Program for Alaska.............................. 3005

SAN No. 4632 Modification of Anti-Dumping Baselines for Gasoline Produced or Imported

2060-AK02 for Use in Hawaii, Alaska and the U.S. Territories.................................... 3006

SAN No. 4706 Anti-Dumping Baseline Recalculation for Downstream Oxygenate Addition.... 2060-AK69 3007

SAN No. 4804 Protection of Stratospheric Ozone: Various Minor Amendments to the

2060-AL90

Regulations Implementing the Allowance System for Controlling HCFC Production, Import and Export............................................................................ 3008

SAN No. 4829 Five-Year Review of MACT Standards for Large MWC......................... 2060-AL97 3009

SAN No. 4875 NESHAP: Oil and Natural Gas Production Facilities--Area Source Rule...... 2060-AM16 3010

SAN No. 4854 Amendments to Vehicle Inspection and Maintenance Program Requirements To

2060-AM21

Address New 8-Hour Ozone Standard..................................................... 3011

SAN No. 4857 Fire Suppression and Explosion Protection Listing Under SNAP............. 2060-AM24 3012

SAN No. 4867 NESHAP: Hydrochloric Acid Production Amendments.......................... 2060-AM25 3013

SAN No. 4880 Control of Air Pollution From New Motor Vehicles and New Motor Vehicle

2060-AM32

Engines: Amendments to Evaporative Emissions Regulations and Technical Amendments..... 3014

SAN No. 4891 National Emission Standards for Hazardous Air Pollutants: Miscellaneous

2060-AM43

Organic Chemical Manufacturing; Amendments............................................ 3015

SAN No. 4900 Protection of Stratospheric Ozone: Import Petitioning Requirements for

2060-AM46

Halon-1301 Aircraft Fire Extinguishing Vessels........................................ 3016

SAN No. 3259.2 Nonattainment Major New Source Review (NSR): Final Rules............... 2060-AM59 3017

SAN No. 4909 NESHAP: Integrated Iron and Steel; Amendments............................ 2060-AM76 3018

SAN No. 4910 NESHAP: Organic Liquid Distribution--Amendments.......................... 2060-AM77 3019

SAN No. 4914 Standards of Performance for Stationary Compression Ignition Internal

2060-AM82

Combustion Engines.................................................................... 3020

SAN No. 4930 Regulation of Fuels and Fuel Additives: Refiner and Importer Quality

2060-AM88

Assurance Requirements for Downstream Oxygenate Blending.............................. 3021

SAN No. 4934 Part 63 General Provisions--Response To Petition To Reconsider........... 2060-AM89 3022

SAN No. 4937 NESHAP for Refractory Products Manufacturing--Amendments................. 2060-AM90 3023

SAN No. 4794.1 Inclusion of Delaware and New Jersey in the Clean Air Interstate Rule.. 2060-AM95 3024

SAN No. 4956 Rule on Section 126 Petition From NC To Reduce Interstate Transport of

2060-AM99

Fine PM and O3; FIPs to Reduce Interstate Transport of Fine PM & O3; Revisions to CAIR

Rule; Revisions to Acid Rain Program.................................................. 3025

SAN No. 4757.1 Component Durability Procedures for New Light Duty Vehicles, Light Duty 2060-AN01

Trucks & Heavy Duty Vehicles.......................................................... 3026

SAN No. 4970 Small Municipal Waste Combustor New Source Performance Standards and

2060-AN17

Emission Guidelines Amendments........................................................ 3027

SAN No. 4951 Revisions to Air Emissions Reporting Requirements........................ 2060-AN20 3028

Regional Haze Regulations; Revisions to Provisions Governing Alternative to Source-

2060-AN22

Specific Best Available Retrofit Technology (BART) Determinations..................... 3029

SAN No. 4625.4 Implementation Rule for 8-Hour Ozone NAAQS: Reconsideration;

2060-AN26

Overwhelming Transport Classification................................................. 3030

SAN No. 4986 Protection of Stratospheric Ozone: Allocation of Essential Use Allowances 2060-AN29 for Calendar Year 2006................................................................ 3031

SAN No. 4987 Industrial, Commercial, and Institutional Boiler and Process Heater

2060-AN32

NESHAP, Amendment..................................................................... 3032

SAN No. 5010 Air Quality: Revision to Definition of Volatile Organic Compounds--

2060-AN34

Exclusion of HFE-7300................................................................. 3033

SAN No. 4993 Optional Chassis Certification for Diesel Vehicles....................... 2060-AN39 3034

SAN No. 4998 Treatment of Data Influenced by Exceptional Events....................... 2060-AN40 3035

SAN No. 4571.2 CAMR 111 Reconsideration............................................... 2060-AN50

Page 23234

3036

SAN No. 4571.3 Revision of 112(n) Finding Reconsideration............................. 2060-AN53 3037

SAN No. 4681.1 NSPS Combustion Turbines--Subpart GG: Amendments....................... 2060-AN55 3038

SAN No. 4794.3 Rule To Reduce Interstate Transport of Fine Particulate Matter and

2060-AN57

Ozone (Clean Air Interstate Rule): Reconsideration.................................... 3039

SAN No. 5027 Amendment to Tier 2 Vehicle Emission Standards and Gasoline Sulfur

2060-AN66

Requirements: Exemption for US Territories............................................ 3040

SAN No. 5034 Deterioration Factor Provisions for Heavy-Duty Diesel Engine

2060-AN70

Certification and Part 86 Technical Amendments........................................ 3041

SAN No. 5049 Prevention of Significant Deterioration, Nonattainment New Source Review, 2060-AN77 and Title V: Treatment of Corn Milling Facilities Under the ``Major Emitting

Facility'' Definition................................................................. 3042

SAN No. 5053 Technical Amendments to the Highway and Nonroad Diesel Regulations....... 2060-AN78

CLEAN AIR ACT (CAA)--Long-Term Actions

Regulation

Sequence

Title

Identifier

Number

Number

3043

SAN No. 4315 Source-Specific Federal Implementation Plan for Navajo Generating

2009-AA00

Station; Navajo Nation................................................................ 3044

SAN No. 3569 Source-Specific Federal Implementation Plan for Navajo Generating

2009-AA01

Station; Four Corners Power Plant..................................................... 3045

SAN No. 4695 NESHAP: Off-Site Waste and Recovery Operations Residual Risk Standard.... 2060-AK68 3046

SAN No. 4607 Accidental Release Prevention Requirements: Risk Management Programs

2050-AE95

Under the Clean Air Act, Section 112(r)(7); Availability of Information to the Public;

Technical Amendment................................................................... 3047

SAN No. 4266 Review National Ambient Air Quality Standards for Carbon Monoxide........ 2060-AI43 3048

SAN No. 3649 Amendments to Method 24 (Water-Based Coatings)........................... 2060-AF72 3049

SAN No. 1002 NAAQS: Sulfur Dioxide (Response to Remand)............................... 2060-AA61 3050

SAN No. 3939 NESHAP: Group I Polymers and Resins and Group IV Polymers and Resins-

2060-AH47

Amendments............................................................................ 3051

SAN No. 3919 Prevention of Significant Deterioration of Air Quality: Permit

2060-AH01

Application Review Procedures for Non-Federal Class I Areas........................... 3052

SAN No. 4653 NESHAP: Aerospace Manufacturing and Rework Facilities Residual Risk

2060-AK08

Standards............................................................................. 3053

SAN No. 4657 NESHAP: Group II Polymers and Resins--Residual Risk Standards............ 2060-AK13 3054

SAN No. 4661 NESHAP: National Emission Standards for Marine Tank Vessel Loading

2060-AK17

Operations--Residual Risk Standard.................................................... 3055

SAN No. 4665 NESHAP: Secondary Lead Smelting Residual Risk Standards.................. 2060-AK19 3056

SAN No. 4666 NESHAP: Shipbuilding and Ship Repair Surface Coating--Residual Risk

2060-AK20

Standards............................................................................. 3057

SAN No. 4667 NESHAP: Wood Furniture Manufacturing Operations--Residual Risk Standards. 2060-AK21 3058

SAN No. 4664 NESHAP: Printing and Publishing Industry--Residual Risk Standards........ 2060-AK24 3059

SAN No. 4663 NESHAP: Petroleum Refineries--Residual Risk Standards.................... 2060-AK25 3060

SAN No. 4750 National Emission Standards for Chromium Emissions From Hard and

2060-AK72

Decorative Chromium Electroplating and Chromium Anodizing Tanks--Residual Risk

Standards............................................................................. 3061

SAN No. 4751 National Emission Standards for Hazardous Air Pollutants for Stationary

2060-AK73

Combustion Turbines- Petition To Delist............................................... 3062

SAN No. 4656 NESHAP: Group I Polymers and Resins--Residual Risk Standards............. 2060-AK12 3063

SAN No. 4658 NESHAP: Group IV Polymers and Resins--Residual Risk Standards............ 2060-AK15 3064

SAN No. 2665 Importation of Nonconforming Vehicles; Amendments to Regulations......... 2060-AI03 3065

SAN No. 3917 Transportation Conformity Rule Amendment: Clarification of Trading

2060-AH31

Provisions............................................................................ 3066

SAN No. 4348 Inspection/Maintenance Program Requirements for Federal Facilities;

2060-AI97

Amendment to the Final Rule........................................................... 3067

SAN No. 4722 California Gasoline Technical Correction................................. 2060-AK56 3068

SAN No. 4797 Lifting the Stay of the 8-Hour Portion of the Findings of Significant

2060-AL84

Contribution and Rulemaking for Purposes of Reducing Interstate Ozone Transport (``NOx

SIP Call'')........................................................................... 3069

SAN No. 4799 Consideration of Industry Petition To Remove the 2-piece Can Subcategory

2060-AL86

From the Clean Air Act Hazardous Air Pollutant Source Category List................... 3070

SAN No. 4810 NESHAP: Ferroalloys Production: Ferromanganese and Silicomanganese

2060-AL93

Residual Risk Standards............................................................... 3071

SAN No. 4825 Mineral Wool Production Residual Risk Standard........................... 2060-AL96 3072

SAN No. 4831 NESHAP for Flexible Polyurethane Foam Production: Residual Risk Standards 2060-AL99 3073

SAN No. 4832 NESHAP: Pharmaceuticals Production: Residual Risk Standards.............. 2060-AM00

Page 23235

3074

SAN No. 4871 Control of Emissions From New Locomotives and New Marine Diesel Engines

2060-AM06

Less Than 30 Liters per Cylinder...................................................... 3075

SAN No. 4873 NESHAP: Area Source Standards--Glass Manufacturing Industry.............. 2060-AM12 3076

SAN No. 4860 NESHAP: Area Source Standards--Acrylic/Modacrylic Fiber (AMF) Production. 2060-AM13 3077

SAN No. 4851 Protection of Stratospheric Ozone: Restriction on the Sales of Pre-

2060-AM15

Charged Split Systems................................................................. 3078

SAN No. 4847 NESHAP: Oil and Natural Gas Production Residual Risk Standards........... 2060-AM18 3079

SAN No. 4874 NESHAP: Area Source Standards--Industrial Inorganic Chemicals

2060-AM19

Manufacturing......................................................................... 3080

SAN No. 4849 Petition To Delist a Hazardous Air Pollutant From Section 112 of the

2060-AM20

Clean Air Act: Methyl Isobutyl Ketone (MIBK).......................................... 3081

SAN No. 4865 Strategy for Addressing Air Emissions from Animal Feeding Operations..... 2060-AM26 3082

SAN No. 4886 NESHAP: Area Source Standards--Plating and Polishing..................... 2060-AM37 3083

SAN No. 4884 Area Source National Emission Standards for Hazardous Air Pollutants

2060-AM44

(NESHAP) for Industrial, Commercial, and Institutional Boilers........................ 3084

SAN No. 4676.3 Prevention of Significant Deterioration (PSD) and Nonattainment New

2060-AM62

Source Review (NSR): Routine Maintenance, Repair and Replacement (RMRR); Maintenance and Repair Amendments................................................................. 3085

SAN No. 4699.1 Request for Comments on Potentially Inadequate Monitoring in Clean Air

2060-AM63

Applicable Requirements and on Methods To Improve Such Monitoring..................... 3086

SAN No. 4887 Area Source NESHAP for Primary Nonferrous Metals--Zn, Cd, Be............. 2060-AM69 3087

SAN No. 4888 Area Source NESHAP for Secondary Nonferrous Metals....................... 2060-AM70 3088

SAN No. 4955 NESHAP: Plastic Parts and Products (Surface Coating)--Area Source Rule... 2060-AN08 3089

SAN No. 4959 Protection of Stratospheric Ozone: Listing of Substitutes for Ozone-

2060-AN11

Depleting Substances in Foam Blowing.................................................. 3090

SAN No. 5009 Advance Notice for Information on Determining the Emissions Reductions

2060-AN42

Achieved From Limiting the VOC Content of Architectural Coatings...................... 3091

SAN No. 5012 NESHAP: Area Source Standards--Lead Acid Battery Manufacturing........... 2060-AN44 3092

SAN No. 5013 NESHAP: Area Source Standards--Primary and Secondary Copper.............. 2060-AN45 3093

SAN No. 5015 NESHAP: Area Source Standards--Chemical Preparations Industry............ 2060-AN46 3094

SAN No. 5016 NESHAP: Area Source Standards--Paint and Allied Products................. 2060-AN47 3095

SAN No. 5036 Petroleum Refineries--New Source Performance Standards (NSPS)--Subpart J. 2060-AN72 3096

SAN No. 5059 Review of the National Ambient Air Quality Standards for Lead............ 2060-AN83

CLEAN AIR ACT (CAA)--Completed Actions

Regulation

Sequence

Title

Identifier

Number

Number

3097

SAN No. 4619 Accidental Release Prevention Requirements: Risk Management Programs

2050-AE96

Under the Clean Air Act, Section 112(r)(3); Revisions to the List of Substances....... 3098

SAN No. 3470.1 Revision to the Guideline on Air Quality Models (Appendix W to 40 CFR

2060-AK60

Part 51): Adoption of a Preferred General Purpose (Flat and Complex Terrain)

Dispersion Model and Other Revisions.................................................. 3099

SAN No. 3751 NSPS and Emission Guidelines for Other Solid Waste Incinerators.......... 2060-AG31 3100

SAN No. 4119 Performance Specification 16--Specifications and Test Procedures for

2060-AH84

Predictive Emission Monitoring Systems in Stationary Sources.......................... 3101

SAN No. 4478 Standards of Performance for New Stationary Sources: Municipal Solid

2060-AJ41

Waste Landfills: Amendment............................................................ 3102

SAN No. 4313 Petitions To Delist Hazardous Air Pollutants: MEK........................ 2060-AI72 3103

SAN No. 4713 NESHAP for Primary Aluminum Reduction Plants; Amendments................. 2060-AK50 3104

SAN No. 4383 Interstate Ozone Transport: Rulemaking on Section 126 Petitions From the

2060-AI99

District of Columbia, Delaware, Maryland, and New Jersey.............................. 3105

SAN No. 3910 Streamlined Evaporative Test Procedures.................................. 2060-AH34 3106

SAN No. 4757 Emissions Durability Procedures for New Light-Duty Vehicles & Light-Duty

2060-AK76

Trucks................................................................................ 3107

SAN No. 4700 Selection of Sequence of Mandatory Sanctions To Be Applied Pursuant to

2060-AK46

Section 502 of the Clean Air Act...................................................... 3108

SAN No. 4697 Protection of Stratospheric Ozone: Adjusting Allowances for Class I

2060-AK45

Substances for Export to Article 5 Countries.......................................... 3109

SAN No. 3263 Performance Warranty and Inspection/Maintenance Test Procedures.......... 2060-AE20 3110

SAN No. 3262 Inspection/Maintenance Recall Requirements............................... 2060-AE22 3111

SAN No. 4631 Adoption of the Amended International NOx Standard for Aircraft Engines.. 2060-AK01

Page 23236

3112

SAN No. 4634 Regulation of Fuel and Fuel Additives: Extension of California

2060-AK04

Enforcement Exemptions for Reformulated Gasoline to California Phase 3 Gasoline....... 3113

SAN No. 4557.1 Amendments to the Requirements on Variability in the Composition of

2060-AK62

Additives Certified Under the Gasoline Deposit Control Program........................ 3114

SAN No. 4759 Revision to Policy on Control of Volatile Organic Compounds (VOC)........ 2060-AK75 3115

SAN No. 4758 Regulation of Fuels and Fuel Additives: Modifications to Standards and

2060-AK77

Requirements for Reformulated and Conventional Gasoline Including Butane Blenders and

Attest Engagements.................................................................... 3116

SAN No. 4783 Voluntary Superior Monitoring............................................ 2060-AK85 3117

SAN No. 4798 Deferral of Effective Date of Nonattainment Designations for 8-hour Ozone 2060-AL85

National Ambient Air Quality Standards for Early Action Compact Areas................. 3118

SAN No. 4864 NESHAP: Surface Coating of Metal Cans--Technical Amendments.............. 2060-AM28 3119

SAN No. 4868 Exemption of Certain Area Sources From Title V Operating Permit Programs. 2060-AM31 3120

SAN No. 4895 Regulation of Fuel and Fuel Additives: Gasoline and Diesel Test Methods.. 2060-AM42 3121

SAN No. 4894 Protection of Stratospheric Ozone: Extension of the Laboratory and

2060-AM56

Analytical Use Exemption for Essential Class I Ozone Depleting Substances............. 3122

SAN No. 4890 National Emission Standards for Hazardous Air Pollutants: Miscellaneous

2060-AM72

Coating Manufacturing; Amendment...................................................... 3123

SAN No. 4911 NESHAP: Plywood and Composite Wood Products; Amendments.................. 2060-AM78 3124

SAN No. 4912 New Source Performance Standards (NSPS) for Stationary Combustion

2060-AM79

Turbines.............................................................................. 3125

SAN No. 4913 New Source Performance Standards (NSPS) for Electric Utility Steam

2060-AM80

Generating Units and Industrial and Commercial Boilers................................ 3126

SAN No. 4941 Amendments to Compliance Certification Requirements for State and Federal 2060-AM92

Operating Permits Programs; Correction................................................ 3127

SAN No. 4325.1 NESHAP: Brick and Structural Clay Products Manufacturing;

2060-AM94

Reconsideration....................................................................... 3128

SAN No. 3837.1 NESHAP: Industrial, Commercial, and Institutional Boilers and Process

2060-AM97

Heaters; Reconsideration Notice....................................................... 3129

SAN No. 4943 Revision to the Definition of Volatile Organic Compounds--Removal of VOC

2060-AM98

Exemptions for California's Aerosol Coatings Reactivity-based Regulation.............. 3130

SAN No. 4811.1 PM 2.5 & PM10 Hot-Spot Analyses in Transportation Conformity Rule

2060-AN02

Amendments............................................................................ 3131

SAN No. 4911.1 NESHAP: Plywood and Composite Wood Products; List of Hazardous Air

2060-AN05

Pollutants, Lesser Quantity Designations, Source Category List; Reconsideration; Final

Rule.................................................................................. 3132

SAN No. 4961 Protection of Stratospheric Ozone: Process for Exempting Critical Uses of 2060-AN13

Methyl Bromide for the 2005 Supplemental Request...................................... 3133

SAN No. 4972 Protection of Stratospheric Ozone: The 2006 Critical Use Exemption Rule

2060-AN18

From the Phaseout of Methyl Bromide................................................... 3134

SAN No. 4625.1 Implementation Rule for 8-Hour Ozone NAAQS--Phase 2.................... 2060-AN23 3135

SAN No. 4994 Commercial and Industrial Solid Waste Incinerators NSPS and EG:

2060-AN31

Definitions........................................................................... 3136

SAN No. 4989 NESHAP: Secondary Aluminum Production--Amendments........................ 2060-AN38 3137

SAN No. 5001 Revisions to Motor Vehicle Diesel Fuel Sulfur Transition Provisions...... 2060-AN41 3138

SAN No. 5024 Renewable Fuel Standards Requirements for 2006........................... 2060-AN51 3139

Revision of 112 Finding Reconsideration............................................... 2060-AN52 3140

SAN No. 4433.1 Findings of Failure To Submit Required State Implementation Plans for

2060-AN56

Phase II of the NOx SIP Call.......................................................... 3141

SAN No. 5024 Renewable Fuel Standards Requirements for 2006........................... 2060-AN64 3142

SAN No. 5028 Amendments to the Tier 2 Motor Vehicle Emission Regulations.............. 2060-AN67 3143

SAN No. 5026 Approval and Promulgation of Implementation Plans; Maine; NOx Exemption

2060-AN79

Request for Northern Maine............................................................

ATOMIC ENERGY ACT (AEA)--Long-Term Actions

Regulation

Sequence

Title

Identifier

Number

Number

3144

SAN No. 4054 Environmental Radiation Protection Standards for the Disposal of Low-

2060-AH63

Activity Mixed Radioactive Waste...................................................... 3145

SAN No. 4003 Technical Change to Dose Methodology for 40 CFR Part 190, Subpart B and

2060-AH90 40 CFR 191, Subpart A.................................................................

Page 23237

FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)--Prerule Stage

Regulation

Sequence

Title

Identifier

Number

Number

3146

SAN No. 4985 Pesticides; Determination of Status of Prions as Pests................... 2070-AJ26

FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)--Proposed Rule Stage

Regulation

Sequence

Title

Identifier

Number

Number

3147

SAN No. 4173 Pesticides; Data Requirements for Antimicrobials......................... 2070-AD30 3148

SAN No. 4602 Plant Incorporated Protectants (PIPs); Exemption for Those Based on Viral 2070-AD49

Coat Protein Genes.................................................................... 3149

SAN No. 5005 Pesticides: Data Requirements for Plant-Incorporated Protectants (PIPs).. 2070-AJ27 3150

SAN No. 5031 Pesticides; Expansion of Crop Grouping Program........................... 2070-AJ28 3151

SAN No. 5050 Pesticide Agricultural Container Recycling Program....................... 2070-AJ29

FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)--Final Rule Stage

Regulation

Sequence

Title

Identifier

Number

Number

3152

SAN No. 2687 Pesticides; Data Requirements for Conventional Chemicals................. 2070-AC12 3153

SAN No. 4175 Pesticide Tolerance Reassessment Program................................. 2070-AD24 3154

SAN No. 2659 Pesticide Management and Disposal; Standards for Pesticide Containers and 2070-AB95

Containment........................................................................... 3155

SAN No. 3222 Groundwater and Pesticide Management Plan Rule........................... 2070-AC46 3156

SAN No. 4170 Pesticides; Procedures for the Registration Review Program............... 2070-AD29

FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)--Long-Term Actions

Regulation

Sequence

Title

Identifier

Number

Number

3157

SAN No. 4596 Pesticides; Data Requirements for Biochemical and Microbial Products..... 2070-AD51 3158

SAN No. 4728 Endocrine Disruptor Screening Program (EDSP); Implementing the Screening

2070-AD61 and Testing Phase..................................................................... 3159

SAN No. 4027 Pesticides; Tolerance Processing Fees.................................... 2070-AJ23 3160

SAN No. 4611 Plant Incorporated Protectants (PIPs); Exemption for Those Derived

2070-AD55

Through Genetic Engineering From Sexually Compatible Plants........................... 3161

SAN No. 4612 Plant Incorporated Protectants (PIPs); Exemption for PIPs That Act by

2070-AD56

Primarily Affecting the Plant......................................................... 3162

SAN No. 4618 Revision Of Procedural Rules for Hearings on Cancellations, Suspensions,

2020-AA44

Changes in Classifications, and Denials of Pesticide Registrations.................... 3163

SAN No. 3892 Pesticides; Registration Requirements for Antimicrobial Pesticide

2070-AD14

Products.............................................................................. 3164

SAN No. 5007 Pesticides; Competency Standards for Occupational Users.................. 2070-AJ20 3165

SAN No. 5006 Pesticides; Agricultural Worker Protection Standard Revisions............ 2070-AJ22

FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)--Completed Actions

Regulation

Sequence

Title

Identifier

Number

Number

3166

SAN No. 4610 Protections for Test Subjects in Human Research.......................... 2070-AD57 3167

SAN No. 4216 Pesticides; Emergency Exemption Process Revisions........................ 2070-AD36

Page 23238

TOXIC SUBSTANCES CONTROL ACT (TSCA)--Prerule Stage

Regulation

Sequence

Title

Identifier

Number

Number

3168

SAN No. 3493 Future Testing for Existing Chemicals (Overview Entry)................... 2070-AB94 3169

SAN No. 5058 Nanoscale Materials Stewardship Program.................................. 2070-AJ30

TOXIC SUBSTANCES CONTROL ACT (TSCA)--Proposed Rule Stage

Regulation

Sequence

Title

Identifier

Number

Number

3170

SAN No. 3557 Lead-Based Paint Activities; Amendments for Renovation, Repair and

2070-AC83

Painting.............................................................................. 3171

SAN No. 2150 Polychlorinated Biphenyls (PCBs); Exemptions From the Prohibitions

2070-AB20

Against Manufacturing, Processing, and Distribution in Commerce....................... 3172

SAN No. 2563 Test Rule; Certain Chemicals on the ATSDR Priority List of Hazardous

2070-AB79

Substances............................................................................ 3173

SAN No. 3990 Test Rule; Testing of Certain High Production Volume (HPV) Chemicals..... 2070-AD16 3174

SAN No. 4983 Significant New Use Rule (SNUR); Mercury Switches in Motor Vehicles...... 2070-AJ19 3175

SAN No. 4512 Significant New Use Rule (SNUR); Selected Flame Retardant Chemical

2070-AD48

Substances for Use in Residential Upholstered Furniture............................... 3176

SAN No. 4878 TSCA Inventory Nomenclature for Enzymes and Proteins..................... 2070-AJ04 3177

SAN No. 2150.1 Polychlorinated Biphenyls (PCBs); Exemption Request From U.S. Maritime

2070-AJ05

Administration (MARAD)................................................................ 3178

SAN No. 4975 Effects of Transfers of Ownership on Obligations Under Section 5 of TSCA. 2070-AJ15 3179

SAN No. 4984 Clarification on Guidance for Activated Phosphors........................ 2070-AJ21

TOXIC SUBSTANCES CONTROL ACT (TSCA)--Final Rule Stage

Regulation

Sequence

Title

Identifier

Number

Number

3180

SAN No. 4635 Amendment to the Premanufacture Notification Exemptions; Revisions of

2070-AD58

Exemptions for Polymers............................................................... 3181

SAN No. 3495 Significant New Use Rule (SNUR); Chemical-Specific SNURs To Extend

2070-AB27

Provisions of Section 5(e) Orders..................................................... 3182

SAN No. 2178 TSCA Section 8(a) Preliminary Assessment Information Rules............... 2070-AB08 3183

SAN No. 1139 TSCA Section 8(d) Health and Safety Data Reporting Rules................. 2070-AB11 3184

SAN No. 4176 Voluntary High Production Volume (HPV) Chemical Challenge Program........ 2070-AD25 3185

SAN No. 4870 Significant New Use Rule (SNUR); Certain Polybrominated Diphenyl Ethers

2070-AJ02

(PBDEs)............................................................................... 3186

SAN No. 3493.1 Testing Agreement for Perfluorooctanoic Acid (PFOA).................... 2070-AJ06 3187

SAN No. 3493.4 Testing Agreement for Diethanolamine................................... 2070-AJ09 3188

SAN No. 3493.5 Testing Agreement for Hydrogen Fluoride................................ 2070-AJ10 3189

SAN No. 3493.7 Testing Agreement for Phthalic Anhydride............................... 2070-AJ11 3190

SAN No. 3493.6 Testing Agreement for Maleic Anhydride................................. 2070-AJ13 3191

SAN No. 3301.2 TSCA Inventory Update Reporting Rule; Electronic Reporting............. 2070-AJ25

TOXIC SUBSTANCES CONTROL ACT (TSCA)--Long-Term Actions

Regulation

Sequence

Title

Identifier

Number

Number

3192

SAN No. 3148 Asbestos Model Accreditation Plan Revisions.............................. 2070-AC51 3193

SAN No. 3252 Lead Fishing Sinkers; Response to Citizens Petition and Proposed Ban..... 2070-AC21 3194

SAN No. 4376 Lead-Based Paint Activities; Bridges and Structures; Training,

2070-AC64

Accreditation, and Certification Rule and Model State Plan Rule....................... 3195

SAN No. 4597 Polychlorinated Biphenyls (PCBs); Disposal of PCBs; Implementation Issues 2070-AD52 3196

SAN No. 1976 Significant New Use Rules (SNURs); Follow-Up Rules on Non-5(e) New

2070-AA59

Chemical Substances................................................................... 3197

SAN No. 4876 Voluntary Children's Chemical Evaluation Program (VCCEP)................. 2070-AC27 3198

SAN No. 3487 Test Rule; Hazardous Air Pollutants (HAPs)............................... 2070-AC76 3199

SAN No. 3882 Test Rule; Certain Metals................................................ 2070-AD10 3200

SAN No. 4174 Testing Agreement for Certain Oxygenated Fuel Additives.................. 2070-AD28

Page 23239

3201

SAN No. 4395 Test Rule; Multiple Substance Rule for the Testing of Developmental and

2070-AD44

Reproductive Toxicity................................................................. 3202

SAN No. 1923 Follow-Up Rules on Existing Chemicals.................................... 2070-AA58 3203

SAN No. 3528 Significant New Use Rule (SNUR); Refractory Ceramic Fibers (RCFs)........ 2070-AC37 3204

SAN No. 4598 TSCA Policy Statement on Oversight of Transgenic Organisms (Including

2070-AD53

Plants)............................................................................... 3205

SAN No. 4777 Lead-Based Paint; Amendments to the Requirements for Disclosure of Known

2070-AD64

Lead-Based Paint or Lead-Based Paint Hazards in Target Housing........................ 3206

SAN No. 4858 Notification of Chemical Exports Under TSCA Section 12(b)................ 2070-AJ01 3207

SAN No. 3493.2 Testing Agreement for Aryl Phosphates (ITC List 2)..................... 2070-AJ07 3208

SAN No. 3493.3 Test Rule; Brominated Flame Retardants (BFRs).......................... 2070-AJ08 3209

SAN No. 4974 Significant New Use Rule, Perfluoroalkyl Sulfonates (PFAS)............... 2070-AJ18

TOXIC SUBSTANCES CONTROL ACT (TSCA)--Completed Actions

Regulation

Sequence

Title

Identifier

Number

Number

3210

SAN No. 3301.1 TSCA Inventory Update Rule Revisions................................... 2070-AD63 3211

SAN No. 4942 Significant New Use Rule for Glycol Ethers............................... 2070-AJ12 3212

SAN No. 4953 Lead-Based Paint; Pre-Renovation Lead Education Rule; Amended Pamphlet... 2070-AJ14

EMERGENCY PLANNING AND COMMUNITY RIGHT--TO--KNOW ACT (EPCRA)--Proposed Rule Stage

Regulation

Sequence

Title

Identifier

Number

Number

3213

SAN No. 2425.4 TRI; Response to Petition To Delete Chromium, Antimony, and Titanate

2025-AA16

From the Metal Compound Categories Listed on the Toxics Release Inventory............. 3214

SAN No. 5054 Reportable Quantity Adjustment for Isophorone Diisocyanate............... 2050-AG32

EMERGENCY PLANNING AND COMMUNITY RIGHT--TO--KNOW ACT (EPCRA)--Final Rule Stage

Regulation

Sequence

Title

Identifier

Number

Number

3215

SAN No. 4595 Rulemaking To Change Toxic Release Inventory (TRI) Reporting Requirements 2025-AA10

From Standard Industrial Classification (SIC) Codes to North American Industrial

Classification System (NAICS) Codes................................................... 3216

SAN No. 4692 Addition of Toxicity Equivalency (TEQ) Reporting and Quantity Data for

2025-AA12

Individual Members of the Dioxin and Dioxin-like Compounds Category Under EPCRA,

Section 313........................................................................... 3217

SAN No. 4896 Toxics Release Inventory Reporting Burden Reduction Rule................. 2025-AA14

EMERGENCY PLANNING AND COMMUNITY RIGHT--TO--KNOW ACT (EPCRA)--Long-Term Actions

Regulation

Sequence

Title

Identifier

Number

Number

3218

SAN No. 3215 Emergency Planning and Community Right-to-Know Act: Amendments and

2050-AE17

Streamlining Rule..................................................................... 3219

SAN No. 4753 Emergency Planning and Community Right-to-Know Act: Modification to the

2050-AF08

Threshold Planning Quantity Methodology for the Extremely Hazardous Substances That

Are Solids in Solution................................................................ 3220

SAN No. 4616 Clarify TRI Reporting Obligations Under EPCRA Section 313 for the Metal

2025-AA11

Mining Activities of Extraction and Beneficiation..................................... 3221

SAN No. 2425.1 TRI; Response to Petition To Add Diisononyl Phthalate to the Toxics

2025-AA17

Release Inventory List of Toxic Chemicals............................................. 3222

SAN No. 2425.3 TRI; Response to Petition To Delete Acetonitrile From the Toxics

2025-AA19

Release Inventory List of Toxic Chemicals.............................................

Page 23240

RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)--Proposed Rule Stage

Regulation

Sequence

Title

Identifier

Number

Number

3223

SAN No. 4230 Revisions to Solid Waste Landfill Criteria--Leachate Recirculation on

2050-AE67

Alternative Liners.................................................................... 3224

SAN No. 4091 Modifications to RCRA Rules Associated With Solvent-Contaminated

2050-AE51

Industrial Wipes...................................................................... 3225

SAN No. 4651 Increase Metals Reclamation From F006 Waste Streams...................... 2050-AE97 3226

SAN No. 4834 Hazardous Waste Management System: Identification and Listing of

2050-AG15

Hazardous Waste (F019 Listing Amendment in Wastewater Treatment Sludges From Zinc

Phosphating Processes in Automotive Assembly Plants).................................. 3227

SAN No. 4920 Rulemaking To Streamline Laboratory Waste Management in Academic and

2050-AG18

Research Laboratories................................................................. 3228

SAN No. 4828 RCRA Incentives for Performance Track Members............................ 2090-AA34

RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)--Final Rule Stage

Regulation

Sequence

Title

Identifier

Number

Number

3229

SAN No. 3545 Revisions to the Comprehensive Guideline for Procurement of Products

2050-AE23

Containing Recovered Materials........................................................ 3230

SAN No. 4411 Regulation of Hazardous Oil-Bearing Secondary Materials From Petroleum

2050-AE78

Refining Industry and Other Hazardous Secondary Materials Processed in a Gasification

System To Produce Synthesis Gas....................................................... 3231

SAN No. 4092 Recycling of Cathode Ray Tubes (CRTs): Changes to Hazardous Waste

2050-AE52

Regulations........................................................................... 3232

SAN No. 4670 Revisions to the Definition of Solid Waste............................... 2050-AE98 3233

SAN No. 5019 Criteria for Safe and Environmentally Protective Use of Granular Mine

2050-AG27

Tailings.............................................................................. 3234

SAN No. 4565 Project XL Site-Specific Rulemaking for the IBM Semiconductor

2090-AA29

Manufacturing Facility in Hopewell Junction, New York.................................

RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)--Long-Term Actions

Regulation

Sequence

Title

Identifier

Number

Number

3235

SAN No. 3856 Management of Cement Kiln Dust (CKD)..................................... 2050-AE34 3236

SAN No. 4470 Standards for the Management of Coal Combustion Wastes Generated by

2050-AE81

Commercial Electric Power Producers................................................... 3237

SAN No. 4469 Standards for the Management of Coal Combustion Wastes--Non-Power

2050-AE83

Producers and Minefilling............................................................. 3238

SAN No. 4735 RCRA Smarter Waste Reporting............................................. 2050-AF01 3239

SAN No. 4701 E-Cycling Pilot Project For Region 3 States (ECOS); Streamlining RCRA

2003-AA00

Regulations To Encourage Reuse, Recycling, and Recovery of Electronic Equipment....... 3240

SAN No. 4606 Revisions for Transboundary Shipments of Hazardous Waste for Recovery

2050-AE93

Within the Organization for Economic Cooperation and Development...................... 3241

SAN No. 2647 RCRA Subtitle C Financial Test Criteria (Revision)....................... 2050-AC71 3242

SAN No. 4778 Revisions of the Lead-Acid Battery Export Notification and Consent

2050-AF06

Requirements.......................................................................... 3243

SAN No. 4743 Land Disposal Restrictions: Macroencapsulation of Radioactive Lead

2050-AF12

Solids; Definition of Macroencapsulation.............................................. 3244

SAN No. 3147.1 Hazardous Waste Manifest Revisions - Standards and Procedures for

2050-AG20

Electronic Manifests.................................................................. 3245

SAN No. 4977 Expanding the Comparable Fuels Exclusion Under RCRA...................... 2050-AG24 3246

SAN No. 5047 NESHAP for Hazardous Air Pollutants for Hazardous Waste Combustors....... 2050-AG29

RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)--Completed Actions

Regulation

Sequence

Title

Identifier

Number

Number

3247

SAN No. 4084 RCRA Burden Reduction Initiative......................................... 2050-AE50 3248

SAN No. 3189 Final Determination of the Applicability of the Toxicity Characteristic

2050-AD69

Rule to Petroleum Contaminated Media and Debris From Underground Storage Tanks........

Page 23241

3249

SAN No. 4824 Hazardous Waste Generator Program Evaluation............................. 2050-AG25 3250

SAN No. 3333.1 NESHAP for Hazardous Waste Combustors (Amendments)..................... 2050-AG30

OIL POLLUTION ACT (OPA)--Proposed Rule Stage

Regulation

Sequence

Title

Identifier

Number

Number

3251

SAN No. 2634.2 Revisions to the Spill Prevention, Control, and Countermeasure (SPCC)

2050-AG16

Rule, 40 CFR Part 112.................................................................

OIL POLLUTION ACT (OPA)--Final Rule Stage

Regulation

Sequence

Title

Identifier

Number

Number

3252

SAN No. 2634.3 Oil Pollution Prevention; Spill Prevention, Control, and Countermeasure 2050-AG23

(SPCC) Requirements--Amendments.......................................................

OIL POLLUTION ACT (OPA)--Completed Actions

Regulation

Sequence

Title

Identifier

Number

Number

3253

SAN No. 2634.4 SPCC - Extension of Compliance Dates................................... 2050-AG28

COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT--Proposed Rule Stage

Regulation

Sequence

Title

Identifier

Number

Number

3254

SAN No. 3439 National Priorities List for Uncontrolled Hazardous Waste Sites: Proposed 2050-AD75 and Final Rules....................................................................... 3255

SAN No. 4971 National Contingency Plan Revisions To Align With the National Response

2050-AG22

Plan..................................................................................

COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT--Final Rule Stage

Regulation

Sequence

Title

Identifier

Number

Number

3256

SAN No. 3423 Reportable Quantity Adjustments for Carbamates and Carbamate-Related

2050-AE12

Hazardous Waste Streams; Reportable Quantity Adjustment for Inorganic Chemical

Manufacturing Process Waste (K178).................................................... 3257

SAN No. 4736 Administrative Reporting Exemption for Certain Air Releases of NOx....... 2050-AF02

COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT--Long-Term Actions

Regulation

Sequence

Title

Identifier

Number

Number

3258

SAN No. 4737 Correction of Errors and Adjustment of CERCLA Reportable Quantities...... 2050-AF03 3259

SAN No. 4177 Revise 40 CFR Part 35 Subpart O: Cooperative Agreements and Superfund

2050-AE62

State Contracts for Superfund Response Actions........................................

Page 23242

COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT--Completed Actions

Regulation

Sequence

Title

Identifier

Number

Number

3260

SAN No. 4201 Criteria for the Designation of Hazardous Substances Under CERCLA Section 2050-AE63 102(a)................................................................................ 3261

SAN No. 4739 Standards and Practices for Conducting All Appropriate Inquiries......... 2050-AF04

CLEAN WATER ACT (CWA)--Proposed Rule Stage

Regulation

Sequence

Title

Identifier

Number

Number

3262

SAN No. 4357 Uniform National Discharge Standards for Vessels of the Armed Forces--

2040-AD39

Phase II.............................................................................. 3263

SAN No. 4996 Concentrated Animal Feeding Operation Rule............................... 2040-AE80 3264

SAN No. 5040 Water Transfers Rule..................................................... 2040-AE86

CLEAN WATER ACT (CWA)--Final Rule Stage

Regulation

Sequence

Title

Identifier

Number

Number

3265

SAN No. 4540 Test Procedures: New and Updated Test Procedures for the Analysis of

2040-AD71

Pollutants Under the Clean Water Act and Safe Drinking Water Act...................... 3266

SAN No. 4543 Minimizing Adverse Environmental Impact From Cooling Water Intake

2040-AD70

Structures at Existing Facilities Under Section 316(b) of the Clean Water Act, Phase 3 3267

SAN No. 4690 National Pollutant Discharge Elimination System Permit Requirements for

2040-AD87

Peak Wet Weather Discharges From Municipal Wastewater Treatment Plants Serving

Sanitary Sewer Collection Systems Policy.............................................. 3268

SAN No. 4950 Test Procedures for the Analysis of E. coli, Enterococci, Fecal

2040-AE68

Coliforms, and Salmonella Under the Clean Water Act................................... 3269

SAN No. 4965 2006 Effluent Guidelines Program Plan.................................... 2040-AE76 3270

SAN No. 4995 Rulemaking on Direct Application of Pesticides to Waters of the United

2040-AE79

States in Compliance With FIFRA....................................................... 3271

SAN No. 4979 Amendments to NPDES Regulations for Storm Water Discharges From Oil/Gas

2040-AE81

Exploration, Production, Processing, or Treatment Operations, or Transmission

Facilities............................................................................

CLEAN WATER ACT (CWA)--Long-Term Actions

Regulation

Sequence

Title

Identifier

Number

Number

3272

SAN No. 4526 Revisions to the National Oil and Hazardous Substances Pollution

2050-AE87

Contingency Plan; Subpart J Product Schedule Listing Requirements..................... 3273

SAN No. 4370 Effluent Guidelines and Standards for the Pulp, Paper, and Paperboard

2040-AD49

Point Source Category, Dissolving Kraft and Dissolving Sulfite Subcategories (Phase

III).................................................................................. 3274

SAN No. 3702 Test Procedures for the Analysis of Trace Metals Under the Clean Water

2040-AC75

Act................................................................................... 3275

SAN No. 3714 Test Procedures: Increased Method Flexibility for Test Procedures

2040-AC92

Approved for Clean Water Act Compliance Monitoring.................................... 3276

SAN No. 3713 Test Procedures: Performance-Based Measurement System (PBMS) Procedures

2040-AC93 and Guidance for Clean Water Act Test Procedures...................................... 3277

SAN No. 4049 Test Procedures for the Analysis of Co-Planar and Mono-Ortho-Substituted

2040-AD09

Polychlorinated Biphenyls (PCBs) Under the Clean Water Act............................ 3278

SAN No. 3786 NPDES Applications Revisions............................................. 2040-AC84 3279

SAN No. 3999 NPDES Permit Requirements for Municipal Sanitary and Combined Sewer

2040-AD02

Collection Systems, Municipal Satellite Collection Systems, Sanitary Sewer Overflows, and Peak Excess Flow Treatment Facilities............................................. 3280

SAN No. 4746 Regulations for Gray and Black Water Discharges From Cruise Ships

2040-AD89

Operating in Certain Alaskan Waters................................................... 3281

SAN No. 4822 Effluent Guidelines and Standards: Recodification of Various Effluent

2040-AE61

Guidelines............................................................................ 3282

SAN No. 4948 Effluent Limitations Guidelines and Standards for Airport Deicing

2040-AE69

Operations............................................................................ 3283

SAN No. 4949 Effluent Limitations Guidelines and Standards for Drinking Water Supply

2040-AE74 and Treatment......................................................................... 3284

SAN No. 4967 New/Revised Ambient Water Quality Criteria (AWQC) for Recreational Waters 2040-AE77

Page 23243

3285

SAN No. 4980 Effluent Limitations Guidelines and Standards for the Vinyl Chloride and

2040-AE82

Chlor-Alkali Point Source Categories..................................................

CLEAN WATER ACT (CWA)--Completed Actions

Regulation

Sequence

Title

Identifier

Number

Number

3286

SAN No. 4947 Effluent Guidelines for the Iron and Steel Manufacturing Point Source

2040-AE78

Category (Revision)................................................................... 3287

SAN No. 4996.1 Concentrated Animal Feeding Operations--Compliance Dates............... 2040-AE85

SAFE DRINKING WATER ACT (SDWA)--Proposed Rule Stage

Regulation

Sequence

Title

Identifier

Number

Number

3288

SAN No. 4821 Drinking Water: Regulatory Determinations Regarding Contaminants on the

2040-AE60

Second Drinking Water Contaminant Candidate List...................................... 3289

SAN No. 4981 National Primary Drinking Water Regulations for Lead and Copper: Short-

2040-AE83

Term Regulatory Revisions and Clarifications..........................................

SAFE DRINKING WATER ACT (SDWA)--Final Rule Stage

Regulation

Sequence

Title

Identifier

Number

Number

3290

SAN No. 2340 National Primary Drinking Water Regulations: Ground Water Rule........... 2040-AA97 3291

SAN No. 4770 Unregulated Contaminant Monitoring Regulation for Public Water Systems

2040-AD93

Revisions.............................................................................

SAFE DRINKING WATER ACT (SDWA)--Long-Term Actions

Regulation

Sequence

Title

Identifier

Number

Number

3292

SAN No. 2281 National Primary Drinking Water Regulations: Radon....................... 2040-AA94 3293

SAN No. 3238 National Primary Drinking Water Regulations: Aldicarb.................... 2040-AC13 3294

SAN No. 4404 National Secondary Drinking Water Regulations (NSDWR): Methyl Tertiary

2040-AD54

Butyl Ether (MTBE) and Technical Corrections to the NSDWR............................. 3295

SAN No. 4775 National Primary Drinking Water Regulations: Revisions to the Total

2040-AD94

Coliform Monitoring and Analytical Requirements and Additional Distribution System

Requirements.......................................................................... 3296

SAN No. 4745 Drinking Water Contaminant Candidate List 3.............................. 2040-AD99 3297

SAN No. 4236 Underground Injection Control: Update of State Programs.................. 2040-AD40 3298

SAN No. 4966 Drinking Water Regulations for Aircraft Public Water System.............. 2040-AE84

SAFE DRINKING WATER ACT (SDWA)--Completed Actions

Regulation

Sequence

Title

Identifier

Number

Number

3299

SAN No. 4341 National Primary Drinking Water Regulations: Long Term 2 Enhanced Surface 2040-AD37

Water Treatment Rule.................................................................. 3300

SAN No. 4342 National Primary Drinking Water Regulations: Stage 2 Disinfection

2040-AD38

Byproducts Rule.......................................................................

Page 23244

SHORE PROTECTION ACT (SPA)--Long-Term Actions

Regulation

Sequence

Title

Identifier

Number

Number

3301

SAN No. 2820 Shore Protection Act, Section 4103(b) Regulations........................ 2040-AB85

Environmental Protection Agency (EPA)

Proposed Rule Stage

General
1. PROCEDURES FOR IMPLEMENTING THE NATIONAL ENVIRONMENTAL POLICY ACT
  
  AND ASSESSING THE ENVIRONMENTAL EFFECTS ABROAD OF EPA REGULATIONS
  
  Priority: Other Significant
  
  Legal Authority: 42 USC 4321
  
  CFR Citation: 40 CFR 6
  
  Legal Deadline: None
  
  Abstract: The proposed revision is necessary to clarify and update
  
  EPA's National Environmental Policy Act (NEPA) regulation. The revision would clarify Agency responsibilities for, congressionally funded special appropriation projects and EPA-funded grant programs. The revision would clarify public involvement procedures and organization responsibilities. The proposal would revise the list of actions which are categorically excluded from analyses. The revision is also needed to incorporate a number of Executive orders and other cross-cutting requirements into the NEPA process.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  12/00/06
  
  Final Action
  
  08/00/07
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: Undetermined
  
  Additional Information: SAN No. 4292;
  
  Agency Contact: Robert Hargrove, Environmental Protection Agency,
  
  Office of Enforcement and Compliance Assurance, DEPP-SPMMP, Washington,
  
  DC 20460
  
  Phone: 202 564-0000
  
  Fax: 202 564-0070
  
  Email: hargrove.robert@epamail.epa.gov
  
  Jaime Loichinger, Environmental Protection Agency, Office of
  
  Enforcement and Compliance Assurance, Environmental Protection Agency,
  
  Office of Enforcement and Compliance, 2252A, Washington, DC 20460
  
  Phone: 202 564-0276
  
  RIN: 2020-AA42
2. REVISIONS TO ACQUISITION REGULATION CONCERNING CONFLICT OF
  
  INTEREST
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: Not Yet Determined
  
  CFR Citation: Not Yet Determined
  
  Legal Deadline: None
  
  Abstract: The purpose of this rule is to revise the Agency's conflict of interest (COI) acquisition regulations. The specific revisions involve more stringent requirements for submission of relevant information from Agency contractors and potential contractors regarding their relationships with parent companies, affiliates, subsidiaries, and sister companies. Current Agency regulations do not require the submission of this level of information. Receipt and evaluation of this information is critical in order for the Agency to decide whether or not COI situations exist and how they are to be handled. This revised rule will also codify several COI clauses that have been developed since the issuance of the previous rule in 1994.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  06/00/06
  
  Final Action
  
  12/00/06
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: None
  
  Additional Information: SAN No. 4319;
  
  Sectors Affected: 5413 Architectural, Engineering and Related Services; 54162 Environmental Consulting Services; 5416 Management, Scientific and Technical Consulting Services; 5417 Scientific Research and
  
  Development Services; 562 Waste Management and Remediation Services
  
  Agency Contact: Daniel Humphries, Environmental Protection Agency,
  
  Administration and Resources Management, 3802R, Washington, DC 20460
  
  Phone: 202 564-4377
  
  Fax: 202 565-2552
  
  Email: humphries.daniel@epamail.epa.gov
  
  Cal McWhirter, Environmental Protection Agency, Administration and
  
  Resources Management, 3802R, Washington, DC 20460
  
  Phone: 202 564-4379
  
  Fax: 202 565-2552
  
  Email: mcwhirter.cal@epamail.epa.gov
  
  RIN: 2030-AA67
3. SECURITY REQUIREMENTS FOR TOXIC SUBSTANCES CONTROL ACT
  
  CONFIDENTIAL BUSINESS INFORMATION ACCESS FOR CONTRACTORS
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 5 USC 301 Sec 205 (c); 63 Stat. 390, as amended; 40
  
  USC 486 (c); 41 USC 418b
  
  CFR Citation: 48 CFR 1552; 48 CFR 1535
  
  Legal Deadline: None
  
  Abstract: Current security requirements for Toxic Substances Contract
  
  Act Confidential Business Information (TSCA CBI) access for contractors are implemented in three Environmental Protection Agency contract clauses, 1552.235-75, 1552.235-76, and 1552.235-78. Security requirements for the Government and contractors have been updated in a 2003 TSCA CBI
  
  Page 23245
  
  Protection Manual. This rulemaking will implement the new TSCA CBI requirements into the three EPAAR clauses cited above.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  06/00/06
  
  Final Action
  
  12/00/06
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: Federal
  
  Additional Information: SAN No. 4904;
  
  Agency Contact: Linda Clement, Environmental Protection Agency,
  
  Administration and Resources Management, 1200 Pennsylvania Ave,
  
  Washington, DC 20460
  
  Phone: 202 564-4356
  
  Fax: 202 565-2552
  
  Email: clement.linda@epamail.epa.gov
  
  Harry Lewis, Environmental Protection Agency, Administration and
  
  Resources Management, 7407, Washington, DC 20460
  
  Phone: 202 564-8642
  
  Email: lewis.harry@epamail.epa.gov
  
  RIN: 2030-AA88
4. AWARD TERM CONTRACTING
  
  Priority: Info./Admin./Other
  
  Legal Authority: 41 USC 418(b); 5 USC 301, sec 205(c); 63 Stat 390, as amended
  
  CFR Citation: 48 CFR 1516 and 1552
  
  Legal Deadline: None
  
  Abstract: The Environmental Protection Agency (EPA) is proposing to amend the EPA Acquisition Regulation (EPAAR) to add guidance on the use of award-term contracts. The guidance is necessary for contracting officers seeking to include award-term provisions in contracts. This guidance will establish a solicitation provision and contract clause in the EPAAR.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  11/00/06
  
  Final Action
  
  11/00/06
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: None
  
  Additional Information: SAN No. 4903;
  
  Agency Contact: Ed Chambers, Environmental Protection Agency,
  
  Administration and Resources Management, 1200 Pennsylvania Ave,
  
  Washington, DC 20460
  
  Phone: 202 564-4376
  
  Email: chambers.ed@epamail.epa.gov
  
  RIN: 2030-AA89
5. REVISE EPAAR 1552.211-79 TO INCLUDE ACCESSIBILITY STANDARDS FOR
  
  CONTRACT DELIVERABLES (508) AND OTHER IT REQUIREMENTS
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 5 USC 301, sec 205(c); 41 USC 418(b)
  
  CFR Citation: 48 CFR 1511; 48 CFR 1552
  
  Legal Deadline: None
  
  Abstract: This action will amend the Environmental Protection Agency
  
  Acquisition Regulation (EPAAR) to require contractors to identify applicable accessibility (508) standards in contract deliverables.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  07/00/06
  
  Final Action
  
  12/00/06
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: None
  
  Additional Information: SAN No. 4931;
  
  Agency Contact: Ed Chambers, Environmental Protection Agency,
  
  Administration and Resources Management, 1200 Pennsylvania Ave,
  
  Washington, DC 20460
  
  Phone: 202 564-4376
  
  Email: chambers.ed@epamail.epa.gov
  
  RIN: 2030-AA90
6. SIMPLIFIED ACQUISITION FINANCING
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: Not Yet Determined
  
  CFR Citation: Not Yet Determined
  
  Legal Deadline: None
  
  Abstract: This is implementing Agency guidance of a Federal Acquisition
  
  Regulation change allowing financing options for simplified acquisitions.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  04/00/06
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: None
  
  Additional Information: SAN No. 5063;
  
  Agency Contact: Susan Kantrowitz, Environmental Protection Agency,
  
  Administration and Resources Management, 3102A, Washington, DC 20460
  
  Phone: 202 564-4317
  
  Fax: 202 564-1887
  
  Email: kantrowitz.susan@epa.gov
  
  Tiffany Schermerhorn, Environmental Protection Agency, Administration and Resources Management, 3102A, Washington, DC 20460
  
  Phone: 202 564-9902
  
  Fax: 202 564-1887
  
  Email: schermerhorn.tiffany@epamail.epa.gov
  
  RIN: 2030-AA92
7. PROJECT XL SITE SPECIFIC RULEMAKING FOR THE NASA WHITE SANDS TEST
  
  FACILITY IN LAS CRUCES, NEW MEXICO (PHASES III-VI)
  
  Priority: Info./Admin./Other
  
  Legal Authority: 33 USC 2701-2761; 42 USC 300(f) to 300(j)-26; 42 USC 6901-6992(k)
  
  CFR Citation: Not Yet Determined
  
  Legal Deadline: None
  
  Abstract: The United States Environmental Protection Agency has entered into a Final Project Agreement with the National Aeronautics and Space
  
  Administration (NASA) White Sands Test Facility in Las Cruces, Mexico that would modify the reporting requirements under the Resource
  
  Conservation and Recovery Act (RCRA) and the Safe Drinking Water Act
  
  (SDWA). The rule will allow the facility to submit regulatory reports and submit information electronically rather than on paper to the New
  
  Mexico Environment Department (NMED) Solid Waste Bureau, Hazardous
  
  Waste Bureau, Groundwater Bureau, and Air Quality Bureau. Doing so will significantly reduce its regulatory reporting costs and enhance the
  
  State's ability to analyze and
  
  Page 23246
  
  manage the facility's regulatory and permit information. The electronic reporting involves six phases that will transition NASA from submitting data on a CD-ROM to utilizing the Internet to transmit data to NMED.
  
  This rule covers Phases III-VI of the project, the previous NASA White
  
  Sands Test Facility Final Rule covered Phases I-II.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  11/00/06
  
  Final Action
  
  01/00/07
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: Federal, State
  
  Additional Information: SAN No. 4836;
  
  Agency Contact: Adam Levitan, Environmental Protection Agency, Office of the Administrator, 1807T, Washington, DC 20460
  
  Phone: 202 566-1466
  
  Fax: 202 566-2210
  
  Email: levitan.adam@epamail.epa.gov
  
  Gerald Filbin, Environmental Protection Agency, Office of the
  
  Administrator, 1807T, Washington, DC 20460
  
  Phone: 202 566-2182
  
  Fax: 202 566-2211
  
  Email: filbin.gerald@epamail.epa.gov
  
  RIN: 2090-AA35
  
  Environmental Protection Agency (EPA)
  
  Final Rule Stage
  
  General
8. INCORPORATION OF CLASS DEVIATIONS INTO EPAAR
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 40 USC 486(c)
  
  CFR Citation: 48 CFR 1537; 48 CFR 1552
  
  Legal Deadline: None
  
  Abstract: The Agency has approved a number of class deviations (e.g., changes to reporting requirements and monthly progress reports) to the
  
  EPAAR since its promulgation in April 1994. This proposed rule would incorporate most of the class deviations to the EPAAR.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  Direct Final Action
  
  04/00/06
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: None
  
  Additional Information: SAN No. 3580;
  
  Agency Contact: Frances Smith, Environmental Protection Agency,
  
  Administration and Resources Management, 3802R, Washington, DC 20460
  
  Phone: 202 564-4368
  
  Fax: 202 565-2475
  
  Email: smith.frances@epamail.epa.gov
  
  RIN: 2030-AA37
9. IMPLEMENTATION OF AUTHORITY TO APPOINT RESEARCH
  
  SCIENTISTS.
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: Not Yet Determined
  
  CFR Citation: Not Yet Determined
  
  Legal Deadline: None
  
  Abstract: This is an administrative provision in title II which authorizes the Administrator, after consultation with OPM, to make up to five appointments in any fiscal year from 2006 to 2011 for the
  
  Office of Research and Development only under the authority provided in 42 U.S.C. 209.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  Direct Final Action
  
  04/00/06
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: None
  
  Additional Information: SAN No. 5062;
  
  Agency Contact: Susan Kantrowitz, Environmental Protection Agency,
  
  Administration and Resources Management, 3102A, Washington, DC 20460
  
  Phone: 202 564-4317
  
  Fax: 202 564-1887
  
  Email: kantrowitz.susan@epa.gov
  
  John T. Obrien, Environmental Protection Agency, Administration and
  
  Resources Management, 1200 Pennsylvania Ave, NW, Washington, DC 20460
  
  Phone: 202 564-7876
  
  Email: obrien.johnt@epamail.epa.gov
  
  RIN: 2030-AA91
10. AMENDMENT OF THE STANDARDS FOR RADIOACTIVE WASTE DISPOSAL IN YUCCA
  
  MOUNTAIN, NEVADA
  
  Priority: Other Significant
  
  Legal Authority: PL 102-486
  
  CFR Citation: 40 CFR 197
  
  Legal Deadline: None
  
  Abstract: This action will amend the standards for Yucca Mountain,
  
  Nevada (40 CFR Part 197). These standards were issued in 2001 and were partially remanded by a Federal court in 2004. These amendments will address the remanded portion of the standards, viz., the compliance period. Yucca Mountain is the site of a potential geologic repository for spent nuclear fuel and high-level radioactive waste. It is about 100 miles northwest of Las Vegas, Nevada, and straddles the boundaries of the Nevada Test Site, Bureau of Land Management land, and an Air
  
  Force bombing range. The site is being developed by the Department of
  
  Energy (DOE). The DOE will submit a license application to the Nuclear
  
  Regulatory Commission (NRC). We (EPA) were given the authority to set
  
  Yucca Mountain-specific standards in the Energy Policy Act of 1992
  
  (EnPA). The EnPA also requires NRC to adopt our standards in its licensing regulations and use them as a basis to judge compliance of the repository's performance. The Agency issued final Yucca Mountain standards in 2001. In July 2004, the DC Circuit Court returned the standards to EPA for reconsideration of the regulatory time frame. The
  
  Court found that the 10,000-year compliance period violates our
  
  Page 23247
  
  authorizing statute for Yucca Mountain regulation because it is not
  
  ``based upon and consistent with'' scientific recommendations required from the National Academy of Sciences under the legislation. To address the Court's opinion, we must reassess the time frame in light of the
  
  National Academy's recommendation that compliance must be addressed at the time of peak dose, which may be as long as several hundred thousand years into the future.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  08/22/05
  
  70 FR 49014
  
  Final Action
  
  12/00/06
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: Federal
  
  Additional Information: SAN No. 4964;
  
  Agency Contact: Ray Clark, Environmental Protection Agency, Air and
  
  Radiation, 6608J, Washington, DC 20460
  
  Phone: 202 343-9198
  
  Fax: 202 343-9198
  
  Email: clark.ray@epa.gov
  
  Raymond Lee, Environmental Protection Agency, Air and Radiation, 6608J,
  
  Washington, DC 20460
  
  Phone: 202 343-9463
  
  Fax: 202 343-2503
  
  Email: lee.raymond@epa.gov
  
  RIN: 2060-AN15
11. PROJECT XL SITE SPECIFIC RULEMAKING FOR NASA WHITE SANDS TEST
  
  FACILITY ELECTRONIC REPORTING IN LAS CRUCES, NEW MEXICO (PHASES I - II)
  
  Priority: Info./Admin./Other
  
  Legal Authority: Safe Drinking Water Act; 42 USC 300f to 300J-26; Solid
  
  Waste Disposal Act; 42 USC 6901 to 6992k
  
  CFR Citation: Not Yet Determined
  
  Legal Deadline: None
  
  Abstract: The U.S. Environmental Protection Agency (EPA) has entered into an XL (eXcellence and Leadership) Final Project Agreement (FPA) with the National Aeronautics and Space Administration (NASA) White
  
  Sands Test Facility (WSTF) in Las Cruces, NM to implement a project that would modify reporting requirements under the Resource
  
  Conservation and Recovery Act (RCRA), the Safe Drinking Water Act
  
  (SDWA), Clean Water Act (CWA) and the Clean Air Act (CAA). The purpose of this NASA WSTF Electronic Reporting site-specific rule is to enable the NASA WSTF to electronically submit compliance reports and permit information to the New Mexico Environment Department (NMED) in lieu of submitting paper reports. The rule will set forth guidelines to ensure that the information submitted by NASA WSTF to NMED is accurate by outlining procedures for data authentication, use of electronic signature and encryption processes. This rule will address Phases I and
  
  II of the project covering reporting requirements under RCRA and the
  
  SDWA. A second and subsequent rule will address Phases III-VI of the project covering additional reporting requirements under the CWA and
  
  CAA.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  10/31/01
  
  66 FR 55050
  
  Final Action
  
  04/00/06
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: Federal, State
  
  Additional Information: SAN No. 4536; EPA publication information: NPRM
  
  - http://www.epa.gov/fedrgstr/EPA-WASTE/2001/October/Day-31/f27380.htm;
  
  Agency Contact: Kristina Heinemann, Environmental Protection Agency,
  
  Office of the Administrator, 1807T, Washington, DC 20460
  
  Phone: 202 566-2183
  
  Fax: 202 566-2220
  
  Email: heinemann.kristina@epamail.epa.gov
  
  Gerald Filbin, Environmental Protection Agency, Office of the
  
  Administrator, 1807T, Washington, DC 20460
  
  Phone: 202 566-2182
  
  Fax: 202 566-2211
  
  Email: filbin.gerald@epamail.epa.gov
  
  RIN: 2090-AA27
  
  Environmental Protection Agency (EPA)
  
  Long-Term Actions
  
  General
12. UTILIZATION OF SMALL, MINORITY AND WOMEN'S BUSINESS ENTERPRISES IN
  
  PROCUREMENT UNDER ASSISTANCE AGREEMENTS
  
  Priority: Other Significant
  
  Legal Authority: PL 101-507; PL 102-389; PL 101-549; 42 USC 9605(f); PL 100-590; EO 12432; EO 12138; EO 11625
  
  CFR Citation: 40 CFR 33
  
  Legal Deadline: None
  
  Abstract: The regulation will codify revisions to the Agency's program for the utilization of Small, Minority and Women's Business Enterprises in procurements under assistance agreements (i.e., grants and cooperative agreements awarded by EPA as well as grants and cooperative agreements awarded by other agencies under interagency agreements with
  
  EPA). The revisions are necessary to ensure consistency with the
  
  Supreme Court's decision in Adarand Constructors, Inc. v. Pena, 115
  
  S.Ct. 2097 (1995), and were identified as part of the Clinton
  
  Administration's review of affirmative action programs. They include:
  
  (1) placing greater emphasis on requiring assistance agreement recipients to submit documentation supporting proposed fair share procurement objectives for Minority Business Enterprises (MBEs) and
  
  Women's Business Enterprises (WBEs) based on the availability of qualified MBEs and WBEs in the relevant geographic market; (2) authorizing or requiring recipients and their prime contractors to take reasonable race/gender-conscious measures (e.g., bidding credits) in the event that race/gender-neutral efforts prove inadequate to meet fair share objectives; and (3) administering statutory MBE/WBE objectives as a national goal, allowing smaller or larger fair share objectives for particular grants or cooperative agreements based on the availability standard.
  
  Page 23248
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  07/24/03
  
  68 FR 43824
  
  Final Action
  
  04/00/07
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: Businesses, Governmental Jurisdictions,
  
  Organizations
  
  Government Levels Affected: Federal, State, Local, Tribal
  
  Additional Information: SAN No. 4056;
  
  Agency Contact: Kimberly Patrick, Environmental Protection Agency,
  
  Office of Enforcement and Compliance Assurance, 1230, Washington, DC 20460
  
  Phone: 202 564-5386
  
  Fax: 202 501-0139
  
  Email: patrick.kimberly@epamail.epa.gov
  
  Jeanette Brown, Environmental Protection Agency, Office of Enforcement and Compliance Assurance, 1230A, Washington, DC 20460
  
  Phone: 202 564-4100
  
  Fax: 202 501-0756
  
  Email: brown.jeanettel@epamail.epa.gov
  
  RIN: 2020-AA39
13. PUBLIC INFORMATION AND CONFIDENTIALITY REGULATIONS
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 15 USC 2005; 15 USC 2601 et seq; 21 USC 346; 33 USC 1251 et seq; 33 USC 1414; 42 USC 11001 et seq; 42 USC 300(f) et seq; 42
  
  USC 4912; 42 USC 6901 et seq; 42 USC 7401 et seq; 42 USC 9601 et seq; 5
  
  USC 552; 7 USC 136 et seq
  
  CFR Citation: 40 CFR 2; 40 CFR 57; 40 CFR 122; 40 CFR 123; 40 CFR 145; 40 CFR 233; 40 CFR 260; 40 CFR 270; 40 CFR 271; 40 CFR 281; 40 CFR 350; 40 CFR 403; 40 CFR 85; 40 CFR 86
  
  Legal Deadline: NPRM, Statutory, August 31, 2000, Proposed rule to eliminate the special treatment of CBI substantiations.
  
  Abstract: EPA regulations at 40 CFR part 2, subpart B, provide procedures for handling and disclosing information claimed as confidential business information (CBI). Although the current regulations have succeeded in protecting CBI, changes in Agency workload, practice, and statutory authority have made it difficult to handle CBI activities as expeditiously as desired. EPA is examining its
  
  CBI regulations to determine whether changes are needed to make them more efficient and effective. Provision 40 CFR 2.205(c), which automatically protects CBI substantiations claimed as confidential, is being examined individually and as part of the CBI regulations as a whole.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM 1
  
  11/23/94
  
  59 FR 60446
  
  NPRM 2
  
  10/25/99
  
  64 FR 57421
  
  NPRM 3
  
  12/21/99
  
  64 FR 71366
  
  NPRM 4
  
  08/30/00
  
  65 FR 52684
  
  ANPRM
  
  12/21/00
  
  65 FR 80394
  
  Final Action
  
  To Be
  
  Determined
  
  Regulatory Flexibility Analysis Required: Undetermined
  
  Small Entities Affected: Businesses
  
  Government Levels Affected: Federal
  
  Additional Information: SAN No. 3240;
  
  Agency Contact: Sara Hisel-McCoy, Environmental Protection Agency,
  
  Office of Environmental Information, 2822-T, Washington, DC 20460
  
  Phone: 202 566-1649
  
  Fax: 202 566-1639
  
  Email: hisel-mccoy.sara@epamail.epa.gov
  
  Joe Sierra, Environmental Protection Agency, Office of Environmental
  
  Information, 2822-T, Washington, DC 20460
  
  Phone: 202 566-1683
  
  Fax: 202 566-1639
  
  Email: sierra.joe@epamail.epa.gov
  
  RIN: 2025-AA02
  
  Environmental Protection Agency (EPA)
  
  Completed Actions
  
  General
14. CROSS-MEDIA ELECTRONIC REPORTING (ER) AND RECORDKEEPING RULE
  
  (CROMERRR)
  
  Priority: Other Significant
  
  CFR Citation: 40 CFR 3 (New); 40 CFR 9 (Revision)
  
  Completed:
  
  Reason
  
  Date
  
  FR Cite
  
  NPRM
  
  08/31/01
  
  66 FR 46162
  
  Final Action
  
  10/13/05
  
  70 FR 59848
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: Federal, Local, State, Tribal
  
  Agency Contact: Evi Huffer
  
  Phone: 202 566-1697
  
  Fax: 202 260-9322
  
  Email: huffer.evi@epamail.epa.gov
  
  David Schwarz
  
  Phone: 202 566-1704
  
  Fax: 202 566-1684
  
  Email: schwarz.david@epamail.epa.gov
  
  RIN: 2025-AA07
15. PRIVACY ACT REGULATIONS (REVISED)
  
  Priority: Info./Admin./Other
  
  CFR Citation: 40 CFR 16 (revised)
  
  Completed:
  
  Reason
  
  Date
  
  FR Cite
  
  NPRM
  
  09/14/04
  
  69 FR 55377
  
  Final Action
  
  01/04/06
  
  71 FR 232
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: Federal
  
  Agency Contact: Judy Hutt
  
  Phone: 202 566-1668
  
  Fax: 202 566-1639
  
  Email: hutt.judy@epamail.epa.gov
  
  Deborah Williams
  
  Phone: 202 566-1659
  
  Fax: 202 566-1648
  
  Email: williams.deborah@epamail.epa.gov
  
  RIN: 2025-AA13
16. MISCELLANEOUS REVISIONS TO EPAAR CLAUSES
  
  Priority: Substantive, Nonsignificant
  
  CFR Citation: 48 CFR 1515; 48 CFR 1535; 48 CFR 1552
  
  Page 23249
  
  Completed:
  
  Reason
  
  Date
  
  FR Cite
  
  Direct Final Action
  
  10/25/05
  
  70 FR 61567
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: None
  
  Agency Contact: Dan Humphries
  
  Phone: 202 564-4377
  
  Email: humphries.daniel@epamail.epa.gov
  
  RIN: 2030-AA84
17. TSCA COMPLIANCE MONITORING GRANT REGULATION
  
  AMENDMENT
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: TSCA Section 28
  
  CFR Citation: 40 CFR 35.312
  
  Legal Deadline: None
  
  Abstract: This action is to revise the Toxic Substances Control Act
  
  (TSCA) Compliance Monitoring Grant Regulation, 40 CFR 35.312 by deleting the reference to a competitive process. This action will be filed as a direct final rule. The language in the regulation currently reads `` EPA will award TSCA compliance monitoring grant funds to
  
  States through a competitive process in accordance with the national program guidance.'' This regulation will be revised by deleting the phrase ``through a competitive process`` from the regulation. The action is necessary to reflect how TSCA compliance monitoring grants funding States with PCB and asbestos compliance monitoring programs are managed.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  Final Action
  
  02/13/06
  
  71 FR 7414
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: State
  
  Additional Information: SAN No. 5004; EPA publication information:
  
  Final Action - http://www.epa.gov/fedrgstr/EPA-TOX/2006/February/Day- 13/t1309.htm;
  
  Agency Contact: Phyllis Flaherty, Environmental Protection Agency,
  
  Office of Prevention, Pesticides and Toxic Substances, 1200
  
  Pennsylvania Avenue NW, Washington, DC 20460
  
  Phone: 202 564-4131
  
  Fax: 202 564-0050
  
  Email: flaherty.phyllis@epamail.epa.gov
  
  Iliana Tamacas, Environmental Protection Agency, Office of Prevention,
  
  Pesticides and Toxic Substances, 1200 Pennsylvania Avenue NW,
  
  Washington, DC 20460
  
  Phone: 281 983-2113
  
  Fax: 281 983-2124
  
  Email: tamacas.iliana@epamail.epa.gov
  
  RIN: 2070-AJ24
18. GUIDELINES FOR CARCINOGEN RISK ASSESSMENT
  
  Priority: Info./Admin./Other
  
  CFR Citation: None
  
  Completed:
  
  Reason
  
  Date
  
  FR Cite
  
  Guidance published by EPA
  
  04/07/05
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: None
  
  Agency Contact: William Wood
  
  Phone: 202 564-3358
  
  Email: wood.bill@epamail.epa.gov
  
  RIN: 2080-AA06
  
  Environmental Protection Agency (EPA)
  
  Prerule Stage
  
  Clean Air Act (CAA)
19. REQUIREMENTS FOR REFORMULATED GASOLINE (RFG)
  
  UNDER THE 8-HOUR OZONE STANDARD FOR BUMP-UP AREAS DESIGNATED ATTAINMENT
  
  FOR THE 1-HOUR OZONE STANDARD PRIOR TO REVOCATION
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: Clean Air Act
  
  CFR Citation: 40 CFR 80
  
  Legal Deadline: None
  
  Abstract: Reformulated Gasoline (RFG) is gasoline blended to reduce emissions that cause ozone smog. The Clean Air Act (CAA) requires certain areas to use RFG, depending on how serious the ozone problem is--i.e., how far it is from attaining the National Ambient Air Quality
  
  Standards (NAAQS) for ozone. In some cases, areas that previously had a less-serious ozone problem subsequently experience worse air quality, and in such cases the Clean Air Act requires them to be ``bumped up'' to a higher category, thereby requiring RFG use. One complication is that the Agency is now implementing the transition from the previous ozone standard, based on the amount of pollution measured over a 1-hour period, to the new ozone standard, based on an 8-hour period. This rule would set regulations for such cases. EPA is inviting comment on two options for such cases. Under the first option, an area would be required to use RFG at least until it is redesignated to attainment for the 8-hr NAAQS. This option would rely on an anti-backsliding approach that emphasizes that the area is still an ozone nonattainment area notwithstanding its redesignation to attainment of the 1-hour NAAQS.
  
  EPA would interpret the Act as requiring continued use of RFG in the proposal areas due to their continued status as ozone nonattainment areas under the 8-hour NAAQS. An area would remain an RFG area at least until it is redesignated to attainment for the 8-hour NAAQS. Under the second option, EPA would interpret CAA section 211(k)(10)(D) such that an area would no longer be considered an RFG area after redesignation to attainment for the 1-hour NAAQS, if the State requests removal of
  
  RFG and demonstrates that removal would not result in loss of emission reductions relied upon in the State attainment plan. This option would allow for removal of the RFG program for proposal areas during transition to the 8-hour NAAQS, unlike the approach adopted for other bump-up areas. This option would implement an antibacksliding approach with a trigger date (date of revocation of the 1-hour NAAQS) that is different from that otherwise used. EPA recently redesignated Atlanta to attainment of the 1-hour NAAQS , prior to revocation of the 1-hour
  
  NAAQS. Thus, Atlanta
  
  Page 23250
  
  is the only bump-up area that would fall within the scope of this proposal.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  ANPRM
  
  05/00/06
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: None
  
  Additional Information: SAN No. 5022;
  
  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, 1200
  
  Pennsylvania Avenue NW, Washington, DC 20460
  
  Phone: 734 214-4820
  
  Email: cook.leila@epamail.epa.gov
  
  RIN: 2060-AN63
  
  Environmental Protection Agency (EPA)
  
  Proposed Rule Stage
  
  Clean Air Act (CAA)
20. AMENDMENT TO SUBPARTS H AND I FOR EMISSIONS OF RADIONUCLIDES OTHER
  
  THAN RADON FROM DOE FACILITIES
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: PL 95-95; CAAA 112(g) or (q)
  
  CFR Citation: 40 CFR 61
  
  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. Under subparts H and I, regulated entities currently determine compliance with the emission standards by utilizing the approved computer models
  
  CAP88 and AIRDOS-PC or any other procedures for which EPA has granted prior approval. Since promulgation of subparts H and I, EPA has developed an additional model, GENII-NESHAPS, which is suitable for regulated entities to use to determine compliance, in addition to the currently approved models mentioned above. The model was developed to incorporate the internal dosimetry models recommended by the
  
  International Commission on Radiological Protection (ICRP) and the radiological risk estimating procedures of Federal Guidance Report 13 into updated versions of existing environmental pathway analysis models. The model was developed under the direction of OAR's Office of
  
  Radiation and Indoor Air, in consultation with OAR's Office of Air
  
  Quality Planning and Standards (OAQPS). Also, GENII-NESHAPs has undergone Science Advisory Board (SAB) review. In this direct final rule, EPA is updating Subparts H and I to include GENII-NESHAPS as an approved compliance model.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  10/00/06
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: Federal, Local, State
  
  Additional Information: SAN No. 4768;
  
  Agency Contact: Behram Shroff, Environmental Protection Agency, Air and
  
  Radiation, 6608J, Washington, DC 20460
  
  Phone: 202 343-9707
  
  Fax: 202 343-9707
  
  Email: shroff.behram@epamail.epa.gov
  
  RIN: 2060-AK81
21. 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: NPRM, Judicial, December 20, 2005.
  
  Final, Judicial, September 27, 2006.
  
  Abstract: On July 18, 1997, the EPA published a final rule revising the national ambient air quality standards (NAAQS) for particulate matter
  
  (PM) (62 FR 38652). While retaining the PM10 standard levels, new standards were added for fine particles (PM2.5) to provide increased protection against both health and environmental effects of PM. On the same day, a Presidential Memorandum (62 FR 38421) was published that, among other things, anticipated that EPA would complete the next review of the PM NAAQS by July 2002. The EPA's plans and schedule for the next periodic review of the PM NAAQS were published on October 23, 1997 (62
  
  FR 55201). Due to the unprecedented volume of new research, the completion of the Criteria Document has been extended. As a result the overall schedule for the review of the PM NAAQS has extended beyond the original target of July 2002. As with other NAAQS reviews, a rigorous assessment of relevant scientific information will be presented in a
  
  Criteria Document (CD) prepared by EPA's National Center for
  
  Environmental Assessment. The EPA's Office of Air Quality Planning and
  
  Standards will then prepare a Staff Paper (SP) for the Administrator which will evaluate the policy implications of the key studies and scientific information contained in the CD and additional technical analyses and identify critical elements that EPA staff believe should be considered in reviewing the standards. The CD and SP will be reviewed by the Clean Air Scientific Advisory Committee (CASAC) and the public, and both final documents will reflect the input received through these reviews. As the PM NAAQS review is completed, the
  
  Administrator's proposal to revise or reaffirm the PM NAAQS will be published with a request for public comment. Input received during the public comment period will be considered in the Administrator's final decision. On January 17, 2006, EPA proposed rules regarding the primary and secondary PM NAAQS (71 FR 2620) as well as proposed revisions to the ambient air monitoring regulations (71 FR 2710).
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  01/17/06
  
  71 FR 2620
  
  Page 23251
  
  NPRM Comment Period End
  
  04/17/06
  
  Final Action
  
  10/00/06
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: Federal, State, Tribal
  
  Additional Information: SAN No. 4255; ; EPA Docket information: OAR- 2001-0017
  
  URL For More Information: www.epa.gov/ttn/naaqs/standards/pm/s--pm--index.html
  
  Agency Contact: Beth Hassett-Sipple, Environmental Protection Agency,
  
  Air and Radiation, C539-01, Washington DC, DC 20460
  
  Phone: 919 541-4605
  
  Fax: 919 541-0237
  
  Email: hassett-sipple.beth@epa.gov
  
  Karen Martin, Environmental Protection Agency, Air and Radiation, C504- 06, Research Triangle Park, NC 27711
  
  Phone: 919 541-5274
  
  Fax: 919 541-0237
  
  Email: martin.karen@epa.gov
  
  RIN: 2060-AI44
22. EVALUATION OF UPDATED TEST PROCEDURES FOR THE CERTIFICATION OF
  
  GASOLINE DEPOSIT CONTROL ADDITIVES
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: CAA 211
  
  CFR Citation: 40 CFR 80
  
  Legal Deadline: None
  
  Abstract: All gasoline must contain additives to control the formation of deposits in the fuel supply system and engine of motor vehicles. If uncontrolled, such deposits can result in a significant increase in motor vehicle emissions. This action will propose that updated test procedures be adopted for the certification of gasoline deposit control additives regarding their ability to control fuel injector and intake valve deposits. The adoption of the updated procedures will ensure that the gasoline deposit control program continues to ensure an adequate level of deposit control, thereby preventing an increase in motor vehicle emissions. The updated test procedures require less time to perform and are less costly. Therefore, the adoption of the proposed procedures will reduce the burden on industry of complying with the gasoline deposit control program. This proposed action will not impact small businesses, or State, local, or tribal governments.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  12/00/06
  
  Final Action
  
  12/00/07
  
  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, Washington, DC 48105
  
  Phone: 734 214-4227
  
  Email: herzog.jeff@epamail.epa.gov
  
  RIN: 2060-AJ61
23. GENERAL CONFORMITY REGULATIONS; REVISIONS
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 42 USC 7401-7671
  
  CFR Citation: 40 CFR 51.850 to 51.860; 40 CFR 93.150 to 93.160
  
  Legal Deadline: None
  
  Abstract: Section 176(c) of the Clean Air Act prohibits Federal entities from taking actions which do not conform to the State implementation plan (SIP) for the attainment and maintenance of the national ambient air quality standards (NAAQS). In November 1993, EPA promulgated two sets of regulations to implement section 176(c). First, on November 24, EPA promulgated the Transportation Conformity
  
  Regulations to establish the criteria and procedures for determining that transportation plans, programs, and projects which are funded under title 23 U.S.C. or the Federal Transit Act conform with the SIP.
  
  Then, on November 30, EPA promulgated regulations, known as the General
  
  Conformity Regulations, to ensure that other Federal actions also conformed to the SIPs. The EPA has not reviewed or revised the General
  
  Conformity Regulations since their 1993 promulgation. Several Federal agencies have identified concerns over the implementation of the
  
  General Conformity Regulations, including the requirements for areas designated nonattainment for the newly promulgated NAAQS. In conjunction with an ad hoc work group of representatives from several
  
  Federal agencies, EPA will review the implementation of the General
  
  Conformity Regulations. The EPA will then propose and promulgate any appropriate revision to those regulations.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  06/00/06
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: Federal, State, Tribal
  
  Additional Information: SAN No. 4070;
  
  Agency Contact: Tom Coda, Environmental Protection Agency, Air and
  
  Radiation, C539-02, Research Triangle Park, NC 27711
  
  Phone: 919 541-3037
  
  Fax: 919 541-0824
  
  Email: coda.tom@epa.gov
  
  RIN: 2060-AH93
24. REVIEW OF NEW SOURCES AND MODIFICATIONS IN INDIAN COUNTRY
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 42 USC 7410
  
  CFR Citation: 40 CFR 49
  
  Legal Deadline: None
  
  Abstract: As required by the Clean Air Act's New Source Review (NSR) provisions, the EPA is proposing Federal regulations governing preconstruction permitting of minor stationary sources 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. The
  
  Federal NSR permitting programs would be effective throughout Indian country and would be implemented by EPA if eligible Indian Tribes do not elect, or do not receive authorization, to manage such programs.
  
  The proposed Federal NSR rule would require sources in Indian country, with certain exceptions, to obtain a permit prior to construction if they are: (1) new minor sources, (2)
  
  Page 23252
  
  existing minor sources undergoing modification, (3) new major sources in nonattainment areas in Indian country, or (4) existing major sources in nonattainment areas in Indian country undergoing minor modification.
  
  The proposed rule also would allow new or existing stationary sources of regulated NSR pollutants and HAPs to accept enforceable limits on their production capacity or hours of operation in order to be considered minor sources and avoid being subject to other Clean Air Act requirements such as the title V operating permits program. These rules would not impose any mandates on Tribal governments to implement NSR permitting programs. Tribal governments may be affected, however, insofar as they own or operate sources that must obtain a permit from the EPA under the final Federal permitting program regulations.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  07/00/06
  
  Final Action
  
  06/00/07
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: Businesses, Governmental Jurisdictions
  
  Government Levels Affected: Federal, Tribal
  
  Additional Information: SAN No. 3975;
  
  Agency Contact: Raj Rao, Environmental Protection Agency, Air and
  
  Radiation, C339-03, RTP, NC 27711
  
  Phone: 919 541-5344
  
  Fax: 919 541-5509
  
  Email: rao.raj@epamail.epa.gov
  
  Jessica Montanez, Environmental Protection Agency, Air and Radiation,
  
  C339-03, RTP, NC 27711
  
  Phone: 919 541-3407
  
  Fax: 919 541-5509
  
  Email: sutton.lisa@epamail.epa.gov
  
  RIN: 2060-AH37
25. AMENDMENTS TO STANDARD OF PERFORMANCE FOR NEW STATIONARY SOURCES;
  
  MONITORING REQUIREMENTS (40 CFR PART 60, APPENDIX F, PROCEDURE 3)
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 42 USC 7411
  
  CFR Citation: 40 CFR 60
  
  Legal Deadline: Final, Statutory, June 15, 2001, -.
  
  Abstract: This rulemaking proposes to add a method, Method 203, for the measurement of opacity from stationary sources, to appendix M (Example
  
  Test Methods for State Implementation Plans) in 40 CFR part 51. This action provides States with an instrumental test method which can be used in determining, on a continuous basis, compliance with stationary source opacity emission limitations.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  01/00/07
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: None
  
  Additional Information: SAN No. 3958;
  
  Agency Contact: Solomon Ricks, Environmental Protection Agency, Air and
  
  Radiation, D243-02, Research Triangle Park, NC 27711
  
  Phone: 919 541-5242
  
  Fax: 919 541-1039
  
  Email: ricks.solomon@epamail.epa.gov
  
  Fred Thompson, Environmental Protection Agency, Air and Radiation,
  
  D243-02, Research Triangle Park, NC 27711
  
  Phone: 919 541-2707
  
  Email: thompson.fred@epamail.epa.gov
  
  RIN: 2060-AH23
26. NESHAP: HALOGENATED SOLVENT CLEANING - RESIDUAL RISK STANDARDS
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 42 USC 7412
  
  CFR Citation: 40 CFR 63
  
  Legal Deadline: Final, Statutory, December 2, 2002, -.
  
  Final, Judicial, December 31, 2006, consent decree.
  
  Abstract: The Halogenated Solvent Cleaning NESHAP limits emissions of
  
  HAP from solvent cleaning machines that use any of the following halogenated solvents: methylene chloride, perchloroethylene, trichloroethylene, 1,1,1, - trichloroethane, carbon tetrachloride, chloroform, or any combination of these solvents in a total concentration greater than 5 percent by weight. Each individual solvent cleaning machine is an affected source. The Halogenated Solvent
  
  Cleaning NESHAP was projected to reduce nationwide emissions of hazardous air pollutants (HAP) from halogenated solvent cleaning machines by 85,300 tons per year, or 63 percent of the 1991 baseline emissions of 140,525 tons/year. On December 3, 1999, the rule was amended by adding compliance options for continuous web cleaning machines. Continuous web cleaning machines are considered a subset of in-line cleaning machines and are defined as: ``a solvent cleaning machine in which parts such as film, coils, wire, and metal strips are cleaned at speeds typically in excess of 11 feet per minute. Parts are generally uncoiled, cleaned such that the same part is simultaneously entering and exiting the solvent application area of the solvent cleaning machine, and then recoiled or cut.`` This action is required by the CAA to assess residual risk and develop standards as necessary to provide an ample margin of safety.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  06/00/06
  
  Final Action
  
  01/00/07
  
  Regulatory Flexibility Analysis Required: Undetermined
  
  Small Entities Affected: Businesses
  
  Government Levels Affected: Federal
  
  Federalism: Undetermined
  
  Additional Information: SAN No. 4668;
  
  Sectors Affected: 335999 All Other Miscellaneous Electrical Equipment and Component Manufacturing; 332999 All Other Miscellaneous Fabricated
  
  Metal Product Manufacturing; 336999 All Other Transportation Equipment
  
  Manufacturing; 337124 Metal Household Furniture Manufacturing; 332116
  
  Metal Stamping; 339 Miscellaneous Manufacturing; 336 Transportation
  
  Equipment Manufacturing
  
  Agency Contact: Lynn Dail, Environmental Protection Agency, Air and
  
  Radiation, C-539-03, Research Triangle Park, NC 27711
  
  Phone: 919 541-2363
  
  Fax: 919 541-1039
  
  Email: dail.lynn@epamail.epa.gov
  
  Elaine Manning, Environmental Protection Agency, Air and Radiation,
  
  Page 23253
  
  C539-03, Research Triangle Park, NC 27711
  
  Phone: 919 541-5499
  
  Fax: 919 541-5689
  
  Email: manning.elaine@epamail.epa.gov
  
  RIN: 2060-AK22
27. PETITION TO DELIST HAZARDOUS AIR POLLUTANT : 4,4'-METHYLENE
  
  DIPHENYL DIISOCYANATE
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 42 USC 7412
  
  CFR Citation: 40 CFR 63
  
  Legal Deadline: None
  
  Abstract: The Clean Air Act requires EPA to regulate 188 compounds that are listed as air toxics, also known as hazardous air pollutants. Air toxics are those pollutants known, or suspected, to cause cancer and other human health problems. The law allows EPA to consider petitions to modify the list, by adding or removing substances. Individuals seeking to remove a substance must demonstrate that there are adequate data to determine that emissions, outdoor concentrations, bioaccumulation, or atmospheric deposition of the substance may not reasonably be anticipated to damage human health or the environment.
  
  The Agency received a petition to remove 4,4'-Methylene Diphenyl
  
  Diisocyanate (MDI) from the American Chemistry Council on December 26, 2002. Once EPA receives a petition, it conducts two reviews: a completeness review, to determine whether there is sufficient information on which to base a decision; and a technical review, to evaluate the merits of the petition. The EPA also requests and considers information from the public. After a comprehensive technical review of both the petition and the information received from the public to determine whether the petition satisfies the requirements of the CAA, the review team is required to make a recommendation to the
  
  Administrator on whether to grant the petition. If the Administrator decides to grant a petition, a proposed rule is published in the
  
  Federal Register which proposes a modification of the HAP list and presents the reasoning for doing so. The proposed rule is open to public comment and public hearing and all additional substantive information received during the public's involvement is evaluated prior to the decision on the issuance of a final rule. However, if the
  
  Administrator decides to deny a petition, a notice setting forth an explanation of the reasons for denial is published instead. A notice of denial constitutes final Agency action of nationwide scope and applicability, and is subject to judicial review as provided in the
  
  CAA.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  Notice of Complete Petition
  
  05/26/05
  
  70 FR 30407
  
  NPRM
  
  10/00/06
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: Undetermined
  
  Additional Information: SAN No. 4782;
  
  Agency Contact: Scott Jenkins, Environmental Protection Agency, Air and
  
  Radiation, C404-01, Research Triangle Park, NC 27711
  
  Phone: 919 541-1167
  
  Email: jenkins.scott@epamail.epa.gov
  
  Dave Guinnup, Environmental Protection Agency, Air and Radiation, C404- 01, Research Triangle Park, NC 27711
  
  Phone: 919 541-5368
  
  Email: guinnup.dave@epamail.epa.gov
  
  RIN: 2060-AK84
28. NESHAP: HAZARDOUS ORGANIC NESHAP (HON) RESIDUAL RISK STANDARDS
  
  Priority: Other Significant
  
  Legal Authority: 42 USC 7412
  
  CFR Citation: 40 CFR 63
  
  Legal Deadline: Final, Statutory, April 22, 2003, -.
  
  Final, Judicial, December 15, 2006, Court ordered deadline for final rule.
  
  Abstract: EPA developed technology-based standards for this source category under section 112(d) of the CAA. The current action, required by section 112(f) of the CAA, is to assess residual risks and develop additional emission standards, as necessary, to provide an ample margin of safety. This rule will cover the major sources of air emissions within the synthetic organic chemical industry.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  06/00/06
  
  Final Action
  
  01/00/07
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: None
  
  Additional Information: SAN No. 4659;
  
  Sectors Affected: 325 Chemical Manufacturing
  
  Agency Contact: Randy McDonald, Environmental Protection Agency, Air and Radiation, C504-04, Research Triangle Park, NC 27711
  
  Phone: 919 541-5402
  
  Fax: 919 541-3470
  
  Email: mcdonald.randy@epamail.epa.gov
  
  KC Hustvedt, Environmental Protection Agency, Air and Radiation, C439- 03, RTP, NC 27711
  
  Phone: 919 541-5395
  
  Fax: 919 541-0246
  
  Email: hustvedt.ken@epamail.epa.gov
  
  RIN: 2060-AK14
29. NATIONAL VOC EMISSION STANDARDS FOR CONSUMER PRODUCTS; AMENDMENTS
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 42 USC 7511b
  
  CFR Citation: 40 CFR 59
  
  Legal Deadline: None
  
  Abstract: Amendments to the consumer products rule are being proposed to clarify and correct the rule. There are no new categories being regulated nor are any limits being lowered. Several definitions are being updated to provide more clarity. The variance process is being streamlined. A correction is being made to the address for Region 3.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  08/00/06
  
  Final Action
  
  10/00/07
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: Businesses
  
  Government Levels Affected: Federal, State, Local, Tribal
  
  Additional Information: SAN No. 4309;
  
  Page 23254
  
  Sectors Affected: 32599 All Other Chemical Product Manufacturing
  
  Agency Contact: Bruce Moore, Environmental Protection Agency, Air and
  
  Radiation, C504-03, Research Triangle Park, NC 27711
  
  Phone: 919 541-5460
  
  Fax: 919 541-0072
  
  Email: moore.bruce@epa.gov
  
  Penny Lassiter, Environmental Protection Agency, Air and Radiation, 1200 Pennsylvania Ave, Research Triangle Park, NC 27709
  
  Phone: 919 541-5396
  
  Email: lassiter.penny@epamail.epa.gov
  
  RIN: 2060-AI62
30. PROTECTION OF STRATOSPHERIC OZONE: LISTING OF SUBSTITUTES FOR
  
  OZONE-DEPLETING SUBSTANCES: N-PROPYL BROMIDE
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 42 USC 7414; 42 USC 7601; 42 USC 7671 to 7671q
  
  CFR Citation: 40 CFR 82
  
  Legal Deadline: None
  
  Abstract: This rule would list whether n-propylbromide (nPB) is an acceptable substitute for class I and class II ozone depleting substances used as solvents for general metals, precision, and electronics cleaning, as well as in aerosol solvent and adhesives end uses. This could provide another alternative to solvents with higher ozone depletion potential that industry is interested in using. The rule also would propose specific conditions on the use of nPB as a solvent. These might include limiting the specific applications in which it may be used to those with low emissions and requiring exposure limits consistent with industry practices. This will ensure that nPB is used in a manner that is safe and environmentally protective. OSHA does not currently regulate nPB. EPA would revise our ruling to adopt whatever OSHA requires if OSHA later regulates the use of nPB. If finalized as proposed, this rule would be consistent with most existing industry practices and would impose little or no burden on industry.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  06/03/03
  
  68 FR 33283
  
  NPRM Correction
  
  10/02/03
  
  68 FR 56809
  
  Supplemental NPRM
  
  07/00/06
  
  Final Action
  
  03/00/07
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: Businesses
  
  Government Levels Affected: None
  
  Additional Information: SAN No. 4599; 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: www.epa.gov\ozone\title6
  
  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
  
  Karen Thundiyil, Environmental Protection Agency, Air and Radiation, 6205J, Washington, DC 20460
  
  Phone: 202 343-9464
  
  Fax: 202 343-2342
  
  Email: thundiyil.karen@epamail.epa.gov
  
  RIN: 2060-AK26
31. FEDERAL IMPLEMENTATION PLAN (FIP) FOR THE BILLINGS/LAUREL, MONTANA
  
  SULFUR DIOXIDE (SO2) AREA
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 42 USC 7401 et seq
  
  CFR Citation: 40 CFR 52
  
  Legal Deadline: None
  
  Abstract: The State of Montana submitted a sulfur dioxide (SO2) State
  
  Implementation Plan (SIP) for the Billings/Laurel, Montana area. On 5/ 2/02 and 5/22/03 we partially and limitedly approved and partially and limitedly disapproved Montana's SO2 SIP for Billings/Laurel. EPA intends to propose a Federal Implementation Plan (FIP) to cover those parts of the State's plan we disapproved. EPA's FIP will assure that the Billings/Laurel area will attain and maintain the SO2 NAAQS.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  06/00/06
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: Businesses
  
  Government Levels Affected: None
  
  Additional Information: SAN No. 4542;
  
  Sectors Affected: 32411 Petroleum Refineries
  
  Agency Contact: Laurie Ostrand, Environmental Protection Agency,
  
  Regional Office Denver, 8P-AR, Denver, CO 80202
  
  Phone: 303 312-6437
  
  Fax: 303 312-6064
  
  Email: ostrand.laurie@epamail.epa.gov
  
  Cynthia Cody, Environmental Protection Agency, Regional Office Denver, 8P-AR, Denver, CO 80202
  
  Phone: 303 312-6228
  
  Fax: 303 312-6064
  
  Email: cody.cynthia@epamail.epa.gov
  
  RIN: 2008-AA00
32. PERFORMANCE SPECIFICATIONS FOR CONTINUOUS PARAMETER MONITORING
  
  SYSTEMS
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 42 USC 7412(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: This action proposes Performance Specification 17 (PS-17),
  
  Quality Assurance (QA) Procedure 4, and amendments to appendix F, QA
  
  Procedure 1. Performance Specification 17 and QA Procedure 4 apply to continuous parameter monitoring systems (CPMS). Many of the rules promulgated under 40 CFR part 63 require owners and operators of affected emission units to install and operate CPMS to monitor various parameters, such as temperature, pressure, flow rate, and pH, associated with the operation and performance of emission control devices. However, few, if any, of those rules specify
  
  Page 23255
  
  complete procedures for ensuring the quality of the data measured by
  
  CPMS. The proposed PS-17 establishes procedures and other requirements that will ensure that those CPMS are properly selected, installed, and placed into operation. The proposed QA Procedure 4 specifies procedures that will ensure that those CPMS provide quality data on an ongoing basis. Both PS-17 and QA Procedure 4 will help to ensure compliance with emission limitations established under 40 CFR part 63. Procedure 1 of appendix F currently addresses QA procedures for continuous emission monitoring systems (CEMS) that measure a single pollutant. The proposed amendments to QA Procedure 1 broadens the procedure to address the unique requirements of CEMS that are used for monitoring multiple pollutants. Because several of the regulations promulgated under 40 CFR part 63 require multiple pollutant CEMS, these amendments are needed to ensure those CEMS are operated in a manner that ensures the quality of the emission data collected. This action is not expected to have any impacts on small entities or State, local, or tribal governments.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  05/00/06
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: None
  
  Additional Information: SAN No. 4584;
  
  Sectors Affected: 31-33 Manufacturing; 21 Mining; 486 Pipeline
  
  Transportation; 562213 Solid Waste Combustors and Incinerators; 562212
  
  Solid Waste Landfill; 22 Utilities
  
  Agency Contact: Barrett Parker, Environmental Protection Agency, Air and Radiation, C330-02, Research Triangle Park, NC 27711
  
  Phone: 919 541-5365
  
  Fax: 919 541-1039
  
  Email: parker.barrett@epa.gov
  
  David Cozzie, Environmental Protection Agency, Air and Radiation, C504- 04, RTP, NC 27711
  
  Phone: 919 541-5356
  
  Fax: 919 541-3207
  
  Email: cozzie.david@epamail.epa.gov
  
  RIN: 2060-AJ86
33. PERFORMANCE-BASED MEASUREMENT SYSTEM FOR FUELS: CRITERIA FOR SELF-
  
  QUALIFYING ALTERNATIVE TEST METHODS; DESCRIPTION OF OPTIONAL STATISTICAL
  
  QUALITY CONTROL MEASURES
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 42 USC 7545
  
  CFR Citation: 40 CFR 80
  
  Legal Deadline: None
  
  Abstract: Transportation fuels (like gasoline and diesel fuel) are regulated by EPA under the Clean Air Act to control the emissions that result when they are burned in engines, and also to protect engines' emission control equipment. Fuels regulations require measurement of various fuels' properties, and prescribe ``designated'' analytical methods for that purpose. This regulation is intended to provide a way for regulated parties to self-qualify alternatives to the designated measurement methods that may be cheaper, quicker, simpler, more amenable to automation, or otherwise preferable. The regulation will also prescribe a minimum level of statistical quality control for all fuels test methods, designated or alternative. The regulations should quicken the adoption of new measurement technologies by removing the need for multiple method-specific rule-makings, but to do so in a way that will not degrade the performance of the overall measurement system. Introduction of statistical quality control for all methods should improve measurement precision and accuracy in actual practice across all methods.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  10/00/06
  
  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
  
  Agency Contact: John Holley, Environmental Protection Agency, Air and
  
  Radiation, 6406J, Washington, DC 20460
  
  Phone: 202 343-9305
  
  Fax: 202 233-9557
  
  Email: holley.john@epamail.epa.gov
  
  Joe Sopata, Environmental Protection Agency, Air and Radiation, 6406J,
  
  Washington, DC 20460
  
  Phone: 202 343-9034
  
  Fax: 202 343-2802
  
  Email: sopata.joe@epamail.epa.gov
  
  RIN: 2060-AK03
34. PREVENTION OF SIGNIFICANT DETERIORATION (PSD) AND NONATTAINMENT
  
  NEW SOURCE REVIEW (NSR): AGGREGATION AND DEBOTTLENECKING
  
  Priority: Other Significant
  
  Legal Authority: 42 USC 7401 et seq
  
  CFR Citation: 40 CFR 51.165; 40 CFR 51.166; 40 CFR 52.21
  
  Legal Deadline: None
  
  Abstract: These rules clarify when multiple activities at a single major stationary source must be considered together for the purposes of determining major new source review (NSR) applicability (aggregation).
  
  We are changing the way emissions from permitted emissions units upstream or downstream from those undergoing a physical change or change in the method of operation are considered when determining if a proposed project will result in a significant emissions increase
  
  (debottlenecking). The regulations for aggregation and debottlenecking are intended to improve implementation of the program by articulating principles for determining major NSR applicability that were previously addressed through guidance only.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  07/00/06
  
  Final Action
  
  05/00/07
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: Federal, State, Local
  
  Additional Information: SAN No. 4793;
  
  Agency Contact: Dave Svendsgaard, Environmental Protection Agency, Air
  
  Page 23256
  
  and Radiation, C339-03, RTP, NC 27711
  
  Phone: 919 541-2380
  
  Fax: 919 541-1039
  
  Email: svendsgaard.dave@epamail.epa.gov
  
  Lisa Sutton, Environmental Protection Agency, Air and Radiation, C339- 03, RTP, NC 27711
  
  Phone: 919 541-3450
  
  Fax: 919 541-1039
  
  Email: sutton.lisa@epamail.epa.gov
  
  RIN: 2060-AL75
35. SECTION 126 RULE: WITHDRAWAL OF FINDINGS FOR SOURCES IN MICHIGAN
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 42 USC 7401 et seq
  
  CFR Citation: 40 CFR 52.34
  
  Legal Deadline: None
  
  Abstract: EPA coordinated the section 126 Rule with another rule known as the NOx State Implementation Plan (SIP) Call, because both rules address ozone transport in the eastern half of the United States. EPA established a mechanism in the section 126 Rule whereby the rule would be withdrawn for sources in a State if the State submitted, and EPA approved, an SIP that complied with the NOx SIP Call. This was a practical way to address the overlap between the two rules and avoid having sources be subject to two sets of potentially different NOx transport control requirements. As the result of court actions, the compliance dates for the section 126 Rule and the NOx SIP Call have been delayed and the NOx SIP Call has been divided into two phases.
  
  Therefore, in a separate action, EPA proposed to revise the section 126
  
  Rule withdrawal provision so that it will continue to operate under these new circumstances. Under that proposal, where a State submits a
  
  NOx SIP that meets only Phase 1 of the NOx SIP Call, EPA would need to make a determination that the SIP controls the total group of section 126 sources to the same stringency as the section 126 Rule would before the section 126 Rule could be withdrawn. In this current action, EPA is proposing that the Michigan Phase I SIP meets the proposed revised section 126 Rule withdrawal criteria, and therefore, if EPA finalizes the withdrawal criteria as proposed, EPA would withdraw the section 126
  
  Rule for sources in Michigan.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  07/00/06
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: Federal, Local
  
  Additional Information: SAN No. 4796;
  
  Agency Contact: Carla Oldham, Environmental Protection Agency, Air and
  
  Radiation, C539-02, RTP, NC 27711
  
  Phone: 919 541-3347
  
  Fax: 919 541-1039
  
  Email: oldham.carla@epamail.epa.gov
  
  Doug Grano, Environmental Protection Agency, Air and Radiation, C539- 02, RTP, NC 20460
  
  Phone: 919 541-3292
  
  Fax: 919 541-0824
  
  Email: grano.doug@epamail.epa.gov
  
  RIN: 2060-AL83
36. CONTROL OF EMISSIONS OF AIR POLLUTION FROM NEW MOTOR VEHICLES: ON-
  
  BOARD DIAGNOSTIC REQUIREMENTS FOR HEAVY-DUTY ENGINES AND VEHICLES ABOVE 14,000 POUNDS & IN-USE, NOT-TO-EXCEED EMISSION STND. TESTING
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 42 USC 7401 to 7671q
  
  CFR Citation: 40 CFR 86
  
  Legal Deadline: None
  
  Abstract: EPA is proposing to establish On-Board Diagnostic (OBD) requirements for Heavy-Duty on-highway and non-road vehicles and engines greater than 14,000 pounds gross vehicle weight. This action will also propose to require manufacturers of these vehicles and engines to make available emissions-related service information to after market service providers. OBD systems are intended to monitor the performance of emission controls on these vehicles and engines to ensure proper functionality and compliance with emissions standards.
  
  This notice also proposes a manufacturer run in use testing program for heavy-duty engines and vehicles to assess compliance with the applicable not to exceed standards beginning in 2007. This portion of the notice has a court-ordered date for May 2004 and final May 2005 as a result of a settlement between EPA, ARB, and Engine Manufacturers.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  05/00/06
  
  Final Action
  
  12/00/06
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: None
  
  Additional Information: SAN No. 4809;
  
  Agency Contact: Todd Sherwood, Environmental Protection Agency, Air and
  
  Radiation, ASD, Washington, DC 48105
  
  Phone: 734 214-4405
  
  Email: sherwood.todd@epamail.epa.gov
  
  Holly Pugliese, Environmental Protection Agency, Air and Radiation, 1200 Pennsylvania Ave NW, Washington, DC 48105
  
  Phone: 734 214-4288
  
  Email: pugliese.holly@epamail.epa.gov
  
  RIN: 2060-AL92
37. PROTECTION OF STRATOSPHERIC OZONE: PROCESS FOR EXEMPTING EMERGENCY
  
  USES OF METHYL BROMIDE
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: PL 105-277, sec 764
  
  CFR Citation: 40 CFR Part 82
  
  Legal Deadline: None
  
  Abstract: Under the Clean Air Act and the Montreal Protocol on substances that deplete the ozone layer, this rule will seek to create an exemption for emergency uses of methyl bromide, an ozone depleting substance, after the phase-out date of 2005. This exemption will be limited to no more than 20 metric tons per emergency event. This is a deregulatory action that will decrease burden on producers, importers, distributors and applicators of methyl bromide as well as end-users of methyl bromide who are growers and owners of stored food products while still achieving the environmental objectives of the program.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  10/00/06
  
  Final Action
  
  02/00/07
  
  Page 23257
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: None
  
  Additional Information: SAN No. 4819;
  
  URL For More Information: www.epa.gov\ozone\mbr
  
  Agency Contact: Hodayah Finman, Environmental Protection Agency, Air and Radiation, 1200 Pennsylvania Ave NW, Washington, DC 20460
  
  Phone: 202 343-9246
  
  Fax: 202 565-2079
  
  Email: finman.hodayah@epamail.epa.gov
  
  Marta Montoro, Environmental Protection Agency, Air and Radiation, 6205
  
  J, Washington, DC 20460
  
  Phone: 202 343-9321
  
  Fax: 202 343-2338
  
  Email: montoro.marta@epamail.epa.gov
  
  RIN: 2060-AL94
38. ALTERNATIVE WORK PRACTICE FOR LEAK DETECTION AND REPAIR
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 42 USC 7411
  
  CFR Citation: 40 CFR Part 60; 40 CFR Part 61; 40 CFR Part 63; 40 CFR
  
  Part 65
  
  Legal Deadline: Other, Judicial, March 31, 2006, Thompson Report date.
  
  Abstract: This rule would amend existing regulations controlling emissions of volatile organic compounds (VOC) and hazardous air pollutants (HAP) under the Clean Air Act. These regulations are codified at 40 CFR Part 60, 61, 63, and 65. These regulations require periodic leak detection and repair (LDAR) of pumps, valves, and connectors. The current work practice requires each pump, valve, and connector to be individually monitored for leaks. Facilities have had
  
  LDAR programs in place for over 20 years and view them as burdensome because they are labor intensive. Newer image based monitoring technology is being developed which will detect leaks at a reduced costs because of the ability to monitor multiple components at one time. This rule would amend the existing regulations to enable the plant operators to use the new technology.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  04/00/06
  
  Final Action
  
  04/00/07
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: None
  
  Additional Information: SAN No. 4830;
  
  Agency Contact: David Markwordt, Environmental Protection Agency, Air and Radiation, C439-03, RTP, NC 27711
  
  Phone: 919 541-0837
  
  Fax: 919 541-0246
  
  Email: markwordt.david@epamail.epa.gov
  
  KC Hustvedt, Environmental Protection Agency, Air and Radiation, C439- 03, RTP, NC 27711
  
  Phone: 919 541-5395
  
  Fax: 919 541-0246
  
  Email: hustvedt.ken@epamail.epa.gov
  
  RIN: 2060-AL98
39. NESHAP: AREA SOURCE STANDARDS--PAINT STRIPPING
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 42 USC 7412
  
  CFR Citation: 40 CFR 63
  
  Legal Deadline: NPRM, Statutory, December 15, 2005.
  
  Final, Statutory, December 15, 2006.
  
  Abstract: This regulation is being pursued under the Clean Air Act,
  
  Section 112(k). Under section 112(k), EPA developed a national strategy to address air-toxic pollution from ``area'' sources, which are sources consisting of several smaller pollution sources grouped within urban areas. As part of that strategy, several area-source categories were listed for possible regulation. Paint stripping area sources was listed as one of those categories, and this rulemaking will address measures to control pollution from the paint-stripping category.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  01/00/07
  
  Final Rule
  
  01/00/08
  
  Regulatory Flexibility Analysis Required: Undetermined
  
  Government Levels Affected: Undetermined
  
  Additional Information: SAN No. 4861;
  
  Agency Contact: Bob Rosensteel, Environmental Protection Agency, Air and Radiation, C504-04, Research Triangle Park, NC 27711
  
  Phone: 919 541-5608
  
  Fax: 919 541-3470
  
  Email: rosensteel.bob@epa.gov
  
  Robin Dunkins, Environmental Protection Agency, Air and Radiation,
  
  C504-04, Research Triangle Park, NC 27711
  
  Phone: 919 541-5335
  
  Fax: 919 541-3470
  
  Email: dunkins.robin@epamail.epa.gov
  
  RIN: 2060-AM07
40. NESHAP: MUNICIPAL SOLID WASTE LANDFILLS--AMENDMENTS
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: Not Yet Determined
  
  CFR Citation: 40 CFR 63.1960; 40 CFR 63.1975; 40 CFR 63.1980
  
  Legal Deadline: None
  
  Abstract: This action will address issues concerning the National
  
  Emission Standards for Hazardous Air Pollutants: Municipal Solid Waste
  
  Landfills, that was published on January 16, 2003. We will revise the startup, shutdown, and malfunction provisions promulgated in the rule in response to requests for more flexibility. We will clarify that the moisture balance calculations should be calculated on a wet weight basis as a response to requests about the intent of the promulgated rule. We will correct errors in the compliance dates for the rule.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  09/00/06
  
  Final Action
  
  01/00/07
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: Local, Tribal
  
  Energy Effects: Statement of Energy Effects planned as required by
  
  Executive Order 13211.
  
  Additional Information: SAN No. 4846;
  
  Agency Contact: Martha Smith, Environmental Protection Agency, Air and
  
  Radiation, C439-03, RTP, NC 27711
  
  Page 23258
  
  Phone: 919 541-2421
  
  Email: smith.martha@epamail.epa.gov
  
  Kent Hustvedt, Environmental Protection Agency, Air and Radiation,
  
  C439-03, RTP , NC 27709
  
  Phone: 919 541-5395
  
  Email: hustvedt.ken@epamail.epa.gov
  
  RIN: 2060-AM08
41. PROTECTION OF STRATOSPHERIC OZONE: AMENDMENTS TO THE SECTION 608
  
  LEAK REPAIR REGULATIONS
  
  Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined.
  
  Legal Authority: 42 USC 7401 to 7671q
  
  CFR Citation: 40 CFR 82, subpart F
  
  Legal Deadline: None
  
  Abstract: This rulemaking will propose changes and amendments to the refrigerant leak repair regulations (40 CFR 82, subpart F) promulgated under section 608 of the Clean Air Act. The goal of the regulations is to protect the stratospheric ozone layer by promulgating regulations that reduce the use and emissions of ozone-depleting refrigerants to the lowest achievable level. This proposal will clarify the leak repair regulations by requiring that owners and operators of comfort cooling, commercial refrigeration, and industrial process refrigeration appliances that have ozone-depleting charges greater than 50 pounds calculate leak rates, verify all repairs, and document repair efforts.
  
  This rulemaking will provide further clarity by adding definitions and discussing compliance scenarios.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  10/00/06
  
  Final Action
  
  05/00/07
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: Federal
  
  Additional Information: SAN No. 4856;
  
  URL For More Information: www.epa.gov\ozone\title6\608
  
  Agency Contact: Julius Banks, Environmental Protection Agency, Air and
  
  Radiation, 6205J, Washington, DC 20460
  
  Phone: 202 343-9870
  
  Fax: 202 343-2338
  
  Email: banks.julius@epamail.epa.gov
  
  Nancy Smagin, Environmental Protection Agency, Air and Radiation, 6205-
  
  J, Washington, DC 20460
  
  Phone: 202 343-9126
  
  Fax: 202 343-2337
  
  Email: smagin.nancy@epamail.epa.gov
  
  RIN: 2060-AM09
42. NESHAP: AREA SOURCE STANDARDS--ETHYLENE OXIDE HOSPITAL
  
  STERILIZATION
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 42 USC 7412
  
  CFR Citation: 40 CFR 63
  
  Legal Deadline: Final, Statutory, November 30, 2000.
  
  NPRM, Judicial, October 31, 2006, Consent decree.
  
  Final, Judicial, December 20, 2007, Consent decree.
  
  Abstract: The Clean Air Act requires the EPA to list source categories that contribute to the emissions of 30 listed (or area source) HAPs, and that are, or will be, subject to standards under section 112 of the
  
  Act. Sterilization processes use ethylene oxide which is one of the 30 listed HAPs. Hospital sterilization is a major source of ethylene oxide relative to other area source categories considered for listing.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  11/00/06
  
  Final Action
  
  01/00/08
  
  Regulatory Flexibility Analysis Required: Undetermined
  
  Small Entities Affected: Businesses
  
  Government Levels Affected: Federal, Tribal
  
  Additional Information: SAN No. 4859;
  
  Agency Contact: David Markwordt, Environmental Protection Agency, Air and Radiation, C439-03, RTP, NC 27711
  
  Phone: 919 541-0837
  
  Fax: 919 541-0246
  
  Email: markwordt.david@epamail.epa.gov
  
  KC Hustvedt, Environmental Protection Agency, Air and Radiation, C439- 03, RTP, NC 27711
  
  Phone: 919 541-5395
  
  Fax: 919 541-0246
  
  Email: hustvedt.ken@epamail.epa.gov
  
  RIN: 2060-AM14
43. NESHAP: TOTAL FACILITY LOW RISK DETERMINATION (TFLRD) FOR RESIDUAL
  
  RISK
  
  Priority: Other Significant
  
  Legal Authority: 42 USC 7412
  
  CFR Citation: 40 CFR 63
  
  Legal Deadline: None
  
  Abstract: Section 112(f) of the Clean Air Act requires that we assess residual risk remaining after MACT and develop additional emission standards, as necessary, to provide an ample margin of safety and protect against adverse environmental effects. Many facilities have numerous MACT standards that they are subject to. This action would propose an alternative emissions standard whereby a facility able to make a facility-wide low-risk determination could meet this alternative standard instead of other applicable residual risk standards.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  08/00/06
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: Undetermined
  
  Additional Information: SAN No. 4848;
  
  Agency Contact: Scott Jenkins, Environmental Protection Agency, Air and
  
  Radiation, C404-01, Research Triangle Park, NC 27711
  
  Phone: 919 541-1167
  
  Email: jenkins.scott@epamail.epa.gov
  
  David Guinnup, Environmental Protection Agency, Air and Radiation,
  
  C404-01, Research Triangle Park, NC 27711
  
  Phone: 919 541-5368
  
  Email: guinnup.david@epa.gov
  
  RIN: 2060-AM22
44. REQUIREMENTS FOR TRANSMIX PROCESSING AND BLENDING UNDER THE
  
  REFORMULATED GASOLINE AND GASOLINE SULFUR RULES
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 42 USC 7545 (c) & (k)
  
  CFR Citation: 40 CFR 80
  
  Page 23259
  
  Legal Deadline: None
  
  Abstract: This rule codifies existing guidance for transmix processors and blenders in the Reformulated Gasoline regulations. Transmix is a mixture of gasoline and distillate produced by pipelines -- transmix processors distill the transmix into separate gasoline and distillate products, and transmix blenders blend small amounts of transmix into gasoline. The rule also establishes gasoline sulfur standards for transmix processors and blenders that are consistent with the sulfur standards for other entities downstream of refineries, such as pipelines and terminals, in the gasoline distribution system. The rule will provide operational flexibility for transmix processors and blenders without causing any adverse environmental impacts.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  05/00/06
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: None
  
  Additional Information: SAN No. 4853;
  
  Agency Contact: Chris McKenna, Environmental Protection Agency, Air and
  
  Radiation, 1200 Pennsylvania Ave, Washington, DC 20460
  
  Phone: 202 343-9037
  
  Fax: 240 363-8260
  
  Email: mckenna.chris@epamail.epa.gov
  
  RIN: 2060-AM27
45. NESHAP: SITE REMEDIATION: AMENDMENTS
  
  Priority: Other Significant
  
  Legal Authority: 42 USC 7412
  
  CFR Citation: 40 CFR 63
  
  Legal Deadline: None
  
  Abstract: The Site Remediation regulation was promulgated on October 8, 2003. This action will revise language in the final rule to correct errors or language that doesn't reflect our intent. Specifically, we will revise language specifying where the concentration for remediation material management units (RMMU) is measured (i.e., from point of extraction to point of treatment -- as proposed in the original rule).
  
  We will also clarify that facilities with active remediations can use the 1 Mg HAP exemption if they qualify rather than limit it to new remediations. We will also clarify that facilities meeting equipment leak standards for part 61 or other part 63 standards are exempt from those similar provisions in 63 subpart GGGGG. Grammatical errors and incorrect section references will be corrected as well.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  04/00/06
  
  Final Action
  
  11/00/06
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: None
  
  Additional Information: SAN No. 4866;
  
  Agency Contact: Greg Nizich, Environmental Protection Agency, Air and
  
  Radiation, C439-03, Research Triangle Park, NC 27709
  
  Phone: 919 541-3078
  
  Email: nizich.greg@epamail.epa.gov
  
  Kent Hustvedt, Environmental Protection Agency, Air and Radiation,
  
  C439-03, RTP , NC 27709
  
  Phone: 919 541-5395
  
  Email: hustvedt.ken@epamail.epa.gov
  
  RIN: 2060-AM30
46. PREVENTION OF SIGNIFICANT DETERIORATION FOR NITROGEN OXIDES
  
  Priority: Other Significant
  
  Legal Authority: Not Yet Determined
  
  CFR Citation: 40 CFR 51; 40 CFR 52
  
  Legal Deadline: NPRM, Judicial, February 14, 2005, Proposal signed 02/ 14/2005: Published: 70 FR 8880, 02/23/2005. 60-day comment period, ending 04/25/2005.
  
  Final, Judicial, September 30, 2005, Signature.
  
  Abstract: Section 166 of the Clean Air Act authorizes the Environmental
  
  Protection Agency to establish regulations to prevent significant deterioration of air quality due to emissions of nitrogen oxides. On
  
  October 17, 1988, EPA promulgated regulations which included maximum allowable increases in ambient nitrogen dioxide concentrations (NO2 increments) allowed in an area above the baseline concentration.
  
  Following promulgation, the Environmental Defense (formerly the
  
  Environmental Defense Fund) filed a petition asking the Court to order
  
  EPA to remand the regulations and to impose an immediate deadline of 2 years for promulgating new regulations. In 1990, the Court did not impose a deadline but remanded the case for EPA to develop an interpretation of section 166 that considered the statutory provisions contained in subsections (c) and (d), and if necessary to take new evidence and modify the regulations. In July 2003, Earthjustice, on behalf of Environment Defense, asked the Court to put EPA on an enforceable schedule to issue new regulations under the original court remand. Consequently, EPA agreed to a 2-year schedule for promulgating such regulations by September 30, 2005. At a minimum, the regulations will provide EPA's interpretation of the statutory requirements for developing adequate increments to prevent significant deterioration for nitrogen oxides. Based on our interpretation, we will consider the need for revising the existing increments for nitrogen dioxide, including both an annual and short-term averaging period, and the regulation of other nitrogen oxide compounds other than nitrogen dioxide. The supplemental notice of proposed rulemaking provides further explanation and additional technical support for an option proposed under the NO2
  
  Increment Rulemaking (issued at 70 FR 59582 on October 12, 2005). This option would explain EPA's position and propose that any State subject to CAIR and opting into the EPA-administered regional cap and trade program under CAIR will satisfy the requirements under section 166 of the Act for prevention of significant deterioration (PSD) of air quality for NOx; thereby, enabling that State to request EPA approval to exempt sources from the NO2 increment analysis under the PSD regulations.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  02/23/05
  
  70 FR 8880
  
  Final Action
  
  10/12/05
  
  70 FR 59582
  
  Supplemental NPRM
  
  11/00/06
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: Federal, Local, State, Tribal
  
  Page 23260
  
  Additional Information: SAN No. 4881; EPA publication information:
  
  Final Action - http://www.epa.gov/fedrgstr/EPA-AIR/2005/October/Day-12/ a20110.htm; ; EPA Docket information: http://www.epa.gov/edocket OAR- 2004-0013
  
  Agency Contact: Dan Deroeck, Environmental Protection Agency, Air and
  
  Radiation, C339-03, RTP, DC 27711
  
  Phone: 919 541-5593
  
  Email: deroeck.dan@epamail.epa.gov
  
  Jessica Montanez, Environmental Protection Agency, Air and Radiation,
  
  C339-03, RTP, NC 27711
  
  Phone: 919 541-3407
  
  Fax: 919 541-5509
  
  Email: sutton.lisa@epamail.epa.gov
  
  RIN: 2060-AM33
47. CONTROL OF EMISSIONS FROM SPARK-IGNITION ENGINES AND FUEL SYSTEMS
  
  FROM MARINE VESSELS AND SMALL EQUIPMENT
  
  Priority: Economically Significant. Major under 5 USC 801.
  
  Legal Authority: 42 USC 7521 to 7601(a)
  
  CFR Citation: 40 CFR 90
  
  Legal Deadline: NPRM, Statutory, December 1, 2004.
  
  Final, Statutory, December 31, 2005.
  
  Abstract: In this action, we are proposing exhaust emission standards for spark-ignition marine engines and small land-based engines (PROTECTION OF STRATOSPHERIC OZONE: 2007
  
  CRITICAL USE EXEMPTIONS
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: sec 604 of the CAA
  
  CFR Citation: Not Yet Determined
  
  Legal Deadline: None
  
  Abstract: This rulemaking will include the solicitation of comments on uses of methyl bromide which the Agency believes meet the criteria for the critical use exemption for the year 2007, and will allocate such exemptions.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  04/00/06
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: None
  
  Additional Information: SAN No. 5051, FDMS Docket Number EPA-HQ-OAR- 2005-0538
  
  URL For More Information: www.epa.gov/ozone/mbr
  
  Agency Contact: Hodayah Finman, Environmental Protection Agency, Air and Radiation, 1200 Pennsylvania Ave NW, Washington, DC 20460
  
  Phone: 202 343-9246
  
  Fax: 202 565-2079
  
  Email: finman.hodayah@epamail.epa.gov
  
  Marta Montoro, Environmental Protection Agency, Air and Radiation, 6205
  
  J, Washington, DC 20460
  
  Phone: 202 343-9321
  
  Fax: 202 343-2338
  
  Email: montoro.marta@epamail.epa.gov
  
  RIN: 2060-AN54
48. PROTECTION OF STRATOSPHERIC OZONE: BAN ON THE
  
  IMPORT OF PRE-CHARGED PRODUCTS
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 42 USC 7414, 7601, 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 HCFC pre-charged products after the phaseout of production and importation of bulk substances. Similar concerns resulted in the banning the imports of CFC pre-charged refrigeration products after the 1996 phaseout of production and import of bulk substances. Therefore, EPA intends to propose regulations banning the imports of HCFC pre-charged products under the provisions within title VI of CAAA.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  01/00/07
  
  Final Action
  
  01/00/08
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: None
  
  Additional Information: SAN No. 5052;
  
  URL For More Information: www.epa.gov\ozone\title6
  
  Agency Contact: Cindy Newberg, Environmental Protection Agency, Air and
  
  Radiation, 6205J, Washington, DC 20460
  
  Phone: 202 343-9729
  
  Email: newberg.cindy@epamail.epa.gov
  
  RIN: 2060-AN58
49. TRANSITION TO NEW OR REVISED PARTICULATE MATTER
  
  (PM) NAAQS)
  
  Priority: Other Significant
  
  Legal Authority: 42 USC 7410; 42 USC 7501 et seq
  
  CFR Citation: 40 CFR 51
  
  Legal Deadline: Other, Statutory, January 31, 2006, The 12/20/05 PM
  
  NAAQS says we will issue this ANPR by the end of January 2006.
  
  Abstract: In 1997, EPA promulgated revised National Ambient Air Quality
  
  Standards (NAAQS) for fine particulate matter (PM-2.5). EPA proposed revisions to the National Ambient Air Quality Standards for particle pollution (NAAQS) on December 20, 2005. The purpose of the ANPR is to assure stakeholders that EPA is aware of and is considering the multiple issues associated with implementing any revised PM fine standards, and possible new PM coarse standards that may result from the December proposal. This ANPR should also provide an opportunity for the public to provide input on the best way to implement these actions.
  
  The ANPR will be followed with a proposal possibly by September 2006.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  ANPRM
  
  02/09/06
  
  71 FR 6718
  
  NPRM
  
  02/00/07
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Page 23272
  
  Government Levels Affected: Federal, Local, State, Tribal
  
  Additional Information: SAN No. 4752.1; EPA publication information:
  
  ANPRM - http://www.epa.gov/fedrgstr/EPA-AIR/2006/February/Day-09/ a1798.htm; Split from RIN 2060-AK74.
  
  Agency Contact: Barbara Driscoll, Environmental Protection Agency, Air and Radiation, C504-02, Research Triangle Park, NC 27711
  
  Phone: 919 541-3310
  
  Fax: 919 541-1051
  
  Email: driscoll.barbara@epa.gov
  
  Joe Paisie, Environmental Protection Agency, Air and Radiation, C504- 02, Research Triangle Park, NC 27711
  
  Phone: 919 541-5556
  
  Email: paisie.joe@epa.gov
  
  RIN: 2060-AN59
50. PM2.5 DE MINIMIS EMISSION LEVELS FOR GENERAL
  
  CONFORMITY APPLICABILITY
  
  Priority: Other Significant
  
  Legal Authority: Clean Air Act
  
  CFR Citation: Not Yet Determined
  
  Legal Deadline: None
  
  Abstract: General Conformity (GC) requirements become effective for
  
  Federal actions in PM2.5 nonattainment areas with start actions dates after April 5, 2006. In the GC Regulations EPA set de minimis emission levels for criteria pollutants where Federal actions with emissions below the de minimis levels are presumed to conform to State
  
  Implementation Plans (or applicable emission budgets). Actions that are presumed to conform do not have to make conformity determinations. EPA anticipated publishing de minimis levels for the new PM2.5 standard in its revisions to the GC rule or in the PM2.5 Implementation Rule
  
  (whichever would be published earlier). These rules have not been promulgated yet and do not appear they will be finalized before GC requirements become effective in PM2.5 designated nonattainment areas in April 2006. At that time, Federal agencies will be in a position of having to perform applicability analysis without the benefit of published de minimis thresholds. This means all actions (unless currently listed as exempt) taken by a Federal agency in a PM2.5 nonattainment area will need to do a conformity determination
  
  (including mitigation and offsets if needed) before they can start the action -- even those with zero or very low levels of emissions. To address this issue, we would like to propose and finalize a separate rulemaking on a faster track to set PM2.5 de minimis levels by April 2006. The substance of this separate rulemaking has already undergone workgroup consideration and will undergo final agency review (FAR) as part of the proposal for General Conformity rule revisions. This separate rule would essentially pull the language from the GC revision that will be proposed soon.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  05/00/06
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: Federal, State, Tribal
  
  Additional Information: SAN No. 5042;
  
  Agency Contact: Tom Coda, Environmental Protection Agency, Air and
  
  Radiation, C539-02, Research Triangle Park, NC 27711
  
  Phone: 919 541-3037
  
  Fax: 919 541-0824
  
  Email: coda.tom@epa.gov
  
  RIN: 2060-AN60
51. NESHAP FOR MISCELLANEOUS COATING MANUFACTURING;
  
  PROPOSED AMENDMENTS
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 42 USC 7401
  
  CFR Citation: 40 CFR 63 (Revision)
  
  Legal Deadline: None
  
  Abstract: The existing rule for this source category was published on
  
  December 11, 2003. These proposed amendments would further clarify applicability for coating manufacturing vs chemical manufacturing. The amendments would also propose extending the compliance date for certain coating manufacturing equipment.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  05/00/06
  
  Final Action
  
  11/00/06
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: None
  
  Additional Information: SAN No. 4890.1; Split from RIN 2060-AM72.
  
  Agency Contact: Randy McDonald, Environmental Protection Agency, Air and Radiation, C504-04, Research Triangle Park, NC 27711
  
  Phone: 919 541-5402
  
  Fax: 919 541-3470
  
  Email: mcdonald.randy@epamail.epa.gov
  
  Robin Dunkins, Environmental Protection Agency, Air and Radiation,
  
  C504-04, Research Triangle Park, NC 27711
  
  Phone: 919 541-5335
  
  Fax: 919 541-3470
  
  Email: dunkins.robin@epamail.epa.gov
  
  RIN: 2060-AN61
52. NESHAP: AREA SOURCE STANDARDS--RECIPROCATING
  
  INTERNAL COMBUSTION ENGINES
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 42 USC 7401
  
  CFR Citation: 40 CFR 63
  
  Legal Deadline: NPRM, Judicial, October 31, 2006, consent decree.
  
  Final, Judicial, December 20, 2007, consent decree.
  
  Abstract: We are under a consent decree to propose area-source emission standards for hazardous air pollutants (HAP) from stationary reciprocating internal combustion engines. This action will propose standards for stationary engines smaller than 500 horsepower located at major sources of HAP. In addition we intend to propose standards for stationary engines of all sizes located at area sources of HAP.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  12/00/06
  
  Final Action
  
  12/00/07
  
  Regulatory Flexibility Analysis Required: Undetermined
  
  Government Levels Affected: None
  
  Additional Information: SAN No. 5014;
  
  Agency Contact: Jaime Pagan, Environmental Protection Agency, Air and
  
  Radiation, C439-01, Research Triangle Park, NC 27711
  
  Page 23273
  
  Phone: 919 541-5340
  
  Email: pagan.jaime@epamail.epa.gov
  
  Robert J Wayland, Environmental Protection Agency, Air and Radiation,
  
  C439-01, RTP, NC 27711
  
  Phone: 919 541-1045
  
  Fax: 919 541-5450
  
  Email: wayland.robertj@epamail.epa.gov
  
  RIN: 2060-AN62
53. REVISIONS TO THE DEFINITION OF POTENTIAL TO
  
  EMIT (PTE)
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 42 USC 7401, 7412, 7414, 7416, and 7601
  
  CFR Citation: 40 CFR 51, 52, 63, 70, 71
  
  Legal Deadline: None
  
  Abstract: EPA proposes to clarify the definition of 'potential to emit'
  
  (PTE) for several CAA programs that implement requirements for major sources. To that end, EPA proposes to revise the PTE definition, for several CAA programs to explain the types of limits that are effective in restricting a source's PTE regulated pollutants. EPA's requirement that PTE limits must be federally enforceable to be considered effective in restricting PTE is at issue as a result of three court decisions. EPA's proposal will address this requirement.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  07/00/06
  
  Final Action
  
  05/00/07
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: Federal, State, Tribal
  
  Additional Information: SAN No. 5025;
  
  Agency Contact: Grecia Castro, Environmental Protection Agency, Air and
  
  Radiation, C304-04, RTP, NC 27711
  
  Phone: 919 541-1351
  
  Fax: 919 541-5509
  
  Email: castro.grecia@epamail.epa.gov
  
  Michael Ling, Environmental Protection Agency, Air and Radiation, C304- 03, RTP, NC 27711
  
  Phone: 919 541-4729
  
  Fax: 919 541-0804
  
  Email: ling.michael@epamail.epa.gov
  
  RIN: 2060-AN65
54. CONTROL OF AIR POLLUTION FROM NEW MOTOR
  
  VEHICLES AND NEW MOTOR VEHICLE ENGINES: SAFETEA-LU HOV FACILITIES RULE
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 23 USC 1121
  
  CFR Citation: 40 CFR 86
  
  Legal Deadline: Final, Statutory, February 6, 2006, Language from
  
  Congress requires a final regulatory action by February 6, 2006.
  
  Abstract: It is the sense of Congress to encourage the purchase and use of hybrid and other fuel efficient vehicles, which have been proven to minimize air emissions and decrease consumption of fossil fuels. This regulation establishes the criteria for certifying a vehicle as low emitting and energy-efficient. State HOV programs will reference this regulation in their request to Federal Highway Administration for exceptions to the 2-person minimum occupancy HOV requirement. These regulations are optional for states to implement and will sunset in 2009.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  06/00/06
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: State
  
  Additional Information: SAN No. 5029;
  
  Agency Contact: Julia Rege, Environmental Protection Agency, Air and
  
  Radiation, 1200 Pennsylvania Ave, Washington, DC 48105
  
  Phone: 734 214-4614
  
  Email: rege.julia@epamail.epa.gov
  
  Tandi Bagian, Environmental Protection Agency, Air and Radiation, 1200
  
  Pennsylvania Ave, NW, Washington, DC 48105
  
  Phone: 734 214-4901
  
  Email: bagian.tandi@epamail.epa.gov
  
  RIN: 2060-AN68
55. NATIONAL VOLATILE ORGANIC COMPOUND EMISSION
  
  STANDARDS FOR AEROSOL COATINGS
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 42 USC 7511b
  
  CFR Citation: 40 CFR 59 subpart E
  
  Legal Deadline: None
  
  Abstract: Under section 183(e) of the Clean Air Act, the EPA is required to list and schedule for regulation those categories of consumer or commercial products that account for at least 80 percent of volatile organic compound (VOC) emissions, on a reactivity adjusted basis, in areas that violate the National Ambient Air Quality Standard for ozone. This rule is intended to meet that requirement for the aerosol spray paint category listed on March 23, 1995. This national regulation will establish a uniform reactivity-based standard for aerosol spray paints modeled after the California Air Resource Board
  
  (CARB) Regulation for Reducing the Ozone Formed from Aerosol Coating
  
  Product Emissions. EPA granted final approval of the revisions to the
  
  California State Implementation Plan containing this regulation on
  
  September 13, 2005. Although mass-based VOC reductions have been made in the aerosol coating category, this reactivity-based approach will achieve additional reductions in ozone formation where further mass- based reductions have proven to be technologically infeasible. This national rule is projected to better control a product's contribution to ozone formation by encouraging reductions of higher reactivity VOCs, rather than treating all VOCs in a product alike through a mass-based approach.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  10/00/06
  
  Final Action
  
  10/00/07
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: None
  
  Additional Information: SAN No. 5030;
  
  Agency Contact: Bruce Moore, Environmental Protection Agency, Air and
  
  Radiation, C504-03, Research Triangle Park, NC 27711
  
  Phone: 919 541-5460
  
  Fax: 919 541-0072
  
  Page 23274
  
  Email: moore.bruce@epa.gov
  
  Robin Dunkins, Environmental Protection Agency, Air and Radiation,
  
  C504-04, Research Triangle Park, NC 27711
  
  Phone: 919 541-5335
  
  Fax: 919 541-3470
  
  Email: dunkins.robin@epamail.epa.gov
  
  RIN: 2060-AN69
56. NEW SOURCE PERFORMANCE STANDARDS (NSPS):
  
  EQUIPMENT LEAKS--SUBPARTS VV & GGG
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 42 USC 7401 et seq
  
  CFR Citation: 40 CFR 60
  
  Legal Deadline: NPRM, Statutory, October 31, 2006.
  
  Final, Statutory, October 31, 2007.
  
  Abstract: Section 111(b)(1)(B) of the Clean Air Act requires EPA to review new source performance standards at least every 8 years. Under this project, we will review and, if appropriate, revise the new source performance standards for equipment leaks (subparts VV and GGG in part 60). Equipment leaks are defined as leaks from valves, pumps, compressors, sampling connections, open-ended lines, and pressure relief valves at SOCMI sources (subpart VV) and oil refineries (subpart
  
  GGG). We will determine if actual emission reductions currently being achieved due to other programs are greater than the requirements in the current NSPS standards, and whether the current NSPS standards should be revised.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  10/00/06
  
  Final Action
  
  10/00/07
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: Businesses
  
  Government Levels Affected: None
  
  Additional Information: SAN No. 5035;
  
  Agency Contact: Karen Rackley, Environmental Protection Agency, Air and
  
  Radiation, C439-02, RTP, NC 27711
  
  Phone: 919 541-0634
  
  Fax: 919 541-3207
  
  Email: rackley.karen@epa.gov
  
  Ken Hustvedt, Environmental Protection Agency, Air and Radiation, C439- 03, RTP, NC 27709
  
  Phone: 919 541-5395
  
  Fax: 919 685-3200
  
  Email: hustvedt.ken@epamail.epa.gov
  
  RIN: 2060-AN71
57. DEFECT REPORTING FOR ON-HIGHWAY MOTOR VEHICLES
  
  AND ENGINES
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 42 USC 7401 et seq
  
  CFR Citation: Not Yet Determined
  
  Legal Deadline: None
  
  Abstract: EPA regulations require manufacturers to report defects of emissions-related equipment or emissions control systems of on-highway motor vehicles and heavy-duty engines. Under the current regulations a defect report is required when a manufacturer determines that the same defect has occurred in 25 or more vehicles or engines. This is an unreasonably small threshold for large engine families/test groups.
  
  This action would create new thresholds that would depend upon the size of the engine family/test group. It would also obligate manufacturers to conduct investigations under certain circumstances to determine if an emission-related defect is present. The investigations would be triggered by warranty information, parts shipments, and any other information which may be available to indicate need for an investigation.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  01/00/07
  
  Final Action
  
  01/00/08
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: None
  
  Additional Information: SAN No. 5043;
  
  Agency Contact: Christine Mikolajczyk, Environmental Protection Agency,
  
  Air and Radiation, 1200 Pennsylvania Ave, Washington, DC 48105
  
  Phone: 734 214-4403
  
  Email: mikolajczyk.christine@epamail.epa.gov
  
  Lynn Sohacki, Environmental Protection Agency, Air and Radiation, 1200
  
  Pennsylvania Ave NW, Washington, DC 48105
  
  Phone: 734 214-4851
  
  Email: sohacki.lynn@epamail.epa.gov
  
  RIN: 2060-AN73
58. INTERPRETIVE RULEMAKING TO CLARIFY THE SCOPE OF
  
  CERTAIN MONITORING REQUIREMENTS FOR FEDERAL AND STATE OPERATING PERMITS
  
  PROGRAMS
  
  Priority: Other Significant
  
  Legal Authority: Clean Air Act title V
  
  CFR Citation: Not Yet Determined
  
  Legal Deadline: None
  
  Abstract: The purpose of this action is to request comments on a proposed interpretation of certain existing regulatory language relative to the need to address the sufficiency of existing monitoring requirements included in State and Federal operating permits programs developed under title V of the Clean Air Act (Act). Specifically, our proposed interpretation is that sections 70.6(c)(1) and 71.6(c)(1) of 40 CFR parts 70 and 71 (previously referred to as the Umbrella
  
  Monitoring Rule) do not provide a basis for assessing the adequacy of or adding monitoring requirements to operating permits, independent of such monitoring required under existing Federal air pollution control rules and State implementation plan (SIP) rules (i.e., monitoring required under applicable requirements), including monitoring required under the part 64 (the compliance assurance monitoring or CAM, rule) where it applies, and such monitoring as may be required to fill gaps under the separate periodic monitoring requirements of the operating permits rules. We also formally withdraw a September 17, 2002, proposal to revise these paragraphs in parts 70 and 71.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  08/00/06
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: Federal, State
  
  Additional Information: SAN No. 5044;
  
  Agency Contact: Peter Westlin, Environmental Protection Agency, Air
  
  Page 23275
  
  and Radiation, C339-02, Research Triangle Park, NC 27711
  
  Phone: 919 541-1058
  
  Fax: 919 541-1039
  
  Email: westlin.peter@epa.gov
  
  Barrett Parker, Environmental Protection Agency, Air and Radiation,
  
  C330-02, Research Triangle Park, NC 27711
  
  Phone: 919 541-5365
  
  Fax: 919 541-1039
  
  Email: parker.barrett@epa.gov
  
  RIN: 2060-AN74
59. REVISION TO DEFINITION OF VOLATILE ORGANIC
  
  COMPOUNDS--EXCLUSION OF COMPOUNDS
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: CAA
  
  CFR Citation: 40 CFR 51.100
  
  Legal Deadline: None
  
  Abstract: The EPA is proposing to add four compounds (benzotrifluoride, dimethyl succinate, propylene carbonate, and dimethyl carbonate) to the list of negligibly reactive compounds in EPA's definition of VOC.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  04/00/06
  
  Final Action
  
  12/00/06
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: Federal, State
  
  Additional Information: SAN No. 5045;
  
  Agency Contact: William Johnson, Environmental Protection Agency, Air and Radiation, C539-02, Research Triangle Park, DC 27711
  
  Phone: 919 541-5245
  
  Fax: 919 541-0824
  
  Email: johnson.williaml@epa.gov
  
  Terry Keating, Environmental Protection Agency, Air and Radiation, 6103A, Washington, DC 20460
  
  Phone: 202 564-1174
  
  Email: keating.terry@epa.gov
  
  RIN: 2060-AN75
60. RENEWABLE FUELS STANDARD RULE
  
  Priority: Economically Significant. Major under 5 USC 801.
  
  Legal Authority: PL 109-58
  
  CFR Citation: 40 CFR 80.1101
  
  Legal Deadline: Final, Statutory, August 6, 2006, The Energy Policy Act of 2005 requires that EPA promulgate RFS regulations by 08/06/2006.
  
  Abstract: The Energy Policy Act of 2005 (the ``Act''), signed into law on August 8, 2005, requires EPA to promulgate regulations implementing the Renewable Fuels Standard (RFS) within one year of enactment. The
  
  RFS requires specific volumes of renewable fuel to be in gasoline sold in the U.S. starting with 4.0 billion gal/yr in 2006 up to 7.5 billion gal/yr in 2012. The Act provides that if EPA fails to promulgate regulations within one year, then a default value of 2.78% renewable fuel in gasoline will be in effect for 2006. We recently promulgated a rule ( ``Renewable Fuel Standards Requirements for 2006'', 70 FR 77325, 12/30/05) to implement the default standard. The Agency must complete its obligation under the Act by promulgating a rule that implements the
  
  RFS for years 2007 and beyond. Such rule must establish how the renewable fuel standard is defined and calculated, what parties are liable, and how compliance with the standard is to be determined. In addition, the rule must establish a system by which renewable fuel credits can be generated, and traded/sold between parties. This statutory provision is subject to multiple interpretations of key terms. The ``Renewable Fuel Standard Requirements for 2006'' that we promulgated on 12/30/05 interprets the default provision so that it can be implemented with certainty in the event EPA fails to promulgate the
  
  RFS within one year of enactment. It provides for refiners, importers and blenders to meet the 2.78% requirement collectively, rather than on an individual basis. Since our projections show that this value is highly likely to be met in 2006 under planned practices of the refining industry, we do not anticipate any impacts on the industry in general, nor any on small businesses. It will have no effect on State, local or tribal governments.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  10/00/06
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: None
  
  Energy Effects: Statement of Energy Effects planned as required by
  
  Executive Order 13211.
  
  Additional Information: SAN No. 5048;
  
  Agency Contact: Barry Garelick, Environmental Protection Agency, Air and Radiation, 6406J, Washington, DC 20005
  
  Phone: 202 343-9028
  
  Fax: 202 343-2802
  
  Email: garelick.barry@epa.gov
  
  David Korotney, Environmental Protection Agency, Air and Radiation, 1200 Pennsylvania Avenue NW, Washington, DC 48104
  
  Phone: 734 214-4507
  
  Fax: 734 214-4050
  
  Email: korotney.david@epamail.epa.gov;
  
  RIN: 2060-AN76
61. NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR
  
  POLLUTANTS FOR SEMICONDUCTOR MANUFACTURING: AMENDMENTS
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: CAA title III
  
  CFR Citation: 40 CFR 63
  
  Legal Deadline: None
  
  Abstract: The promulgated National Emission Standards for Hazardous Air
  
  Pollutants for Semiconductor Manufacturing included process vent requirements for inorganic HAP streams or inorganic process HAP streams. However, a small minority of process vents in the industry contain emission streams that combine inorganic and organic HAPs. The purpose of this amendment is to add a definition for mixed stream process vents in order to clarify the rule requirements and avoid the confusion caused by the current rule. These amendments will not add additional burden or cost to the rule.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  04/00/06
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: None
  
  Additional Information: SAN No. 5055;
  
  Agency Contact: John Schaefer, Environmental Protection Agency, Air
  
  Page 23276
  
  and Radiation, C504-04, RTP, NC 27711
  
  Phone: 919 541-0296
  
  Fax: 919 541-5600
  
  Email: schaefer.john@epamail.epa.gov
  
  David Cozzie, Environmental Protection Agency, Air and Radiation, C504- 04, RTP, NC 27711
  
  Phone: 919 541-5356
  
  Fax: 919 541-3207
  
  Email: cozzie.david@epamail.epa.gov
  
  RIN: 2060-AN80
62. PROTECTION OF STRATOSPHERIC OZONE: ALLOCATION
  
  OF ESSENTIAL USE ALLOWANCES FOR CALENDAR YEAR 2007
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: Clean Air Act
  
  CFR Citation: 40 CFR 82
  
  Legal Deadline: None
  
  Abstract: OAR is seeking to allocate essential use allowances for import and production of class I stratospheric ozone depleting substances for calendar 2007. Essential allowances enable a person to obtain newly produced or imported controlled class I ODS under the essential exemption to the regulatory phaseout of these chemical,which became effective on January 1, 1996. Essential uses include the manufacture of important medical devices such as asthma inhalers.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  05/00/06
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: None
  
  Additional Information: SAN No. 5056;
  
  Agency Contact: Hodayah Finman, Environmental Protection Agency, Air and Radiation, 1200 Pennsylvania Ave NW, Washington, DC 20460
  
  Phone: 202 343-9246
  
  Fax: 202 565-2079
  
  Email: finman.hodayah@epamail.epa.gov
  
  Ross Brennan, Environmental Protection Agency, Air and Radiation, 1200
  
  Pennsylvania Ave NW, Washington, DC 20460
  
  Phone: 202 343-9226
  
  Fax: 202 565-2079
  
  Email: brennan.ross@epamail.epa.gov
  
  RIN: 2060-AN81
63. TRANSPORTATION CONFORMITY RULE AMENDMENTS TO
  
  IMPLEMENT PROVISIONS CONTAINED IN THE 2005 TRANSPORTATION BILL (SAFETEA-
  
  LU)
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 42 USC 7506
  
  CFR Citation: 40 CFR 93; 40 CFR 51.390
  
  Legal Deadline: Final, Statutory, August 9, 2007, SAFETEA-LU requires that EPA revise the transportation conformity rule to address the statutory provisions.
  
  Abstract: The transportation conformity rule ensures that transportation planning is consistent with a State's plan for achieving the air quality standards. These amendments to the rule are necessary as a result of the changes to the Clean Air Act's transportation conformity provisions as mandated by the recent transportation bill,
  
  SAFETEA-LU. SAFETEA-LU revised a number of aspects of the Clean Air
  
  Act's transportation conformity provisions including: 1)Providing an additional 6 months to re-determine conformity after new State implementation plan (SIP) motor vehicle emissions budgets are either found adequate, approved or promulgated; 2)changing the frequency requirements for transportation conformity determinations; 3)providing an option for reducing the time period covered by conformity determinations; 4)providing procedures for areas to use in substituting or adding transportation control measures (TCMs) to approved SIPs; 5)adding a 1-year grace period for conformity lapses; and 6)streamlining requirements for conformity SIPs.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  12/00/06
  
  Final Action
  
  08/00/07
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: Federal, Local, State
  
  Additional Information: SAN No. 5057;
  
  Agency Contact: Rudolph Kapichak, Environmental Protection Agency, Air and Radiation, 1200 Pennsylvania Avenue NW, Washington, DC 48105
  
  Phone: 734 214-4574
  
  Fax: 734 214-4052
  
  Email: kapichak.rudolph@epamail.epa.gov
  
  Laura Berry, Environmental Protection Agency, Air and Radiation, 1200
  
  Pennsylvania Avenue NW, Washington, DC 48105
  
  Phone: 734 214-4858
  
  Fax: 734 214-4052
  
  Email: berry.laura@epamail.epa.gov
  
  RIN: 2060-AN82
64. REVISIONS TO STANDARDS OF PERFORMANCE FOR NEW
  
  STATIONARY SOURCES, NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR
  
  POLLUTANTS, & NESHAP FOR SOURCE CATEGORY
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 42 USC 7401 et seq
  
  CFR Citation: 40 CFR Part 60, 61, 63
  
  Legal Deadline: None
  
  Abstract: The proposed rule will extend the time period required for source owners and operators to conduct initial performance tests in response to force majeures. A force majeure is defined as an event caused by circumstances beyond the control of the affected facility, its contractors, or any entity controlled by the affected facility that results in not meeting the regulatory requirement to conduct performance tests within the specified timeframe despite the affected facility's best efforts to fulfill the obligation. Examples of such events are acts of nature, acts of war or terrorism, or equipment failure or safety hazard beyond the control of the affected facilty.
  
  We recognize that there may be circumstances beyond a source owner's or operator's control that could cause a performance test deadline to be missed and that we must provide a mechanism for consideration of these circumstances and granting of extensions where warranted. Under current rules, a source owner or operator who is unable to comply with testing requirements within the allotted timeframe due to a force majeure is regarded as being in violation and subject to enforcement action. As a matter of policy, EPA has exercised enforcement discretion to avoid finding
  
  Page 23277
  
  such sources in violation. However, because these failures result in circumstances beyond the control of the source owner or operator, we believe that a more reasonable approach is to provide an opportunity to such owners and operators to make good faith demonstrations and obtain extensions of the performance testing deadline in appropriate circumstances.
  
  EPA's plans to address this issue were noted in the final Clean Air
  
  Action National Stack Testing Guidance issued by EPA on September 30, 2005. The following footnote was included in this guidance document.
  
  ``The Agency believes that it has the authority under law to allow extensions and plans to conduct notice and comment rulemaking regarding appropriate circumstances in which an extension of initial performance test deadlines may be allowed by regulation.``
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  07/00/06
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: None
  
  Additional Information: SAN No. 5061;
  
  Agency Contact: Lula Melton, Environmental Protection Agency, Air and
  
  Radiation, C304-02, Washington, DC 20460
  
  Phone: 919 541-2910
  
  Fax: 919 541-1039
  
  Email: melton.lula@epa.gov
  
  RIN: 2060-AN84
  
  Environmental Protection Agency (EPA)
  
  Final Rule Stage
  
  Clean Air Act (CAA)
65. METHODS FOR MEASUREMENT OF VISIBLE EMISSIONS--ADDITION OF METHODS 203A, 203B, AND 203C TO APPENDIX M OF PART 51
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 42 USC 7401(b)(1); 42 USC 7410; 42 USC 7470 to 7479; 42 USC 7501 to 7508; 42 USC 7601(a)
  
  CFR Citation: 40 CFR 51
  
  Legal Deadline: None
  
  Abstract: This rulemaking adds Test Methods 203A, 203B, and 203C to 40
  
  CFR part 51, appendix M (entitled Example Test Methods for State
  
  Implementation Plans). These methods describe procedures for estimating the opacity of visible emissions. States have requested that EPA promulgate these methods so that they can use them in State
  
  Implementation Plans in enforcing visible emissions regulations from
  
  Stationary Sources.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  11/22/93
  
  58 FR 61640
  
  Final Action
  
  05/00/06
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: None
  
  Additional Information: SAN No. 2915;
  
  Agency Contact: Solomon Ricks, Environmental Protection Agency, Air and
  
  Radiation, D243-02, Research Triangle Park, NC 27711
  
  Phone: 919 541-5242
  
  Fax: 919 541-1039
  
  Email: ricks.solomon@epamail.epa.gov
  
  Fred Thompson, Environmental Protection Agency, Air and Radiation,
  
  D243-02, Research Triangle Park, NC 27711
  
  Phone: 919 541-2707
  
  Email: thompson.fred@epamail.epa.gov
  
  RIN: 2060-AF83
66. ADDITION OF METHOD 207 TO APPENDIX M OF 40 CFR PART 51 METHOD FOR
  
  MEASURING ISOCYANATES IN STATIONARY SOURCE EMISSIONS
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 42 USC 7410
  
  CFR Citation: 40 CFR 51
  
  Legal Deadline: None
  
  Abstract: The Clean Air Act Amendments of 1990 listed certain isocyanate compounds as hazardous air pollutants (HAPs). The Agency does not have any published test methods that would measure air emissions of these isocyanate compounds from stationary sources. This action would add a validated test method to measure isocyanate emissions to appendix M of part 51. Test methods in part 51 can be adopted by any State for use in any regulation that requires the measurement of any of the isocyanate compounds on the HAP list. This action would not impose any new regulatory requirements that do not already exist. It should benefit State governments by providing them with a validated test procedure for measuring the emissions of isocyanate compounds.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  12/08/97
  
  62 FR 64532
  
  Final Action
  
  01/00/07
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: None
  
  Additional Information: SAN No. 3900;
  
  Agency Contact: Gary McAlister, Environmental Protection Agency, Air and Radiation, D243-02, Research Triangle Park, NC 27711
  
  Phone: 919 541-1062
  
  Fax: 919 541-1039
  
  Email: mcalister.gary@epamail.epa.gov
  
  Conniesue Oldham, Environmental Protection Agency, Air and Radiation,
  
  D243-02, Research Triangle Park, NC 27711
  
  Phone: 919 541-7774
  
  Email: oldham.conniesue@epamail.epa.gov
  
  RIN: 2060-AG88
67. CLEAN AIR FINE PARTICLE IMPLEMENTATION RULE
  
  Priority: Other Significant
  
  Legal Authority: 42 USC 7410; 42 USC 7501 et seq
  
  CFR Citation: 40 CFR 51
  
  Legal Deadline: None
  
  Abstract: In 1997, EPA promulgated National Ambient Air Quality
  
  Standards (NAAQS) for fine particulate matter (PM-2.5). EPA designations of 39 nonattainment areas for the PM2.5
  
  Page 23278
  
  standards became effective on April 5, 2005. The Clean Air Fine
  
  Particle Implementation Rule, which was proposed in the Federal
  
  Register on November 1, 2005, includes requirements and guidance for
  
  State and local air pollution agencies to follow in developing State implementation plans (SIPs) designed to bring areas into attainment with the 1997 standards. These SIP development activities include technical analyses to identify effective strategies for reducing emissions contributing to PM-2.5 levels, and the adoption of regulations as needed in order to attain the standards. Estimates show that compliance with the standards will prevent thousands of premature deaths from heart and lung disease, tens of thousands of hospital admissions and emergency room visits, and millions of absences from school and work every year.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  11/01/05
  
  70 FR 65984
  
  Final Action
  
  11/00/06
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: Federal, State, Local, Tribal
  
  Additional Information: SAN No. 4752;
  
  Agency Contact: Rich Damberg, Environmental Protection Agency, Air and
  
  Radiation, C504-02, Research Triangle Park, NC 27711
  
  Phone: 919 541-5592
  
  Fax: 919 541-3207
  
  Email: damberg.rich@epa.gov
  
  Joe Paisie, Environmental Protection Agency, Air and Radiation, C504- 02, Research Triangle Park, NC 27711
  
  Phone: 919 541-5556
  
  Email: paisie.joe@epa.gov
  
  RIN: 2060-AK74
68. NSPS: SOCMI--WASTEWATER AND AMENDMENT TO APPENDIX C OF PART 63 AND
  
  APPENDIX J OF PART 60
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 42 USC 7411
  
  CFR Citation: 40 CFR 60 - SOCMI Wastewater NSPS and Appendi; 40 CFR 63
  
  - Appendix C to part 63
  
  Legal Deadline: None
  
  Abstract: These standards are based on a combination of control techniques that require removal or destruction of volatile organic compounds from wastewater at synthetic organic chemical manufacturing industry plants. Designated chemical process units, i.e., process lines or process units, would be subject to the rule. Constructed, reconstructed, or modified designated chemical process units would be required to apply appropriate controls to affected wastewater tanks, 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.
  
  The final rule will encompass the clarifications and revisions to subpart YYY and appendix J that will reduce emissions of volatile organic compounds (VOC). VOC, when emitted into the ambient air, are precursors to the formation of tropospheric ozone. A wide variety of acute and chronic respiratory health effects and welfare (agricultural, ecosystem) effects have been attributed to concentrations of ozone commonly measured in the ambient air throughout the U.S. In conjunction with the rule development for the NSPS, amendments to appendix C to part 63 were proposed on June 30, 2004 On June 30, 2004, amendments to appendix C to part 63 were proposed (69 FR 39383). See http:// www.epa.gov/ttn/atw/nsps/socww/socwwpg.html for more information.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM (NSPS)
  
  09/12/94
  
  59 FR 46780
  
  Supplemental NPRM 1
  
  10/11/95
  
  60 FR 52889
  
  Supplemental NPRM 2
  
  12/09/98
  
  63 FR 67988
  
  NPRM Amdmt
  
  06/30/04
  
  69 FR 39383
  
  Final Action
  
  07/00/06
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: Businesses
  
  Government Levels Affected: None
  
  Additional Information: SAN No. 3380;
  
  Sectors Affected: 3251 Basic Chemical Manufacturing
  
  Agency Contact: Mary Kissell, Environmental Protection Agency, Air and
  
  Radiation, C439-03, Washington, DC 20460
  
  Phone: 919 541-4516
  
  Email: kissell.mary@epa.gov
  
  Kent Hustvedt, Environmental Protection Agency, Air and Radiation,
  
  C439-03, RTP , NC 27709
  
  Phone: 919 541-5395
  
  Email: hustvedt.ken@epamail.epa.gov
  
  RIN: 2060-AE94
69. UPDATE OF CONTINUOUS INSTRUMENTAL TEST METHODS
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 42 USC 7411
  
  CFR Citation: 40 CFR Part 60
  
  Legal Deadline: None
  
  Abstract: Methods 3A, 6C, 7E, 10, and 20 of 40 CFR Part 60, Appendix A are instrumental methods that are being revised to make their performance criteria consistent. Analyzer calibration error tests and sampling system bias tests now required in Methods 3A, 6C, and 7E are being added to Methods 10 and 20. Inconsistent acceptance criteria for other performance tests and calibration gas quality are also being made uniform. Performance criteria currently determined based on the instrument span is being revised to an emission limit basis. This change will fix the acceptance limits for all source tests on the applicable emission limit and not on a span value that sources have some discretion in choosing. These revisions were proposed on August 27, 1997 in an announcement entitled ``Amendments for Testing and
  
  Monitoring Provisions.'' They were considered not significant at that time. The public did not feel that the preamble to the rule provided adequate notice of the changes being made to
  
  Page 23279
  
  the methods. The commenters requested a reproposal of these revision to the instrumental methods to allow for adequate public review. Methods 7F and 7G are new methods that measure nitrogen oxides electrochemically. These methods are being proposed in response to requests made by vendors/sources. These methods will add flexibility to the testing provisions currently in place and will not add requirements or affect the stringency of the underlying emission standards.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  10/10/03
  
  68 FR 58838
  
  Final Action
  
  04/00/06
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: Federal
  
  Additional Information: SAN No. 4161;
  
  Agency Contact: Foston Curtis, Environmental Protection Agency, Air and
  
  Radiation, MD-19, Research Triangle Park, NC 20460
  
  Phone: 919 541-1063
  
  Email: curtis.foston@epamail.epa.gov
  
  RIN: 2060-AK61
70. NESHAP: PRINTING AND PUBLISHING INDUSTRY; AMENDMENTS
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 42 USC 7412
  
  CFR Citation: 40 CFR 63
  
  Legal Deadline: Final, Statutory, November 15, 1994.
  
  Abstract: Since publication of the final Printing and Publishing
  
  NESHAP, we have discovered several minor errors. This action will correct those errors and clarify some of the rule language. The main change will be to correct the instructions for determining HAP content of inks and other materials from formulation data. No substantive changes will be made to the stringency of the rule.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  Direct Final Action
  
  07/00/06
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: Federal, State, Local
  
  Additional Information: SAN No. 4310;
  
  Agency Contact: Dave Salman, Environmental Protection Agency, Air and
  
  Radiation, C539-03, Research Triangle Park, NC 27711
  
  Phone: 919 541-0859
  
  Fax: 919 541-5689
  
  Email: salman.dave@epamail.epa.gov
  
  Elaine Manning, Environmental Protection Agency, Air and Radiation,
  
  C539-03, Research Triangle Park, NC 27711
  
  Phone: 919 541-5499
  
  Fax: 919 541-5689
  
  Email: manning.elaine@epamail.epa.gov
  
  RIN: 2060-AI66
71. PORTLAND CEMENT MANUFACTURING INDUSTRY NESHAP: AMENDMENT TO
  
  IMPLEMENT COURT REMAND
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 42 USC 7412
  
  CFR Citation: 40 CFR 63.1340 to 63.1359
  
  Legal Deadline: Final, Judicial, July 26, 2006, Original settlement agreement -5/26/06, due to request for extension of public comments, litigants agreed to extend final-7/26/06.
  
  Abstract: The Portland Cement Manufacturing Industry NESHAP was promulgated June 14, 1999, and has been codified in 40 Code of Federal
  
  Regulations 63, subpart LLL. The Sierra Club and the National Lime
  
  Association petitioned the court to review subpart LLL, while the
  
  American Portland Cement Alliance (APCA) opted to negotiate a settlement agreement. On December 15, 2000, a panel of the D.C. Circuit issued its opinion in National Lime Ass'n v. EPA. The Court remanded the three standards for which we established floors of no control
  
  (hydrogen chloride [HCl], total hydrocarbon [THC], and mercury [Hg]).
  
  The Court found that we committed error in not considering other means of control, in particular, control of HAPs in raw materials and in fossil fuels. The Court also remanded that we consider setting beyond- the-floor standards for HAP metals, for which particulate matter (PM) is a surrogate. This action will consist of amendments to respond to the court remand.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  12/02/05
  
  70 FR 72330
  
  NPRM 2
  
  01/09/06
  
  71 FR 1403
  
  Final Action
  
  08/00/06
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: Businesses
  
  Government Levels Affected: None
  
  Additional Information: SAN No. 4585; ; EPA Docket information: EPA-HQ-
  
  OAR-2002-0051
  
  Sectors Affected: 32731 Cement Manufacturing
  
  Agency Contact: Keith Barnett, Environmental Protection Agency, Air and
  
  Radiation, C504-05, RTP, NC 27711
  
  Phone: 919 541-5605
  
  Fax: 919 541-5600
  
  Email: barnett.keith@epa.gov
  
  Steve Fruh, Environmental Protection Agency, Air and Radiation, C439- 02, Research Triangle Park, NC 27709
  
  Phone: 919 541-2837
  
  Email: fruh.steve@epamail.epa.gov
  
  RIN: 2060-AJ78
72. NESHAP: ETHYLENE OXIDE FOR STERILIZATION FACILITIES--RESIDUAL RISK
  
  STANDARDS
  
  Priority: Other Significant
  
  Legal Authority: 42 USC 7412
  
  CFR Citation: 40 CFR 63
  
  Legal Deadline: Final, Statutory, December 6, 2002.
  
  Final, Judicial, March 31, 2006, Consent Decree.
  
  Abstract: This source category covers ethylene oxide commercial sterilizers. Proposal published October 24, 2005. EPA developed technology-based standards for this source category under section 112(d) of the CAA codified in 40 CFR Part 63, Subpart O. This source category covers ethylene oxide commercial sterilizers; the assessment results show cancer incidence less than one. Some commenters have requested we make the current requirements more stringent. Court ordered promulgation signature 3/2006.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  10/24/05
  
  70 FR 61404
  
  Final Action
  
  04/00/06
  
  Page 23280
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: Businesses
  
  Government Levels Affected: None
  
  Additional Information: SAN No. 4654;
  
  Sectors Affected: 3254 Pharmaceutical and Medicine Manufacturing; 311942 Spice and Extract Manufacturing
  
  Agency Contact: David Markwordt, Environmental Protection Agency, Air and Radiation, C439-03, RTP, NC 27711
  
  Phone: 919 541-0837
  
  Fax: 919 541-0246
  
  Email: markwordt.david@epamail.epa.gov
  
  KC Hustvedt, Environmental Protection Agency, Air and Radiation, C439- 03, RTP, NC 27711
  
  Phone: 919 541-5395
  
  Fax: 919 541-0246
  
  Email: hustvedt.ken@epamail.epa.gov
  
  RIN: 2060-AK09
73. NESHAP: GASOLINE DISTRIBUTION (STAGE I) RESIDUAL RISK AND MACT
  
  STANDARDS REVIEW
  
  Priority: Other Significant
  
  Legal Authority: 42 USC 7412
  
  CFR Citation: 40 CFR 63
  
  Legal Deadline: Final, Judicial, March 31, 2006, consent decree.
  
  Abstract: In 1994, we promulgated technology-based standards for this source category under section 112(d) of the CAA. The facilities covered by the standards and under investigation in this action, include both bulk gasoline terminals and pipeline breakout stations that emit major source levels of air toxics. The current action, required by section 112(f)(2) of the CAA, directs us to assess the risk remaining (residual risk) after the application of technology-based standards. Also, CAA section 112 (d)(6) requires us to review and revise the technology- based standards as necessary by taking into account developments in practices, processes, and control technologies. On August 10, 2005, we proposed no further action to revise the technology-based standards.
  
  Our risk assessment found that the risk from these facilities now meets the level we generally consider acceptable. In our technology assessment, we did not find significant advancements in technology.
  
  This final rule is under a consent decree requiring Administrator signature by 3/31/06.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  08/10/05
  
  70 FR 46452
  
  Final Action
  
  04/00/06
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: None
  
  Additional Information: SAN No. 4655; ; EPA Docket information: OAR- 2004-0019
  
  Agency Contact: Steve Shedd, Environmental Protection Agency, Air and
  
  Radiation, C439-03, Research Triangle Park, NC 27709
  
  Phone: 919 541-5397
  
  Fax: 919 685-3195
  
  Email: shedd.steve@epamail.epa.gov
  
  Kent Hustvedt, Environmental Protection Agency, Air and Radiation,
  
  C439-03, RTP , NC 27709
  
  Phone: 919 541-5395
  
  Email: hustvedt.ken@epamail.epa.gov
  
  RIN: 2060-AK10
74. NESHAP: INDUSTRIAL PROCESS COOLING TOWERS RESIDUAL RISK STANDARDS
  
  Priority: Other Significant
  
  Legal Authority: 42 USC 7412
  
  CFR Citation: 40 CFR 63
  
  Legal Deadline: Final, Statutory, September 30, 2002.
  
  Final, Judicial, March 31, 2006, court ordered deadline.
  
  Abstract: A national emission standard for hazardous air pollutants
  
  (NESHAP) for industrial process cooling towers (IPCT) was previously promulgated under section 112(d) of the Clean Air Act. That standard effectively bans the use of chromium-based water treatment chemicals in
  
  IPCT used to remove heat from chemical or industrial processes. The
  
  Clean Air Act Section 112(f) requires us to assess within 8 years of promulgation of a NESHAP the remaining risk to the public and to develop additional more stringent standards if such standards are needed to protect the public health with an ample margin of safety.
  
  This action is to examine the remaining risk from IPCT and, if warranted, to develop new risk based standards.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  10/24/05
  
  70 FR 61411
  
  Final Action
  
  04/00/06
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: None
  
  Additional Information: SAN No. 4660;
  
  Agency Contact: Phil Mulrine, Environmental Protection Agency, Air and
  
  Radiation, C439-02, Research Triangle Park, NC 27711
  
  Phone: 919 541-5289
  
  Email: mulrine.phil@epamail.epa.gov
  
  Steve Fruh, Environmental Protection Agency, Air and Radiation, C439- 02, Research Triangle Park, NC 27709
  
  Phone: 919 541-2837
  
  Email: fruh.steve@epamail.epa.gov
  
  RIN: 2060-AK16
75. NESHAP: PERCHLOROETHYLENE DRY CLEANING FACILITIES RESIDUAL RISK
  
  STANDARDS
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 42 USC 7412
  
  CFR Citation: 40 CFR 63
  
  Legal Deadline: Final, Judicial, July 13, 2006, c/o deadline (original date 4/28/06, but negotiated extension with litigants, due to request for ext. of public comment period).
  
  Abstract: EPA developed technology-based emission standards for this source category under section 112(d) of the Clean Air Act. The current action, required by section 112(f) of the Clean Air Act, is to assess residual risks and develop additional emission standards, as necessary, to provide an ample margin of safety. Approximately 28,000 perchloroethylene (perc) dry cleaning facilities are in existence.
  
  Fifteen of these facilities are major sources (use > 2100 gallons of perc per year), subject to MACT requirements under the technology-based
  
  NESHAP requirements. The remaining facilities are area sources (use
  
  CAMR 111 RECONSIDERATION
  
  Priority: Other Significant. Major under 5 USC 801.
  
  Unfunded Mandates: This action may affect State, local or tribal governments and the private sector.
  
  Legal Authority: 42 USC 7411; 42 USC 7401; 42 USC 7403; 42 USC 7426; 42
  
  USC 7601; 42 USC 7651
  
  CFR Citation: 40 CFR 60; 40 CFR 72; 40 CFR 75
  
  Legal Deadline: Other, Statutory, May 31, 2006, Commitment to court to finalize.
  
  Abstract: On May 18, 2005, the EPA promulgated regulations under section 111 of the Clean Air Act regulating mercury emissions from new and existing coal-fired electric utility steam generating units. As a result of four petitions for administrative reconsideration, on October 28, 2005, EPA opened the rule for reconsideration of several issues.
  
  The public comment period on the reconsideration closed on December 19.
  
  EPA expects to complete the reconsideration process by the end of May 2006.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  10/28/05
  
  70 FR 62213
  
  Final Action
  
  06/00/06
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: Governmental Jurisdictions
  
  Government Levels Affected: Federal, State, Local, Tribal
  
  Energy Effects: Statement of Energy Effects planned as required by
  
  Executive Order 13211.
  
  Additional Information: SAN No. 4571.2; Split from RIN 2060-AJ65.; EPA
  
  Docket information: OAR-2002-0056
  
  URL For More Information: www.epa.gov/ttn/atw/utility/utiltoxpg.html
  
  Agency Contact: Robert Wayland, Environmental Protection Agency, Air and Radiation, C439-01, Research Triangle Park, NC 27711
  
  Phone: 919 541-1045
  
  Fax: 919 541-5450
  
  Email: wayland.robertj@epa.gov
  
  Bill Maxwell, Environmental Protection Agency, Air and Radiation, C439- 01, Research Triangle Park, NC 20460
  
  Phone: 919 541-5430
  
  Fax: 919 541-5450
  
  Email: maxwell.bill@epamail.epa.gov
  
  RIN: 2060-AN50
76. REVISION OF 112(N) FINDING RECONSIDERATION
  
  Priority: Other Significant
  
  Legal Authority: 42 USC 7411; 42 USC 7401; 42 USC 7403; 42 USC 7426; 42
  
  USC 7601; 42 USC 7651
  
  CFR Citation: 40 CFR 60; 40 CFR 72; 40 CFR 75
  
  Legal Deadline: Other, Statutory, May 31, 2006, commitment to court to finalize.
  
  Abstract: On March 29, 2005, EPA published a final rule entitled
  
  ``Revision of December 2000 Regulatory Finding on the Emissions of
  
  Hazardous Air Pollutants From Electric Utility Steam Generating Units and the Removal of Coal- and Oil-Fired Electric Utility Steam
  
  Generating Units From the Section 112(c) List'' (Section 112(n)
  
  Revision Rule). (See 70 FR 15994.) Following that final action, the
  
  Administrator received two petitions for reconsideration. In response to those petitions, this action will reconsider certain aspects of the
  
  Section 112(n) Revision Rule.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  10/28/05
  
  70 FR 62200
  
  Final Action
  
  06/00/06
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: Federal, Local, State, Tribal
  
  Energy Effects: Statement of Energy Effects planned as required by
  
  Executive Order 13211.
  
  Additional Information: SAN No. 4571.3; EPA publication information:
  
  NPRM - http://www.epa.gov/fedrgstr/EPA-AIR/2005/October/Day-28/ a21456.htm; Split from RIN 2060-AN50. Split from RIN 2060-AJ65.; EPA
  
  Docket information: OAR-2002-0056
  
  URL For More Information: www.epa.gov/ttn/atw/utility/utiltoxpg.html
  
  Agency Contact: Robert J Wayland, Environmental Protection Agency, Air and Radiation, C439-01, RTP, NC 27711
  
  Phone: 919 541-1045
  
  Fax: 919 541-5450
  
  Email: wayland.robertj@epamail.epa.gov
  
  Bill Maxwell, Environmental Protection Agency, Air and Radiation, C439- 01, Research Triangle Park, NC 20460
  
  Phone: 919 541-5430
  
  Fax: 919 541-5450
  
  Email: maxwell.bill@epamail.epa.gov
  
  RIN: 2060-AN53
77. NSPS COMBUSTION TURBINES--SUBPART GG:
  
  AMENDMENTS
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 42 USC 7211
  
  CFR Citation: 40 CFR 60
  
  Legal Deadline: None
  
  Abstract: This action is the result of a settlement agreement with an industry group on amendments to the standards of performance for stationary gas turbines (subpart GG) that we published on July 8, 2004.
  
  We are going to promulgate a direct final rule to revise certain provisions to subpart GG to clarify that the amendments were not intended to impose new requirements for existing turbines. Owners and operators of existing and new turbines may use emissions monitoring that meets the pre-existing monitoring requirements of subpart GG.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  Direct Final Action w/NPRM
  
  02/24/06
  
  71 FR 9504
  
  Notice: Technical Corrections 04/00/06
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Page 23297
  
  Government Levels Affected: None
  
  Additional Information: SAN No. 4681.1; Split from RIN 2060-AK35.
  
  Agency Contact: Jaime Pagan, Environmental Protection Agency, Air and
  
  Radiation, C439-01, Research Triangle Park, NC 27711
  
  Phone: 919 541-5340
  
  Email: pagan.jaime@epamail.epa.gov
  
  Robert J Wayland, Environmental Protection Agency, Air and Radiation,
  
  C439-01, RTP, NC 27711
  
  Phone: 919 541-1045
  
  Fax: 919 541-5450
  
  Email: wayland.robertj@epamail.epa.gov
  
  RIN: 2060-AN55
78. RULE TO REDUCE INTERSTATE TRANSPORT OF FINE
  
  PARTICULATE MATTER AND OZONE (CLEAN AIR INTERSTATE RULE):
  
  RECONSIDERATION
  
  Priority: Other Significant
  
  Legal Authority: 42 USC 7410(a)
  
  CFR Citation: 40 CFR 51; 40 CFR 72; 40 CFR 73; 40 CFR 74; 40 CFR 77; 40
  
  CFR 78; 40 CFR 96
  
  Legal Deadline: Other, Judicial, March 15, 2006, Final must be signed by 3/15/06 so outstanding action on CAIR is completed by signature date of CAIR FIP.
  
  Abstract: On May 12, 2005, EPA published in the Federal Register the final ``Rule to Reduce Interstate Transport of Fine Particulate Matter and Ozone'' (Clean Air Interstate Rule or CAIR). The CAIR requires certain upwind States to reduce emissions of nitrogen oxides (NOx) and/ or sulfur dioxide (SO2) that significantly contribute to nonattainment of, or interfere with maintenance by, downwind States with respect to the fine particle and/or 8-hour ozone national ambient air quality standards. Subsequently, EPA received 12 petitions for reconsideration of the final rule. This action will address five specific issues raised in the petitions. On December 2, 2005, EPA published in the Federal
  
  Register a notice announcing its decision to reconsider four specific issues in the CAIR and requesting comment on them. The four issues are:
  
  (1) claims regarding alleged inequities arising from the nethodology that States choosing to participate in the CAIR SO2 trading program would use to allocate sulfur dioxide (SO2) emissions allowances to sources; (2) EPA's use of fuel adjustment factors (1.0 for coal, 0.6 for oil, and 0.4 for gas) in establishing State nitrogen oxides (NOx) budgets; (3) certain inputs to the fine particle (PM2.5) modeling used to determine whether Minnesota should be included in the CAIR region for PM2.5; and (4) EPA's determination that Florida should be included in the CAIR region. On December 29, 2005, EPA published a supplemental notice granting reconsideration and seeking comment on an additional issue regarding the potential impact of a recent judicial opinion, New
  
  York v. EPA, 413 F.3d 3 (D.C. Cir. 2005). This decision vacated the pollution control project (PCP) exclusion in the New Source Review
  
  (NSR) regulations (the exclusion allowed for certain environmentally beneficial PCPs to be excluded from certain NSR requirements). The EPA did not propose any changes to CAIR in these two initial notices.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  Reconsideration
  
  12/02/05
  
  70 FR 72268
  
  Supplemental reconsideration 12/29/05
  
  70 FR 77101
  
  Final Action
  
  04/00/06
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: None
  
  Additional Information: SAN No. 4794.3; EPA publication information:
  
  Supplemental reconsideration - http://www.epa.gov/fedrgstr/EPA-AIR/ 2005/December/Day-29/a24609.htm; Split from RIN 2060-AL76.
  
  URL For More Information: www.epa.gov/cair
  
  Agency Contact: Kathy Kaufman, Environmental Protection Agency, Air and
  
  Radiation, C504-05, Research Triangle Park, NC 27711
  
  Phone: 919 541-0102
  
  Fax: 919 541-0824
  
  Email: kaufman.kathy@epa.gov
  
  Joe Paisie, Environmental Protection Agency, Air and Radiation, C504- 02, Research Triangle Park, NC 27711
  
  Phone: 919 541-5556
  
  Email: paisie.joe@epa.gov
  
  RIN: 2060-AN57
79. AMENDMENT TO TIER 2 VEHICLE EMISSION STANDARDS
  
  AND GASOLINE SULFUR REQUIREMENTS: EXEMPTION FOR US TERRITORIES
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: CAA 325(a)(1)
  
  CFR Citation: 40 CFR 80(H)
  
  Legal Deadline: None
  
  Abstract: This rule would exempt the three Pacific Island Territories--
  
  American Samoa, Guam and the Commonwealth of the Northern Mariana
  
  Islands (CNMI) from the Tier-2 rule for vehicle emission and gasoline sulfur requirements. The Governor of American Samoa petitioned us for an exemption from the Tier-2 gasoline sulfur requirement because of the high cost, the potential for gasoline shortages, and minimal air quality benefits to American Samoa. The Governors of Guam and CNMI also want the exemption and enforcement discretion for similar reasons. The
  
  Far East market, primarily Singapore, supplies gasoline to the Pacifica
  
  Island Territories. The Tier-2 sulfur standard effectively requires the importation of special product runs, which would increase the cost and could jeopardize the security of the gasoline supply to the Pacific
  
  Island Territories. The air quality in American Samoa, Guam, and CNMI is generally pristine due to the wet climate, strong prevailing winds, and the remoteness. Exempting these Pacific Island Territories from the gasoline sulfur standard would have minimal, if any, impact on air quality.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  Direct Final Action
  
  01/00/07
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: None
  
  Additional Information: SAN No. 5027;
  
  Agency Contact: Alvaro Alvarado, Environmental Protection Agency, Air and Radiation, 1200 Pennsylvania Ave NW, Washington, DC 20460
  
  Phone: 202 343-9473
  
  Email: alvarado.alvaro@epa.gov
  
  Leila Cook, Environmental Protection Agency, Air and Radiation, 1200
  
  Pennsylvania Avenue NW, Washington, DC 20460
  
  Phone: 734 214-4820
  
  Page 23298
  
  Email: cook.leila@epamail.epa.gov
  
  RIN: 2060-AN66
80. DETERIORATION FACTOR PROVISIONS FOR HEAVY-DUTY
  
  DIESEL ENGINE CERTIFICATION AND PART 86 TECHNICAL AMENDMENTS
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 42 USC 7414; 42 USC 7601(a)
  
  CFR Citation: 40 CFR 86.004-28 and 86.007-11
  
  Legal Deadline: None
  
  Abstract: In the 2007 Heavy Duty Rule, which was signed December 21, 2000, and published January 18, 2001 (66 FR 5002), EPA promulgated several new standards for heavy duty engines and vehicles beginning in model year 2007. On this rule, under Sec. 86.004-28, EPA specifies the use of an additive deterioration factor that applies exclusively to heavy-duty diesel engines that do not utilize aftertreatment devices and specifies the use of a multiplicative deterioration factor that applies exclusively to heavy-duty diesel engines that utilize aftertreatment devices. This limits the engine manufacturers' choice of deterioration factor according to the existence or not of an aftertreatment device. EPA believes that these heavy-duty diesel engines should have the same options of assigning deterioration factors as nonroad diesel engines certified under the Tier 4 rule (40 CFR
  
  Sec. 1039.240) where the choice of deterioration factor is independent of the aftertreatment device. Therefore, we are finalizing a change to 40 CFR Sec. 86.004-28 that explicitly defines the deterioration factor provisions applicable for diesel engines that lets the engine manufacturers choose deterioration factors according to their best engineering judgment to account engine emissions within the total compliance limits defined under 40 CFR Sec. 86.007-11(c) for certified heavy-duty diesel engines. In this rulemaking we are also including some technical amendments to part 86 to correct typographical errors, revise references, and remove the old provisions. We are republishing sec. 86.007-11(a)(2)(v) to correct a typographical error in the equation.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  Direct Final Action
  
  05/00/06
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: None
  
  Additional Information: SAN No. 5034;
  
  Agency Contact: David Guerrero, Environmental Protection Agency, Air and Radiation, OAR, Washington, DC 20460
  
  Phone: 202 564-5458
  
  Email: guerrero.david@epamail.epa.gov
  
  Cleophas Jackson, Environmental Protection Agency, Air and Radiation,
  
  OAR, Washington, DC 20460
  
  Phone: 734 214-4824
  
  Email: jackson.cleophas@epamail.epa.gov
  
  RIN: 2060-AN70
81. PREVENTION OF SIGNIFICANT DETERIORATION,
  
  NONATTAINMENT NEW SOURCE REVIEW, AND TITLE V: TREATMENT OF CORN MILLING
  
  FACILITIES UNDER THE ``MAJOR EMITTING FACILITY'' DEFINITION
  
  Priority: Other Significant
  
  Legal Authority: Clean Air Act
  
  CFR Citation: 40 CFR 51,40 CFR 52, 40 CFR 70, 40 CFR 71
  
  Legal Deadline: Other, Statutory, February 28, 2006, DA committed a 2/ 28/06 signature on NPRM to Senator Thune.
  
  Abstract: Given widespread concerns about our Nation's fuel supply and
  
  Congress's recent recognition of the enormous role that domestically produced ethanol can play in reducing our dependence on foreign oil (by
  
  Congress's enactment of the renewable fuels standard in the Energy
  
  Policy Act of 2005), EPA will examine the treatment of ethanol production facilities under the New Source Review and title V operating permit programs. Specifically, a source emitting greater than the major source threshold may be subject to New Source Review, operating permits, and other regulations. A source in one of 27 listed source categories (including chemical process plants) has a major source threshold of 100 tons per year. Conversely, sources not in the one of the 27 listed source categories have a major source threshold of 250 tons per year. EPA will determine through this rulemaking whether ethanol production facilities were originally intended to be in chemical process plants source category when these categories were developed.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  03/09/06
  
  71 FR 12240
  
  Final Action
  
  03/00/07
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: Federal, Local, State, Tribal
  
  Additional Information: SAN No. 5049;
  
  Agency Contact: Joanna Swanson, Environmental Protection Agency, Air and Radiation, C304-04, Research Triangle Park, NC 27711
  
  Phone: 919 541-5282
  
  Fax: 919 541-5509
  
  Tom Driscoll, Environmental Protection Agency, Air and Radiation, C304- 04, Research Triangle Park, NC 27711
  
  Phone: 919 541-5135
  
  Fax: 919 541-5509
  
  Email: tom driscoll/rtp/usepa/us@epamail.epa.gov
  
  RIN: 2060-AN77
82. TECHNICAL AMENDMENTS TO THE HIGHWAY AND NONROAD
  
  DIESEL REGULATIONS
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 42 USC 7545(c); 42 USC 7545(i); 42 USC 7414(a); 42 USC 7601(a)
  
  CFR Citation: 40 CFR 80
  
  Legal Deadline: None
  
  Abstract: This Direct Final Rule will amend and correct certain provisions of the Highway and Nonroad Diesel regulations, including the definition of a Credit Trading Area for Puerto Rico, correction to certain dates, the addition of provisions for biodiesel fuel, and revision of a sulfur testing adjustment factor.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  Direct Final Action
  
  04/00/06
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: None
  
  Additional Information: SAN No. 5053;
  
  Page 23299
  
  Agency Contact: Tia Sutton, Environmental Protection Agency, Air and
  
  Radiation, 1200 Pennsylvania Ave, Washington, DC 48105
  
  Phone: 734 214-4018
  
  Email: sutton.tia@epamail.epa.gov
  
  Paul Machiele, Environmental Protection Agency, Air and Radiation, 1200
  
  Pennsylvania Avenue NW, Washington, DC 48105
  
  Phone: 734 214-4264
  
  Email: machiele.paul@epamail.epa.gov
  
  RIN: 2060-AN78
  
  Environmental Protection Agency (EPA)
  
  Long-Term Actions
  
  Clean Air Act (CAA)
83. SOURCE-SPECIFIC FEDERAL IMPLEMENTATION PLAN FOR NAVAJO GENERATING
  
  STATION; NAVAJO NATION
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: Not Yet Determined
  
  CFR Citation: 49 CFR 123
  
  Legal Deadline: None
  
  Abstract: EPA proposes to federalize standards from the Arizona and New
  
  Mexico State Implementation Plans (SIPS) applicable to the Navajo generating station. Where necessary, EPA's proposed emission standards modify the standards extracted from the States' regulatory programs to ensure comprehensive emission control and Federal consistency.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  09/08/99
  
  64 FR 48725
  
  Notice
  
  01/26/00
  
  65 FR 4244
  
  Reproposal
  
  To Be
  
  Determined
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: Tribal
  
  Additional Information: SAN No. 4315; Formerly listed as RIN 2060-AI79
  
  Agency Contact: Doug McDaniel, Environmental Protection Agency,
  
  Regional Office San Francisco, AIR5, Washington, DC 20460
  
  Phone: 415 947-4106
  
  Fax: 415 947-3579
  
  Email: mcdaniel.doug@epamail.epa.gov
  
  Colleen McKaughan, Environmental Protection Agency, Regional Office San
  
  Francisco, AIR1, Washington, DC 20460
  
  Phone: 520 498-0118
  
  Fax: 520 498-1333
  
  Email: mckaughan.colleen@epamail.epa.gov
  
  RIN: 2009-AA00
84. SOURCE-SPECIFIC FEDERAL IMPLEMENTATION PLAN FOR NAVAJO GENERATING
  
  STATION; FOUR CORNERS POWER PLANT
  
  Priority: Other Significant
  
  Legal Authority: 42 USC 1740
  
  CFR Citation: 40 CFR 60
  
  Legal Deadline: None
  
  Abstract: EPA proposes to federalize standards from the Arizona and New
  
  Mexico State Implementation Plans (SIPS) applicable to the Four Corners
  
  Plant, respectively. Where necessary, EPA's proposed emission standards modify the standards extracted from the States' regulatory programs to ensure comprehensive emission control and Federal consistency.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  Reproposal
  
  To Be
  
  Determined
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: None
  
  Federalism: Undetermined
  
  Additional Information: SAN No. 3569; NPRM- http://www.epa.gov/ fedrgstr/EPA-; AIR/1999/September/Day-08 /a23277.htm.; Formerly listed as RIN 2060-AF42
  
  Agency Contact: Doug McDaniel, Environmental Protection Agency,
  
  Regional Office San Francisco, AIR5, Washington, DC 20460
  
  Phone: 415 947-4106
  
  Fax: 415 947-3579
  
  Email: mcdaniel.doug@epamail.epa.gov
  
  Colleen McKaughan, Environmental Protection Agency, Regional Office San
  
  Francisco, AIR1, Washington, DC 20460
  
  Phone: 520 498-0118
  
  Fax: 520 498-1333
  
  Email: mckaughan.colleen@epamail.epa.gov
  
  RIN: 2009-AA01
85. NESHAP: OFF-SITE WASTE AND RECOVERY OPERATIONS RESIDUAL RISK
  
  STANDARD
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 42 USC 7412
  
  CFR Citation: 40 CFR 63
  
  Legal Deadline: Final, Statutory, July 1, 2004.
  
  Abstract: EPA developed technology-based emissions standards (``MACT'' standards] for this source category under section 112(d) of the Clean
  
  Air Act, codified in 40 CFR part 63, subpart DD. The current action, required by section 112(f) of the Clean Air Act, is to assess residual risks after compliance with subpart DD, and develop additional emission standards, as necessary, to provide an ample margin of safety.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  To Be
  
  Determined
  
  Regulatory Flexibility Analysis Required: Undetermined
  
  Small Entities Affected: Businesses
  
  Government Levels Affected: None
  
  Additional Information: SAN No. 4695;
  
  Sectors Affected: 56221 Waste Treatment and Disposal
  
  Agency Contact: Greg Nizich, Environmental Protection Agency, Air and
  
  Radiation, C439-03, Research Triangle Park, NC 27709
  
  Phone: 919 541-3078
  
  Email: nizich.greg@epamail.epa.gov
  
  Ken Hustvedt, Environmental Protection Agency, Air and Radiation, C439- 03, RTP, NC 27709
  
  Phone: 919 541-5395
  
  Fax: 919 685-3200
  
  Email: hustvedt.ken@epamail.epa.gov
  
  RIN: 2060-AK68
  
  Page 23300
86. ACCIDENTAL RELEASE PREVENTION REQUIREMENTS: RISK MANAGEMENT
  
  PROGRAMS UNDER THE CLEAN AIR ACT, SECTION 112(R)(7); AVAILABILITY OF
  
  INFORMATION TO THE PUBLIC; TECHNICAL AMENDMENT
  
  Priority: Info./Admin./Other
  
  Legal Authority: CAA 112(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
87. REVIEW NATIONAL AMBIENT AIR QUALITY STANDARDS FOR CARBON MONOXIDE
  
  Priority: Other Significant
  
  Legal Authority: 42 USC 7409
  
  CFR Citation: 40 CFR 50
  
  Legal Deadline: Final, Statutory, May 31, 2001, Clean Air Act requires reviews every 5 years.
  
  Abstract: Review of the national ambient air quality standards (NAAQS) for carbon monoxide (CO) every 5 years is mandated by the Clean Air
  
  Act. This review assesses the available scientific data about the health and environmental effects of CO and translates the science into terms that can be used in making recommendations about whether or how the standards should be changed. The last review of the CO NAAQS was completed in 1994 with a final decision that revisions were not appropriate at that time.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  01/00/08
  
  Final Action
  
  11/00/08
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: Undetermined
  
  Additional Information: SAN No. 4266;
  
  Agency Contact: Dave Mckee, Environmental Protection Agency, Air and
  
  Radiation, C539-01, Research Triangle Park, NC 27711
  
  Phone: 919 541-5288
  
  Email: mckee.dave@epa.gov
  
  Harvey Richmond, Environmental Protection Agency, Air and Radiation,
  
  C539-01, Research Triangle Park, NC 27711
  
  Phone: 919 541-5271
  
  Email: richmond.harvey@epa.gov
  
  RIN: 2060-AI43
88. AMENDMENTS TO METHOD 24 (WATER-BASED COATINGS)
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 42 USC 7410
  
  CFR Citation: 40 CFR 60
  
  Legal Deadline: Final, Statutory, June 15, 2001, -.
  
  Abstract: The determination of volatile organic compounds (VOCs) content of a surface coating by reference Method 24 involves determination of its water content and calculation of its VOC content as the difference of the two measurements (volatile content minus water content). Method 24 is inherently less precise for water-based coatings than it is for solvent-based coatings and the imprecision increases as water content increases. This action will amend Method 24 by adding a direct measurement procedure for measuring VOC content of water-based coatings, thereby improving the method's precision.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  06/00/07
  
  Final Action
  
  06/00/08
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: None
  
  Additional Information: SAN No. 3649;
  
  Agency Contact: Candace Sorrell, Environmental Protection Agency, Air and Radiation, D205-02, Washington, DC 20460
  
  Phone: 919 541-1064
  
  Fax: 919 541-1039
  
  Email: sorrell.candace@epamail.epa.gov
  
  Conniesue Oldham, Environmental Protection Agency, Air and Radiation,
  
  D243-02, Research Triangle Park, NC 27711
  
  Phone: 919 541-7774
  
  Email: oldham.conniesue@epamail.epa.gov
  
  RIN: 2060-AF72
89. NAAQS: SULFUR DIOXIDE (RESPONSE TO REMAND)
  
  Priority: Other Significant
  
  Legal Authority: 42 USC 7409 CAA 109
  
  Page 23301
  
  CFR Citation: 40 CFR 50.4; 40 CFR 50.5
  
  Legal Deadline: None
  
  Abstract: On November 15, 1994, the Environmental Protection Agency
  
  (EPA) proposed not to revise the existing 24-hour and annual primary standards. The EPA sought public comment on the need to adopt additional regulatory measures to address the health risk to asthmatic individuals posed by short-term peak sulfur dioxide exposure. On March 7, 1995, EPA proposed implementation strategies for reducing short-term high concentrations of sulfur dioxide emissions in the ambient air. On
  
  May 22, 1996, EPA published its final decision not to revise the primary sulfur dioxide NAAQS. The notice stated that EPA would shortly propose a new implementation strategy to assist States in addressing short-term peaks of sulfur dioxide. The new implementation strategy -- the Intervention Level Program -- was proposed on January 2, 1997. In
  
  July 1996, the American Lung Association and the Environmental Defense
  
  Fund petitioned the U.S. Court of Appeals for the D.C. Circuit for a judicial review of EPA's decision not to establish a new 5-minute
  
  NAAQS. On January 30, 1998, the court found that EPA did not adequately explain its decision and remanded the case so EPA could explain its rationale more fully. EPA published a schedule for responding to the remand in the May 5, 1998 Federal Register. Since that notice, EPA has continued to work on the proposed response to the remand by reviewing additional SO2 air quality information. EPA published an informational notice in the Federal Register on January 9, 2001 (66 R 1665). EPA conducted monitoring to evaluate sources of SO2 peaks and is currently analyzing these data. The results of this project will inform the response to the remand.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM NAAQS Review
  
  11/15/94
  
  59 FR 58958
  
  NPRM NAAQS implementation
  
  03/07/95
  
  60 FR 12492
  
  Final NAAQS Review
  
  05/22/96
  
  61 FR 25566
  
  NPRM rev. NAAQS impl
  
  01/02/97
  
  62 FR 210
  
  Notice resp to remand
  
  05/05/98
  
  63 FR 24782
  
  NPRM
  
  To Be
  
  Determined
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: Undetermined
  
  Additional Information: SAN No. 1002;
  
  Agency Contact: Dave Mckee, Environmental Protection Agency, Air and
  
  Radiation, C539-01, Research Triangle Park, NC 27711
  
  Phone: 919 541-5288
  
  Email: mckee.dave@epa.gov
  
  Susan Stone, Environmental Protection Agency, Air and Radiation, C539- 01, Research Triangle Park, NC 27711
  
  Phone: 919 541-1146
  
  Email: stone.susan@epa.gov
  
  RIN: 2060-AA61
90. NESHAP: GROUP I POLYMERS AND RESINS AND GROUP IV POLYMERS AND
  
  RESINS-AMENDMENTS
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 42 USC 7401 et seq
  
  CFR Citation: 40 CFR 63.480 to 63.506 (Revision); 40 CFR 63.1310 to 63.1335 (Revision)
  
  Legal Deadline: None
  
  Abstract: During the development of the National Emission Standard for
  
  Hazardous Air Pollutants (NESHAP) for elastomers (Group I polymers and resins) and thermoplastics (Group IV polymers and resins) (RINs 2060-
  
  AD56 and 2060-AE37), many of the provisions contained in the Hazardous
  
  Organic NESHAP (HON) were referenced directly by these polymers and resins regulations due to similarities in processes, emission characteristics, and control technologies. On January 17, 1997, the EPA promulgated changes to the HON to remove ambiguity, to clearly convey
  
  EPA intent, and to make the rule easier to understand and implement in response to industry petitions. It is necessary to make parallel changes to the polymers and resins NESHAP; otherwise inconsistencies will exist for NESHAPs regulating similar source categories. An ANPRM was published in the Federal Register on 11/25/96 (61 FR 59849), to explain the nature of changes planned. Subsequently, six litigants have petitioned for review of the elastomers and thermoplastics regulations.
  
  Four companies have petitioned EPA to reconsider specific provisions in the thermoplastics regulation. Revisions will be proposed to parallel
  
  HON changes and to resolve petitioners' issues.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  ANPRM
  
  11/25/96
  
  61 FR 59849
  
  Direct Final-pet jud rev
  
  03/09/99
  
  64 FR 11536
  
  NPRM-pet jud rev
  
  03/09/99
  
  64 FR 11555
  
  Direct Final-comp ext
  
  05/07/99
  
  64 FR 24511
  
  Direct Final-pet rec equip leaks06/08/99
  
  64 FR 30406
  
  NPRM 2
  
  06/08/99
  
  64 FR 30453
  
  NPRM 3
  
  06/08/99
  
  64 FR 30456
  
  Direct Final-stay notice
  
  06/30/99
  
  64 FR 35023
  
  NPRM-stay notice
  
  06/30/99
  
  64 FR 35107
  
  Direct Final00
  
  08/29/00
  
  65 FR 52319
  
  NPRM00
  
  08/29/00
  
  65 FR 52392
  
  Direct Final 4
  
  10/26/00
  
  65 FR 64161
  
  Final Action01
  
  02/23/01
  
  66 FR 11233
  
  Direct Final Comp.
  
  02/26/01
  
  66 FR 11543
  
  NPRM Compliance01
  
  02/26/01
  
  66 FR 1550
  
  Final 1
  
  07/16/01
  
  66 FR 36924
  
  Final 2
  
  08/06/01
  
  66 FR 40903
  
  NPRM
  
  10/00/07
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: None
  
  Additional Information: SAN No. 3939;
  
  Sectors Affected: 325211 Plastics Material and Resin Manufacturing
  
  Agency Contact: Bob Rosensteel, Environmental Protection Agency, Air and Radiation, C504-04, Research Triangle Park, NC 27711
  
  Phone: 919 541-5608
  
  Fax: 919 541-3470
  
  Email: rosensteel.bob@epa.gov
  
  Robin Dunkins, Environmental Protection Agency, Air and Radiation,
  
  C504-04, Research Triangle Park, NC 27711
  
  Phone: 919 541-5335
  
  Fax: 919 541-3470
  
  Email: dunkins.robin@epamail.epa.gov
  
  RIN: 2060-AH47
91. 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
  
  Page 23302
  
  Legal Deadline: None
  
  Abstract: Under the Clean Air Act's prevention of significant deterioration (PSD) program, a State or tribe may redesignate their lands as class I areas to provide enhanced protection for their air quality resources. This rule will clarify the PSD permit review procedures for new and modified major stationary sources near these non-Federal class I areas. EPA seeks to develop clarifying PSD permit application procedures that are effective, efficient, and equitable.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  ANPRM
  
  05/16/97
  
  62 FR 27158
  
  NPRM
  
  To Be
  
  Determined
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: State, Tribal
  
  Additional Information: SAN No. 3919;
  
  Agency Contact: Darrel Harmon, Environmental Protection Agency, Air and
  
  Radiation, 6101A, Washington, DC 20460
  
  Phone: 202 564-7416
  
  Fax: 202 501-1153
  
  Email: harmon.darrel@epamail.epa.gov
  
  RIN: 2060-AH01
92. NESHAP: AEROSPACE MANUFACTURING AND REWORK FACILITIES RESIDUAL
  
  RISK STANDARDS
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 42 USC 7412
  
  CFR Citation: 40 CFR 63
  
  Legal Deadline: Final, Statutory, September 30, 2003.
  
  Abstract: EPA developed technology-based standards for this source category under section 112(d) of the CAA, codified in 40 CFR part 63, subpart GG. The current action, required by section 112(f) of the CAA, is to assess residual risks from the same source category, and develop additional emission standards, as necessary, to provide an ample margin of safety.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  12/00/07
  
  Final Action
  
  12/00/08
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: Federal
  
  Additional Information: SAN No. 4653;
  
  Sectors Affected: 33641 Aerospace Product and Parts Manufacturing
  
  Agency Contact: Bob Rosensteel, Environmental Protection Agency, Air and Radiation, C504-04, Research Triangle Park, NC 27711
  
  Phone: 919 541-5608
  
  Fax: 919 541-3470
  
  Email: rosensteel.bob@epa.gov
  
  Robin Dunkins, Environmental Protection Agency, Air and Radiation,
  
  C504-04, Research Triangle Park, NC 27711
  
  Phone: 919 541-5335
  
  Fax: 919 541-3470
  
  Email: dunkins.robin@epamail.epa.gov
  
  RIN: 2060-AK08
93. NESHAP: GROUP II POLYMERS AND RESINS--RESIDUAL RISK STANDARDS
  
  Priority: Other Significant
  
  Legal Authority: 42 USC 7412
  
  CFR Citation: 40 CFR 63
  
  Legal Deadline: Final, Statutory, March 8, 2003, -.
  
  Abstract: EPA developed technology-based standards for this source category under section 112(d) of the CAA. This source category covers certain chemical process units used to manufacture products. The current action, required by section 112(f) of the CAA, is to assess residual risks from this same source category, and develop additional emission standards, as necessary, to provide an ample margin of safety.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  12/00/08
  
  Final Action
  
  12/00/09
  
  Regulatory Flexibility Analysis Required: Undetermined
  
  Small Entities Affected: Businesses
  
  Government Levels Affected: None
  
  Additional Information: SAN No. 4657;
  
  Sectors Affected: 325211 Plastics Material and Resin Manufacturing
  
  Agency Contact: Randy McDonald, Environmental Protection Agency, Air and Radiation, C504-04, Research Triangle Park, NC 27711
  
  Phone: 919 541-5402
  
  Fax: 919 541-3470
  
  Email: mcdonald.randy@epamail.epa.gov
  
  Robin Dunkins, Environmental Protection Agency, Air and Radiation,
  
  C504-04, Research Triangle Park, NC 27711
  
  Phone: 919 541-5335
  
  Fax: 919 541-3470
  
  Email: dunkins.robin@epamail.epa.gov
  
  RIN: 2060-AK13
94. NESHAP: NATIONAL EMISSION STANDARDS FOR MARINE TANK VESSEL LOADING
  
  OPERATIONS--RESIDUAL RISK STANDARD
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 42 USC 7412
  
  CFR Citation: 40 CFR 63
  
  Legal Deadline: Final, Statutory, September 19, 2003.
  
  Abstract: EPA developed technology-based standards for this source category under section 112(d) of the CAA, codified in 40 CFR part 63, subpart Y. This source category covers tanks or ships that contain gasoline, crude oil, or HAPs in bulk. The current action, required by section 112(f) of the CAA, is to assess residual risks from this same source category, and develop additional emission standards, as necessary, to provide an ample margin of safety.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  01/00/08
  
  Final Action
  
  01/00/09
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: None
  
  Additional Information: SAN No. 4661;
  
  Sectors Affected: 483 Water Transportation
  
  Agency Contact: David Markwordt, Environmental Protection Agency, Air and Radiation, C439-03, RTP, NC 27711
  
  Phone: 919 541-0837
  
  Fax: 919 541-0246
  
  Email: markwordt.david@epamail.epa.gov
  
  Page 23303
  
  KC Hustvedt, Environmental Protection Agency, Air and Radiation, C439- 03, RTP, NC 27711
  
  Phone: 919 541-5395
  
  Fax: 919 541-0246
  
  Email: hustvedt.ken@epamail.epa.gov
  
  RIN: 2060-AK17
95. NESHAP: SECONDARY LEAD SMELTING RESIDUAL RISK STANDARDS
  
  Priority: Other Significant
  
  Legal Authority: 42 USC 7412
  
  CFR Citation: 40 CFR 63
  
  Legal Deadline: Final, Statutory, June 23, 2003, -.
  
  Abstract: National emission standards for hazardous air pollutants
  
  (NESHAP) for secondary lead smelting were promulgated on June 23, 1995 under Clean Air Act Section 112(d). The standards establish emission limitations and work practice standards for all new and existing secondary lead smelters that produce refined lead from lead scrap, mainly lead acid batteries. Clean Air Act Section 112(f) requires us to assess within 8 years of promulgation of a NESHAP the remaining risk to the public and to develop additional more stringent standards if such standards are needed to protect the public health with an ample margin of safety. This action is to examine the remaining risk from secondary lead smelters and to develop new risk based standards, if warranted.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  01/00/08
  
  Regulatory Flexibility Analysis Required: Undetermined
  
  Small Entities Affected: Businesses
  
  Government Levels Affected: None
  
  Additional Information: SAN No. 4665;
  
  Sectors Affected: 331492 Secondary Smelting, Refining, and Alloying of
  
  Nonferrous Metal (except Copper and Aluminum)
  
  Agency Contact: Iliam Rosario, Environmental Protection Agency, Air and
  
  Radiation, C439-02, Research Triangle Park, NC 27711
  
  Phone: 919 541-5308
  
  Fax: 919 541-1039
  
  Email: rosario.iliam@epamail.epa.gov
  
  Steve Fruh, Environmental Protection Agency, Air and Radiation, C439- 02, Research Triangle Park, NC 27709
  
  Phone: 919 541-2837
  
  Email: fruh.steve@epamail.epa.gov
  
  RIN: 2060-AK19
96. NESHAP: SHIPBUILDING AND SHIP REPAIR SURFACE COATING -- RESIDUAL
  
  RISK STANDARDS
  
  Priority: Other Significant
  
  Legal Authority: 42 USC 7412
  
  CFR Citation: 40 CFR 63
  
  Legal Deadline: Final, Statutory, December 31, 2003, -.
  
  Abstract: EPA developed technology-based standards for this source category under section 112(d) of the CAA, codified in 40 CFR Part 63,
  
  Subpart II. This source category covers air-toxic emissions from the painting (and associated cleaning), welding, and sandblasting of ships under construction or repair at major sources. Shipbuilding and ship repair operations means any building, repair, repainting, converting, or alteration of ships. A ``ship'' any marine or freshwater vessel used for military or commercial operations, including self-propelled vessels, and navigational aids (buoys). The term shipyard applies to any facility that performs construction or repair of ships, or self identifies its SIC Codes as 3731 (and National Security SIC Code), with no regard to physical location or type of operation. A 1987 study showed that 14 out of 590 establishments (2.4 percent) accounted for about 66 percent of the industry value shipments. We estimate that there are 52 potential major source facilities today. The current action, required by section 112(f) of the CAA, is to assess residual risks from this same source category, and develop additional emission standards, as necessary, to provide an ample margin of safety. We completed a preliminary assessment ``Residual Risk (RR) Test'' using readily available information from 10 representative, high emitting, facilities in December 2002 . A relatively simple health protective analysis was performed to assess the emission's potential to produce chronic cancer and non-cancer risks and acute non-cancer risks to humans via the inhalation pathway. The results of the RR test showed that we ``do not'' have sufficient data to remove the shipbuilding source category from consideration for a residual risk rule. Seven out of the 10 modeled shipyards either had cancer risk > 1.00 E-6 or chronic hazard index (HI) = 0.2. The results were presented to the Work
  
  Group, EPA management, and the appropriate stakeholders.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  07/00/07
  
  Final Action
  
  12/00/08
  
  Regulatory Flexibility Analysis Required: Undetermined
  
  Small Entities Affected: Businesses
  
  Government Levels Affected: Federal, State
  
  Additional Information: SAN No. 4666;
  
  Sectors Affected: 336611 Ship Building and Repairing
  
  Agency Contact: Mohamed Serageldin, Environmental Protection Agency,
  
  Air and Radiation, C539-03, Research Triangle Park, NC 27711
  
  Phone: 919 541-2379
  
  Fax: 919 541-5689
  
  Email: serageldin.mohamed@epamail.epa.gov
  
  Robin Dunkins, Environmental Protection Agency, Air and Radiation,
  
  C504-04, Research Triangle Park, NC 27711
  
  Phone: 919 541-5335
  
  Fax: 919 541-3470
  
  Email: dunkins.robin@epamail.epa.gov
  
  RIN: 2060-AK20
97. NESHAP: WOOD FURNITURE MANUFACTURING OPERATIONS--RESIDUAL RISK
  
  STANDARDS
  
  Priority: Other Significant
  
  Legal Authority: 42 USC 7412
  
  CFR Citation: 40 CFR 63
  
  Legal Deadline: Final, Statutory, December 7, 2003.
  
  Abstract: EPA developed technology-based standards for this source category under section 112(d) of the CAA, codified in 40 CFR part 63, subpart JJ. This source category covers air-toxic emissions from wood- furniture manufacturing, including wood finishing, gluing, and painting. The current action, required by section 112(f) of the CAA, is to assess residual risks from this same source category, and develop additional emission standards, as necessary, to provide an ample margin of safety.
  
  Page 23304
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  05/00/07
  
  Regulatory Flexibility Analysis Required: Undetermined
  
  Small Entities Affected: Businesses
  
  Government Levels Affected: None
  
  Additional Information: SAN No. 4667;
  
  Sectors Affected: 337 Furniture and Related Product Manufacturing; 337211 Wood Office Furniture Manufacturing
  
  Agency Contact: Lynn Dail, Environmental Protection Agency, Air and
  
  Radiation, C-539-03, Research Triangle Park, NC 27711
  
  Phone: 919 541-2363
  
  Fax: 919 541-1039
  
  Email: dail.lynn@epamail.epa.gov
  
  Robin Dunkins, Environmental Protection Agency, Air and Radiation,
  
  C504-04, Research Triangle Park, NC 27711
  
  Phone: 919 541-5335
  
  Fax: 919 541-3470
  
  Email: dunkins.robin@epamail.epa.gov
  
  RIN: 2060-AK21
98. NESHAP: PRINTING AND PUBLISHING INDUSTRY--RESIDUAL RISK STANDARDS
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 42 USC 7412
  
  CFR Citation: 40 CFR 63
  
  Legal Deadline: Final, Statutory, May 30, 2004.
  
  Abstract: EPA developed technology-based standards for this source category under section 112(d) of the CAA, codified in 40 CFR part 63, subpart KK. This source category covers air-toxic emissions from many activities located at printing and publishing facilities--primarily the printing process itself, plus affiliated equipment such as cleaning, ink and solvent mixing, chemical storage, and solvent recovery. The current action, required by section 112(f) of the CAA, is to assess residual risks from this same source category, and develop additional emission standards, as necessary, to provide an ample margin of safety.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  07/00/07
  
  Final Action
  
  07/00/08
  
  Regulatory Flexibility Analysis Required: Undetermined
  
  Small Entities Affected: Businesses
  
  Government Levels Affected: Undetermined
  
  Additional Information: SAN No. 4664;
  
  Sectors Affected: 322221 Coated and Laminated Packaging Paper and
  
  Plastics Film Manufacturing; 322222 Coated and Laminated Paper
  
  Manufacturing; 323112 Commercial Flexographic Printing; 323111
  
  Commercial Gravure Printing; 322212 Folding Paperboard Box
  
  Manufacturing; 322225 Laminated Aluminum Foil Manufacturing for
  
  Flexible Packaging Uses; 323119 Other Commercial Printing; 322223
  
  Plastics, Foil, and Coated Paper Bag Manufacturing
  
  Agency Contact: Dave Salman, Environmental Protection Agency, Air and
  
  Radiation, C539-03, Research Triangle Park, NC 27711
  
  Phone: 919 541-0859
  
  Fax: 919 541-5689
  
  Email: salman.dave@epamail.epa.gov
  
  Elaine Manning, Environmental Protection Agency, Air and Radiation,
  
  C539-03, Research Triangle Park, NC 27711
  
  Phone: 919 541-5499
  
  Fax: 919 541-5689
  
  Email: manning.elaine@epamail.epa.gov
  
  RIN: 2060-AK24
99. NESHAP: PETROLEUM REFINERIES--RESIDUAL RISK STANDARDS
  
  Priority: Other Significant
  
  Legal Authority: 42 USC 7412
  
  CFR Citation: 40 CFR 63
  
  Legal Deadline: Final, Statutory, August 31, 2003, -.
  
  Abstract: EPA developed technology-based standards for this source category under section 112(d) of the CAA, codified in 40 CFR Part 63,
  
  Subpart CC. This source category covers air-toxic emissions from equipment at petroleum refineries, such as process vents, storage vessels, and valve leaks. The current action, required by section 112(f) of the CAA, is to assess residual risks from this same source category, and develop additional emission standards, as necessary, to provide an ample margin of safety.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  09/00/08
  
  Final Action
  
  03/00/10
  
  Regulatory Flexibility Analysis Required: Undetermined
  
  Small Entities Affected: Businesses
  
  Government Levels Affected: None
  
  Additional Information: SAN No. 4663;
  
  Sectors Affected: 32411 Petroleum Refineries
  
  Agency Contact: Bob Lucas, Environmental Protection Agency, Air and
  
  Radiation, C439-03, RTP, NC 27709
  
  Phone: 919 541-0884
  
  Fax: 919 541-0246
  
  Email: lucas.bob@epamail.epa.gov
  
  Kent Hustvedt, Environmental Protection Agency, Air and Radiation,
  
  C439-03, RTP , NC 27709
  
  Phone: 919 541-5395
  
  Email: hustvedt.ken@epamail.epa.gov
  
  RIN: 2060-AK25
100. NATIONAL EMISSION STANDARDS FOR CHROMIUM EMISSIONS FROM HARD AND
  
  DECORATIVE CHROMIUM ELECTROPLATING AND CHROMIUM ANODIZING TANKS--
  
  RESIDUAL RISK STANDARDS
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 42 USC 7412
  
  CFR Citation: 40 CFR 63
  
  Legal Deadline: Final, Statutory, January 25, 2003.
  
  Abstract: A national emission standard for chromium emissions from hard and decorative chromium electroplating and chromium anodizing tanks was previously promulgated under section 112(d) of the Clean Air Act. That standard set emission limits for chromium emissions from hard and decorative chromium electroplating and chromium anodizing tanks. The
  
  Clean Air Act Section 112(f) requires us to assess within 8 years of promulgation of a NESHAP the remaining risk to the public and to develop additional more stringent standards if such standards are needed to protect the public health with an ample margin of safety.
  
  This action is to examine the remaining risk from hard and decorative chromium electroplating and chromium anodizing
  
  Page 23305
  
  tanks and, if warranted, to develop new risk-based standards.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  09/00/07
  
  Final Action
  
  11/00/08
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: Businesses
  
  Government Levels Affected: Federal, State
  
  Additional Information: SAN No. 4750;
  
  Agency Contact: Phil Mulrine, Environmental Protection Agency, Air and
  
  Radiation, C439-02, Research Triangle Park, NC 27711
  
  Phone: 919 541-5289
  
  Email: mulrine.phil@epamail.epa.gov
  
  Steve Fruh, Environmental Protection Agency, Air and Radiation, C439- 02, Research Triangle Park, NC 27709
  
  Phone: 919 541-2837
  
  Email: fruh.steve@epamail.epa.gov
  
  RIN: 2060-AK72
101. NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR
  
  STATIONARY COMBUSTION TURBINES- PETITION TO DELIST
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 42 USC 7401 et seq
  
  CFR Citation: 40 CFR 63
  
  Legal Deadline: None
  
  Abstract: The Agency has received a petition to remove the Gas Turbines source category from the list of hazardous air pollutant sources under section 112(c) of the Clean Air Act. The Agency must review the petition and either grant or deny the petition within 12 months of the date the complete petition is received. If the Agency grants the petition, a notice of proposed rulemaking will be published in the FR, allowing the opportunity for public comment. If the Agency denies the petition, a notice of denial will be published in the FR providing an explanation of the denial.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM--Delisting
  
  04/07/04
  
  69 FR 18327
  
  NPRM--STAY
  
  04/07/04
  
  69 FR 18338
  
  Final Action--STAY
  
  08/18/04
  
  69 FR 51184
  
  Final Action
  
  06/00/07
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: None
  
  Additional Information: SAN No. 4751;
  
  Sectors Affected: 3336 Engine, Turbine, and Power Transmission
  
  Equipment Manufacturing; 221112 Fossil Fuel Electric Power Generation
  
  Agency Contact: Kelly Rimer, Environmental Protection Agency, Air and
  
  Radiation, C404-01, Research Triangle Park, NC 27711
  
  Phone: 919 541-2962
  
  Fax: 919 541-1039
  
  Email: rimer.kelly@epamail.epa.gov
  
  Dave Guinnup, Environmental Protection Agency, Air and Radiation, C404- 01, Research Triangle Park, NC 27711
  
  Phone: 919 541-5368
  
  Email: guinnup.dave@epamail.epa.gov
  
  RIN: 2060-AK73
102. NESHAP: GROUP I POLYMERS AND RESINS--RESIDUAL RISK STANDARDS
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 42 USC 7401 et seq
  
  CFR Citation: Not Yet Determined
  
  Legal Deadline: Final, Statutory, September 6, 2004.
  
  Abstract: EPA developed technology-based standards for this source category under section 112(d) of the CAA, codified in 40 CFR Part 63,
  
  Subpart U. This source category covers process units used to manufacture elastomer products from raw materials. The current action, required by section 112(f) of the CAA, is to assess residual risks from this same source category, and develop additional emission standards, as necessary, to provide an ample margin of safety.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  10/00/07
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: None
  
  Additional Information: SAN No. 4656;
  
  Sectors Affected: 325212 Synthetic Rubber Manufacturing
  
  Agency Contact: Bob Rosensteel, Environmental Protection Agency, Air and Radiation, C504-04, Research Triangle Park, NC 27711
  
  Phone: 919 541-5608
  
  Fax: 919 541-3470
  
  Email: rosensteel.bob@epa.gov
  
  Robin Dunkins, Environmental Protection Agency, Air and Radiation,
  
  C504-04, Research Triangle Park, NC 27711
  
  Phone: 919 541-5335
  
  Fax: 919 541-3470
  
  Email: dunkins.robin@epamail.epa.gov
  
  RIN: 2060-AK12
103. NESHAP: GROUP IV POLYMERS AND RESINS--RESIDUAL RISK STANDARDS
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 42 USC 7401 et seq
  
  CFR Citation: Not Yet Determined
  
  Legal Deadline: Final, Statutory, September 12, 2004.
  
  Abstract: EPA developed technology-based standards for this source category under section 112(d) of the CAA, codified in 40 CFR part 63, subpart JJJ. This source category covers chemical process units used to manufacture thermoplastic products from raw materials. The current action, required by section 112(f) of the CAA, is to assess residual risks from this same source category, and develop additional emission standards, as necessary, to provide an ample margin of safety.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  10/00/07
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: None
  
  Additional Information: SAN No. 4658;
  
  Sectors Affected: 325211 Plastics Material and Resin Manufacturing
  
  Agency Contact: Bob Rosensteel, Environmental Protection Agency, Air and Radiation, C504-04, Research Triangle Park, NC 27711
  
  Phone: 919 541-5608
  
  Fax: 919 541-3470
  
  Email: rosensteel.bob@epa.gov
  
  Robin Dunkins, Environmental Protection Agency, Air and Radiation,
  
  Page 23306
  
  C504-04, Research Triangle Park, NC 27711
  
  Phone: 919 541-5335
  
  Fax: 919 541-3470
  
  Email: dunkins.robin@epamail.epa.gov
  
  RIN: 2060-AK15
104. IMPORTATION OF NONCONFORMING VEHICLES; AMENDMENTS TO REGULATIONS
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 42 USC 7522 CAA 203; 42 USC 7525 CAA 206; 42 USC 7541
  
  CAA 207; 42 USC 7542 CAA 208; 42 USC 7601 CAA 301; 42 USC 7522 CAA 203; 42 USC 7550 CAA 216; 42 USC 7601 CAA 301
  
  CFR Citation: 40 CFR 85
  
  Legal Deadline: None
  
  Abstract: This action will amend the regulations in 40 CFR part 85, subpart P to allow entry into the United States of vehicles which are originally sold in Canada and which are identical to their U.S. counterparts, without obtaining a certificate of conformity from EPA.
  
  This action is in response to a petition for review of import rules.
  
  The final rule also will address certain other issues in part 85, subpart P and subpart R, including: (1) formalizing a long-standing EPA policy regarding the importation of owned vehicles that are proven to be identical to a vehicle certified for sale in the United States; (2) establishing new emission standards applicable to imported nonconforming vehicles; (3) clarifying the regulatory language that concerns exclusions and exemptions from meeting Federal emission requirements; and (4) providing several minor clarifications to the existing regulations.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  03/24/94
  
  59 FR 13912
  
  Final Action
  
  05/00/07
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: None
  
  Additional Information: SAN No. 2665;
  
  Agency Contact: Bob Doyle, Environmental Protection Agency, Air and
  
  Radiation, 6405J, Washington, DC 20460
  
  Phone: 202 343-9258
  
  RIN: 2060-AI03
105. TRANSPORTATION CONFORMITY RULE AMENDMENT: CLARIFICATION OF TRADING
  
  PROVISIONS
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 42 USC 7401 to 7671 CAA 176(c)
  
  CFR Citation: 40 CFR 51; 40 CFR 93
  
  Legal Deadline: None
  
  Abstract: The transportation conformity rule, promulgated in November 1993, ensures that transportation and air quality planning are consistent with Clean Air Act air quality standards. The Open Market
  
  Trading Guidance provides guidance to states for establishing a method to quantify emissions reductions (called discrete emissions reductions or DERs) that can be traded among parties and how such trading should occur. This action will amend the transportation conformity rule to clarify how emissions trading could be reconciled in the conformity process.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  11/00/07
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: Undetermined
  
  Additional Information: SAN No. 3917;
  
  Agency Contact: Angela Spickard, Environmental Protection Agency, Air and Radiation, NFEVL, Ann Arbor, MI 48105
  
  Phone: 734 214-4238
  
  Email: spickard.angela@epamail.epa.gov
  
  RIN: 2060-AH31
106. INSPECTION/MAINTENANCE PROGRAM REQUIREMENTS FOR FEDERAL
  
  FACILITIES; AMENDMENT TO THE FINAL RULE
  
  Priority: Other Significant
  
  Legal Authority: 23 USC 101; 42 USC 7401 et seq
  
  CFR Citation: 40 CFR 51 (Revision); 40 CFR 93 (New)
  
  Legal Deadline: None
  
  Abstract: The Environmental Protection Agency (EPA) has had oversight and policy development authority for Inspection and Maintenance (I/M) programs since the passage of the Clean Air Act (CAA) in 1970. The 1977 amendments to the CAA mandated I/M for certain areas with long-term air quality problems and the 1990 amendments set forth standards for implementation of I/M programs. EPA used the statutory requirements of the Act, including I/M requirements for Federal facilities, to promulgate regulations which states would use in the development of their I/M State Implementation Plans (SIPs). Those rule requirements effectively gave States certain authorities over the Federal government. 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 w/NPRM
  
  12/00/07
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: Federal, State
  
  Additional Information: SAN No. 4348;
  
  Agency Contact: Buddy Polovick, Environmental Protection Agency, Air and Radiation, 6406, Ann Arbor, MI 48105
  
  Page 23307
  
  Phone: 734 214-4928
  
  Fax: 734 214-4052
  
  Email: polovick.buddy@epamail.epa.gov
  
  Sara Schneeberg, Environmental Protection Agency, Air and Radiation, 1200 Pennsylvania Ave NW, Washington, DC 20460
  
  Phone: 202 564-5592
  
  Email: schneeberg.sara@epamail.epa.gov
  
  RIN: 2060-AI97
107. CALIFORNIA GASOLINE TECHNICAL CORRECTION
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 42 USC 7414; 42 USC 7521(1); 42 USC 7545; 42 USC 7601(a)
  
  CFR Citation: 40 CFR 80.81(a)
  
  Legal Deadline: None
  
  Abstract: This rule corrects final regulations which were published in the Federal Register on March 29, 2001 (66 FR 17230). The corrected regulatory provision restores the definition of California gasoline as used in the enforcement exemptions for California gasoline under the regulation of fuels and fuel additives.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  Direct Final Action
  
  10/00/07
  
  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, 1200 Pennsylvania Ave, Washington, DC 48105
  
  Phone: 734 214-4287
  
  Email: brunner.christine@epamail.epa.gov
  
  RIN: 2060-AK56
108. 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 national ambient air quality standards (NAAQS). This action does not create any new requirements; it merely reinstitutes a requirement of the NOx SIP Call that had previously been stayed.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  To Be
  
  Determined
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: Local, State
  
  Additional Information: SAN No. 4797;
  
  Agency Contact: Jan King, Environmental Protection Agency, Air and
  
  Radiation, C539-02, RTP, NC 27711
  
  Phone: 919 541-5665
  
  Email: king.jan@epa.gov
  
  Doug Grano, Environmental Protection Agency, Air and Radiation, C539- 02, RTP, NC 20460
  
  Phone: 919 541-3292
  
  Fax: 919 541-0824
  
  Email: grano.doug@epamail.epa.gov
  
  RIN: 2060-AL84
109. CONSIDERATION OF INDUSTRY PETITION TO REMOVE THE 2-PIECE CAN
  
  SUBCATEGORY FROM THE CLEAN AIR ACT HAZARDOUS AIR POLLUTANT SOURCE
  
  CATEGORY LIST
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 42 USC 7401 et seq
  
  CFR Citation: 40 CFR 63
  
  Legal Deadline: None
  
  Abstract: The Agency has received a petition to remove the 2-piece Can subcategory from the Metal Can Surface Coating source category, which is on the list of hazardous air pollutant source categories under
  
  Section 112(c) of the Clean Air Act. The Agency must review the petition and either grant or deny the petition within 12 months of the date the complete petition is received. If the Agency grants the petition, a notice of proposed rulemaking will be published in the FR, allowing the opportunity for public comment. If the Agency denies the petition, a notice of denial will be published in the FR providing an explanation of the denial. The Can Manufacturers Association submitted the petition on November 4, 1996, and provided additional materials through April 4, 1999. At that time we determined the petition was complete. Because of the delisting of the HAP ethylene glycol butyl ether, there are not expected to be any sources in the subcategory.
  
  Consequently, there would be no sources subject to standards under section 112(d) or (f) of the Clean Air Act. EPA has notified the petitioner that there appears to be no benefit to delisting the subcategory, and the petitioner has tentatively agreed. However, since
  
  EPA has not received a notification of withdrawal of the petition, EPA continues to consider this a long-term action.
  
  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. 4799;
  
  Agency Contact: Mark Morris, Environmental Protection Agency, Air and
  
  Radiation, C404-01, Research Triangle Park, NC 27711
  
  Page 23308
  
  Phone: 919 541-5416
  
  Email: morris.mark@epamail.epa.gov
  
  Dave Guinnup, Environmental Protection Agency, Air and Radiation, C404- 01, Research Triangle Park, NC 27711
  
  Phone: 919 541-5368
  
  Email: guinnup.dave@epamail.epa.gov
  
  RIN: 2060-AL86
110. NESHAP: FERROALLOYS PRODUCTION: FERROMANGANESE AND SILICOMANGANESE
  
  RESIDUAL RISK STANDARDS
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 42 USC 7412
  
  CFR Citation: 40 CFR 63
  
  Legal Deadline: Final, Statutory, May 20, 2007.
  
  Abstract: EPA previously promulgated technology-based emission standards for this source category under section 112(d) of the Clean
  
  Air Act. The current action, required by section 112(f) of the Clean
  
  Air Act, is to assess residual risks remaining after the 112(d) standards take effect, and develop additional emission standard, as necessary, to provide an ample margin of safety.
  
  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. 4810;
  
  Agency Contact: Margaret Sieffert, Environmental Protection Agency, Air and Radiation, C439-02, Chicago, IL 60604
  
  Phone: 312 353-1151
  
  Email: sieffert.margaret@epamail.epa.gov
  
  Dave Guinnup, Environmental Protection Agency, Air and Radiation, C404- 01, Research Triangle Park, NC 27711
  
  Phone: 919 541-5368
  
  Email: guinnup.dave@epamail.epa.gov
  
  RIN: 2060-AL93
111. MINERAL WOOL PRODUCTION RESIDUAL RISK STANDARD
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: PL 91-190, sec 203; 42 USC 7401
  
  CFR Citation: 40 CFR 63.1175 to 63.1199
  
  Legal Deadline: None
  
  Abstract: The Mineral Wool NESHAP (MACT rule) for the mineral wool production source category was promulgated on June 1, 1999. Section 112(f)(2) of the Clean Air Act (CAA) directs us to assess the risk remaining (residual risk) after the application of control technology standards under section 112(d) (MACT). The EPA is to promulgate more stringent standards for a category or subcategory of sources subject to
  
  MACT standards under section 112(d) if promulgation of such standards is necessary to protect public health with an ample margin of safety or to prevent (taking into consideration various factors) adverse environmental effects. In particular, the CAA specifies the cancer risk of concern for setting more stringent standards. The CAA states that if the MACT standards do not reduce lifetime excess cancer risk to the individual most exposed to emissions. . . to less than one in one million, the Administrator shall promulgate standards under this subsection for such source categories. The standards to be promulgated under this subsection must provide an ample margin of safety to protect public health in accordance with this section (as in effect before the date of enactment of the Clean Air Act Amendments of 1990), unless the
  
  Administrator determines that a more stringent standard is necessary to prevent, taking into consideration costs, energy, safety, and other relevant factors, an adverse environmental impact. Section 112(f)(2)(B) expressly preserves EPA's interpretation of an ample margin of safety developed in the 1989 benzene NESHAP final rule. EPA will review the mineral wool production MACT standard and conduct analyses to determine whether the residual risk warrants further regulation. The CAA requires that the residual risk rules be promulgated (if necessary) within 8 years [nine for the 2-year bin standards] after the promulgation of the associated MACT standard.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  06/00/08
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: Businesses
  
  Government Levels Affected: None
  
  Additional Information: SAN No. 4825; Legal: Legislative deadline for the residual risk rule is 8 years after promulgation of that source category's MACT rule.
  
  Agency Contact: Susan Fairchild, Environmental Protection Agency, Air and Radiation, C-504-05, RTP, NC 27711
  
  Phone: 919 541-5167
  
  Fax: 919 541-5600
  
  Email: fairchild.susan@epamail.epa.gov
  
  David Cozzie, Environmental Protection Agency, Air and Radiation, C504- 04, RTP, NC 27711
  
  Phone: 919 541-5356
  
  Fax: 919 541-3207
  
  Email: cozzie.david@epamail.epa.gov
  
  RIN: 2060-AL96
112. NESHAP FOR FLEXIBLE POLYURETHANE FOAM PRODUCTION: RESIDUAL RISK
  
  STANDARDS
  
  Priority: Substantive, Nonsignificant
  
  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 1998 under section 112(d) of the Clean Air Act.
  
  These standards are codified at 40 CFR Part 63, Subpart III. The current action, required by section 112(f) of the Clean Air Act, is to assess residual risks that remain once that standard becomes effective, and develop additional emission standards, as necessary, to provide an ample margin of safety.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  08/00/07
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: Undetermined
  
  Additional Information: SAN No. 4831;
  
  Page 23309
  
  Agency Contact: Maria Noell, Environmental Protection Agency, Air and
  
  Radiation, C504-04, Research Triangle Park, NC 27711
  
  Phone: 919 541-5607
  
  Email: noell.maria@epamail.epa.gov
  
  Robin Dunkins, Environmental Protection Agency, Air and Radiation,
  
  C504-04, Research Triangle Park, NC 27711
  
  Phone: 919 541-5335
  
  Fax: 919 541-3470
  
  Email: dunkins.robin@epamail.epa.gov
  
  RIN: 2060-AL99
113. NESHAP: PHARMACEUTICALS PRODUCTION: RESIDUAL RISK STANDARDS
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 42 USC 7412
  
  CFR Citation: 40 CFR 63
  
  Legal Deadline: Final, Statutory, October 21, 2010, Residual risk standards if necessary, otherwise, finding of no residual risk.
  
  Abstract: EPA promulgated technology-based emission standards for this source category in 1998 under section 112(d) of the Clean Air Act.
  
  These standards are codified at 40 CFR part 63, subpart FFF. The current action, required by section 112(f) of the Clean Air Act, is to assess residual risk that remains once that rule becomes effective, and develop additional emission standards, as necessary, to provide an ample margin of safety.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  02/00/08
  
  Final Action
  
  02/00/09
  
  Regulatory Flexibility Analysis Required: Undetermined
  
  Small Entities Affected: Businesses
  
  Government Levels Affected: Federal, State
  
  Additional Information: SAN No. 4832;
  
  Agency Contact: Randy McDonald, Environmental Protection Agency, Air and Radiation, C504-04, Research Triangle Park, NC 27711
  
  Phone: 919 541-5402
  
  Fax: 919 541-3470
  
  Email: mcdonald.randy@epamail.epa.gov
  
  Robin Dunkins, Environmental Protection Agency, Air and Radiation,
  
  C504-04, Research Triangle Park, NC 27711
  
  Phone: 919 541-5335
  
  Fax: 919 541-3470
  
  Email: dunkins.robin@epamail.epa.gov
  
  RIN: 2060-AM00
114. CONTROL OF EMISSIONS FROM NEW LOCOMOTIVES AND NEW MARINE DIESEL
  
  ENGINES LESS THAN 30 LITERS PER CYLINDER
  
  Priority: Economically Significant. Major under 5 USC 801.
  
  Unfunded Mandates: Undetermined
  
  Legal Authority: 42 USC 7522 - 7621
  
  CFR Citation: 40 CFR 92 and 94
  
  Legal Deadline: None
  
  Abstract: Emissions from locomotive and marine diesel engines contribute significantly to unhealthful levels of ambient particulate matter and ozone in many parts of the United States. These engines are highly mobile and are not easily controlled at a State or local level.
  
  EPA currently regulates the manufacturers of these engines when they are produced or remanufactured at a level similar to early 1990s on- highway diesel trucks. This rulemaking will propose to set an additional tier of more stringent particulate matter and nitrogen oxides emission standards for new marine diesel engines below 30 liters per cylinder (Category 1 and Category 2 marine diesel engines) and new locomotive engines. The standards under consideration are expected to be based on the use of high-efficiency aftertreatment technologies like those that will be used to meet EPA's recent heavy-duty and nonroad diesel standards. These technologies, which could reduce emissions by 90 percent, would be enabled by the availability and use of low sulfur diesel fuel.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  ANPRM
  
  06/29/04
  
  69 FR 39276
  
  NPRM
  
  05/00/07
  
  Final Action
  
  05/00/08
  
  Regulatory Flexibility Analysis Required: Yes
  
  Small Entities Affected: Businesses
  
  Government Levels Affected: Federal
  
  Additional Information: SAN No. 4871;
  
  Agency Contact: Jean--Marie Revelt, Environmental Protection Agency,
  
  Air and Radiation, 6401A, Washington, DC 20460
  
  Phone: 734 214-4822
  
  Email: revelt.jean-marie@epamail.epa.gov
  
  RIN: 2060-AM06
115. NESHAP: AREA SOURCE STANDARDS--GLASS MANUFACTURING INDUSTRY
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: The Clean Air Act (42 USC 7401 to 7626)
  
  CFR Citation: Not Yet Determined
  
  Legal Deadline: Final, Statutory, November 15, 2000.
  
  Abstract: Section 112 of the Clean Air Act (CAA) outlines the statutory requirements for the EPA's stationary source air toxics program. This component includes the development of maximum achievable control technology (MACT) standards and generally available control technology
  
  (GACT) standards under section 112(d), the area source program developed under section 112(k), residual risk standards under 112(f), and other standards to regulate emissions of air toxics from specific sources. The section 112(k) area source strategy addresses area source contributions of air toxic substances. With the finalization of the
  
  Integrated Urban Air Toxics Strategy in July of 1999, the EPA introduced and outlined its ``risk based'' air toxics program, which includes both regulatory and non-regulatory programs and actions.
  
  Section 112(k) requires the development of standards for area sources which account for 90 percent of the emissions in urban areas of the 33 urban hazardous air pollutants (HAP) listed in the Integrated Urban Air
  
  Toxics Strategy. The Integrated Urban Air Toxics Strategy lists the goals of the EPA's air toxics program, which are as follows: (1) Reduce the incidence of cancer attributable to exposure to hazardous air pollutants by 75 percent nationally; (2) reduce national non-cancer risks substantially; and (3) address risks which are disproportionately posed on specific sub-populations and geographic areas. In order to accomplish these goals, the EPA has integrated its air toxics program into four components. The first component is source specific regulatory programs. These area source standards can require control levels which are equivalent to either MACT or GACT, as defined in section 112.
  
  Page 23310
  
  The processes involved in glass manufacturing include raw material storage, handling and mixing, high temperature (usually furnace) melting, forming, coating, and other processes specific to particular products. The hazardous air pollutants (HAP) emitted from glass manufacturing includes lead, arsenic, mercury, cobalt, nickel, chromium, hydrogen fluoride, hydrochloric acid, glycol ethers, methyl ethyl ketone, xylene, 1,2,4-trimethyl benzene, n-butyl alcohol, toluene, methyl isobutyl ketone, m-xylene, 1,1-dichloro-1-fluoroethane, methanol, selenium, styrene, sec-butyl alcohol, manganese, antimony, barium, chlorine, phenol and formaldehyde. In 1986, EPA promulgated the
  
  NESHAP for Inorganic Arsenic Emissions From Glass Manufacturing Plants.
  
  Since that time, EPA has re-evaluated both the carcinogenicity assessment (4/10/1998) and the oral RfD assessment (02/01/1993) for arsenic. In reference to the regulations addressing area sources, section 112(c)(3) states, ``such regulations shall be promulgated not later than 10 years after such date of enactment'' (CAA). Approximately 150 facilities currently operate in the US producing containers, flat glass, industrial glass fiber and specialty glass. The specialty glass subcategory includes lighting, lead crystal, art glass, opthalmic lenses, tableware, optical glass fiber, and technical glass components and products. Two small businesses exist in the source category, both of which manufacture containers. It is unknown at this time whether these facilities will be affected by the rule (i.e., whether they use toxic raw materials in the furnace or coatings processes). Glass manufacturers use toxic raw materials in the furnace or in coating operations to impart specific properties to the final product. About 1500 tons per year of HAP are released into the ambient air by glass manufacturing plants. Toxic emission sources include raw material storage, furnace and melting operations and coating processes. Air pollution control devices are generally available for toxic emission points within the glass manufacturing industry. It is anticipated at this time that glass manufacturers not using toxics would not be subject to the rule.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  12/00/08
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: Undetermined
  
  Additional Information: SAN No. 4873;
  
  Agency Contact: Susan Fairchild, Environmental Protection Agency, Air and Radiation, C-504-05, RTP, NC 27711
  
  Phone: 919 541-5167
  
  Fax: 919 541-5600
  
  Email: fairchild.susan@epamail.epa.gov
  
  David Cozzie, Environmental Protection Agency, Air and Radiation, C504- 04, RTP, NC 27711
  
  Phone: 919 541-5356
  
  Fax: 919 541-3207
  
  Email: cozzie.david@epamail.epa.gov
  
  RIN: 2060-AM12
116. NESHAP: AREA SOURCE STANDARDS -- ACRYLIC/MODACRYLIC FIBER (AMF)
  
  PRODUCTION
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 42 USC. 7412
  
  CFR Citation: 40 CFR 63
  
  Legal Deadline: NPRM, Statutory, September 15, 2005.
  
  Final, Statutory, September 15, 2006.
  
  Abstract: This regulation is being pursued under the Clean Air Act,
  
  Section 112(k). Under section 112(k), EPA developed a national strategy to address air-toxic pollution from ``area'' sources, which are sources consisting of several small pollution sources grouped within one site.
  
  As part of that strategy, several area-source categories were listed for possible regulation. Acrylic/Modacrylic fiber production sources was listed as one of those categories, and this rulemaking will address measures to control pollution from AMF facilities. One facility has been identified.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  01/00/08
  
  Regulatory Flexibility Analysis Required: Undetermined
  
  Government Levels Affected: None
  
  Additional Information: SAN No. 4860; There is only one existing facility in the USA that will be subject to this rule. The facility is currently meeting the standards for major sources under 40 CFR 63
  
  Subpart YY.
  
  Agency Contact: Bob Rosensteel, Environmental Protection Agency, Air and Radiation, C504-04, Research Triangle Park, NC 27711
  
  Phone: 919 541-5608
  
  Fax: 919 541-3470
  
  Email: rosensteel.bob@epa.gov
  
  Ken Hustvedt, Environmental Protection Agency, Air and Radiation, C439- 03, RTP, NC 27709
  
  Phone: 919 541-5395
  
  Fax: 919 685-3200
  
  Email: hustvedt.ken@epamail.epa.gov
  
  RIN: 2060-AM13
117. PROTECTION OF STRATOSPHERIC OZONE: RESTRICTION ON THE SALES OF
  
  PRE-CHARGED SPLIT SYSTEMS
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: Not Yet Determined
  
  CFR Citation: Not Yet Determined
  
  Legal Deadline: None
  
  Abstract: On January 27, 1995, the Environmental Protection Agency
  
  (EPA) temporarily stayed the sales and distribution restriction for class I and class II ozone-depleting substances (ODSs) used as refrigerants, as it applies to refrigerant contained in appliances without fully assembled refrigerant circuits (i.e., split system air conditioners). On May 9, 1995, EPA extended the stay on the sales and distribution prohibition for class I and class II ODSs used as refrigerants, only as it applies to split systems consisting of parts that are pre-charged with a class I or class II ODS. Today's action proposes to rescind the partial stay, and proposes to restrict the sale of split systems consisting of parts that are pre-charged with a class
  
  I or class II ODS, to section 608 technicians certified in accordance with the applicable refrigerant regulations.
  
  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. 4851;
  
  URL For More Information:
  
  Page 23311
  
  www.epa.gov\ozone\title6\608
  
  Agency Contact: Jabeen Akhtar, Environmental Protection Agency, Air and
  
  Radiation, C339-03, Washington, DC 20460
  
  Phone: 919 541-0503
  
  Fax: 919 541-5509
  
  Email: akhtar.jabeen@epamail.epa.gov
  
  RIN: 2060-AM15
118. NESHAP: OIL AND NATURAL GAS PRODUCTION RESIDUAL RISK STANDARDS
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 42 USC 7412
  
  CFR Citation: 40 CFR 63.760-63.779
  
  Legal Deadline: Final, Statutory, June 17, 2007.
  
  Abstract: EPA promulgated technology-based emission standards for this source category in 1999 under section 112(d) of the Clean Air Act.
  
  These standards are codified at 40 CFR part 63, subpart HH. The current action, required by section 112(f) and d(6) of the Clean Air Act, is to assess residual risk that remains once that rule becomes effective, and develop additional emission standards, as necessary, to provide an ample margin of safety; and to review the MACT standards promulgated in 1999 for developments in practices, processes and control technologies and revise, as necessary, existing standards.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  07/00/07
  
  Regulatory Flexibility Analysis Required: Undetermined
  
  Government Levels Affected: Undetermined
  
  Additional Information: SAN No. 4847;
  
  Agency Contact: Greg Nizich, Environmental Protection Agency, Air and
  
  Radiation, C439-03, Research Triangle Park, NC 27709
  
  Phone: 919 541-3078
  
  Email: nizich.greg@epamail.epa.gov
  
  Kent Hustvedt, Environmental Protection Agency, Air and Radiation,
  
  C439-03, RTP , NC 27709
  
  Phone: 919 541-5395
  
  Email: hustvedt.ken@epamail.epa.gov
  
  RIN: 2060-AM18
119. NESHAP: AREA SOURCE STANDARDS--INDUSTRIAL INORGANIC CHEMICALS
  
  MANUFACTURING
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 42 USC 7401 et seq
  
  CFR Citation: 40 CFR 63
  
  Legal Deadline: None
  
  Abstract: This rule will regulate hazardous air pollutant (HAP) emissions from the industrial inorganic chemicals manufacturing industry. This source category was listed for regulation under the
  
  Urban Air Toxic Strategy to address HAP emissions from area sources.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  01/00/09
  
  Regulatory Flexibility Analysis Required: Undetermined
  
  Government Levels Affected: Undetermined
  
  Additional Information: SAN No. 4874;
  
  Agency Contact: Rick Colyer, Environmental Protection Agency, Air and
  
  Radiation, C504-05, Research Triangle Park, NC 27711
  
  Phone: 919 541-5262
  
  Fax: 919 541-5600
  
  Email: colyer.rick@epamail.epa.gov
  
  David Cozzie, Environmental Protection Agency, Air and Radiation, C504- 04, RTP, NC 27711
  
  Phone: 919 541-5356
  
  Fax: 919 541-3207
  
  Email: cozzie.david@epamail.epa.gov
  
  RIN: 2060-AM19
120. 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 a 2-generation reproductive effects study. That study is now complete. On October 17, 2003, the ACC submitted an addendum to the 1997 petition which includes: the results of the 2-generation reproductive effects study, a presentation of the updated EPA IRIS file for MIBK, updated air dispersion modeling and an analysis of potential transformation products. Based on this new submission, the ACC requested that EPA reopen its review of the MIBK petition. EPA did reopen its review of the petition. However, since the last submittal by the petitioner, a 2- year MIBK bioassay by the National Toxicology Program (NTP) has been completed. A draft report of this study was reviewed by the NT Board of
  
  Scientific Counselors Technical Reports Review Subcommittee, which accepted unanimously the conclusions in the report that there is some evidence of carcinogenic activity of MIBK. EPA has notified the petitioner that further review of the petition will require that the petitioner submit information regarding the relevance of the NTP study and a risk characterization for the human risk of cancer from MIBK exposures, which would include the derivation of a cancer unit risk estimate. Given the significant time that will be necessary to prepare and submit this information, we are considering the MIBK petition review a long-term action.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  Notice
  
  07/19/04
  
  69 FR 42954
  
  NPRM
  
  To Be
  
  Determined
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: None
  
  Additional Information: SAN No. 4849;
  
  Agency Contact: Mark Morris, Environmental Protection Agency, Air and
  
  Radiation, C404-01, Research Triangle Park, NC 27711
  
  Phone: 919 541-5416
  
  Email: morris.mark@epamail.epa.gov
  
  Dave Guinnup, Environmental Protection Agency, Air and Radiation, C404- 01, Research Triangle Park, NC 27711
  
  Phone: 919 541-5368
  
  Email: guinnup.dave@epamail.epa.gov
  
  RIN: 2060-AM20
  
  Page 23312
121. STRATEGY FOR ADDRESSING AIR EMISSIONS FROM ANIMAL FEEDING
  
  OPERATIONS
  
  Priority: Other Significant
  
  Legal Authority: 12 USC 1701 et seq
  
  CFR Citation: Not Yet Determined
  
  Legal Deadline: None
  
  Abstract: This notice describes a strategy for addressing air emissions from animal feeding operations (AFOs). In this notice, we summarize the public concerns that have been raised about emissions from AFOs and explain the substantial scientific uncertainties pertaining to emission levels, public health and welfare effects, and emission control techniques for this industry. Resolving all the uncertainties will require substantial time and research. Nevertheless, some cost effective management practices for reducing emissions are available today, and the use of these practices will mitigate some of the adverse effects of these emissions. Early public input is sought on a set of goals for an emission control program for AFOs and on an intended regulatory approach to begin reducing AFO emissions and solving some of the environmental problems based on information that is available today.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  05/00/08
  
  Regulatory Flexibility Analysis Required: Undetermined
  
  Government Levels Affected: Undetermined
  
  Additional Information: SAN No. 4865;
  
  Agency Contact: Bill Schrock, Environmental Protection Agency, Air and
  
  Radiation, C504-04, Research Triangle Park, NC 27711
  
  Phone: 919 541-5032
  
  Email: schrock.bill@epa.gov
  
  Robin Dunkins, Environmental Protection Agency, Air and Radiation,
  
  C504-04, Research Triangle Park, NC 27711
  
  Phone: 919 541-5335
  
  Fax: 919 541-3470
  
  Email: dunkins.robin@epamail.epa.gov
  
  RIN: 2060-AM26
122. NESHAP: AREA SOURCE STANDARDS--PLATING AND POLISHING
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: Clean Air Act Section 112
  
  CFR Citation: 40 CFR Part 63
  
  Legal Deadline: Final, Statutory, November 30, 2000.
  
  Abstract: Section 112 of the Clean Air Act (CAA) outlines the statutory requirements for the EPA's stationary source air toxics program.
  
  Section 112(k) requires the development of standards for area sources which account for 90 percent of the emissions in urban areas of the 33 urban hazardous air pollutants (HAP) listed in the Integrated Urban Air
  
  Toxics Strategy. These area source standards can require control levels which are equivalent to either maximum achievable control technology
  
  (MACT) or generally available control technology (GACT), as defined in section 112. The Integrated Urban Air Toxics Strategy lists plating and polishing as an area source category.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  03/00/08
  
  Regulatory Flexibility Analysis Required: Undetermined
  
  Government Levels Affected: Undetermined
  
  Additional Information: SAN No. 4886;
  
  Agency Contact: Donna Jones, Environmental Protection Agency, Air and
  
  Radiation, MD-C439-02, RTP, NC 27711
  
  Phone: 919 541-5251
  
  Email: jones.donnalee@epa.gov
  
  Steve Fruh, Environmental Protection Agency, Air and Radiation, C439- 02, Research Triangle Park, NC 27709
  
  Phone: 919 541-2837
  
  Email: fruh.steve@epamail.epa.gov
  
  RIN: 2060-AM37
123. AREA SOURCE NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR
  
  POLLUTANTS (NESHAP) FOR INDUSTRIAL, COMMERCIAL, AND INSTITUTIONAL
  
  BOILERS
  
  Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined.
  
  Unfunded Mandates: Undetermined
  
  Legal Authority: Clean Air Act sec 112
  
  CFR Citation: 40 CFR 63
  
  Legal Deadline: Final, Statutory, November 30, 2000.
  
  Abstract: Section 112 of the Clean Air Act (CAA) outlines the statutory requirements for EPA's stationary source air toxics program. Section 112(k) requires development of standards for area sources which account for 90 percent of the emissions in urban areas of the 33 urban hazardous pollutants (HAP) listed in the Integrated Urban Air Toxics
  
  Strategy. These area source standards can require control levels which are equivalent to either maximum achievable control technology (MACT) or generally available control technology (GACT). The Integrated Air
  
  Toxics Strategy lists industrial boilers and commercial/institutional boilers as area source categories.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  04/00/07
  
  Regulatory Flexibility Analysis Required: Undetermined
  
  Small Entities Affected: Businesses, Governmental Jurisdictions,
  
  Organizations
  
  Government Levels Affected: Undetermined
  
  Additional Information: SAN No. 4884;
  
  Agency Contact: Jim Eddinger, Environmental Protection Agency, Air and
  
  Radiation, C439-01, RTP, NC 20460
  
  Phone: 919 541-5426
  
  Fax: 919 541-5450
  
  Email: eddinger.jim@epamail.epa.gov
  
  Robert J Wayland, Environmental Protection Agency, Air and Radiation,
  
  C439-01, RTP, NC 27711
  
  Phone: 919 541-1045
  
  Fax: 919 541-5450
  
  Page 23313
  
  Email: wayland.robertj@epamail.epa.gov
  
  RIN: 2060-AM44
124. PREVENTION OF SIGNIFICANT DETERIORATION (PSD) AND NONATTAINMENT
  
  NEW SOURCE REVIEW (NSR): ROUTINE MAINTENANCE, REPAIR AND REPLACEMENT
  
  (RMRR); MAINTENANCE AND REPAIR AMENDMENTS
  
  Priority: Other Significant
  
  Legal Authority: 42 USC 7401 et seq
  
  CFR Citation: 40 CFR 51.165; 40 CFR 51.166.; 40 CFR 52.21
  
  Legal Deadline: None
  
  Abstract: This rulemaking is a follow up to SAN 4676, which is a final rule that specifies categories of equipment replacement activities that would qualify as ``routine maintenance, repair, and replacement''
  
  (RMRR) under the Clean Air Act's New Source Review (NSR) Program (40
  
  CFR parts 51 and 52). SAN 4676's final action -- referred to as the
  
  ``equipment replacement provision'' (ERP) -- was promulgated in the
  
  Federal Register on 10/27/03 (68 FR 61248). The action summarized here,
  
  SAN 4676.3, when finalized, will establish a regulatory definition for maintenance and repair activities (that are not equipment replacements) that qualify for the RMRR Exclusion from Major NSR. We previously proposed options for this SAN in our RMRR proposal on 12/31/02 (67 FR 80920). However, this action will propose and take comments on an additional approach.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  To Be
  
  Determined
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: Federal, State, Local, Tribal
  
  Federalism: Undetermined
  
  Additional Information: SAN No. 4676.3; Split from RIN 2060-AK28
  
  Agency Contact: Jabeen Akhtar, Environmental Protection Agency, Air and
  
  Radiation, C339-03, Washington, DC 20460
  
  Phone: 919 541-0503
  
  Fax: 919 541-5509
  
  Email: akhtar.jabeen@epamail.epa.gov
  
  David Painter, Environmental Protection Agency, Air and Radiation,
  
  C339-03, Washington, DC 20460
  
  Phone: 919 541-5515
  
  Email: painter.david@epamail.epa.gov
  
  RIN: 2060-AM62
125. REQUEST FOR COMMENTS ON POTENTIALLY INADEQUATE MONITORING IN CLEAN
  
  AIR APPLICABLE REQUIREMENTS AND ON METHODS TO IMPROVE SUCH MONITORING
  
  Priority: Other Significant
  
  Legal Authority: 42 USC 7401 et seq
  
  CFR Citation: 40 CFR part 60; 40 CFR part 61
  
  Legal Deadline: None
  
  Abstract: Meeting with new Division Director will be scheduled after office reorganization is complete. Next steps to be decided during that meeting.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  ANPRM
  
  02/16/05
  
  70 FR 7905 60 day extension to public comment period 1
  
  04/15/05
  
  70 FR 19914
  
  NPRM
  
  05/00/07
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: None
  
  Additional Information: SAN No. 4699.1; Split from RIN 2060-AK29;
  
  Individual Document id in the EPA docket: http://www.epa.gov/edocket
  
  Agency Contact: Barrett Parker, Environmental Protection Agency, Air and Radiation, C330-02, Research Triangle Park, NC 27711
  
  Phone: 919 541-5365
  
  Fax: 919 541-1039
  
  Email: parker.barrett@epa.gov
  
  Peter Westlin, Environmental Protection Agency, Air and Radiation,
  
  C339-02, Research Triangle Park, NC 27711
  
  Phone: 919 541-1058
  
  Fax: 919 541-1039
  
  Email: westlin.peter@epa.gov
  
  RIN: 2060-AM63
126. AREA SOURCE NESHAP FOR PRIMARY NONFERROUS METALS - ZN, CD, BE
  
  Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined.
  
  Unfunded Mandates: Undetermined
  
  Legal Authority: Clean Air Act Section 112
  
  CFR Citation: 40 CFR Part 63
  
  Legal Deadline: Final, Statutory, November 30, 2000.
  
  Abstract: Section 112 of the Clean Air Act (CAA) outlines the statutory requirements for the EPA's stationary source air toxics program.
  
  Section 112(k) requires the development of standards for area sources which account for 90 percent of the emissions in urban areas of the 33 urban hazardous air pollutants (HAP) listed in the Integrated Urban Air
  
  Toxics Strategy. These source standards can require control levels which are equivalent to either maximum achievable control technology
  
  (MACT) or generally available control technology (GACT), as defined in section 112. There are 2 primary zinc smelters in the U.S. which process zinc sulfide ore concentrates to produce metallic zinc or zinc oxide. Currently, only one company produces primary cadmium as a by- product of smelting and refining zinc metal from sulfide ore. One of these facilities will shut down in February 2006. There are currently no producers of primary beryllium in the U.S. Pollutants of interest for the Primary Nonferrous Metals -Zn, Cd, Be Area Source NESHAP are cadmium, lead, and nickel.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  04/00/07
  
  Regulatory Flexibility Analysis Required: Undetermined
  
  Government Levels Affected: Undetermined
  
  Federalism: Undetermined
  
  Additional Information: SAN No. 4887;
  
  Agency Contact: Karen Rackley, Environmental Protection Agency, Air and
  
  Radiation, C439-02, RTP, NC 27711
  
  Phone: 919 541-0634
  
  Fax: 919 541-3207
  
  Email: rackley.karen@epa.gov
  
  Page 23314
  
  Steve Fruh, Environmental Protection Agency, Air and Radiation, C439- 02, Research Triangle Park, NC 27709
  
  Phone: 919 541-2837
  
  Email: fruh.steve@epamail.epa.gov
  
  RIN: 2060-AM69
127. AREA SOURCE NESHAP FOR SECONDARY NONFERROUS METALS
  
  Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined.
  
  Unfunded Mandates: Undetermined
  
  Legal Authority: Not Yet Determined
  
  CFR Citation: Not Yet Determined
  
  Legal Deadline: Final, Statutory, November 30, 2000.
  
  Abstract: Section 112 of the Clean Air Act (CAA) requires the development of standards for area sources which account for 90% of the emissions in urban areas of the 33 urban hazardous air pollutants (HAP) listed in the Integrated Urban Air Toxics Strategy. The secondary nonferrous metals source category includes establishments primarily engaged in recovering nonferrous metals and alloys from new and used scrap and dross or in producing alloys from purchased refined metals.
  
  This industry includes establishments engaged in both the recovery and alloying of precious metals. Plants engaged in the recovery of tin through secondary smelting and refining, as well as by chemical processes, are included in this industry. Secondary refining and smelting produces metals from scrap and process waste. Scrap is bits and pieces of metal parts, bars, turnings, sheets, and wire that are off-specification or worn-out but are capable of being recycled. Two metal recovery technologies are generally used to produce refined metals. Pyrometallurgical technologies are processes that use heat to separate desired metals from other less or undesirable materials, while hydrometallurgical technologies the desired metals are separated from undesirables using techniques that capitalize on differences between constituent solubilities and/or electrochemical properties while in aqueous solutions. The secondary nonferrous metals source category is listed to address some of the urban metal HAP's like lead and chromium compounds in addition to arsenic.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  12/00/07
  
  Regulatory Flexibility Analysis Required: Undetermined
  
  Government Levels Affected: Undetermined
  
  Federalism: Undetermined
  
  Additional Information: SAN No. 4888;
  
  Agency Contact: Iliam Rosario, Environmental Protection Agency, Air and
  
  Radiation, C439-02, Research Triangle Park, NC 27711
  
  Phone: 919 541-5308
  
  Fax: 919 541-1039
  
  Email: rosario.iliam@epamail.epa.gov
  
  Steve Fruh, Environmental Protection Agency, Air and Radiation, C439- 02, Research Triangle Park, NC 27709
  
  Phone: 919 541-2837
  
  Email: fruh.steve@epamail.epa.gov
  
  RIN: 2060-AM70
128. NESHAP: PLASTIC PARTS AND PRODUCTS (SURFACE COATING)--AREA SOURCE
  
  RULE
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: Clean Air Act Section 112
  
  CFR Citation: 40 CFR Part 63
  
  Legal Deadline: None
  
  Abstract: These standards are being developed under the Clean Air Act,
  
  Section 112(k). Under section 112(k), EPA developed a national strategy to address air-toxic pollution from ``area'' sources, which are sources that emit hazardous air pollutants (HAP) below the major source level of 10 tons/year of a single HAP or 25 tons/year of all HAP. As part of that strategy, several area-source categories were listed for regulation. Plastic parts and products was listed as one of those categories, and these standards will establish requirements to control pollution from facilities engaged in the surface coating of miscellaneous parts and products comprised of metal and plastic substrates. Plastic parts and products surface coating facilities are known to emit cadmium compounds, chromium compounds, lead compounds, manganese compounds, and nickel compounds. In 2004, EPA promulgated national emission standards for hazardous air pollutants (NESHAP) for major sources engaged in the surface coating of plastic parts and products.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  12/00/07
  
  Regulatory Flexibility Analysis Required: Undetermined
  
  Small Entities Affected: Businesses
  
  Government Levels Affected: None
  
  Additional Information: SAN No. 4955;
  
  Agency Contact: Kim Teal, Environmental Protection Agency, Air and
  
  Radiation, C539-03, Research Triangle Park, NC 27711
  
  Phone: 919 541-5580
  
  Fax: 919 541-3470
  
  Email: teal.kim@epa.gov
  
  Robin Dunkins, Environmental Protection Agency, Air and Radiation,
  
  C504-04, Research Triangle Park, NC 27711
  
  Phone: 919 541-5335
  
  Fax: 919 541-3470
  
  Email: dunkins.robin@epamail.epa.gov
  
  RIN: 2060-AN08
129. PROTECTION OF STRATOSPHERIC OZONE: LISTING OF SUBSTITUTES FOR
  
  OZONE-DEPLETING SUBSTANCES IN FOAM BLOWING
  
  Priority: Other Significant
  
  Legal Authority: Clean Air Act Section 612
  
  CFR Citation: 40 CFR part 82
  
  Legal Deadline: None
  
  Abstract: EPA is initiating this rulemaking in response to a DC Circuit action. In July 2004, the DC Circuit Court vacated a portion of an SNAP
  
  Final Rule published on July 22, 2002 (67 FR 47703). This rule responds to that vacature and would rule on the use of HCFC-22 and -142b as substitutes for HCFC-141b in foam blowing. This rule will address effects of stratospheric ozone depletion and health and environmental impacts of substitutes for ozone-depleting substances. The ultimate impact will be to reduce skin cancer, cataracts, and other adverse impacts of ozone depletion.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  11/04/05
  
  70 FR 67120
  
  Final Action
  
  04/00/07
  
  Page 23315
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: Businesses
  
  Government Levels Affected: None
  
  Additional Information: SAN No. 4959;
  
  URL For More Information: www.epa.gov\ozone\title6
  
  Agency Contact: Suzanne Kocchi, Environmental Protection Agency, Air and Radiation, 1200 Pennsylvania Ave, Washington, DC 20460
  
  Phone: 202 343-9387
  
  Email: kocchi.suzanne@epamail.epa.gov
  
  Jeff Cohen, Environmental Protection Agency, Air and Radiation, 6205J,
  
  Washington, DC 20460
  
  Phone: 202 343-9005
  
  Fax: 202 343-2363
  
  Email: cohen.jeff@epa.gov
  
  RIN: 2060-AN11
130. ADVANCE NOTICE FOR INFORMATION ON DETERMINING THE EMISSIONS
  
  REDUCTIONS ACHIEVED FROM LIMITING THE VOC CONTENT OF ARCHITECTURAL
  
  COATINGS
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: CAAA section 110
  
  CFR Citation: 40 CFR 51
  
  Legal Deadline: None
  
  Abstract: This action is an Advanced Notice of Proposed Rulemaking
  
  (ANPRM) to discuss and take comment on approaches for calculating emission reductions from the national architectural and Industrial maintenance (AIM) coating rule and other architectural rules. Review of the comments received could result in a rule or policy guidance on calculation methodology.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  ANPRM
  
  08/31/05
  
  70 FR 51694
  
  Comment Period Extended
  
  10/13/05
  
  70 FR 59680
  
  Second Comment Period Extended 12/20/05
  
  70 FR 75439
  
  NPRM
  
  To Be
  
  Determined
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: None
  
  Additional Information: SAN No. 5009;
  
  Agency Contact: David Sanders, Environmental Protection Agency, Air and
  
  Radiation, C539-02, Research Triangle Park, NC 27711
  
  Phone: 919 541-3356
  
  Fax: 919 541-0824
  
  Email: sanders.dave@epa.gov
  
  Marcia Spink, Environmental Protection Agency, Air and Radiation, 3AP20, Research Triangle Park, NC 27705
  
  Phone: 215 814-2104
  
  Fax: 215 814-2124
  
  Email: spink.marcia@epa.gov
  
  RIN: 2060-AN42
131. NESHAP: AREA SOURCE STANDARDS--LEAD ACID BATTERY MANUFACTURING
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 42 USC 7412
  
  CFR Citation: 40 CFR 63
  
  Legal Deadline: None
  
  Abstract: Section 112(k)(3) of the Clean Air Act requires EPA to prepare a comprehensive strategy to control emissions of hazardous air pollutants (HAPs) from area sources in urban areas. The strategy must identify at least 30 HAPs that, as the result of emissions from area sources, present the greatest threat to public health in urban areas.
  
  The strategy must also identify the source categories that emit the listed urban HAPs. EPA must subject to regulation those listed source categories such that 90 percent of the aggregate emissions of the urban
  
  HAPs are subjected to standards. The strategy was published on July 19, 1999, and listed Lead Acid Battery Manufacturing as one of the area source categories emitting at least one of the urban HAPs. As such, EPA is required to subject the Lead Acid Battery Manufacturing source category to regulations issued under Section 112(d). This rulemaking will satisfy this mandate.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  10/00/08
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: Undetermined
  
  Additional Information: SAN No. 5012;
  
  Agency Contact: Bob Schell, Environmental Protection Agency, Air and
  
  Radiation, C439-02, Research Triangle Park, NC 27711
  
  Phone: 919 541-4116
  
  Fax: 919 541-3207
  
  Email: schell.bob@epamail.epa.gov
  
  Steve Fruh, Environmental Protection Agency, Air and Radiation, C439- 02, Research Triangle Park, NC 27709
  
  Phone: 919 541-2837
  
  Email: fruh.steve@epamail.epa.gov
  
  RIN: 2060-AN44
132. NESHAP: AREA SOURCE STANDARDS--PRIMARY AND SECONDARY COPPER
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 42 USC 7412
  
  CFR Citation: 40 CFR 63
  
  Legal Deadline: None
  
  Abstract: Section 112(k)(3) of the Clean Air Act requires EPA to prepare a comprehensive strategy to control emissions of hazardous air pollutants (HAPs) from area sources in urban areas. The strategy must identify at least 30 HAPs that, as the result of emissions from area sources, present the greatest threat to public health in urban areas.
  
  The strategy must also identify the source categories that emit the listed urban HAPs. EPA must subject to regulation those listed source categories such that 90 percent of the aggregate emissions of the urban
  
  HAPs are subjected to standards. The strategy was published on July 19, 1999, and listed Primary and Secondary Copper Smelters as area source categories emitting at least one of the urban HAPs. As such, EPA is required to subject Primary and Secondary Copper Smelters to regulations issued under section 112(d). This rulemaking will satisfy this mandate. There has only been one primary copper smelting facility identified in the U.S. that is not subject to the Primary Copper part 63 MACT Standard. This source is a continuous process with well controlled emission points. There are currently no operating secondary copper smelters in the U.S.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  10/00/08
  
  Regulatory Flexibility Analysis Required: Undetermined
  
  Government Levels Affected: None
  
  Additional Information: SAN No. 5013;
  
  Page 23316
  
  Agency Contact: Karen Rackley, Environmental Protection Agency, Air and
  
  Radiation, C439-02, RTP, NC 27711
  
  Phone: 919 541-0634
  
  Fax: 919 541-3207
  
  Email: rackley.karen@epa.gov
  
  Steve Fruh, Environmental Protection Agency, Air and Radiation, C439- 02, Research Triangle Park, NC 27709
  
  Phone: 919 541-2837
  
  Email: fruh.steve@epamail.epa.gov
  
  RIN: 2060-AN45
133. NESHAP: AREA SOURCE STANDARDS--CHEMICAL PREPARATIONS INDUSTRY
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: Clean Air Act sec 112
  
  CFR Citation: 40 CFR 63
  
  Legal Deadline: None
  
  Abstract: This rule will regulate hazardous air pollutant (HAP) emissions from area sources in the chemical preparations industry. This source category was listed for regulation under EPA's Urban Air Toxic
  
  Strategy to address HAP emissions from area sources.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  01/00/08
  
  Regulatory Flexibility Analysis Required: Undetermined
  
  Government Levels Affected: Undetermined
  
  Additional Information: SAN No. 5015;
  
  Agency Contact: Jeff Telander, Environmental Protection Agency, Air and
  
  Radiation, C504-05, RTP, NC 27709
  
  Phone: 919 541-5427
  
  Email: telander.jeff@epamail.epa.gov
  
  David Cozzie, Environmental Protection Agency, Air and Radiation, C504- 04, RTP, NC 27711
  
  Phone: 919 541-5356
  
  Fax: 919 541-3207
  
  Email: cozzie.david@epamail.epa.gov
  
  RIN: 2060-AN46
134. NESHAP: AREA SOURCE STANDARDS--PAINT AND ALLIED PRODUCTS
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: Clean Air Act sec 112
  
  CFR Citation: 40 CFR 63
  
  Legal Deadline: None
  
  Abstract: This rule will regulate hazardous air pollutant (HAP) emissions from area sources in the Paint and Allied Products industry.
  
  This source category was listed for regulation under EPA's Urban Air
  
  Toxic Strategy to address HAP emissions from area sources.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  01/00/08
  
  Regulatory Flexibility Analysis Required: Undetermined
  
  Government Levels Affected: Undetermined
  
  Additional Information: SAN No. 5016;
  
  Agency Contact: Jeff Telander, Environmental Protection Agency, Air and
  
  Radiation, C504-05, RTP, NC 27709
  
  Phone: 919 541-5427
  
  Email: telander.jeff@epamail.epa.gov
  
  David Cozzie, Environmental Protection Agency, Air and Radiation, C504- 04, RTP, NC 27711
  
  Phone: 919 541-5356
  
  Fax: 919 541-3207
  
  Email: cozzie.david@epamail.epa.gov
  
  RIN: 2060-AN47
135. PETROLEUM REFINERIES--NEW SOURCE PERFORMANCE
  
  STANDARDS (NSPS)--SUBPART J
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 42 USC 7401 et seq
  
  CFR Citation: 40 CFR 60
  
  Legal Deadline: NPRM, Judicial, April 28, 2007, Lawsuit by Sierra Club and Our Children's Earth Foundation.
  
  Final, Judicial, April 28, 2008, Lawsuit by Sierra Club and Our
  
  Children's Earth Foundation.
  
  Abstract: Section 111(b)(1)(B) of the Clean Air Act requires EPA to review new source performance standards at least every 8 years. Under this project, we will review and , if appropriate, revise the new source performance standards for petroleum refineries (subpart J in part 60). We will determine if actual emission reductions currently being achieved due to other programs are greater than the requirements in the current NSPS standards, and whether the current standards should be revised.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  04/00/07
  
  Final Action
  
  04/00/08
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: None
  
  Additional Information: SAN No. 5036;
  
  Agency Contact: Bob Lucas, Environmental Protection Agency, Air and
  
  Radiation, C439-03, RTP, NC 27709
  
  Phone: 919 541-0884
  
  Fax: 919 541-0246
  
  Email: lucas.bob@epamail.epa.gov
  
  Ken Hustvedt, Environmental Protection Agency, Air and Radiation, C439- 03, RTP, NC 27709
  
  Phone: 919 541-5395
  
  Fax: 919 685-3200
  
  Email: hustvedt.ken@epamail.epa.gov
  
  RIN: 2060-AN72
136. REVIEW OF THE NATIONAL AMBIENT AIR QUALITY
  
  STANDARDS FOR LEAD
  
  Priority: Economically Significant. Major under 5 USC 801.
  
  Unfunded Mandates: Undetermined
  
  Legal Authority: 42 USC 7408; 42 USC 7409
  
  CFR Citation: 40 CFR 50
  
  Legal Deadline: NPRM, Judicial, February 1, 2008, internal deadline to facilitate meeting court-ordered date for final rulemaking for the proposed rule is May 1, 2008.
  
  Final, Judicial, September 1, 2008, court-ordered schedule.
  
  Abstract: On October 5, 1978 the EPA promulgated primary and secondary
  
  NAAQS for lead under section 109 of the Act (43 FR 46258). Both primary and secondary standards were set at a level of 1.5 [micro]g/m\3\as a quarterly average (maximum arithmetic mean averaged over a calendar quarter). Subsequent to this initial standard-setting, the Clean Air
  
  Act requires that the standard be reviewed periodically. The last such review occurred during the period 1986-1990. For that review, an Air
  
  Quality Criteria Document (AQCD) was completed in 1986 with a supplement in 1990. Based on information contained in the AQCD, an EPA
  
  Staff Paper and Exposure Assessment were
  
  Page 23317
  
  prepared. Following the completion of these documents, the agency did not propose any revisions to the 1978 Pb NAAQS. The current review of the Pb air-quality criteria was initiated in November 2004 by EPA's
  
  National Center for Environmental Assessment (NCEA) with a general call for information published in the Federal Register. In January 2005,
  
  NCEA released a work plan for the review and revision of the Pb AQCD.
  
  Workshops were held to provide author feedback on a developing draft of the AQCD in August 2005. The draft AQCD is was released December 1, 2005. The EPA Office of Air Quality Planning and Standards will prepare a Staff Paper for the Administrator, which will evaluate the policy implications of the key studies and scientific information contained in the AQCD and additional technical analyses, and identify critical elements that EPA staff believe should be considered in reviewing the standards. The AQCD and Staff Paper will be reviewed by the Clean Air
  
  Scientific Advisory Committee (CASAC) and the public, and both final documents will reflect the input received through these reviews. As the lead NAAQS review is completed, the Administrator's proposal to reaffirm or revise the lead NAAQS will be published with a request for public comment. Input received during the public comment period will be considered in the Administrator's final decision.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  02/00/08
  
  Final Action
  
  09/00/08
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: Undetermined
  
  Federalism: Undetermined
  
  Additional Information: SAN No. 5059;
  
  Agency Contact: Ginger Tennant, Environmental Protection Agency, Air and Radiation, C504-06, Research Triangle Park, NC 27711
  
  Phone: 919 541-4072
  
  Fax: 919 541-0237
  
  Email: tennant.ginger@epa.gov
  
  Karen Martin, Environmental Protection Agency, Air and Radiation, C504- 06, Research Triangle Park, NC 27711
  
  Phone: 919 541-5274
  
  Fax: 919 541-0237
  
  Email: martin.karen@epa.gov
  
  RIN: 2060-AN83
  
  Environmental Protection Agency (EPA)
  
  Completed Actions
  
  Clean Air Act (CAA)
137. ACCIDENTAL RELEASE PREVENTION REQUIREMENTS: RISK MANAGEMENT
  
  PROGRAMS UNDER THE CLEAN AIR ACT, SECTION 112(R)(3); REVISIONS TO THE
  
  LIST OF SUBSTANCES
  
  Priority: Other Significant
  
  CFR Citation: 40 CFR 68.130
  
  Completed:
  
  Reason
  
  Date
  
  FR Cite
  
  Withdrawn
  
  02/22/06
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: Federal, Local, State, Tribal
  
  Agency Contact: Kathy Franklin
  
  Phone: 202 564-7987
  
  Fax: 202 564-2625
  
  Email: franklin.kathy@epamail.epa.gov
  
  Sicy Jacob
  
  Phone: 202 564-8019
  
  Fax: 202 564-2625
  
  Email: jacob.sicy@epa.gov
  
  RIN: 2050-AE96
138. REVISION TO THE GUIDELINE ON AIR QUALITY MODELS (APPENDIX W TO 40
  
  CFR PART 51): ADOPTION OF A PREFERRED GENERAL PURPOSE (FLAT AND COMPLEX
  
  TERRAIN) DISPERSION MODEL AND OTHER REVISIONS
  
  Priority: Substantive, Nonsignificant
  
  CFR Citation: 40 CFR 51.112; 40 CFR 51.160; 40 CFR 51.166; 40 CFR 52.21
  
  Completed:
  
  Reason
  
  Date
  
  FR Cite
  
  NPRM
  
  04/21/00
  
  65 FR 21505
  
  Notice of Data Availability
  
  09/08/03
  
  68 FR 52934
  
  Final Action
  
  11/09/05
  
  70 FR 68218
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: Federal, Local, State, Tribal
  
  Agency Contact: Tyler Fox
  
  Phone: 919 541-5562
  
  Email: fox.tyler@epamail.epa.gov
  
  Mark Evangelista
  
  Phone: 919 541-2803
  
  Email: evangelista.mark@epa.gov
  
  RIN: 2060-AK60
139. NSPS AND EMISSION GUIDELINES FOR OTHER SOLID WASTE INCINERATORS
  
  Priority: Other Significant
  
  CFR Citation: 40 CFR 60
  
  Completed:
  
  Reason
  
  Date
  
  FR Cite
  
  Notice
  
  08/28/00
  
  65 FR 52058
  
  Prop. Stds & Guidance
  
  11/09/00
  
  65 FR 67357
  
  NPRM
  
  12/09/04
  
  69 FR 71472
  
  Final Action
  
  12/16/05
  
  70 FR 74870
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: Businesses, Governmental Jurisdictions
  
  Government Levels Affected: Federal, Local, State, Tribal
  
  Agency Contact: Mary Johnson
  
  Phone: 919 541-5025
  
  Fax: 919 541-5450
  
  Email: johnson.mary@epamail.epa.gov
  
  Brian Shrager
  
  Phone: 919 541-7689
  
  Fax: 919 541-5450
  
  Email: shrager.brian@epamail.epa.gov
  
  RIN: 2060-AG31
  
  Page 23318
140. PERFORMANCE SPECIFICATION 16 - SPECIFICATIONS AND TEST PROCEDURES
  
  FOR PREDICTIVE EMISSION MONITORING SYSTEMS IN STATIONARY SOURCES
  
  Priority: Substantive, Nonsignificant
  
  CFR Citation: 40 CFR 60
  
  Completed:
  
  Reason
  
  Date
  
  FR Cite
  
  NPRM
  
  08/08/05
  
  70 FR 45608
  
  Final Action
  
  11/01/05
  
  70 FR 65873
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: State
  
  Agency Contact: Foston Curtis
  
  Phone: 919 541-1063
  
  Email: curtis.foston@epamail.epa.gov
  
  Conniesue Oldham
  
  Phone: 919 541-7774
  
  Email: oldham.conniesue@epamail.epa.gov
  
  RIN: 2060-AH84
141. STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES: MUNICIPAL
  
  SOLID WASTE LANDFILLS: AMENDMENT
  
  Priority: Substantive, Nonsignificant
  
  CFR Citation: 40 CFR 60.750; 40 CFR 60.751; 40 CFR 60.752(b)(2)(iii)(B); 40 CFR 60.752(b)(2)(iii)(C); 40 CFR 60.752(b)(2)(iii)(D); 40 CFR 60758
  
  Completed:
  
  Reason
  
  Date
  
  FR Cite
  
  Withdrawn
  
  04/06/06
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: None
  
  Agency Contact: Martha Smith
  
  Phone: 919 541-2421
  
  Email: smith.martha@epamail.epa.gov
  
  Kent Hustvedt
  
  Phone: 919 541-5395
  
  Email: hustvedt.ken@epamail.epa.gov
  
  RIN: 2060-AJ41
142. PETITIONS TO DELIST HAZARDOUS AIR POLLUTANTS: MEK
  
  Priority: Substantive, Nonsignificant
  
  CFR Citation: 40 CFR 63
  
  Completed:
  
  Reason
  
  Date
  
  FR Cite
  
  Final Action
  
  12/19/05
  
  70 FR 75047
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: None
  
  Agency Contact: Mark Morris
  
  Phone: 919 541-5416
  
  Email: morris.mark@epamail.epa.gov
  
  Dave Guinnup
  
  Phone: 919 541-5368
  
  Email: guinnup.dave@epamail.epa.gov
  
  RIN: 2060-AI72
143. NESHAP FOR PRIMARY ALUMINUM REDUCTION PLANTS; AMENDMENTS
  
  Priority: Substantive, Nonsignificant
  
  CFR Citation: 40 CFR Part 63
  
  Completed:
  
  Reason
  
  Date
  
  FR Cite
  
  NPRM
  
  03/17/03
  
  68 FR 12645
  
  Final Action
  
  11/02/05
  
  70 FR 66280
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: None
  
  Agency Contact: Steve Fruh
  
  Phone: 919 541-2837
  
  Email: fruh.steve@epamail.epa.gov
  
  RIN: 2060-AK50
144. INTERSTATE OZONE TRANSPORT: RULEMAKING ON SECTION 126 PETITIONS
  
  FROM THE DISTRICT OF COLUMBIA, DELAWARE, MARYLAND, AND NEW JERSEY
  
  Priority: Substantive, Nonsignificant
  
  CFR Citation: 40 CFR 52; 40 CFR 97
  
  Completed:
  
  Reason
  
  Date
  
  FR Cite
  
  Withdrawn
  
  02/01/06
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: None
  
  Agency Contact: Carla Oldham
  
  Phone: 919 541-3347
  
  Fax: 919 541-1039
  
  Email: oldham.carla@epamail.epa.gov
  
  David Cole
  
  Phone: 919 541-5565
  
  Fax: 919 541-0824
  
  Email: cole.david@epa.gov
  
  RIN: 2060-AI99
145. STREAMLINED EVAPORATIVE TEST PROCEDURES
  
  Priority: Substantive, Nonsignificant
  
  CFR Citation: 40 CFR 86 (Revision)
  
  Completed:
  
  Reason
  
  Date
  
  FR Cite
  
  Withdrawn
  
  02/01/06
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: None
  
  Agency Contact: David Good
  
  Phone: 734 214-4450
  
  Email: good.david@epamail.epa.gov
  
  RIN: 2060-AH34
146. EMISSIONS DURABILITY PROCEDURES FOR NEW LIGHT-DUTY VEHICLES &
  
  LIGHT-DUTY TRUCKS
  
  Priority: Substantive, Nonsignificant
  
  CFR Citation: 40 CFR Part 86
  
  Completed:
  
  Reason
  
  Date
  
  FR Cite
  
  NPRM
  
  04/02/04
  
  69 FR 17532
  
  Direct Final/NPRM
  
  01/17/06
  
  71 FR 2810
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: None
  
  Agency Contact: Linda Hormes
  
  Phone: 734 214-4502
  
  Email: hormes.linda@epamail.epa.gov
  
  RIN: 2060-AK76
147. SELECTION OF SEQUENCE OF MANDATORY SANCTIONS TO BE APPLIED
  
  PURSUANT TO SECTION 502 OF THE CLEAN AIR ACT
  
  Priority: Substantive, Nonsignificant
  
  CFR Citation: 40 CFR 70
  
  Completed:
  
  Reason
  
  Date
  
  FR Cite
  
  Withdrawn
  
  02/03/06
  
  Regulatory Flexibility Analysis Required: No
  
  Page 23319
  
  Small Entities Affected: No
  
  Government Levels Affected: None
  
  Agency Contact: Scott Voorhees
  
  Phone: 919 541-5348
  
  Fax: 919 541-5509
  
  Email: voorhees.scott@epamail.epa.gov
  
  Ray Vogel
  
  Phone: 919 541-3153
  
  Fax: 919 541-5509
  
  Email: vogel.ray@epamail.epa.gov
  
  RIN: 2060-AK46
148. PROTECTION OF STRATOSPHERIC OZONE: ADJUSTING ALLOWANCES FOR CLASS
  
  I SUBSTANCES FOR EXPORT TO ARTICLE 5 COUNTRIES
  
  Priority: Substantive, Nonsignificant
  
  CFR Citation: 40 CFR 82
  
  Completed:
  
  Reason
  
  Date
  
  FR Cite
  
  NPRM
  
  09/21/05
  
  70 FR 55480
  
  Final Action
  
  12/29/05
  
  70 FR 77042
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: None
  
  Agency Contact: Hodayah Finman
  
  Phone: 202 343-9246
  
  Fax: 202 565-2079
  
  Email: finman.hodayah@epamail.epa.gov
  
  Ross Brennan
  
  Phone: 202 343-9226
  
  Fax: 202 565-2079
  
  Email: brennan.ross@epamail.epa.gov
  
  RIN: 2060-AK45
149. PERFORMANCE WARRANTY AND INSPECTION/MAINTENANCE TEST PROCEDURES
  
  Priority: Substantive, Nonsignificant
  
  CFR Citation: 40 CFR 51; 40 CFR 85
  
  Completed:
  
  Reason
  
  Date
  
  FR Cite
  
  Withdrawn
  
  01/31/06
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: Businesses
  
  Government Levels Affected: None
  
  Agency Contact: David Sosnowski
  
  Phone: 734 214-4823
  
  Fax: 734
  
  Email: sosnowski.david@epamail.epa.gov
  
  RIN: 2060-AE20
150. INSPECTION/MAINTENANCE RECALL REQUIREMENTS
  
  Priority: Substantive, Nonsignificant
  
  CFR Citation: 40 CFR 51
  
  Completed:
  
  Reason
  
  Date
  
  FR Cite
  
  Withdrawn
  
  01/31/06
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: Businesses
  
  Government Levels Affected: None
  
  Agency Contact: David Sosnowski
  
  Phone: 734 214-4823
  
  Fax: 734
  
  Email: sosnowski.david@epamail.epa.gov
  
  RIN: 2060-AE22
151. ADOPTION OF THE AMENDED INTERNATIONAL NOX STANDARD FOR AIRCRAFT
  
  ENGINES
  
  Priority: Substantive, Nonsignificant
  
  CFR Citation: 40 CFR 87.1; 40 CFR 87.21; 40 CFR 87.64; 40 CFR 87.71; 40
  
  CFR 87.10; 40 CFR 87.31(b); 40 CFR 87.82; 40 CFR 87.89
  
  Completed:
  
  Reason
  
  Date
  
  FR Cite
  
  NPRM
  
  09/30/03
  
  68 FR 56226
  
  Final Action
  
  11/17/05
  
  70 FR 69664
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: Federal
  
  Agency Contact: Bryan Manning
  
  Phone: 734 214-4832
  
  Email: manning.bryan@epamail.epa.gov
  
  RIN: 2060-AK01
152. REGULATION OF FUEL AND FUEL ADDITIVES: EXTENSION OF CALIFORNIA
  
  ENFORCEMENT EXEMPTIONS FOR REFORMULATED GASOLINE TO CALIFORNIA PHASE 3
  
  GASOLINE
  
  Priority: Substantive, Nonsignificant
  
  CFR Citation: 40 CFR 80.81
  
  Completed:
  
  Reason
  
  Date
  
  FR Cite
  
  NPRM
  
  08/11/04
  
  69 FR 48827
  
  Final Action
  
  12/21/05
  
  70 FR 75914
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: None
  
  Agency Contact: Anne--Marie Pastorkovich
  
  Phone: 202 343-9623
  
  Email: pastorkovich.anne-marie@epamail.epa.gov
  
  Dave Kortum
  
  Phone: 202 343-9022
  
  Fax: 202 343-2802
  
  Email: kortum.dave@epamail.epa.gov
  
  RIN: 2060-AK04
153. AMENDMENTS TO THE REQUIREMENTS ON VARIABILITY IN THE COMPOSITION
  
  OF ADDITIVES CERTIFIED UNDER THE GASOLINE DEPOSIT CONTROL PROGRAM
  
  Priority: Substantive, Nonsignificant
  
  CFR Citation: 40 CFR 80
  
  Completed:
  
  Reason
  
  Date
  
  FR Cite
  
  Direct Final Action 1
  
  11/05/01
  
  66 FR 55885
  
  Final Action 2
  
  11/14/05
  
  70 FR 69240
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: None
  
  Agency Contact: Jeff Herzog
  
  Phone: 734 214-4227
  
  Email: herzog.jeff@epamail.epa.gov
  
  Andrea Medici
  
  Phone: 202 564-5634
  
  Email: medici.andrea@epamail.epa.gov
  
  RIN: 2060-AK62
154. REVISION TO POLICY ON CONTROL OF VOLATILE ORGANIC COMPOUNDS (VOC)
  
  Priority: Substantive, Nonsignificant
  
  CFR Citation: 40 CFR 51.100(s)
  
  Completed:
  
  Reason
  
  Date
  
  FR Cite
  
  Notice of Interim Guidance
  
  09/13/05
  
  70 FR 54047
  
  Regulatory Flexibility Analysis Required: No
  
  Page 23320
  
  Small Entities Affected: No
  
  Government Levels Affected: Federal, State
  
  Agency Contact: William L. Johnson
  
  Phone: 919 541-5245
  
  Fax: 919 541-0824
  
  Email: johnson.williaml@epa.gov
  
  Terry Keating
  
  Phone: 202 564-1174
  
  Email: keating.terry@epa.gov
  
  RIN: 2060-AK75
155. REGULATION OF FUELS AND FUEL ADDITIVES: MODIFICATIONS TO STANDARDS
  
  AND REQUIREMENTS FOR REFORMULATED AND CONVENTIONAL GASOLINE INCLUDING
  
  BUTANE BLENDERS AND ATTEST ENGAGEMENTS
  
  Priority: Substantive, Nonsignificant
  
  CFR Citation: 40 CFR 80
  
  Completed:
  
  Reason
  
  Date
  
  FR Cite
  
  Final (Partial)
  
  12/31/97
  
  62 FR 68196
  
  Direct Final Action w/NPRM
  
  12/15/05
  
  70 FR 74552
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: Businesses
  
  Government Levels Affected: None
  
  Agency Contact: Marilyn Bennett
  
  Phone: 202 343-9624
  
  Fax: 202 343-2803
  
  Email: bennett.marilyn@epamail.epa.gov
  
  RIN: 2060-AK77
156. VOLUNTARY SUPERIOR MONITORING
  
  Priority: Substantive, Nonsignificant
  
  CFR Citation: 40 CFR 60 to 61; 40 CFR 63; 40 CFR 70; 40 CFR 71
  
  Completed:
  
  Reason
  
  Date
  
  FR Cite
  
  Withdrawn
  
  02/03/06
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: Federal, Local, State, Tribal
  
  Agency Contact: Tom Driscoll
  
  Phone: 919 541-5135
  
  Fax: 919 541-5509
  
  Email: tom driscoll/rtp/usepa/us@epamail.epa.gov
  
  Barrett Parker
  
  Phone: 919 541-5365
  
  Fax: 919 541-1039
  
  Email: parker.barrett@epa.gov
  
  RIN: 2060-AK85
157. DEFERRAL OF EFFECTIVE DATE OF NONATTAINMENT DESIGNATIONS FOR 8-
  
  HOUR OZONE NATIONAL AMBIENT AIR QUALITY STANDARDS FOR EARLY ACTION
  
  COMPACT AREAS
  
  Priority: Substantive, Nonsignificant
  
  CFR Citation: 40 CFR 81
  
  Completed:
  
  Reason
  
  Date
  
  FR Cite
  
  NPRM
  
  12/16/03
  
  68 FR 70108
  
  Final Action
  
  04/30/04
  
  69 FR 23858
  
  Final Action 2
  
  08/29/05
  
  70 FR 50988
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: State, Local
  
  Agency Contact: David Cole
  
  Phone: 919 541-5565
  
  Fax: 919 541-0824
  
  Email: cole.david@epa.gov
  
  Barbara Driscoll
  
  Phone: 919 541-3310
  
  Fax: 919 541-1051
  
  Email: driscoll.barbara@epa.gov
  
  RIN: 2060-AL85
158. NESHAP: SURFACE COATING OF METAL CANS -- TECHNICAL AMENDMENTS
  
  Priority: Substantive, Nonsignificant
  
  CFR Citation: 40 CFR 63
  
  Completed:
  
  Reason
  
  Date
  
  FR Cite
  
  Direct Final Action w/NPRM
  
  01/06/06
  
  71 FR 1378
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: None
  
  Agency Contact: Paul Almodovar
  
  Phone: 919 541-0283
  
  Email: almodovar.paul@epamail.epa.gov
  
  Elaine Manning
  
  Phone: 919 541-5499
  
  Fax: 919 541-5689
  
  Email: manning.elaine@epamail.epa.gov
  
  RIN: 2060-AM28
159. EXEMPTION OF CERTAIN AREA SOURCES FROM TITLE V OPERATING PERMIT
  
  PROGRAMS
  
  Priority: Other Significant
  
  CFR Citation: 40 CFR Part 70, 40 CFR part 71, and 40 CFR pa
  
  Completed:
  
  Reason
  
  Date
  
  FR Cite
  
  NPRM
  
  03/25/05
  
  70 FR 15250
  
  Final Action
  
  12/19/05
  
  70 FR 75320
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: Federal, Local, State, Tribal
  
  Agency Contact: Jeff Herring
  
  Phone: 919 541-3195
  
  Fax: 919 541-5509
  
  Email: herring.jeff@epamail.epa.gov
  
  Ray Vogel
  
  Phone: 919 541-3153
  
  Fax: 919 541-5509
  
  Email: vogel.ray@epamail.epa.gov
  
  RIN: 2060-AM31
160. REGULATION OF FUEL AND FUEL ADDITIVES: GASOLINE AND DIESEL TEST
  
  METHODS
  
  Priority: Substantive, Nonsignificant
  
  CFR Citation: 40 CFR 80.46(a)(1); 40 CFR 80.46(a)(2); 40 CFR 80.46(f)(3)(i); 40 CFR 80.46(g)(2)(i); 40 CFR 80.580(a)(2)(i); 40 CFR 80.580(a)(3)(ii)
  
  Completed:
  
  Reason
  
  Date
  
  FR Cite
  
  Direct Final Action w/NPRM
  
  04/03/06
  
  71 FR 16492
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: None
  
  Agency Contact: Joe Sopata
  
  Phone: 202 343-9034
  
  Fax: 202 343-2802
  
  Email: sopata.joe@epamail.epa.gov
  
  Dave Kortum
  
  Phone: 202 343-9022
  
  Fax: 202 343-2802
  
  Email: kortum.dave@epamail.epa.gov
  
  RIN: 2060-AM42
  
  Page 23321
161. PROTECTION OF STRATOSPHERIC OZONE: EXTENSION OF THE LABORATORY AND
  
  ANALYTICAL USE EXEMPTION FOR ESSENTIAL CLASS I OZONE DEPLETING
  
  SUBSTANCES
  
  Priority: Substantive, Nonsignificant
  
  CFR Citation: 40 CFR 82
  
  Completed:
  
  Reason
  
  Date
  
  FR Cite
  
  NPRM
  
  05/13/05
  
  70 FR 25726
  
  Final Action
  
  12/29/05
  
  70 FR 77048
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: None
  
  Agency Contact: Hodayah Finman
  
  Phone: 202 343-9246
  
  Fax: 202 565-2079
  
  Email: finman.hodayah@epamail.epa.gov
  
  RIN: 2060-AM56
162. NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS:
  
  MISCELLANEOUS COATING MANUFACTURING; AMENDMENT
  
  Priority: Substantive, Nonsignificant
  
  CFR Citation: 40 CFR 63 (Revision)
  
  Completed:
  
  Reason
  
  Date
  
  FR Cite
  
  NPRM
  
  05/13/05
  
  70 FR 25684
  
  Direct Final Action
  
  05/13/05
  
  70 FR 25676
  
  Withdrawal Notice
  
  07/06/05
  
  70 FR 38780
  
  Final Action
  
  12/21/05
  
  70 FR 75924
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: None
  
  Agency Contact: Randy McDonald
  
  Phone: 919 541-5402
  
  Fax: 919 541-3470
  
  Email: mcdonald.randy@epamail.epa.gov
  
  Robin Dunkins
  
  Phone: 919 541-5335
  
  Fax: 919 541-3470
  
  Email: dunkins.robin@epamail.epa.gov
  
  RIN: 2060-AM72
163. NESHAP: PLYWOOD AND COMPOSITE WOOD PRODUCTS; AMENDMENTS
  
  Priority: Substantive, Nonsignificant
  
  CFR Citation: 40 CFR 63
  
  Completed:
  
  Reason
  
  Date
  
  FR Cite
  
  Merged With 2060-AN05, SAN 4911.1
  
  02/01/06
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: None
  
  Agency Contact: Mary Kissell
  
  Phone: 919 541-4516
  
  Email: kissell.mary@epa.gov
  
  K.C. Hustvedt
  
  Phone: 919 541-5395
  
  Fax: 919 541-0246
  
  Email: hustvedt.ken@epa.gov
  
  RIN: 2060-AM78
164. NEW SOURCE PERFORMANCE STANDARDS (NSPS) FOR STATIONARY COMBUSTION
  
  TURBINES
  
  Priority: Substantive, Nonsignificant
  
  CFR Citation: 40 CFR 60
  
  Completed:
  
  Reason
  
  Date
  
  FR Cite
  
  NPRM
  
  02/18/05
  
  70 FR 8314
  
  Final Action
  
  02/24/06
  
  71 FR 9453
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: None
  
  Agency Contact: Christian Fellner
  
  Phone: 919 541-4003
  
  Email: fellner.christian@epamail.epa.gov
  
  Jaime Pagan
  
  Phone: 919 541-5340
  
  Email: pagan.jaime@epamail.epa.gov
  
  RIN: 2060-AM79
165. NEW SOURCE PERFORMANCE STANDARDS (NSPS) FOR ELECTRIC UTILITY STEAM
  
  GENERATING UNITS AND INDUSTRIAL AND COMMERCIAL BOILERS
  
  Priority: Substantive, Nonsignificant
  
  CFR Citation: 40 CFR 60
  
  Completed:
  
  Reason
  
  Date
  
  FR Cite
  
  NPRM
  
  02/28/05
  
  70 FR 9706
  
  Final Action
  
  02/27/06
  
  71 FR 9866
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: None
  
  Agency Contact: Christian Fellner
  
  Phone: 919 541-4003
  
  Email: fellner.christian@epamail.epa.gov
  
  Bill Maxwell
  
  Phone: 919 541-5430
  
  Fax: 919 541-5450
  
  Email: maxwell.bill@epamail.epa.gov
  
  RIN: 2060-AM80
166. AMENDMENTS TO COMPLIANCE CERTIFICATION REQUIREMENTS FOR STATE AND
  
  FEDERAL OPERATING PERMITS PROGRAMS; CORRECTION
  
  Priority: Substantive, Nonsignificant
  
  CFR Citation: 40 CFR 70.6 (correction); 40 CFR 71.6 (correction)
  
  Completed:
  
  Reason
  
  Date
  
  FR Cite
  
  Withdrawn
  
  02/23/06
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: None
  
  Agency Contact: Grecia Castro
  
  Phone: 919 541-1351
  
  Fax: 919 541-5509
  
  Email: castro.grecia@epamail.epa.gov
  
  Michael Ling
  
  Phone: 919 541-4729
  
  Fax: 919 541-0804
  
  Email: ling.michael@epamail.epa.gov
  
  RIN: 2060-AM92
167. NESHAP: BRICK AND STRUCTURAL CLAY PRODUCTS MANUFACTURING;
  
  RECONSIDERATION
  
  Priority: Substantive, Nonsignificant
  
  CFR Citation: 40 CFR 63
  
  Completed:
  
  Reason
  
  Date
  
  FR Cite
  
  Notice of Reconsideration
  
  04/22/05
  
  70 FR 21094
  
  Final Action
  
  11/17/05
  
  70 FR 69655
  
  Page 23322
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: Businesses
  
  Government Levels Affected: None
  
  Agency Contact: Mary Johnson
  
  Phone: 919 541-5025
  
  Fax: 919 541-5450
  
  Email: johnson.mary@epamail.epa.gov
  
  Robert J Wayland
  
  Phone: 919 541-1045
  
  Fax: 919 541-5450
  
  Email: wayland.robertj@epamail.epa.gov
  
  RIN: 2060-AM94
168. NESHAP: INDUSTRIAL, COMMERCIAL, AND INSTITUTIONAL BOILERS AND
  
  PROCESS HEATERS; RECONSIDERATION NOTICE
  
  Priority: Other Significant
  
  CFR Citation: 40 CFR 63
  
  Completed:
  
  Reason
  
  Date
  
  FR Cite
  
  Reconsideration Notice
  
  06/27/05
  
  70 FR 36907
  
  Final Action
  
  12/28/05
  
  70 FR 76918
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: Businesses, Governmental Jurisdictions
  
  Government Levels Affected: Federal, Local, State
  
  Agency Contact: Jim Eddinger
  
  Phone: 919 541-5426
  
  Fax: 919 541-5450
  
  Email: eddinger.jim@epamail.epa.gov
  
  Bill Maxwell
  
  Phone: 919 541-5430
  
  Fax: 919 541-5450
  
  Email: maxwell.bill@epamail.epa.gov
  
  RIN: 2060-AM97
169. REVISION TO THE DEFINITION OF VOLATILE ORGANIC COMPOUNDS - REMOVAL
  
  OF VOC EXEMPTIONS FOR CALIFORNIA'S AEROSOL COATINGS REACTIVITY-BASED
  
  REGULATION
  
  Priority: Substantive, Nonsignificant
  
  CFR Citation: 40 CFR 51
  
  Completed:
  
  Reason
  
  Date
  
  FR Cite
  
  NPRM
  
  01/07/05
  
  70 FR 1640
  
  Final Action
  
  09/13/05
  
  70 FR 53930
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: State
  
  Agency Contact: Stanley Tong
  
  Phone: 415 947-4122
  
  Fax: 415 947-3579
  
  Email: tong.stanley@epamail.epa.gov
  
  William L. Johnson
  
  Phone: 919 541-5245
  
  Fax: 919 541-0824
  
  Email: johnson.williaml@epa.gov
  
  RIN: 2060-AM98
170. PM 2.5 & PM10 HOT-SPOT ANALYSES IN TRANSPORTATION CONFORMITY RULE
  
  AMENDMENTS
  
  Priority: Other Significant
  
  CFR Citation: 40 CFR 51 and 93
  
  Completed:
  
  Reason
  
  Date
  
  FR Cite
  
  Final Action
  
  03/10/06
  
  71 FR 12468
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: Governmental Jurisdictions
  
  Government Levels Affected: Federal, Local, State
  
  Agency Contact: Rudolph Kapichak
  
  Phone: 734 214-4574
  
  Fax: 734 214-4052
  
  Email: kapichak.rudolph@epamail.epa.gov
  
  Laura Berry
  
  Phone: 734 214-4858
  
  Fax: 734 214-4052
  
  Email: berry.laura@epamail.epa.gov
  
  RIN: 2060-AN02
171. NESHAP: PLYWOOD AND COMPOSITE WOOD PRODUCTS; LIST OF HAZARDOUS AIR
  
  POLLUTANTS, LESSER QUANTITY DESIGNATIONS, SOURCE CATEGORY LIST;
  
  RECONSIDERATION; FINAL RULE
  
  Priority: Substantive, Nonsignificant
  
  CFR Citation: 40 CFR 63
  
  Completed:
  
  Reason
  
  Date
  
  FR Cite
  
  Reconsideration Notice
  
  07/29/05
  
  70 FR 44012
  
  Final Action
  
  02/16/06
  
  71 FR 8342
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: None
  
  Agency Contact: Mary Kissell
  
  Phone: 919 541-4516
  
  Email: kissell.mary@epa.gov
  
  K.C. Hustvedt
  
  Phone: 919 541-5395
  
  Fax: 919 541-0246
  
  Email: hustvedt.ken@epa.gov
  
  RIN: 2060-AN05
172. PROTECTION OF STRATOSPHERIC OZONE: PROCESS FOR EXEMPTING CRITICAL
  
  USES OF METHYL BROMIDE FOR THE 2005 SUPPLEMENTAL REQUEST
  
  Priority: Other Significant
  
  CFR Citation: 40 CFR 82
  
  Completed:
  
  Reason
  
  Date
  
  FR Cite
  
  Final Rule
  
  12/13/05
  
  70 FR 73604
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: Federal
  
  Agency Contact: Marta Montoro
  
  Phone: 202 343-9321
  
  Fax: 202 343-2338
  
  Email: montoro.marta@epamail.epa.gov
  
  RIN: 2060-AN13
173. PROTECTION OF STRATOSPHERIC OZONE: THE 2006 CRITICAL USE EXEMPTION
  
  RULE FROM THE PHASEOUT OF METHYL BROMIDE
  
  Priority: Substantive, Nonsignificant
  
  CFR Citation: 40 CFR 82
  
  Completed:
  
  Reason
  
  Date
  
  FR Cite
  
  NPRM
  
  10/27/05
  
  70 FR 62030
  
  Final Action
  
  02/06/06
  
  71 FR 5985
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: None
  
  Agency Contact: Marta Montoro
  
  Phone: 202 343-9321
  
  Fax: 202 343-2338
  
  Email: montoro.marta@epamail.epa.gov
  
  Hodayah Finman
  
  Phone: 202 343-9246
  
  Fax: 202 565-2079
  
  Page 23323
  
  Email: finman.hodayah@epamail.epa.gov
  
  RIN: 2060-AN18
174. IMPLEMENTATION RULE FOR 8-HOUR OZONE NAAQS--PHASE 2
  
  Priority: Other Significant
  
  CFR Citation: 40 CFR 51; 40 CFR 50; 40 CFR 81
  
  Completed:
  
  Reason
  
  Date
  
  FR Cite
  
  Final Action - Phase 2
  
  11/29/05
  
  70 FR 71612
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: Local, State, Tribal
  
  Agency Contact: John Silvasi
  
  Phone: 919 541-5666
  
  Fax: 919 541-0824
  
  Email: silvasi.john@epa.gov
  
  Denise Gerth
  
  Phone: 919 541-5550
  
  Fax: 919 541-0824
  
  Email: gerth.denise@epa.gov
  
  RIN: 2060-AN23
175. COMMERCIAL AND INDUSTRIAL SOLID WASTE INCINERATORS NSPS AND EG:
  
  DEFINITIONS
  
  Priority: Substantive, Nonsignificant
  
  CFR Citation: 40 CFR 60
  
  Completed:
  
  Reason
  
  Date
  
  FR Cite
  
  Final Action
  
  09/22/05
  
  70 FR 55568
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: Businesses
  
  Government Levels Affected: None
  
  Agency Contact: Brian Shrager
  
  Phone: 919 541-7689
  
  Fax: 919 541-5450
  
  Email: shrager.brian@epamail.epa.gov
  
  Mary Johnson
  
  Phone: 919 541-5025
  
  Fax: 919 541-5450
  
  Email: johnson.mary@epamail.epa.gov
  
  Related RIN: Related to 2060-AF91
  
  RIN: 2060-AN31
176. NESHAP: SECONDARY ALUMINUM PRODUCTION - AMENDMENTS
  
  Priority: Substantive, Nonsignificant
  
  CFR Citation: 40 CFR 63.1500
  
  Completed:
  
  Reason
  
  Date
  
  FR Cite
  
  Direct Final Action
  
  10/03/05
  
  70 FR 57513
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: None
  
  Agency Contact: Rick Colyer
  
  Phone: 919 541-5262
  
  Fax: 919 541-5600
  
  Email: colyer.rick@epamail.epa.gov
  
  David Cozzie
  
  Phone: 919 541-5356
  
  Fax: 919 541-3207
  
  Email: cozzie.david@epamail.epa.gov
  
  RIN: 2060-AN38
177. REVISIONS TO MOTOR VEHICLE DIESEL FUEL SULFUR TRANSITION
  
  PROVISIONS
  
  Priority: Substantive, Nonsignificant
  
  CFR Citation: 40 CFR 80
  
  Completed:
  
  Reason
  
  Date
  
  FR Cite
  
  Direct Final Action w/NPRM
  
  11/22/05
  
  70 FR 70498
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: None
  
  Agency Contact: Tad Wysor
  
  Phone: 734 214-4332
  
  Email: wysor.tad@epa.gov
  
  Paul Machiele
  
  Phone: 734 214-4264
  
  Email: machiele.paul@epamail.epa.gov
  
  RIN: 2060-AN41
178. RENEWABLE FUEL STANDARDS REQUIREMENTS FOR 2006
  
  Priority: Other Significant
  
  CFR Citation: None
  
  Completed:
  
  Reason
  
  Date
  
  FR Cite
  
  Duplicate of RIN 2060-AN64, SAN 5024
  
  03/09/06
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: None
  
  Agency Contact: Barry Garelick
  
  Phone: 202 343-9028
  
  Fax: 202 343-2802
  
  Email: garelick.barry@epa.gov
  
  David Korotney
  
  Phone: 734 214-4507
  
  Fax: 734 214-4050
  
  Email: korotney.david@epamail.epa.gov;
  
  RIN: 2060-AN51
179. REVISION OF 112 FINDING RECONSIDERATION
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  Duplicate of RIN 2060-AN53, SAN 4571.3
  
  03/09/06
  
  RIN: 2060-AN52
180. FINDINGS OF FAILURE TO SUBMIT REQUIRED STATE
  
  IMPLEMENTATION PLANS FOR PHASE II OF THE NOX SIP CALL
  
  Priority: Other Significant
  
  Legal Authority: 42 USC 7410(a)(2)(D); 42 USC 7410(k)(5)
  
  CFR Citation: 40 CFR 51 (Revision)
  
  Legal Deadline: None
  
  Abstract: The EPA is taking final action making findings, under the
  
  Clean Air Act (CAA), that Indiana, Illinois, Kentucky, Michigan, and
  
  Virginia failed to make complete State Implementation Plan (SIP) submittals required under the CAA. Under the CAA and Phase II of EPA's nitrogen oxides (NOx) SIP Call regulations, these States were required to submit SIP measures providing for reductions in the emissions of
  
  NOx, an ozone precursor. Publication of this notice defines the start of a clock for EPA to develop a Federal implementation plan under section 110(c) of the Clean Air Act.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  Final Action
  
  02/08/06
  
  71 FR 6347
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Page 23324
  
  Government Levels Affected: Local, State
  
  Additional Information: SAN No. 4433.1; EPA publication information:
  
  Final Action - http://www.epa.gov/fedrgstr/EPA-AIR/2006/February/Day- 08/a1175.htm; Split from RIN 2060-AJ16.
  
  Agency Contact: Jan King, Environmental Protection Agency, Air and
  
  Radiation, C539-02, RTP, NC 27711
  
  Phone: 919 541-5665
  
  Email: king.jan@epa.gov
  
  Carla Oldham, Environmental Protection Agency, Air and Radiation, C539- 02, RTP, NC 27711
  
  Phone: 919 541-3347
  
  Fax: 919 541-1039
  
  Email: oldham.carla@epamail.epa.gov
  
  RIN: 2060-AN56
181. RENEWABLE FUEL STANDARDS REQUIREMENTS FOR 2006
  
  Priority: Other Significant
  
  Legal Authority: PL 109-58, sec 1501
  
  CFR Citation: 40 CFR 80
  
  Legal Deadline: None
  
  Abstract: The Energy Policy Act of 2005 (the ``Act''), signed into law on August 8, 2005, requires EPA to promulgate regulations implementing the Renewable Fuels Standard (RFS) within 1 year of enactment. The RFS requires specific volumes of renewable fuel to be in gasoline sold in the U.S. starting with 4.0 billion gal/yr in 2006 up to 7.5 billion gal/yr in 2012. The Act provides that if EPA fails to promulgate regulations within one year, then a default value of 2.78 percent renewable fuel in gasoline will be in effect for 2006. This statutory provision is subject to multiple interpretations of key terms. The
  
  ``Renewable Fuel Standard Requirements for 2006'' that we are proposing will [provide the means to implement] interpret the default provision so that it can be implemented with certainty in the event EPA fails to promulgate the RFS within 1 year of enactment. It provides for refiners, importers and blenders to meet the 2.78 percent requirement collectively, rather than on an individual basis. Since our projections show that this value is highly likely to be met in 2006 under planned practices of the refining industry, we do not anticipate any impacts on the industry in general, nor any on small businesses. It will have no effect on State, local or tribal governments.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  Direct Final Action w/NPRM
  
  12/30/05
  
  70 FR 77325
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: None
  
  Additional Information: SAN No. 5024; EPA publication information:
  
  Direct Final Action w/NPRM - http://www.epa.gov/fedrgstr/EPA-AIR/2005/
  
  December/Day-30/a24611.htm;
  
  Agency Contact: Barry Garelick, Environmental Protection Agency, Air and Radiation, 6406J, Washington, DC 20005
  
  Phone: 202 343-9028
  
  Fax: 202 343-2802
  
  Email: garelick.barry@epa.gov
  
  David Korotney, Environmental Protection Agency, Air and Radiation, 1200 Pennsylvania Avenue NW, Washington, DC 48104
  
  Phone: 734 214-4507
  
  Fax: 734 214-4050
  
  Email: korotney.david@epamail.epa.gov;
  
  RIN: 2060-AN64
182. AMENDMENTS TO THE TIER 2 MOTOR VEHICLE EMISSION
  
  REGULATIONS
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: Clean Air Act title II
  
  CFR Citation: 40 CFR 86.1811
  
  Legal Deadline: None
  
  Abstract: This action includes minor technical amendments to existing regulations that are consistent with our intention, under the original
  
  Tier 2 highway rule, to provide interim flexibilities for clean diesels in the passenger car market. The action will provide an alternative compliance option for a very limited set of NOx standards (high altitude and high speed/hard acceleration) and will maintain environmental neutrality via requirements for longer useful life and more stringent PM standards for vehicles using the option. The alternative compliance options will last for only 3 model years during which time advancements in diesel emissions control technologies can be further developed.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  Direct Final Action w/NPRM
  
  03/30/06
  
  71 FR 16053
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: None
  
  Additional Information: SAN No. 5028;
  
  Agency Contact: Todd Sherwood, Environmental Protection Agency, Air and
  
  Radiation, ASD, Washington, DC 48105
  
  Phone: 734 214-4405
  
  Email: sherwood.todd@epamail.epa.gov
  
  Robin Moran, Environmental Protection Agency, Air and Radiation, ASD,
  
  Washington, DC 48105
  
  Phone: 734 214-4781
  
  Email: moran.robin@epamail.epa.gov
  
  RIN: 2060-AN67
183. APPROVAL AND PROMULGATION OF IMPLEMENTATION
  
  PLANS; MAINE; NOX EXEMPTION REQUEST FOR NORTHERN MAINE
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: Clean Air Act
  
  CFR Citation: 00 CFR 00
  
  Legal Deadline: None
  
  Abstract: Under the 1-hour ozone standard, EPA granted a NOx waiver in 1995 to certain areas in northern Maine. These northern areas have always been in attainment for ozone, but had certain NOx obligations because Maine is in the Ozone Transport Region (OTR). A NOx waiver allows major sources of NOx to be exempt from the OTR New Source Review
  
  (NSR) and Reasonably Available Control Technology (RACT) requirements.
  
  Under the 8-hour ozone implementation policy, Maine needs to reapply for a NOx waiver in these areas, or NSR and RACT will be applicable again in northern Maine. In order to be granted a waiver by EPA, Maine needs to demonstrate that emissions of NOx in these areas do not cause or contribute to ozone nonattainment anywhere in the OTR. Maine submitted its most recent NOx
  
  Page 23325
  
  waiver petition to EPA on March 28, 2005. The Administrator must approve all NOx waiver requests. This has not been delegated to the regions.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  Final Action
  
  02/03/06
  
  71 FR 5791
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: State
  
  Additional Information: SAN No. 5026; EPA publication information:
  
  Final Action - http://www.epa.gov/fedrgstr/EPA-AIR/2006/February/Day- 03/a984.htm;
  
  Agency Contact: Richard Burkhart, Environmental Protection Agency, Air and Radiation, 1200 Pennsylvania Avenue NW, Washington, DC 20460
  
  Phone: 617 918-1664
  
  Email: burkhart.richard@epamail.epa.gov
  
  Alease Wright, Environmental Protection Agency, Air and Radiation, 1200
  
  Pennsylvania Avenue NW, Washington, DC 20460
  
  Phone: 202 564-7276
  
  Email: wright.alease@epamail.epa.gov
  
  RIN: 2060-AN79
  
  Environmental Protection Agency (EPA)
  
  Long-Term Actions
  
  Atomic Energy Act (AEA)
184. ENVIRONMENTAL RADIATION PROTECTION STANDARDS FOR THE DISPOSAL OF
  
  LOW-ACTIVITY MIXED RADIOACTIVE WASTE
  
  Priority: Other Significant
  
  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 to solicit early public input on this issue.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  ANPRM
  
  11/18/03
  
  68 FR 65120
  
  NPRM
  
  06/00/07
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: Federal
  
  Additional Information: SAN No. 4054;
  
  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
185. TECHNICAL CHANGE TO DOSE METHODOLOGY FOR 40 CFR PART 190, SUBPART
  
  B AND 40 CFR 191, SUBPART A
  
  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 191(A)
  
  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 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 26. This action would update the 40 CFR 191, subpart A dose limits published in 1985 from the target organ to the state-of-the-art effective dose equivalent system. There would be no change in the level of protection, just the scientific methodology for determining compliance with the levels of protection established in 1985.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  08/00/07
  
  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: 202 343-9198
  
  Email: clark.ray@epa.gov
  
  RIN: 2060-AH90
  
  Page 23326
  
  Environmental Protection Agency (EPA)
  
  Prerule Stage
  
  Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
186. PESTICIDES; DETERMINATION OF STATUS OF PRIONS
  
  AS PESTS
  
  Priority: Other Significant
  
  Legal Authority: 7 USC 136; 7 USC 136w
  
  CFR Citation: 40 CFR 152
  
  Legal Deadline: None
  
  Abstract: Prions (proteinaceous infectious particles) are considered to be pests under the Federal Insecticide, Fungicide, and Rodenticide Act
  
  (FIFRA). The Agency is considering whether to propose a rule to amend an existing regulation that lists what organisms are pests, in order to make clear that prions are pests, and that a product or mixture of substances intended to prevent, destroy, repel or mitigate prions would be considered to be a pesticide subject to regulation under FIFRA. The
  
  Agency may issue an ANPRM to seek comment and foster discussion of this issue.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  ANPRM
  
  04/00/07
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: Federal
  
  Additional Information: SAN No. 4985;
  
  Agency Contact: Carlton Kempter, Environmental Protection Agency,
  
  Office of Prevention, Pesticides and Toxic Substances, 7510C,
  
  Washington, DC 20460
  
  Phone: 703 305-5448
  
  Fax: 703 305-6467
  
  Email: kempter.carlton@epa.gov
  
  RIN: 2070-AJ26
  
  Environmental Protection Agency (EPA)
  
  Proposed Rule Stage
  
  Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
187. PESTICIDES; DATA REQUIREMENTS FOR ANTIMICROBIALS
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 7 USC 136 to 136y
  
  CFR Citation: 40 CFR 158
  
  Legal Deadline: None
  
  Abstract: EPA will update and revise its pesticide data requirements for antimicrobial products. The data requirements specify the data that are required for EPA to evaluate the registrability of a pesticide product. The revisions will also clarify the data requirements for all antimicrobials to reflect current practice.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  12/00/06
  
  Regulatory Flexibility Analysis Required: Undetermined
  
  Small Entities Affected: Businesses
  
  Government Levels Affected: Federal
  
  Additional Information: SAN No. 4173;
  
  Sectors Affected: 32519 Other Basic Organic Chemical Manufacturing; 32551 Paint and Coating Manufacturing; 32532 Pesticide and Other
  
  Agricultural Chemical Manufacturing; 32561 Soap and Cleaning Compound
  
  Manufacturing
  
  URL For More Information: http://www.epa.gov/pesticides/regulating/data.htm
  
  Agency Contact: Paul Parsons, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7506C, Washington, DC 20460
  
  Phone: 703 308-9073
  
  Fax: 703 305-5884
  
  Email: parsons.paul@epamail.epa.gov
  
  Jean Frane, Environmental Protection Agency, Office of Prevention,
  
  Pesticides and Toxic Substances, 7506C, Washington, DC 20460
  
  Phone: 703 305-5944
  
  Fax: 703 305-5884
  
  Email: frane.jean@epa.gov
  
  RIN: 2070-AD30
188. PLANT INCORPORATED PROTECTANTS (PIPS); EXEMPTION FOR THOSE BASED
  
  ON VIRAL COAT PROTEIN GENES
  
  Priority: Other Significant
  
  Legal Authority: 21 USC 346(a) et seq; 7 USC 136 et seq
  
  CFR Citation: 40 CFR 174
  
  Legal Deadline: None
  
  Abstract: EPA is considering the addition of plant-incorporated protectants based on viral coat protein genes to its plant-incorporated protectants exemptions at 40 CFR 174. Substances which plants produce for protection against pests, and the genetic material necessary to produce them, are pesticides under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), if humans intend these substances to
  
  ``prevent, repel or mitigate any pest.'' These substances are also
  
  ``pesticide chemical residues'' under the Federal Food, Drug, and
  
  Cosmetic Act (FFDCA). Therefore, EPA is concurrently considering the exemption of plant-incorporated protectants based on viral coat protein genes from the requirement of a tolerance under section 408 of the
  
  FFDCA. Due to public interest and new scientific information, additional public comment on this proposal, originally published in 1994, was requested in a 2001 Supplemental Proposal (66 FR 37855).
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  11/23/94
  
  59 FR 60496
  
  Supplemental NPRM 1
  
  07/22/96
  
  61 FR 37891
  
  Supplemental NPRM 2
  
  05/16/97
  
  62 FR 27132
  
  Supplemental NPRM 3
  
  04/23/99
  
  64 FR 19958
  
  Supplemental NPRM 4
  
  07/19/01
  
  66 FR 37855
  
  Reproposal
  
  12/00/06
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: Federal
  
  Additional Information: SAN No. 4602; This action is a continuation of the action described in RIN 2070-AC02. Since several pieces of that action are now finalized, the Agency is splitting this piece into a separate Agenda entry so that it can continue to be tracked separately.
  
  Sectors Affected: 111 Crop Production; 32532 Pesticide and Other
  
  Agricultural Chemical Manufacturing; 54171 Research and Development in the Physical Sciences and Engineering Sciences
  
  Page 23327
  
  URL For More Information: http://www.epa.gov/pesticides/biopesticides/pips/index.htm
  
  Agency Contact: Melissa Kramer, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7202M, Washington, DC 20460
  
  Phone: 202 564-8497
  
  Fax: 202 564-8502
  
  Email: kramer.melissa@epa.gov
  
  Tom McClintock, Environmental Protection Agency, Office of Prevention,
  
  Pesticides and Toxic Substances, 7202M, Washington, DC 20460
  
  Phone: 202 564-8488
  
  Fax: 202 564-8502
  
  Email: mcclintock.tom@epa.gov
  
  RIN: 2070-AD49
189. PESTICIDES: DATA REQUIREMENTS FOR PLANT-
  
  INCORPORATED PROTECTANTS (PIPS)
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 7 USC 136a; 7 USC 136w
  
  CFR Citation: 40 CFR 174
  
  Legal Deadline: None
  
  Abstract: EPA intends to propose codifying data requirements for the pesticide registration of plant-incorporated protectants (PIPs). These data requirements are intended to provide EPA with data and other information necessary for the registration of PIPs. These requirements would improve the Agency's ability to make regulatory decisions about the human health and environmental effects of these products. By codifying data requirements specific to PIPs, the regulated community would have a better understanding of and could better prepare for the registration process. This proposed rule is one in a series of proposals to update and clarify pesticide data requirements. EPA has proposed data requirements for conventional pesticides (70 FR 12276;
  
  March 11, 2005) and is developing data requirements specific to antimicrobial, biochemical, and microbial pesticides.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  02/00/07
  
  Regulatory Flexibility Analysis Required: Undetermined
  
  Small Entities Affected: Businesses
  
  Government Levels Affected: Federal
  
  Additional Information: SAN No. 5005;
  
  Agency Contact: Kristen Brush, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7506C, Washington, DC 20460
  
  Phone: 703 308-0308
  
  Email: brush.kristen@epa.gov
  
  William Schneider, Environmental Protection Agency, Office of
  
  Prevention, Pesticides and Toxic Substances, 7511C, Washington, DC 20460
  
  Phone: 703 308-8683
  
  Fax: 703 308-7026
  
  Email: schneider.william@epa.gov
  
  RIN: 2070-AJ27
190. PESTICIDES; EXPANSION OF CROP GROUPING PROGRAM
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 21 USC 346a
  
  CFR Citation: 40 CFR 180
  
  Legal Deadline: None
  
  Abstract: EPA is revising the pesticide crop grouping regulations to create new crop groupings, add new subgroups, and expand existing crop groups by adding new commodities. EPA expects these revisions to promote greater use of crop grouping for tolerance-setting purposes and to facilitate the availability of pesticides for minor crop uses.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  08/00/06
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: Federal
  
  Additional Information: SAN No. 5031;
  
  Agency Contact: Rame Cromwell, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7506C, Washington, DC 20460
  
  Phone: 703 308-9068
  
  Fax: 703 305-5884
  
  Email: cromwell.rame@epa.gov
  
  Jean Frane, Environmental Protection Agency, Office of Prevention,
  
  Pesticides and Toxic Substances, 7506C, Washington, DC 20460
  
  Phone: 703 305-5944
  
  Fax: 703 305-5884
  
  Email: frane.jean@epa.gov
  
  RIN: 2070-AJ28
191. PESTICIDE AGRICULTURAL CONTAINER RECYCLING
  
  PROGRAM
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 7 USC 136 to 136y
  
  CFR Citation: 40 CFR 165
  
  Legal Deadline: None
  
  Abstract: EPA will propose to require that large pesticide manufacturers of agricultural pesticides and specialty chemicals support (either manage and operate or contract with another organization) a container recycling program that meets the standards of the American National Standards Institute (ANSI). The registrant's level of support for the program would be proportional to the quantity of disposable plastic containers he introduces into the marketplace.
  
  The proposed regulation will ensure the continued operation of an existing but endangered nationwide infrastructure for voluntary recycling of plastic pesticide containers. Recycling of pesticide containers will continue to be voluntary for farmers and dealers. The proposed regulation has the support of pesticide registrants, state regulators and agricultural retailers and dealers. The existing voluntary program, with an annual budget of less than $4 million, has successfully recycled over 80 million pounds of plastic pesticide containers over the past 12 years. The program is not self-sustainable and is in danger of collapse in spite of a nationwide infrastructure.
  
  This proposed rule would have minimal additional cost imposed on registrants (less than $5 million), would have no cost for small businesses. Companies meeting the SBA definition of NANOSCALE MATERIALS STEWARDSHIP PROGRAM
  
  Priority: Other Significant
  
  Legal Authority: 15 USC 2601 et seq
  
  CFR Citation: Not Yet Determined
  
  Legal Deadline: None
  
  Abstract: Nanoscale materials are chemical substances containing structures in the scale of approximately 1 to 100 nanometers, and may have different molecular organizations and properties than the same chemical substances in a larger scale. Because such materials may have novel properties and present novel issues, evaluating and managing health and environmental risks of nanoscale materials poses a new challenge. Under the Toxic Substances Control Act, EPA has the authority to require the development of data adequate for the assessment of chemical substances and mixtures from persons that manufacture or process them, and to prevent and eliminate unreasonable risk of injury to human health and environment from chemical substances and mixtures. The Office of Prevention, Pesticides and Toxic Substances is considering establishing a stewardship program to assemble existing data and information from manufacturers and processors of certain nanoscale materials. With this assembled material, EPA will take appropriate steps to protect human health and the environment from unreasonable risk from these substances.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  Notice
  
  08/00/06
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: Businesses
  
  Government Levels Affected: None
  
  Additional Information: SAN No. 5058;
  
  Agency Contact: Jim Alwood, Environmental Protection Agency, Office of
  
  Prevention, Pesticides and Toxic Substances, 7405M, Washington, DC 20460
  
  Phone: 202 564-8974
  
  Fax: 202 564-4775
  
  Email: alwood.jim@epa.gov
  
  Jim Willis, Environmental Protection Agency, Office of Prevention,
  
  Pesticides and Toxic Substances, 7405M, Washington, DC 20460
  
  Phone: 202 564-0104
  
  Fax: 202 564-9490
  
  Email: willis.jim@epamail.epa.gov
  
  RIN: 2070-AJ30
  
  Environmental Protection Agency (EPA)
  
  Proposed Rule Stage
  
  Toxic Substances Control Act (TSCA)
192. LEAD-BASED PAINT ACTIVITIES; AMENDMENTS FOR RENOVATION, REPAIR AND
  
  PAINTING
  
  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 2682 and 2684 TSCA secs 402 and 404
  
  CFR Citation: 40 CFR 745
  
  Legal Deadline: Final, Statutory, October 28, 1996.
  
  NPRM, Statutory, December 30, 2005, Administration deadline.
  
  Abstract: The Environmental Protection Agency is developing a comprehensive program for the management of renovation, repair and painting activities involving lead-based paint hazards. The program will be comprised of a combination of approaches including an extensive education and outreach campaign for lead-safe work practices and training for industry, an outreach campaign designed to expand consumer awareness and create demand for the use of lead-safe work practices, and the proposal of regulatory requirements. On January 10, 2006, the
  
  EPA proposed regulatory requirements for renovation, repair and painting contractors involved in activities where, as a result of their work, lead hazards are created. [Modifications to the abatement requirements will also be considered to ensure compatibility between the existing requirements and any future renovation requirements.]
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  01/10/06
  
  71 FR 1588
  
  Page 23336
  
  NPRM: Extension of Comment
  
  Period
  
  04/06/06
  
  71 FR 17409
  
  Regulatory Flexibility Analysis Required: Yes
  
  Small Entities Affected: Businesses, Governmental Jurisdictions,
  
  Organizations
  
  Government Levels Affected: Federal, Local, State, Tribal
  
  Additional Information: SAN No. 3557; EPA publication information: NPRM
  
  - http://www.epa.gov/fedrgstr/EPA-TOX/2006/January/Day-10/t071.htm; EPA
  
  Docket information: EPA-HQ-OPPT-2005-0049; Individual Document id in the EPA docket: www.regulations.gov
  
  Sectors Affected: 23599 All Other Special Trade Contractors; 23551
  
  Carpentry Contractors; 53111 Lessors of Residential Buildings and
  
  Dwellings; 23322 Multifamily Housing Construction; 23521 Painting and
  
  Wall Covering Contractors; 531311 Residential Property Managers; 23321
  
  Single Family Housing Construction; 54138 Testing Laboratories
  
  URL For More Information: http://www.epa.gov/oppt/lead/pubs/renovation.htm
  
  Agency Contact: Mike Wilson, Environmental Protection Agency, Office of
  
  Prevention, Pesticides and Toxic Substances, 7404T, Washington, DC 20460
  
  Phone: 202 566-0521
  
  Fax: 202 566-0471
  
  Email: wilson.mike@epa.gov
  
  Julie Simpson, Environmental Protection Agency, Office of Prevention,
  
  Pesticides and Toxic Substances, 7404T, Washington, DC 20460
  
  Phone: 202 566-1980
  
  Fax: 202 566-0471
  
  Email: simpson.julie@epa.gov
  
  RIN: 2070-AC83
193. POLYCHLORINATED BIPHENYLS (PCBS); EXEMPTIONS FROM THE PROHIBITIONS
  
  AGAINST MANUFACTURING, PROCESSING, AND DISTRIBUTION IN COMMERCE
  
  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.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM: New DOD Petition
  
  10/00/06
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: Businesses
  
  Government Levels Affected: Federal
  
  Additional Information: SAN No. 2150;
  
  Sectors Affected: 2211 Electric Power Generation, Transmission and
  
  Distribution; 31-33 Manufacturing; 5133 Telecommunications
  
  URL For More Information: www.epa.gov/pcb
  
  Agency Contact: Peter Gimlin, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7404T, Washington, DC 20460
  
  Phone: 202 566-0515
  
  Fax: 202 566-0473
  
  Email: gimlin.peter@epamail.epa.gov
  
  Tom Simons, Environmental Protection Agency, Office of Prevention,
  
  Pesticides and Toxic Substances, 7404T, Washington, DC 20460
  
  Phone: 202 566-0517
  
  Fax: 202 566-0473
  
  Email: simons.tom@epamail.epa.gov
  
  RIN: 2070-AB20
194. 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: EPA is proposing a test rule under section 4(a) of the Toxic
  
  Substances Control Act (TSCA) requiring manufacturers and processors of eight chemicals to fulfill data needs identified by the Agency for
  
  Toxic Substances and Disease Registry (ATSDR) and EPA pursuant to the
  
  Comprehensive Environmental Response, Compensation, and Liability Act
  
  (CERCLA) section 104(i). Under CERCLA, ATSDR is to establish a list of priority hazardous substances found at superfund sites, develop toxicological profiles for the hazardous substances, identify priority data needs, and establish a research program obtaining the necessary data. This action is a component of ATSDR's research program. Data from this action would provide specific information about the substances for the public and scientific community. The information would be used in conducting comprehensive public health assessments of populations living near hazardous waste sites. Scientific data improves the quality of risk assessments used by EPA, other Federal agencies, and State and local governments. The risk assessments affect standards, guidelines, listing/delisting, and other decisions affecting public health and the environment. In addition, this action would require manufacturers and processors to develop data for these chemicals that will be used by EPA under the Clean Air Act (CAA) to evaluate residual risks from hazardous air pollutants (HAPs) on the list of HAPs in the CAA under section 112(f), 42 USC 7412(f) and sections 112(d and e). Data from this action would also be used to support implementation of several provisions of section 112 of the CAA including, determining risks remaining after the application of technology based standards under section 112(d) of the
  
  CAA, estimating the risks associated with accidental releases, and determining whether or not substances should be removed (delisted) from section (b)(1) of the CAA list of HAPS.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  08/00/06
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: Businesses
  
  Government Levels Affected: Federal
  
  Page 23337
  
  Additional Information: SAN No. 2563;
  
  Sectors Affected: 325 Chemical Manufacturing; 32411 Petroleum
  
  Refineries
  
  URL For More Information: www.epa.gov/oppt/chemtest
  
  Agency Contact: Robert Jones, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7405M, Washington, DC 20460
  
  Phone: 202 564-8161
  
  Fax: 202 564-4765
  
  Email: jones.robert@epamail.epa.gov
  
  Greg Schweer, Environmental Protection Agency, Office of Prevention,
  
  Pesticides and Toxic Substances, 7405M, Washington, DC 20460
  
  Phone: 202 564-8469
  
  Fax: 202 564-4765
  
  Email: schweer.greg@epa.gov
  
  RIN: 2070-AB79
195. TEST RULE; TESTING OF CERTAIN HIGH PRODUCTION VOLUME (HPV)
  
  CHEMICALS
  
  Priority: Other Significant
  
  Legal Authority: 15 USC 2603
  
  CFR Citation: 40 CFR 790 to 799
  
  Legal Deadline: None
  
  Abstract: EPA is issuing 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.
  
  The number of chemicals included in the first final rule may be reduced based on new information on annual production volumes, worker exposure, and commitments to the voluntary HPV Challenge Program. Subsequent test rules will require similar screening level testing for other unsponsored HPV Challenge Program chemicals.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  12/26/00
  
  65 FR 81658
  
  Final Action
  
  03/16/06
  
  71 FR 13709
  
  NPRM2
  
  03/00/07
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: Businesses
  
  Government Levels Affected: Federal
  
  Additional Information: SAN No. 3990; EPA Docket information: EPA-HQ-
  
  OPPT-2005-0033
  
  Sectors Affected: 325 Chemical Manufacturing; 32411 Petroleum
  
  Refineries
  
  URL For More Information: www.epa.gov/opptintr/chemtest
  
  Agency Contact: Catherine Roman, Environmental Protection Agency,
  
  Office of Prevention, Pesticides and Toxic Substances, 7405M,
  
  Washington, DC 20460
  
  Phone: 202 564-8172
  
  Fax: 202 564-4765
  
  Email: roman.catherine@epamail.epa.gov
  
  Greg Schweer, Environmental Protection Agency, Office of Prevention,
  
  Pesticides and Toxic Substances, 7405M, Washington, DC 20460
  
  Phone: 202 564-8469
  
  Fax: 202 564-4765
  
  Email: schweer.greg@epa.gov
  
  RIN: 2070-AD16
196. SIGNIFICANT NEW USE RULE (SNUR); MERCURY SWITCHES IN MOTOR
  
  VEHICLES
  
  Priority: Routine and Frequent
  
  Legal Authority: 15 USC 2604
  
  CFR Citation: 40 CFR 721
  
  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 mercury used in convenience light switches, anti-lock braking system (ABS) sensors, and active ride control sensors in motor vehicles. This action would require persons who intend to manufacture, import, or process mercury for these uses, including when mercury is imported or processed as part of an article, to notify EPA at least 90 days before commencing such activity. The required notice would provide EPA with the opportunity to evaluate the use of mercury in these switches, and, if necessary, to prohibit or limit such activity before it occurs to prevent unreasonable risk of injury to human health or the environment.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  04/00/06
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: None
  
  Additional Information: SAN No. 4983;
  
  Sectors Affected: 335931 Current-Carrying Wiring Device Manufacturing; 3363 Motor Vehicle Parts Manufacturing
  
  Agency Contact: Ellie Clark, Environmental Protection Agency, Office of
  
  Prevention, Pesticides and Toxic Substances, 7404T, Washington, DC 20460
  
  Phone: 202 566-0498
  
  Fax: 202 566-0469
  
  Email: clark.ellie@epamail.epa.gov
  
  Nancy Wilson, Environmental Protection Agency, Office of Prevention,
  
  Pesticides and Toxic Substances, 1200 Pennsylvania Avenue NW,
  
  Washington, DC 20460
  
  Phone: 202 566-0492
  
  Email: wilson.nancy@epa.gov
  
  RIN: 2070-AJ19
197. SIGNIFICANT NEW USE RULE (SNUR); SELECTED FLAME RETARDANT CHEMICAL
  
  SUBSTANCES FOR USE IN RESIDENTIAL UPHOLSTERED FURNITURE
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 15 USC 2604 TSCA 5
  
  CFR Citation: 40 CFR 704; 40 CFR 721; 40 CFR 707; 40 CFR 710
  
  Legal Deadline: None
  
  Abstract: In support of the residential upholstered furniture (RUF) flammability standards under consideration by the Consumer Product
  
  Safety Commission (CPSC), EPA would propose a significant new use rule
  
  (SNUR) under section 5 of the Toxic
  
  Page 23338
  
  Substances Control Act (TSCA) covering certain flame retardant chemicals for use in RUF. The SNUR would require companies intending to import, manufacture or process these chemicals for use as a flame retardant in RUF to submit a significant new use notice (SNUN) to the
  
  Agency at least 90 days prior to beginning those activities. The required notice will provide EPA with the opportunity to evaluate their use as flame retardant chemicals in RUF, and if necessary to prohibit or limit such activity before it occurs to prevent any unreasonable risk of injury to human health or the environment.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  07/00/06
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: Businesses
  
  Government Levels Affected: Federal, State
  
  Additional Information: SAN No. 4512; ; EPA Docket information: EPA-HQ-
  
  OPPT-2002-0074
  
  Sectors Affected: 325 Chemical Manufacturing; 313 Textile Mills; 337121
  
  Upholstered Household Furniture Manufacturing
  
  Agency Contact: John Bowser, Environmental Protection Agency, Office of
  
  Prevention, Pesticides and Toxic Substances, 7405M, Washington, DC 20460
  
  Phone: 202 564-8082
  
  Fax: 202 564-4775
  
  Email: bowser.john@epamail.epa.gov
  
  Amy Breedlove, Environmental Protection Agency, Office of Prevention,
  
  Pesticides and Toxic Substances, 7405M, Washington, DC 20460
  
  Phone: 202 564-9823
  
  Fax: 202 564-4775
  
  Email: breedlove.amy@epa.gov
  
  RIN: 2070-AD48
198. TSCA INVENTORY NOMENCLATURE FOR ENZYMES AND PROTEINS
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 15 USC 2604
  
  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). 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
  
  11/15/04
  
  69 FR 65565
  
  NPRM
  
  12/00/06
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: None
  
  Additional Information: SAN No. 4878; ; EPA Docket information: OPPT- 2003-0058
  
  Agency Contact: Jim Alwood, Environmental Protection Agency, Office of
  
  Prevention, Pesticides and Toxic Substances, 7405M, Washington, DC 20460
  
  Phone: 202 564-8974
  
  Fax: 202 564-4775
  
  Email: alwood.jim@epa.gov
  
  Henry Lau, Environmental Protection Agency, Office of Prevention,
  
  Pesticides and Toxic Substances, 7406M, Washington, DC 20460
  
  Phone: 202 564-8572
  
  Email: lau.henry@epamail.epa.gov
  
  RIN: 2070-AJ04
199. POLYCHLORINATED BIPHENYLS (PCBS); EXEMPTION REQUEST FROM U.S.
  
  MARITIME ADMINISTRATION (MARAD)
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 15 USC 2605 TSCA 6(e)(3)(B)
  
  CFR Citation: 40 CFR 761
  
  Legal Deadline: None
  
  Abstract: The U.S. Maritime Administration (MARAD) is responsible for disposing of surplus Navy non-combatant ships; many of these ships contain polychlorinated biphenyls (PCBs) in electrical equipment, and are contaminated with > 50 ppm PCBs in paint, gaskets and cable that cannot be easily removed. In 2003, MARAD exported four surplus ships to a shipyard in the United Kingdom, Able UK, for scrapping; however, the planned export of an additional nine ships had been prevented by a temporary restraining order issued by the U.S. District Court for D.C.
  
  Although EPA issued a letter of enforcement discretion in May 2003, on
  
  July 29, 2004, MARAD submitted a partial petition for an export ban exemption under TSCA 6(e)(3)(B). Upon receipt of a completed petition, the Agency will conclude its review. EPA can grant these petitions through notice-and-comment rulemaking for a period of up to one year, provided it can make a finding of no unreasonable risk and good faith efforts to find substitutes.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  05/00/06
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: Federal
  
  Additional Information: SAN No. 2150.1; Split from RIN 2070-AB20.; EPA
  
  Docket information: OPPT-2004-0107
  
  URL For More Information: www.epa.gov/pcb/
  
  Agency Contact: Peter Gimlin, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7404T, Washington, DC 20460
  
  Phone: 202 566-0515
  
  Fax: 202 566-0473
  
  Email: gimlin.peter@epamail.epa.gov
  
  Tony Baney, Environmental Protection Agency, Office of Prevention,
  
  Pesticides and Toxic Substances, 7404, Washington, DC 20460
  
  Phone: 202 566-0514
  
  Fax: 202 566-0473
  
  Email: baney.tony@epamail.epa.gov
  
  RIN: 2070-AJ05
  
  Page 23339
200. 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. Either prior to or after commencing the manufacture of the chemical substance, the company may want to transfer the right to manufacture the chemical substance to a new company as part of a merger, corporate reorganization, or other business transaction. The Act can be interpreted as requiring the transferee of a right to manufacture to submit a new premanufacture notice to the Agency, because the transferee is a new person. However, 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 formal guidance concerning the procedure for transferring rights to manufacture, this issue has not been addressed in a clear and consistent manner. Furthermore, it is not clear if a transferee of a right to manufacture is liable under the Act to the same extent as the transferor. Therefore, to clarify these issues, EPA proposes to adopt a rule to accomplish several purposes: (1) To provide a clear procedural mechanism to facilitate the transfer of rights to manufacture to new persons; (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 of a right to manufacture, thereby allowing the Agency to engage in more meaningful compliance monitoring.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  12/00/06
  
  Regulatory Flexibility Analysis Required: Undetermined
  
  Government Levels Affected: None
  
  Additional Information: SAN No. 4975;
  
  Agency Contact: James Vinch, Environmental Protection Agency, Office of
  
  Prevention, Pesticides and Toxic Substances, 7405M, Washington, DC 20460
  
  Phone: 202 564-1256
  
  Fax: 202 564-1256
  
  Email: vinch.james@epa.gov
  
  RIN: 2070-AJ15
201. CLARIFICATION ON GUIDANCE FOR ACTIVATED PHOSPHORS
  
  Priority: Info./Admin./Other
  
  Legal Authority: 15 USC 2604
  
  CFR Citation: 40 CFR 720
  
  Legal Deadline: None
  
  Abstract: EPA is developing guidance to clarify the chemical identification of activated phosphors for purposes of the Toxic
  
  Substances Control Act (TSCA) Chemical Substance Inventory (TSCA
  
  Inventory). Specifically, the Agency is developing guidance to clarify that an activated phosphors 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 this has not been clear 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 intends to seek public comment on draft guidance in this area to ensure that the necessary clarity is provided.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  Notice
  
  11/00/06
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: None
  
  Additional Information: SAN No. 4984;
  
  Agency Contact: David Schutz, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7405M, Washington, DC 20460
  
  Phone: 202 564-9262
  
  Fax: 202 564-9262
  
  Email: schutz.david@epa.gov
  
  Linda Gerber, Environmental Protection Agency, Office of Prevention,
  
  Pesticides and Toxic Substances, 7405M, Washington, DC 20460
  
  Phone: 202 564-9262
  
  Fax: 202 564-9262
  
  Email: gerber.linda@epa.gov
  
  RIN: 2070-AJ21
  
  Environmental Protection Agency (EPA)
  
  Final Rule Stage
  
  Toxic Substances Control Act (TSCA)
202. AMENDMENT TO THE PREMANUFACTURE NOTIFICATION EXEMPTIONS; REVISIONS
  
  OF EXEMPTIONS FOR POLYMERS
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 15 USC 2604
  
  CFR Citation: 40 CFR 723
  
  Legal Deadline: None
  
  Abstract: In September 2005, 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
  
  Page 23340
  
  premanufacture review process prior to commencing the manufacture or import of such polymers. EPA believes this proposed change to the current regulation is necessary because, based on recent information,
  
  EPA can no longer conclude that these polymers ``will not present an unreasonable risk to human health or the environment,'' which is the determination necessary to support an exemption under TSCA, such as the
  
  Polymer Exemption Rule.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  03/07/06
  
  71 FR 11485
  
  Final Action
  
  12/00/07
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: Businesses
  
  Government Levels Affected: None
  
  Additional Information: SAN No. 4635;
  
  Sectors Affected: 325 Chemical Manufacturing; 327 Nonmetallic Mineral
  
  Product Manufacturing; 326 Plastics and Rubber Products Manufacturing
  
  Agency Contact: Geraldine Hilton, Environmental Protection Agency,
  
  Office of Prevention, Pesticides and Toxic Substances, 7405,
  
  Washington, DC 20460
  
  Phone: 202 564-8986
  
  Fax: 202 564-9490
  
  Email: hilton.geraldine@epa.gov
  
  Rebecca Cool, Environmental Protection Agency, Office of Prevention,
  
  Pesticides and Toxic Substances, 1200 Pennsylvania Avenue NW,
  
  Washington, DC 20460
  
  Phone: 202 564-9138
  
  Email: cool.rebecca@epa.gov
  
  RIN: 2070-AD58
203. SIGNIFICANT NEW USE RULE (SNUR); CHEMICAL-SPECIFIC SNURS TO EXTEND
  
  PROVISIONS OF SECTION 5(E) ORDERS
  
  Priority: Routine and Frequent
  
  Legal Authority: 15 USC 2604
  
  CFR Citation: 40 CFR 721
  
  Legal Deadline: None
  
  Abstract: When the Agency determines that uncontrolled manufacture, import, processing, distribution, use or disposal of a premanufacture notification (PMN) substance may present an unreasonable risk, it may issue a section 5(e) consent order to limit these activities. However, such orders apply only to the PMN submitter. Once the new substance is entered on the Toxic Substances Control Act (TSCA) chemical inventory, others can manufacture, import or process the substance without controls. Therefore, EPA extends the controls to apply to others by designating manufacture, import or processing of the substances for uses without the specified controls as significant new uses. Under the
  
  Expedited Follow-Up Rule, which became effective on October 10, 1989
  
  (54 FR 31314), EPA routinely publishes batch SNURs containing routine section 5(e) and non-5(e) SNURs. However, certain activities, such as modifications, withdrawals, revocations, and SNURs upon which comments are received in the direct final publication process, are subject to notice and comment rulemaking and are listed below.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM: Aromatic Amino Ether (P90- 1840)
  
  06/06/94
  
  59 FR 29255
  
  NPRM: Alkenyl Ether of
  
  Alkanetriol Polymer (93-458) 12/19/94
  
  59 FR 65289
  
  NPRM: Certain Chemical
  
  Substances (91-1299/95-1667 91- 1298 91-1297)
  
  06/26/97
  
  62 FR 34421
  
  Final: Alkenyl Ether of
  
  Alkanetriol Polymer (93-458) 12/00/06
  
  Final: Aromatic Amino Ether
  
  (P90-1840)
  
  12/00/06
  
  Final: Certain Chemical
  
  Substances (91-1299/95-1667 91- 1298 91-1297)
  
  12/00/06
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: Businesses
  
  Government Levels Affected: None
  
  Additional Information: SAN No. 3495;
  
  Sectors Affected: 325 Chemical Manufacturing; 324 Petroleum and Coal
  
  Products Manufacturing
  
  URL For More Information: http://www.epa.gov/opptintr/newchems/cnosnurs.htm
  
  Agency Contact: Jim Alwood, Environmental Protection Agency, Office of
  
  Prevention, Pesticides and Toxic Substances, 7405M, Washington, DC 20460
  
  Phone: 202 564-8974
  
  Fax: 202 564-4775
  
  Email: alwood.jim@epa.gov
  
  Rebecca Cool, Environmental Protection Agency, Office of Prevention,
  
  Pesticides and Toxic Substances, 1200 Pennsylvania Avenue NW,
  
  Washington, DC 20460
  
  Phone: 202 564-9138
  
  Email: cool.rebecca@epa.gov
  
  RIN: 2070-AB27
204. 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. These data will be used to monitor the levels of production, import and/or processing of these substances and the avenues of human and environmental exposure to these substances.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  Final 51st ITC List
  
  06/11/03
  
  68 FR 34832
  
  Final 53rd ITC List
  
  12/07/04
  
  69 FR 70552
  
  Final 55th AND 56th ITC Lists 04/00/06
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: Businesses
  
  Government Levels Affected: None
  
  Additional Information: SAN No. 2178;
  
  Sectors Affected: 325 Chemical Manufacturing; 32411 Petroleum
  
  Refineries
  
  URL For More Information:
  
  Page 23341
  
  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@epamail.epa.gov
  
  Joseph Nash, Environmental Protection Agency, Office of Prevention,
  
  Pesticides and Toxic Substances, 7405M, Washington, DC 20460
  
  Phone: 202 564-8886
  
  Fax: 202 564-4765
  
  Email: nash.joseph@epamail.epa.gov
  
  RIN: 2070-AB08
205. TSCA SECTION 8(D) HEALTH AND SAFETY DATA REPORTING RULES
  
  Priority: Routine and Frequent
  
  Legal Authority: 15 USC 2607(d) TSCA 8(d)
  
  CFR Citation: 40 CFR 716
  
  Legal Deadline: None
  
  Abstract: These rules require chemical manufacturers, importers and processors to submit unpublished health and safety data on chemicals added to the Toxic Substances Control Act (TSCA) section 8(d) Health and Safety Data Reporting Rule (40 CFR part 716). These chemicals have been identified by the Office of Pollution Prevention and Toxics, other
  
  EPA offices, and other Federal agencies, as well as recommended for testing consideration by the Interagency Testing Committee (ITC). The
  
  Regulatory Agenda identifies the most recent rules and any anticipated rules.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  Final: 51st ITC List (has actions from lists 43, 47, and 50)
  
  05/04/04
  
  69 FR 24517
  
  Final: 55th and 56th ITC Lists 04/00/06
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: Businesses
  
  Government Levels Affected: None
  
  Additional Information: SAN No. 1139;
  
  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@epamail.epa.gov
  
  John Harris, Environmental Protection Agency, Office of Prevention,
  
  Pesticides and Toxic Substances, 7405M, Washington, DC 20460
  
  Phone: 202 564-8156
  
  Fax: 202 564-4765
  
  Email: harris.john@epa.gov
  
  RIN: 2070-AB11
206. VOLUNTARY HIGH PRODUCTION VOLUME (HPV) CHEMICAL CHALLENGE PROGRAM
  
  Priority: Other Significant
  
  Legal Authority: 15 USC 2601 et seq. (TSCA)
  
  CFR Citation: 00 CFR None
  
  Legal Deadline: None
  
  Abstract: One of the key components of the Chemical Right-to-Know
  
  (ChemRTK) Initiative is the HPV Challenge Program. The goal of this program is to ensure that a baseline set of health and environmental effects data on approximately 2,800 high production volume (HPV) chemicals is made available to EPA and the public. U.S. HPV chemicals are industrial chemicals that are manufactured or imported into the
  
  United States in volumes of 1 million pounds or more per year. U.S.
  
  Manufacturers and importers of HPV chemicals were invited to voluntarily sponsor chemicals in the HPV Challenge Program. Sponsorship entails the identification and initial assessment of the adequacy of existing information, the conduct of new testing only if adequate information does not exist, and making the new and existing test results available to the public. The Agency is considering specific chemicals which are not voluntarily sponsored in the HPV Challenge
  
  Program as candidates for rules under section 4 and 8 of the Toxic
  
  Substances Control Act (TSCA). Although this Initiative is not a rulemaking, EPA has included it in the Regulatory Agenda to inform the public.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  Notice
  
  12/26/00
  
  65 FR 81686
  
  Notice: Initiative Complete
  
  07/00/06
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: Businesses, Governmental Jurisdictions
  
  Government Levels Affected: Federal
  
  Additional Information: SAN No. 4176; See also items identified under the following RINs 2070-AD09; 2070-AD38; RIN 2070-AD16; RIN 2070-AC27.
  
  Sectors Affected: 325 Chemical Manufacturing; 32411 Petroleum
  
  Refineries
  
  URL For More Information: www.epa.gov/chemrtk/volchall.htm
  
  Agency Contact: Diane Sheridan, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7405M, Washington, DC 20460
  
  Phone: 202 564-8176
  
  Fax: 202 564-4775
  
  Email: sheridan.diane@epamail.epa.gov
  
  Amy Breedlove, Environmental Protection Agency, Office of Prevention,
  
  Pesticides and Toxic Substances, 7405M, Washington, DC 20460
  
  Phone: 202 564-9823
  
  Fax: 202 564-4775
  
  Email: breedlove.amy@epa.gov
  
  RIN: 2070-AD25
207. SIGNIFICANT NEW USE RULE (SNUR); CERTAIN POLYBROMINATED DIPHENYL
  
  ETHERS (PBDES)
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 15 USC 2604 TSCA sec 5
  
  CFR Citation: 40 CFR 704; 40 CFR 707; 40 CFR 710; 40 CFR 721
  
  Legal Deadline: None
  
  Abstract: EPA proposed a significant new use rule (SNUR) under section 5 of the Toxic Substances Control Act (TSCA) covering certain polybrominated diphenylethers (PBDEs). The SNUR would require companies wanting to import or manufacture these chemicals for the significant new uses described in the SNUR to submit a significant new use notice
  
  (SNUN) to the Agency at least
  
  Page 23342
  
  90 days prior to beginning those activities. The SNUN provides EPA the opportunity to evaluate the intended use, and, if necessary, prohibit or limit that use before it occurs. Great Lakes Chemical Corporation, the only United States manufacturer of pentaBDE and octaBDE, voluntarily phased out of these commercial products by the end of 2004.
  
  The chemical substances subject to this proposed rule are these commercial products, and other PBDE congeners that comprise these products. This proposed rule would require manufacturers and importers to notify EPA at least 90 days before commencing the manufacture or import of any one or more of these chemicals on or after January 1, 2005, for any use.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  12/06/04
  
  69 FR 70404
  
  Final Action
  
  04/00/06
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: Businesses
  
  Government Levels Affected: Federal, State
  
  Additional Information: SAN No. 4870; EPA publication information: NPRM
  
  - http://www.epa.gov/fedrgstr/EPA-TOX/2004/December/Day-06/t26731.htm;
  
  EPA Docket information: EPA-HQ-OPPT-2004-0085
  
  Agency Contact: Kenneth 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
  
  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-AJ02
208. TESTING AGREEMENT FOR PERFLUOROOCTANOIC ACID (PFOA)
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 15 USC 2603 TSCA 4
  
  CFR Citation: 40 CFR 790 to 799
  
  Legal Deadline: None
  
  Abstract: PFOA is a synthetic (man-made) chemical that does not occur naturally in the environment. EPA identified data gaps regarding the sources and exposure pathways of PFOA and is seeking additional data concerning the potential relationship between fluoropolymer and fluorotelomer based polymer chemicals and PFOA. EPA has invited interested parties to monitor or participate in negotiations for developing several industry sponsored testing programs concerning fluoropolymers and fluorotelomer based polymers which may metabolize or degrade to PFOA. These testing programs would be set in place preferably as publicly negotiated enforceable consent agreements (ECAs) under section 4 of the Toxic Substances Control Act (TSCA) among EPA, industry, and interested parties under section 4 of TSCA, but may also be established as negotiated memoranda of understanding (MOUs) where circumstances preclude moving forward under ECAs. The goal of the PFOA
  
  ECA process is to better understand the sources and exposure pathways leading to the presence of PFOA in humans and the environment.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  Final: ECA and CO for
  
  Fluoropolymer Chemicals
  
  Incineration
  
  07/08/05
  
  70 FR 39630
  
  Final: ECA and CO for
  
  Fluorotelomer- based Polymer
  
  Chemicals Incineration
  
  07/08/05
  
  70 FR 39624
  
  Notice; Measurement of PFOA
  
  Generated from Thermal
  
  Degradation of Fluoropolymer
  
  Chemicals
  
  06/00/06
  
  Stewardship Program
  
  12/00/06
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: Businesses
  
  Government Levels Affected: Federal
  
  Additional Information: SAN No. 3493.1; EPA Docket information: EPA-HQ-
  
  OPPT-2003-0012
  
  URL For More Information: http://www.epa.gov/oppt/pfoa/index.htm
  
  Agency Contact: Greg Schweer, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7405M, Washington, DC 20460
  
  Phone: 202 564-8469
  
  Fax: 202 564-4765
  
  Email: schweer.greg@epa.gov
  
  Dave R. Williams, Environmental Protection Agency, Office of
  
  Prevention, Pesticides and Toxic Substances, 7405M, Washington, DC 20460
  
  Phone: 202 564-8179
  
  Fax: 202 564-4765
  
  Email: williams.daver@epamail.epa.gov
  
  RIN: 2070-AJ06
209. TESTING AGREEMENT FOR DIETHANOLAMINE
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 15 USC 2603 TSCA 4
  
  CFR Citation: 40 CFR 790 to 799
  
  Legal Deadline: None
  
  Abstract: Section 4 of TSCA gives EPA the authority to require chemical manufacturers and processors to test existing chemicals. Under section 4, EPA can by rule require testing after finding that (1) a chemical may present an unreasonable risk of injury to human health or the environment, and/or the chemical is produced in substantial quantities and enters the environment in substantial quantities or there is or may be significant or substantial human exposure to the chemical, (2) the available data to evaluate the chemical are inadequate, and (3) testing is necessary to develop the needed data. The Chemical Testing Program in EPA's Office of Pollution Prevention and Toxics (OPPT) also works with members of the U.S. chemical industry to develop needed data via
  
  TSCA section 4 Enforceable Consent Agreements (ECAs) and Voluntary
  
  Testing Agreements (VTAs). ECAs and VTAs are usually less resource intensive than formal TSCA rulemaking and allow EPA to 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 needed testing. EPA proposed health effects testing under TSCA section 4(a) for a number of hazardous air pollutants (``HAPs''), including diethanolamine (61 FR 33178, June 26, 1996) (FRL-4869-1), as amended by 62 FR 67466, December
  
  Page 23343
  
  24, 1997 (FRL-5742-2). In the proposed HAPs test rule, as amended, EPA invited the submission of proposals for developing needed HAPs data via
  
  ECAs, including developing pharmacokinetics studies that would permit extrapolation from oral data to predict risk from inhalation exposure.
  
  In response to EPA's request for proposals for ECAs, the Alkanolamines
  
  Panel submitted a proposal on November 25, 1996, for alternative testing involving PK studies. ORD/NCEA performed a technical analysis of the proposal in November of 1997. A public meeting was held on
  
  February 24, 1998. The Alkanolamines Panel of ACC has submitted three update letters, one in April 1999, one in May of 2003 and one in
  
  January of 2005. Under this action, EPA will continue negotiations to develop an ECA that will provide health effects testing sufficient to meet the data needs specified in the proposed HAPs section 4 test rule, as amended.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  Final: ECA and Consent Order 12/00/06
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: Businesses
  
  Government Levels Affected: Federal
  
  Additional Information: SAN No. 3493.4;
  
  URL For More Information: www.epa.gov/oppt/chemtest
  
  Agency Contact: Greg Schweer, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7405M, Washington, DC 20460
  
  Phone: 202 564-8469
  
  Fax: 202 564-4765
  
  Email: schweer.greg@epa.gov
  
  Dave R. Williams, Environmental Protection Agency, Office of
  
  Prevention, Pesticides and Toxic Substances, 7405M, Washington, DC 20460
  
  Phone: 202 564-8179
  
  Fax: 202 564-4765
  
  Email: williams.daver@epamail.epa.gov
  
  RIN: 2070-AJ09
210. TESTING AGREEMENT FOR HYDROGEN FLUORIDE
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 15 USC 2603 TSCA 4
  
  CFR Citation: 40 CFR 790 to 799
  
  Legal Deadline: None
  
  Abstract: Section 4 of TSCA gives EPA the authority to require chemical manufacturers and processors to test existing chemicals. Under section 4, EPA can by rule require testing after finding that (1) a chemical may present an unreasonable risk of injury to human health or the environment, and/or the chemical is produced in substantial quantities and enters the environment in substantial quantities or there is or may be significant or substantial human exposure to the chemical, (2) the available data to evaluate the chemical are inadequate, and (3) testing is necessary to develop the needed data. The Chemical Testing Program in EPA's Office of Pollution Prevention and Toxics (OPPT) also works with members of the U.S. chemical industry to develop needed data via
  
  TSCA section 4 Enforceable Consent Agreements (ECAs) and Voluntary
  
  Testing Agreements (VTAs). ECAs and VTAs are usually less resource intensive than formal TSCA rulemaking and allow EPA to 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 needed testing. EPA proposed health effects testing under TSCA section 4(a) for a number of hazardous air pollutants (``HAPs''), including hydrogen fluoride (61 FR 33178, June 26, 1996) (FRL-4869-1), as amended by 62 FR 67466, December 24, 1997
  
  (FRL-5742-2). In the proposed HAPs test rule, as amended, EPA invited the submission of proposals for developing needed HAPs data via ECAs, including developing pharmacokinetics studies that would permit extrapolation from oral data to predict risk from inhalation exposure.
  
  In response to EPA's request for proposals for ECAs, the Hydrogen
  
  Fluoride (HF) Panel submitted a proposal for alternative testing involving PK studies for HF on November 27, 1996. EPA responded to this proposal by letter on June 26, 1997, indicating that this approach could offer sufficient merit to proceed with ECA negotiations. Under this action, EPA will continue negotiations to develop an ECA for health effects testing sufficient to meet the data needs specified in the proposed HAPs section 4 Test Rule, as amended.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  Final: ECA and Consent Order 12/00/06
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: Businesses
  
  Government Levels Affected: Federal
  
  Additional Information: SAN No. 3493.5;
  
  URL For More Information: www.epa.gov/oppt/chemtest
  
  Agency Contact: Greg Schweer, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7405M, Washington, DC 20460
  
  Phone: 202 564-8469
  
  Fax: 202 564-4765
  
  Email: schweer.greg@epa.gov
  
  Dave R. Williams, Environmental Protection Agency, Office of
  
  Prevention, Pesticides and Toxic Substances, 7405M, Washington, DC 20460
  
  Phone: 202 564-8179
  
  Fax: 202 564-4765
  
  Email: williams.daver@epamail.epa.gov
  
  RIN: 2070-AJ10
211. TESTING AGREEMENT FOR PHTHALIC ANHYDRIDE
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 15 USC 2603 TSCA 4
  
  CFR Citation: 40 CFR 790 to 799
  
  Legal Deadline: None
  
  Abstract: Section 4 of TSCA gives EPA the authority to require chemical manufacturers and processors to test existing chemicals. Under section 4, EPA can by rule require testing after finding that (1) a chemical may present an unreasonable risk of injury to human health or the environment, and/or the chemical is produced in substantial quantities and enters the environment in substantial quantities or there is or may be significant or substantial human exposure to the chemical, (2) the available data to evaluate the chemical are inadequate,
  
  Page 23344
  
  and (3) testing is necessary to develop the needed data. The Chemical
  
  Testing Program in EPA's Office of Pollution Prevention and Toxics
  
  (OPPT) also works with members of the U.S. chemical industry to develop needed data via TSCA section 4 Enforceable Consent Agreements (ECAs) and Voluntary Testing Agreements (VTAs). ECAs and VTAs are usually less resource intensive than formal TSCA rulemaking and allow EPA to 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 needed testing. EPA proposed health effects testing under TSCA section 4(a) for a number of hazardous air pollutants (``HAPs''), including phthalic anhydride (61
  
  FR 33178, June 26, 1996) (FRL-4869-1), as amended by 62 FR 67466,
  
  December 24, 1997 (FRL-5742-2). In the proposed HAPs test rule, as amended, EPA invited the submission of proposals for developing needed
  
  HAPs data via ECAs, including developing pharmacokinetics studies that would permit extrapolation from oral data to predict risk from inhalation exposure. In response to EPA's request for proposals for
  
  ECAs, the Phthalic Anydride (PA) Panel submitted a proposal for alternative testing involving PK studies for PA on November 22, 1996.
  
  EPA responded to this proposal by letter on July 10, 1997, indicating that this approach could offer sufficient merit to proceed with ECA negotiations. Under this action, EPA will continue negotiations to develop an ECA for health effects testing sufficient to meet the data needs specified in the proposed HAPs section 4 Test Rule, as amended.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  Final Action - ECA
  
  12/00/06
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: Businesses
  
  Government Levels Affected: Federal
  
  Additional Information: SAN No. 3493.7;
  
  URL For More Information: www.epa.gov/oppt/chemtest
  
  Agency Contact: Greg Schweer, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7405M, Washington, DC 20460
  
  Phone: 202 564-8469
  
  Fax: 202 564-4765
  
  Email: schweer.greg@epa.gov
  
  Dave R. Williams, Environmental Protection Agency, Office of
  
  Prevention, Pesticides and Toxic Substances, 7405M, Washington, DC 20460
  
  Phone: 202 564-8179
  
  Fax: 202 564-4765
  
  Email: williams.daver@epamail.epa.gov
  
  RIN: 2070-AJ11
212. TESTING AGREEMENT FOR MALEIC ANHYDRIDE
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 15 USC 2603 TSCA 4
  
  CFR Citation: 40 CFR 790 to 799
  
  Legal Deadline: None
  
  Abstract: Section 4 of TSCA gives EPA the authority to require chemical manufacturers and processors to test existing chemicals. Under section 4, EPA can by rule require testing after finding that (1) a chemical may present an unreasonable risk of injury to human health or the environment, and/or the chemical is produced in substantial quantities and enters the environment in substantial quantities or there is or may be significant or substantial human exposure to the chemical, (2) the available data to evaluate the chemical are inadequate, and (3) testing is necessary to develop the needed data. The Chemical Testing Program in EPA's Office of Pollution Prevention and Toxics (OPPT) also works with members of the U.S. chemical industry to develop needed data via
  
  TSCA section 4 Enforceable Consent Agreements (ECAs) and Voluntary
  
  Testing Agreements (VTAs). ECAs and VTAs are usually less resource intensive than formal TSCA rulemaking and allow EPA to 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 needed testing. EPA proposed health effects testing under TSCA section 4(a) for a number of hazardous air pollutants (``HAPs''), including maleic anhydride (61 FR 33178, June 26, 1996) (FRL-4869-1), as amended by 62 FR 67466, December 24, 1997
  
  (FRL-5742-2). In the proposed HAPs test rule, as amended, EPA invited the submission of proposals for developing needed HAPs data via ECAs, including developing pharmacokinetics studies that would permit extrapolation from oral data to predict risk from inhalation exposure.
  
  In response to EPA's request for proposals for ECAs, the Maleic
  
  Anhydride (MA) Panel submitted a proposal for alternative testing involving PK studies for MA on November 8, 1996. EPA responded to the
  
  Panel's proposal by letter on July 10, 1997, indicating that this approach could offer sufficient merit to proceed with ECA negotiations.
  
  Under this action, EPA will continue negotiations to develop an ECA for health effects testing sufficient to meet the data needs specified in the proposed HAPs section 4 Test Rule, as amended.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  Final: ECA and Consent Order 12/00/06
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: Businesses
  
  Government Levels Affected: Federal
  
  Additional Information: SAN No. 3493.6;
  
  URL For More Information: www.epa.gov/oppt/chemtest
  
  Agency Contact: Greg Schweer, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7405M, Washington, DC 20460
  
  Phone: 202 564-8469
  
  Fax: 202 564-4765
  
  Email: schweer.greg@epa.gov
  
  Dave R. Williams, Environmental Protection Agency, Office of
  
  Prevention, Pesticides and Toxic Substances, 7405M, Washington, DC 20460
  
  Phone: 202 564-8179
  
  Fax: 202 564-4765
  
  Email: williams.daver@epamail.epa.gov
  
  RIN: 2070-AJ13
213. TSCA INVENTORY UPDATE REPORTING RULE;
  
  ELECTRONIC REPORTING
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 15 USC 2607(a) TSCA 8(a)
  
  Page 23345
  
  CFR Citation: 40 CFR 710
  
  Legal Deadline: None
  
  Abstract: With this action, the EPA will amend the TSCA Inventory
  
  Update Rule (IUR) to allow online electronic submissions though EPA's
  
  Central Data Exchange (CDX) system. Under the IUR, manufacturers and importers of certain chemicals on the TSCA Chemical Substances
  
  Inventory must report data to EPA on the manufacture, import, and use of these chemicals. Information on chemicals from calendar year 2005 must be reported to EPA using Form U during the 2006 submission period.
  
  In 2006, industry will be able to submit the IUR Form U on-line through
  
  EPA's CDX. CDX has become a trusted and time-tested information exchange system used by over 45,000 registered participants. Responding to e-Government initiatives, and to simplify and improve the submission process for industry, EPA is currently developing the capability for
  
  IUR submitters to use EPA's CDX to upload their electronic IUR data securely and efficiently over the Web to EPA for processing. Of course, industry will continue to be able to submit Form U to the Agency either in hard copy or on CD-ROM.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  Direct Final Action; Using CDX 04/00/06
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: Federal
  
  Additional Information: SAN No. 3301.2; Split from RIN 2070-AD63.; EPA
  
  Docket information: OPPT-2004-0106
  
  URL For More Information: www.epa.gov/oppt/iur
  
  Agency Contact: Susan Sharkey, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7406M, Washington, DC 20460
  
  Phone: 202 564-8789
  
  Fax: 202 564-8893
  
  Email: sharkey.susan@epamail.epa.gov
  
  Robert Lee, Environmental Protection Agency, Office of Prevention,
  
  Pesticides and Toxic Substances, 7406M, Washington, DC 20460
  
  Phone: 202 564-8786
  
  Fax: 202 564-8893
  
  Email: lee.robert@epamail.epa.gov
  
  RIN: 2070-AJ25
  
  Environmental Protection Agency (EPA)
  
  Long-Term Actions
  
  Toxic Substances Control Act (TSCA)
214. ASBESTOS MODEL ACCREDITATION PLAN REVISIONS
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 15 USC 2646 TSCA 206
  
  CFR Citation: 40 CFR 763
  
  Legal Deadline: Final, Statutory, November 28, 1992.
  
  Abstract: The Asbestos School Hazard Abatement Reauthorization Act
  
  (ASHARA) amended TSCA to require that EPA revise its asbestos model accreditation plan (MAP) to extend training and accreditation requirements to include persons performing certain asbestos-related work in public or commercial buildings, to increase the minimum number of training hours required for accreditation purposes and to effect other changes necessary to implement the amendments. On February 3, 1994, EPA issued an interim final rule to revise the asbestos MAP to clarify the types of persons who must be accredited to work with asbestos in schools and public or commercial buildings; to increase the minimum number of hours of training for asbestos abatement workers and contractor/supervisors, including additional hours of hands-on health and safety training; and to effect a variety of other necessary changes as mandated by section 15(a)(3) of the ASHARA. This interim final rule satisfied the statutory deadline. EPA will continue to consider finalizing the MAP rule and/ or promulgating regulatory revisions to sunset current EPA MAP accreditations granted to training providers.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  Model Plan
  
  05/13/92
  
  57 FR 20438
  
  Interim Final Action
  
  02/03/94
  
  59 FR 5236
  
  Final Action
  
  05/00/09
  
  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: http://www.epa.gov/asbestos/
  
  Agency Contact: Robert Courtnage, Environmental Protection Agency,
  
  Office of Prevention, Pesticides and Toxic Substances, 7404T,
  
  Washington, DC 20460
  
  Phone: 202 566-1081
  
  Fax: 202 566-0473
  
  Email: courtnage.robert@epamail.epa.gov
  
  Tony Baney, Environmental Protection Agency, Office of Prevention,
  
  Pesticides and Toxic Substances, 7404, Washington, DC 20460
  
  Phone: 202 566-0514
  
  Fax: 202 566-0473
  
  Email: baney.tony@epamail.epa.gov
  
  RIN: 2070-AC51
215. LEAD FISHING SINKERS; RESPONSE TO CITIZENS PETITION AND PROPOSED
  
  BAN
  
  Priority: Other Significant
  
  Legal Authority: 15 USC 2605 TSCA 6
  
  CFR Citation: 40 CFR 745
  
  Legal Deadline: None
  
  Abstract: On October 20, 1992, the Environmental Defense Fund (EDF),
  
  Federation of Fly Fishers, Trumpeter Swan Society, and North American
  
  Loon Fund petitioned EPA under section 21 of the Toxic Substances
  
  Control Act (TSCA), and the Administrative Procedure Act (APA), to initiate rulemaking proceedings under section 6 of TSCA to require that the sale of lead fishing sinkers be accompanied by an appropriate label or notice warning that such products are toxic to wildlife. EPA granted the
  
  Page 23346
  
  petition, however, the Agency believes that a labeling provision would not adequately address the risk of injury to waterfowl and other birds
  
  (waterbirds), from ingestion of lead fishing sinkers. In addition, EPA also believes that zinc fishing sinkers adversely affect waterbirds, and can cause mortality. Therefore, EPA has proposed a rule under section 6(a) of TSCA to prohibit the manufacturing, processing, and distribution in commerce in the United States, of certain smaller size fishing sinkers containing lead and zinc, and mixed with other substances, including those made of brass. EPA intends to publish a notice withdrawing the proposal.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  ANPRM
  
  05/13/91
  
  56 FR 22096
  
  NPRM
  
  03/09/94
  
  59 FR 11122
  
  Notice: Withdrwal of NPRM
  
  10/00/07
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: Businesses
  
  Government Levels Affected: Federal
  
  Additional Information: SAN No. 3252;
  
  URL For More Information: http://www.epa.gov/oppt/lead/
  
  Agency Contact: Doreen Cantor, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7404, Washington, DC 20460
  
  Phone: 202 566-0486
  
  Fax: 202 566-0471
  
  Email: cantor.doreen@epa.gov
  
  Julie Simpson, Environmental Protection Agency, Office of Prevention,
  
  Pesticides and Toxic Substances, 7404T, Washington, DC 20460
  
  Phone: 202 566-1980
  
  Fax: 202 566-0471
  
  Email: simpson.julie@epa.gov
  
  RIN: 2070-AC21
216. LEAD-BASED PAINT ACTIVITIES; BRIDGES AND STRUCTURES; TRAINING,
  
  ACCREDITATION, AND CERTIFICATION RULE AND MODEL STATE PLAN RULE
  
  Priority: Other Significant. Major status under 5 USC 801 is undetermined.
  
  Unfunded Mandates: This action may affect State, local or tribal governments and the private sector.
  
  Legal Authority: 15 USC 2682, 2684; PL 102-550 sec 402; PL 102-550 sec 404
  
  CFR Citation: 40 CFR 745
  
  Legal Deadline: Final, Statutory, April 28, 1994.
  
  Abstract: The Residential Lead-Based Paint Hazard Reduction Act of 1992 mandates EPA promulgate regulations governing lead-based paint (LBP) activities to ensure that individuals engaged in such activities are properly trained, that LBP training programs are accredited, and that contractors engaged in such activities are certified. In addition, EPA must promulgate a Model State program which may be adopted by any State which seeks to administer and enforce a State Program. EPA promulgated regulations for LBP activities in target housing and child occupied facilities as well as training and certification of training programs for LBP activities in 1996 (see 40 CFR 745). Regulations for LBP activities in public and commercial buildings and bridges and other structures are still under development.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  01/00/09
  
  Regulatory Flexibility Analysis Required: Undetermined
  
  Small Entities Affected: Businesses, Governmental Jurisdictions,
  
  Organizations
  
  Government Levels Affected: Federal, Local, State, Tribal
  
  Additional Information: SAN No. 4376;
  
  Sectors Affected: 23411 Highway and Street Construction; 611519 Other
  
  Technical and Trade Schools
  
  URL For More Information: http://www.epa.gov/oppt/lead/
  
  Agency Contact: Cindy Wheeler, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7404T, Washington, DC 20460
  
  Phone: 202 566-0484
  
  Fax: 202 566-0471
  
  Email: wheeler.cindy@epamail.epa.gov
  
  Julie Simpson, Environmental Protection Agency, Office of Prevention,
  
  Pesticides and Toxic Substances, 7404T, Washington, DC 20460
  
  Phone: 202 566-1980
  
  Fax: 202 566-0471
  
  Email: simpson.julie@epa.gov
  
  RIN: 2070-AC64
217. POLYCHLORINATED BIPHENYLS (PCBS); DISPOSAL OF PCBS; IMPLEMENTATION
  
  ISSUES
  
  Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined.
  
  Legal Authority: 15 USC 2605(e) TSCA 6
  
  CFR Citation: 40 CFR 761 (Revision)
  
  Legal Deadline: None
  
  Abstract: This proposed regulation will clarify and expand on implementation issues that have arisen as a result of the publication of the 1998 PCB Disposal Amendments (63 FR 35384). Topics will include but not be limited to, Use Authorizations, Public Participation
  
  Process, Appeals Process, Natural Gas Pipelines, Testing and Analysis,
  
  Manifesting of PCB Waste, Publication Process for Validated Alternate
  
  Decontamination Solvents and PCB Analytical Methods and Storage of
  
  Dedicated PCB Equipment. The action to authorize certain non-liquid PCB applications is also included in this action.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  10/00/08
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: Businesses, Governmental Jurisdictions,
  
  Organizations
  
  Government Levels Affected: Federal, Local, State, Tribal
  
  Federalism: Undetermined
  
  Additional Information: SAN No. 4597;
  
  Sectors Affected: 31-33 Manufacturing; 81 Other Services (except Public
  
  Administration); 54 Professional,
  
  Page 23347
  
  Scientific and Technical Services; 92 Public Administration; 53 Real
  
  Estate and Rental and Leasing; 48-49 Transportation; 22 Utilities; 562
  
  Waste Management and Remediation Services
  
  URL For More Information: www.epa.gov/pcb
  
  Agency Contact: Sara McGurk, Environmental Protection Agency, Office of
  
  Prevention, Pesticides and Toxic Substances, 7404T, Washington, DC 20460
  
  Phone: 202 566-0480
  
  Fax: 202 566-0473
  
  Email: mcgurk.sara@epamail.epa.gov
  
  David Hanneman, Environmental Protection Agency, Office of Prevention,
  
  Pesticides and Toxic Substances, 7404T, Washington, DC 20460
  
  Phone: 202 566-0509
  
  Fax: 202 566-0473
  
  Email: hanneman.dave@epamail.epa.gov
  
  RIN: 2070-AD52
218. SIGNIFICANT NEW USE RULES (SNURS); FOLLOW-UP RULES ON NON-5(E) NEW
  
  CHEMICAL SUBSTANCES
  
  Priority: Routine and Frequent
  
  Legal Authority: 15 USC 2604 TSCA 5
  
  CFR Citation: 40 CFR 721
  
  Legal Deadline: None
  
  Abstract: EPA regulates the commercial development of new chemicals that have completed premanufacture notice (PMN) review. In a PMN review, the Agency assesses whether or not a chemical's manufacture, import, process, distribution, use, or disposal outside the activities described in the PMN may present an unreasonable risk. EPA will issue
  
  Significant New Use Rules (SNURs) requiring 90-day notification to EPA from any manufacturer, importer, or processor who would engage in activities that are designated as significant new uses. Under the
  
  Expedited Follow-up Rule (EFUR) which became effective on October 12, 1989, EPA will identify such new chemicals and publish them in a batch
  
  SNUR 3-4 times per year. Chemicals that were subject to a proposed SNUR before the effective date of the EFUR or do not qualify under the EFUR, may be regulated individually by notice and comment rulemaking and are listed below.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM: 84-1056
  
  06/11/86
  
  51 FR 21199
  
  NPRM: 86-566
  
  12/08/87
  
  52 FR 46496
  
  NPRM: Aluminum Cross-linked
  
  Sodium Carboxy methylcellulose 06/11/93
  
  58 FR 32628
  
  Final: 84-1056
  
  12/00/07
  
  Final: 86-566
  
  12/00/07
  
  Final: Aluminum Cross-linked
  
  Sodium Carboxy methylcellulose 12/00/07
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: None
  
  Additional Information: SAN No. 1976;
  
  Sectors Affected: 325 Chemical Manufacturing; 324 Petroleum and Coal
  
  Products Manufacturing
  
  URL For More Information: http://www.epa.gov/opptintr/newchems/cnosnurs.htm
  
  Agency Contact: Jim Alwood, Environmental Protection Agency, Office of
  
  Prevention, Pesticides and Toxic Substances, 7405M, Washington, DC 20460
  
  Phone: 202 564-8974
  
  Fax: 202 564-4775
  
  Email: alwood.jim@epa.gov
  
  Rebecca Cool, Environmental Protection Agency, Office of Prevention,
  
  Pesticides and Toxic Substances, 1200 Pennsylvania Avenue NW,
  
  Washington, DC 20460
  
  Phone: 202 564-9138
  
  Email: cool.rebecca@epa.gov
  
  RIN: 2070-AA59
219. VOLUNTARY CHILDREN'S CHEMICAL EVALUATION PROGRAM (VCCEP)
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 15 USC 2601 et seq (TSCA)
  
  CFR Citation: None
  
  Legal Deadline: None
  
  Abstract: This is a voluntary program to evaluate commercial chemicals to which children may have a high likelihood of exposure. Designed with extensive stakeholder participation, the purpose of this voluntary program is to obtain toxicity and exposure data needed to assess the risk of childhood exposure to commercial chemicals. EPA launched a pilot of this program on December 26, 2000. Manufacturers of 20 of the 23 pilot chemicals have volunteered to sponsor their chemicals in tier 1 in the pilot. A workshop was held in December 2001 to provide sponsors with additional guidance on the scope and content of the exposure assessments they will prepare. A peer consultation process is being used to evaluate the scientific merits of the hazard, exposure, and risk assessments submitted by sponsors. Assessments for nine chemicals have been evaluated in the peer consultation process.
  
  Information on VCCEP and the chemical assessments submitted to date are available to the public at www.epa.gov/chemrtk/vccep1. Although not currently involving a rulemaking, EPA has included this pilot program in the Regulatory Agenda to inform the public about activities like this related to its chemical testing program.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  Notice: Initiation of
  
  Stakeholder Process & Public
  
  Meeting
  
  08/26/99
  
  64 FR 46673
  
  Notice: Stakeholder Involvement
  
  Process & Public Meeting
  
  03/29/00
  
  65 FR 16590
  
  Notice Announcing VCCEP & Pilot 12/26/00
  
  65 FR 81700
  
  Notice: Pilot Status
  
  To Be
  
  Determined
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: Federal
  
  Additional Information: SAN No. 4876;
  
  Sectors Affected: 325 Chemical Manufacturing; 32411 Petroleum
  
  Refineries
  
  URL For More Information: www.epa.gov/chemrtk/vccep
  
  Agency Contact: Ward Penberthy, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7405M, Washington, DC 20460
  
  Phone: 202 564-3452
  
  Fax: 202 564-4765
  
  Email: penberthy.ward@.epa.gov
  
  Page 23348
  
  Catherine Roman, Environmental Protection Agency, Office of Prevention,
  
  Pesticides and Toxic Substances, 7405M, Washington, DC 20460
  
  Phone: 202 564-8172
  
  Fax: 202 564-4765
  
  Email: roman.catherine@epamail.epa.gov
  
  RIN: 2070-AC27
220. TEST RULE; HAZARDOUS AIR POLLUTANTS (HAPS)
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 15 USC 2603 TSCA 4
  
  CFR Citation: 40 CFR 790 to 799
  
  Legal Deadline: None
  
  Abstract: EPA is proposing health effects testing under TSCA section 4 in support of programs and activities required under section 112 of the
  
  Clean Air Act (CAA), governing Hazardous Air Pollutants (HAPs). Section 112 of the CAA directs EPA to determine the risk to health and the environment remaining after application of technology-based emissions standards to major and area sources. Section 112 also sets forth a mechanism for revising and modifying the statutory list of 189 HAPs under section 112(b), and requirements for an accidental release control program. These data will also be important for the right-to- know program given the large release of these chemicals to the atmosphere. In order to implement these and other programs and requirements under section 112, EPA must identify the health and environment effects of potential concern from exposure to HAPs, ascertain the minimum data needed to adequately characterize those health and environmental effects, and assess the risks posed by HAPs.
  
  In addition, under section 103(d), EPA is required to conduct a research program on the short- and long-term effects of air pollutants on human health, ascertain the minimum data needed to adequately characterize those health and environmental effects, and assess the risks posed by HAPs.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  06/26/96
  
  61 FR 33178
  
  Supplemental NPRM
  
  12/24/97
  
  62 FR 67466
  
  Supplemental NPRM 2
  
  04/21/98
  
  63 FR 19694
  
  NPRM - Reproposal
  
  10/00/07
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: Businesses
  
  Government Levels Affected: Federal
  
  Additional Information: SAN No. 3487;
  
  Sectors Affected: 325 Chemical Manufacturing; 32411 Petroleum
  
  Refineries
  
  URL For More Information: www.epa.gov/oppt/chemtest
  
  Agency Contact: Rich Leukroth, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7405M, Washington, DC 20460
  
  Phone: 202 564-8167
  
  Fax: 202 564-4765
  
  Email: leukroth.rich@epamail.epa.gov
  
  Dave R. Williams, Environmental Protection Agency, Office of
  
  Prevention, Pesticides and Toxic Substances, 7405M, Washington, DC 20460
  
  Phone: 202 564-8179
  
  Fax: 202 564-4765
  
  Email: williams.daver@epamail.epa.gov
  
  RIN: 2070-AC76
221. TEST RULE; CERTAIN METALS
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 15 USC 2603 TSCA 4; 15 USC 2625 TSCA 26
  
  CFR Citation: 40 CFR 790-799
  
  Legal Deadline: None
  
  Abstract: EPA is coordinating an evaluation of the data needs for assessing potential adverse affects that exposures to metals pose for health and the environment with the Agency's efforts to develop a framework for assessing potential risks from exposures to metals. This activity is intended to lead to EPA proposing a test rule under section 4(a) of the Toxic Substances Control Act (TSCA). A test rule would require manufacturers and processors of certain metals (beryllium, chromium, manganese, mercury, nickel, and selenium) to fulfill data needs identified by the Agency for Toxic Substances and Disease
  
  Registry (ATSDR) and EPA pursuant to the Comprehensive Environmental
  
  Response, Compensation and Liability Act (CERCLA) section 104(I) and the Clean Air Act (CAA) section 112. Under CERCLA, ATSDR is to establish a list of priority hazardous substances found at superfund sites, develop toxicological profiles for the hazardous substances, identify priority data needs, and establish a research program obtaining the necessary data. This action is a component of ATSDR's research program. Data from this action would provide specific information about the substances for the public and scientific communities. Data from this action would also be used to implement several provisions of section 112 of the CAA, including determining risks remaining after the application of technology based on standards under section 112(d) of the CAA, estimating the risks associated with accidental releases, and determining whether or not substances should be removed from the CAA section (b)(1) list of HAPs (delisting).
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  To Be
  
  Determined
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: Businesses
  
  Government Levels Affected: Federal
  
  Additional Information: SAN No. 3882;
  
  Sectors Affected: 325 Chemical Manufacturing; 32411 Petroleum
  
  Refineries
  
  URL For More Information: www.epa.gov/oppt/chemtest
  
  Agency Contact: Robert Jones, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7405M, Washington, DC 20460
  
  Phone: 202 564-8161
  
  Fax: 202 564-4765
  
  Email: jones.robert@epamail.epa.gov
  
  Greg Schweer, Environmental Protection Agency, Office of Prevention,
  
  Pesticides and Toxic Substances, 7405M, Washington, DC 20460
  
  Phone: 202 564-8469
  
  Fax: 202 564-4765
  
  Email: schweer.greg@epa.gov
  
  RIN: 2070-AD10
222. TESTING AGREEMENT FOR CERTAIN OXYGENATED FUEL ADDITIVES
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 15 USC 2603 TSCA 4; 15 USC 2625 TSCA 26
  
  Page 23349
  
  CFR Citation: 40 CFR 790 to 799
  
  Legal Deadline: None
  
  Abstract: EPA's Office of Air and Radiation (OAR), in the administration of section 211 of the Clean Air Act (CAA), has requested that OPPT use its TSCA section 4 testing authority to obtain health effects data on a number of Oxygenated Fuel Additives (OFAs). These data are needed by EPA and others to increase understanding of the toxicity of these substances individually and in comparison to each other as well as to other OFAs such as methyl t-butyl ether (MTBE). EPA will be soliciting interested parties to work on an Enforceable Consent
  
  Agreement (ECA) under TSCA section 4, through which responsible parties can agree to provide data to EPA. Although not currently a rulemaking,
  
  EPA is including this in the Regulatory Agenda to inform the public of this activity which will have a regulatory impact once an ECA or other testing action is proposed.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  Final: ECA and Consent Order
  
  To Be
  
  Determined
  
  Notice Soliciting Participation To Be
  
  Determined
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: Businesses
  
  Government Levels Affected: None
  
  Additional Information: SAN No. 4174;
  
  Sectors Affected: 325 Chemical Manufacturing; 32411 Petroleum
  
  Refineries
  
  URL For More Information: www.epa.gov/oppt/chemtest
  
  Agency Contact: Greg Schweer, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7405M, Washington, DC 20460
  
  Phone: 202 564-8469
  
  Fax: 202 564-4765
  
  Email: schweer.greg@epa.gov
  
  George Semeniuk, Environmental Protection Agency, Office of Prevention,
  
  Pesticides and Toxic Substances, 7405, Washington, DC 20460
  
  Phone: 202 564-8174
  
  Fax: 202 564-4765
  
  Email: semeniuk.george@epamail.epa.gov
  
  RIN: 2070-AD28
223. TEST RULE; MULTIPLE SUBSTANCE RULE FOR THE TESTING OF
  
  DEVELOPMENTAL AND REPRODUCTIVE TOXICITY
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 15 USC 2603 TSCA 4; 15 USC 2625 TSCA 26
  
  CFR Citation: 40 CFR 790 to 799; 40 CFR 704
  
  Legal Deadline: None
  
  Abstract: On March 4, 1991, EPA issued a proposed TSCA section 4 Test
  
  Rule to require testing of 12 chemicals for developmental and/or reproductive effects. Since issuing that proposed rule, 11 of the subject chemical substances have been sponsored under the international
  
  OECD HPV Screening Information Data Set (SIDS) Program, EPA's voluntary
  
  HPV Chemical Challenge Program, and/or the International Council of
  
  Chemical Associations (ICCA). Information obtained under these various data collection/development programs will be used to inform EPA's decision regarding the need to re-propose and ultimately finalize this
  
  TSCA section 4 Test Rule for some or all of the subject chemicals and for which endpoints they should be tested.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM original
  
  03/04/91
  
  56 FR 9092
  
  NPRM - Reproposal
  
  To Be
  
  Determined
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: Businesses
  
  Government Levels Affected: Federal
  
  Additional Information: SAN No. 4395;
  
  Sectors Affected: 325 Chemical Manufacturing; 32411 Petroleum
  
  Refineries
  
  URL For More Information: www.epa.gov/oppt/chemtest
  
  Agency Contact: Catherine Roman, Environmental Protection Agency,
  
  Office of Prevention, Pesticides and Toxic Substances, 7405M,
  
  Washington, DC 20460
  
  Phone: 202 564-8172
  
  Fax: 202 564-4765
  
  Email: roman.catherine@epamail.epa.gov
  
  Greg Schweer, Environmental Protection Agency, Office of Prevention,
  
  Pesticides and Toxic Substances, 7405M, Washington, DC 20460
  
  Phone: 202 564-8469
  
  Fax: 202 564-4765
  
  Email: schweer.greg@epa.gov
  
  RIN: 2070-AD44
224. 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 on at least the chemicals listed below.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM: 2,4-Pentanedione
  
  09/27/89
  
  54 FR 39548
  
  NPRM: Chloranil
  
  05/12/93
  
  58 FR 27980
  
  NPRM: Heavy Metals
  
  01/15/02
  
  67 FR 1937
  
  Final: Chloranil
  
  12/00/06
  
  Final: Heavy Metals
  
  06/00/07
  
  NPRM: Benzidine Congener Dyes 06/00/07
  
  Supp. NPRM: 2,4-Pentanedione 06/00/07
  
  Supp. NPRM: Benzidine Congener
  
  Dyes
  
  06/00/07
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: Businesses, Governmental Jurisdictions
  
  Government Levels Affected: Federal
  
  Additional Information: SAN No. 1923;
  
  Sectors Affected: 325 Chemical Manufacturing; 32411 Petroleum
  
  Refineries
  
  Agency Contact: Diane Sheridan, Environmental Protection Agency,
  
  Page 23350
  
  Office of Prevention, Pesticides and Toxic Substances, 7405M,
  
  Washington, DC 20460
  
  Phone: 202 564-8176
  
  Fax: 202 564-4775
  
  Email: sheridan.diane@epamail.epa.gov
  
  Jim Alwood, Environmental Protection Agency, Office of Prevention,
  
  Pesticides and Toxic Substances, 7405M, Washington, DC 20460
  
  Phone: 202 564-8974
  
  Fax: 202 564-4775
  
  Email: alwood.jim@epa.gov
  
  RIN: 2070-AA58
225. SIGNIFICANT NEW USE RULE (SNUR); 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. As these chemicals are identified, EPA will initiate rulemakings under the Toxic
  
  Substances Control Act (TSCA) sections 5 and/or 6 to require reporting by the manufacturers, importers and/or processors of these chemicals.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  03/21/94
  
  59 FR 13294
  
  Final Action
  
  09/00/08
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: Businesses
  
  Government Levels Affected: None
  
  Additional Information: SAN No. 3528;
  
  Sectors Affected: 327999 All Other Miscellaneous Nonmetallic Mineral
  
  Product Manufacturing
  
  Agency Contact: Robert Courtnage, Environmental Protection Agency,
  
  Office of Prevention, Pesticides and Toxic Substances, 7404T,
  
  Washington, DC 20460
  
  Phone: 202 566-1081
  
  Fax: 202 566-0473
  
  Email: courtnage.robert@epamail.epa.gov
  
  Peter Gimlin, Environmental Protection Agency, Office of Prevention,
  
  Pesticides and Toxic Substances, 7404T, Washington, DC 20460
  
  Phone: 202 566-0515
  
  Fax: 202 566-0473
  
  Email: gimlin.peter@epamail.epa.gov
  
  RIN: 2070-AC37
226. TSCA POLICY STATEMENT ON OVERSIGHT OF TRANSGENIC ORGANISMS
  
  (INCLUDING PLANTS)
  
  Priority: Other Significant
  
  Legal Authority: 15 USC 2604
  
  CFR Citation: 40 CFR 720
  
  Legal Deadline: None
  
  Abstract: As a follow-up to the final Biotechnology Rule under the
  
  Toxic Substances Control Act (TSCA) EPA intends to address TSCA oversight of transgenic plants and other organisms. Recent information indicates that transgenic plants and other organisms are being developed for uses which appear to be subject to TSCA jurisdiction. For example, plants are being genetically modified to produce industrial grade, rather than food grade, oils. Many of these plants are subject to oversight by the Animal and Plant Health Inspection Service (APHIS) of the U.S. Department of Agriculture while being tested in the environment. Following APHIS approval of a petition for non-regulated status filed pursuant to APHIS' regulations implementing the Federal
  
  Plant Pest Act at 7 CFR part 340; however, these plants cease to be subject to regulation by USDA. Additionally, transgenic animals that are not under the jurisdiction of FDA appear to be subject to TSCA.
  
  Such animals may be genetically improved livestock for commercial purposes. The policy statement would address whether EPA should exercise jurisdiction under TSCA over such transgenic organisms prior to their commercial use.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  To Be
  
  Determined
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: Businesses, Organizations
  
  Government Levels Affected: Federal
  
  Additional Information: SAN No. 4598;
  
  Agency Contact: Flora Chow, Environmental Protection Agency, Office of
  
  Prevention, Pesticides and Toxic Substances, 7405M, Washington, DC 20460
  
  Phone: 202 564-8983
  
  Fax: 202 564-9062
  
  Email: chow.flora@epamail.epa.gov
  
  Rebecca Cool, Environmental Protection Agency, Office of Prevention,
  
  Pesticides and Toxic Substances, 1200 Pennsylvania Avenue NW,
  
  Washington, DC 20460
  
  Phone: 202 564-9138
  
  Email: cool.rebecca@epa.gov
  
  RIN: 2070-AD53
227. LEAD-BASED PAINT; AMENDMENTS TO THE REQUIREMENTS FOR DISCLOSURE OF
  
  KNOWN LEAD-BASED PAINT OR LEAD-BASED PAINT HAZARDS IN TARGET HOUSING
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 42 USC 4852d
  
  CFR Citation: 40 CFR 745.100; 40 CFR 745.101; 40 CFR 745.102; 40 CFR 745.103; 40 CFR 745.107; 40 CFR 745.110; 40 CFR 745.113; 40 CFR 745.115; 40 CFR 745.118; 40 CFR 745.119
  
  Legal Deadline: None
  
  Abstract: Amendments will clarify to which target housing transactions the rule applies; add or clarify definitions of important terms; clarify the disclosure responsibilities of agents; clarify what information must be disclosed; clarify recordkeeping requirements to support enforcement; and amend existing regulatory text to resolve some inconsistent interpretations and to incorporate interpretations that have been issued through guidance. Small businesses and State/local/ tribal governments that sell or lease target housing will be affected in that they will need to become familiar with new/revised requirements that apply to these transactions. Overall burden is not expected to increase significantly.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  08/00/07
  
  Regulatory Flexibility Analysis Required: Undetermined
  
  Small Entities Affected: Businesses, Organizations
  
  Page 23351
  
  Government Levels Affected: Federal, Local, State, Tribal
  
  Additional Information: SAN No. 4777;
  
  Sectors Affected: 92511 Administration of Housing Programs; 53111
  
  Lessors of Residential Buildings and Dwellings; 53121 Offices of Real
  
  Estate Agents and Brokers; 522292 Real Estate Credit; 531311
  
  Residential Property Managers
  
  URL For More Information: http://www.epa.gov/oppt/lead/
  
  Agency Contact: John Wilkins, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7404T, Washington, DC 20460
  
  Phone: 202 566-0477
  
  Fax: 202 566-0471
  
  Email: wilkins.john@epa.gov
  
  Cindy Wheeler, Environmental Protection Agency, Office of Prevention,
  
  Pesticides and Toxic Substances, 7404T, Washington, DC 20460
  
  Phone: 202 566-0484
  
  Fax: 202 566-0471
  
  Email: wheeler.cindy@epamail.epa.gov
  
  RIN: 2070-AD64
228. NOTIFICATION OF CHEMICAL EXPORTS UNDER TSCA SECTION 12(B)
  
  Priority: Other Significant
  
  Legal Authority: 15 USC 2611
  
  CFR Citation: 40 CFR 707
  
  Legal Deadline: None
  
  Abstract: Section 12(b)of the Toxic Substances Control Act (TSCA) states, in part, that any person who exports or intends to export to a foreign country a chemical substance or mixture for which submission of data is required under section 4 or 5(b), or for which a rule, action or order has been proposed or promulgated under section 5, 6, or 7, shall notify the EPA Administrator of such export or intent to export.
  
  The Administrator in turn will notify the Government of the importing country of EPA's regulatory action with respect to the substance. As part of OMB's Regulatory Reform of the U.S. Manufacturing Sector Report
  
  (2005), commenters expressed concern that the existing TSCA section 12(b) regulations do not provide a low-level cut-off for the export notification requirements. To address that concern, EPA committed to
  
  OMB that it would consider potential changes to the TSCA section 12(b) regulation within the scope of existing statutory authority and issue a proposed amendment to address the concern expressed by January 2006.
  
  Legislation is currently pending to address the implementation in the
  
  US of the Rotterdam Convention on Prior Informed Consent (PIC), which itself includes export notification requirements. After the comment period closes, EPA will determine next steps.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  02/09/06
  
  71 FR 6733
  
  Final Action
  
  To Be
  
  Determined
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: None
  
  Additional Information: SAN No. 4858; EPA publication information: NPRM
  
  - http://www.epa.gov/fedrgstr/EPA-TOX/2006/February/Day-09/t1797.htm;
  
  EPA Docket information: EPA-HQ-OPPT-2005-0058
  
  URL For More Information: www.epa.gov/opptintr/chemtest/12b.htm
  
  Agency Contact: Greg Schweer, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7405M, Washington, DC 20460
  
  Phone: 202 564-8469
  
  Fax: 202 564-4765
  
  Email: schweer.greg@epa.gov
  
  Dave Williams, Environmental Protection Agency, Office of Prevention,
  
  Pesticides and Toxic Substances, 7405M, Washington, DC 20460
  
  Phone: 202 564-8179
  
  Fax: 202 564-4765
  
  Email: williams.daver@epa.gov
  
  RIN: 2070-AJ01
229. TESTING AGREEMENT FOR ARYL PHOSPHATES (ITC LIST 2)
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 15 USC 2603 TSCA 4
  
  CFR Citation: 40 CFR 790 to 799
  
  Legal Deadline: None
  
  Abstract: On January, 17, 1972 (57 FR 2138), EPA published a proposed
  
  TSCA Section 4 test rule covering a number of aryl phosphate base stocks. On March 30, 1993, EPA announced initiation of negotiations with the Aryl Phosphates Panel of the Chemical Manufacturers
  
  Association (now the American Chemistry Council or ACC) to develop a
  
  TSCA Section 4 Enforceable Consent Agreement (ECA) 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 ECA, to announce EPA's High Production
  
  Volume (HPV) Chemical Challenge Program. Consistent with the international OECD Screening Information Data Set (SIDS) Program, EPA's
  
  HPV Challenge Program encourages US chemical producers and importers to voluntarily provide existing screening level data, or, if none exist, to develop such data on US HPV chemicals. Because some overlap of testing requirements in the HPV Challenge and this ECA initiative were identified, the industry committed to develop the screening level data for the HPV Challenge Program before continuing with further development of the ECA. In this way, results from the HPV Challenge program would feed back into consideration of needs for the ECA testing and, where possible, could avert some or all of the overlap testing requirements. After completion of the industry's commitments under the
  
  HPV Challenge Program, EPA will evaluate the need for any additional testing of the subject AP base stocks under an ECA.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  ANPRM
  
  12/29/83
  
  48 FR 57452
  
  NPRM
  
  01/17/92
  
  57 FR 2138
  
  Final: ECA and Consent Order
  
  To Be
  
  Determined
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: Businesses
  
  Government Levels Affected: Federal
  
  Additional Information: SAN No. 3493.2;
  
  URL For More Information: www.epa.gov/oppt/chemtest
  
  Agency Contact: Greg Schweer, Environmental Protection Agency, Office of Prevention, Pesticides and
  
  Page 23352
  
  Toxic Substances, 7405M, Washington, DC 20460
  
  Phone: 202 564-8469
  
  Fax: 202 564-4765
  
  Email: schweer.greg@epa.gov
  
  Dave R. Williams, Environmental Protection Agency, Office of
  
  Prevention, Pesticides and Toxic Substances, 7405M, Washington, DC 20460
  
  Phone: 202 564-8179
  
  Fax: 202 564-4765
  
  Email: williams.daver@epamail.epa.gov
  
  RIN: 2070-AJ07
230. TEST RULE; BROMINATED FLAME RETARDANTS (BFRS)
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 15 USC 2603 ``TSCA 4''
  
  CFR Citation: 40 CFR 790 to 799
  
  Legal Deadline: None
  
  Abstract: On June 25, 1991 (56 FR 29140), EPA issued a proposed TSCA section 4 Test Rule for health and environmental effects and chemical fate testing of five brominated flame retardants. Since issuing that proposed rule, all of the subject chemical substances have been sponsored under the international OECD HPV Screening Information Data
  
  Set (SIDS) Program, EPA's voluntary US HPV Chemical Challenge Program, and/or EPA's Voluntary Children's Chemical Evaluation Program (VCCEP).
  
  Information obtained under these various data collection/development programs will be used to inform EPA's decision regarding the need to re-propose and ultimately finalize this TSCA section 4 Test Rule for some or all of the subject chemicals and for which endpoints they should be tested.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  06/25/91
  
  56 FR 29140
  
  Final Action
  
  To Be
  
  Determined
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: Businesses
  
  Government Levels Affected: Federal
  
  Additional Information: SAN No. 3493.3;
  
  URL For More Information: www.epa.gov/oppt/chemtest
  
  Agency Contact: Greg Schweer, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7405M, Washington, DC 20460
  
  Phone: 202 564-8469
  
  Fax: 202 564-4765
  
  Email: schweer.greg@epa.gov
  
  Dave R. Williams, Environmental Protection Agency, Office of
  
  Prevention, Pesticides and Toxic Substances, 7405M, Washington, DC 20460
  
  Phone: 202 564-8179
  
  Fax: 202 564-4765
  
  Email: williams.daver@epamail.epa.gov
  
  RIN: 2070-AJ08
231. SIGNIFICANT NEW USE RULE, PERFLUOROALKYL SULFONATES (PFAS)
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 15 USC 2604; 15 USC 2607; 15 USC 2625
  
  CFR Citation: 40 CFR 721.9582 (Amended)
  
  Legal Deadline: None
  
  Abstract: EPA is proposing to amend a significant new use rule (SNUR) under section 5(a)(2) of the Toxic Substances Control Act (TSCA) for certain perfluoroalkyl sulfonates (PFAS) substances that were not addressed by the previous PFAS SNURs (67 FR 11008, March 11, 2002; 67
  
  FR 72854, December 9, 2002), codified at 40 CFR 721.9582. EPA is proposing to amend the PFAS SNUR at 40 CFR 721.9582 by adding a new table 3 containing all PFAS chemicals currently on the TSCA Inventory but not already subject to the FAS SNUR. This proposed rule would require manufacturers, including importers, to notify EPA at least 90 days before commencing the manufacture or import of these chemical substances for the significant new uses described in this document after January 1, 2007. EPA believes that this action is necessary because the PFAS component of these chemical substances may be hazardous to human health and the environment. The required notice will provide EPA the opportunity to evaluate intended significant new uses and associated activities before they occur and, if necessary, to prohibit or limit those activities.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  03/10/06
  
  71 FR 12311
  
  Final Action
  
  05/00/07
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: None
  
  Additional Information: SAN No. 4974; EPA Docket information: EPA-HQ-
  
  OPPT-2005-0015
  
  URL For More Information: http://www.epa.gov/opptintr/newchems/cnosnurs.htm
  
  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
  
  Jim Alwood, Environmental Protection Agency, Office of Prevention,
  
  Pesticides and Toxic Substances, 7405M, Washington, DC 20460
  
  Phone: 202 564-8974
  
  Fax: 202 564-4775
  
  Email: alwood.jim@epa.gov
  
  RIN: 2070-AJ18
  
  Page 23353
  
  Environmental Protection Agency (EPA)
  
  Completed Actions
  
  Toxic Substances Control Act (TSCA)
232. TSCA INVENTORY UPDATE RULE REVISIONS
  
  Priority: Substantive, Nonsignificant
  
  CFR Citation: 40 CFR 710
  
  Completed:
  
  Reason
  
  Date
  
  FR Cite
  
  NPRM
  
  01/26/05
  
  70 FR 3658
  
  Final Action
  
  12/19/05
  
  70 FR 75059
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: Federal
  
  Agency Contact: Susan Sharkey
  
  Phone: 202 564-8789
  
  Fax: 202 564-8893
  
  Email: sharkey.susan@epamail.epa.gov
  
  Robert Lee
  
  Phone: 202 564-8786
  
  Fax: 202 564-8893
  
  Email: lee.robert@epamail.epa.gov
  
  RIN: 2070-AD63
233. SIGNIFICANT NEW USE RULE FOR GLYCOL ETHERS
  
  Priority: Substantive, Nonsignificant
  
  CFR Citation: 40 CFR 721 (amended)
  
  Completed:
  
  Reason
  
  Date
  
  FR Cite
  
  NPRM
  
  03/01/05
  
  70 FR 9902
  
  Final Action
  
  11/29/05
  
  70 FR 71401
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: None
  
  Agency Contact: Amy Breedlove
  
  Phone: 202 564-9823
  
  Fax: 202 564-4775
  
  Email: breedlove.amy@epa.gov
  
  Jim Alwood
  
  Phone: 202 564-8974
  
  Fax: 202 564-4775
  
  Email: alwood.jim@epa.gov
  
  RIN: 2070-AJ12
234. LEAD-BASED PAINT; PRE-RENOVATION LEAD EDUCATION RULE; AMENDED
  
  PAMPHLET
  
  Priority: Info./Admin./Other
  
  CFR Citation: 40 CFR 745.83 (Revision); 40 CFR 745.8
  
  Completed:
  
  Reason
  
  Date
  
  FR Cite
  
  Withdrawn
  
  01/10/06
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: None
  
  Agency Contact: Joshua Novikoff
  
  Phone: 202 566-0502
  
  Fax: 202 566-0471
  
  Email: novikoff.joshua@epamail.epa.gov
  
  Julie Simpson
  
  Phone: 202 566-1980
  
  Fax: 202 566-0471
  
  Email: simpson.julie@epa.gov
  
  RIN: 2070-AJ14
  
  Environmental Protection Agency (EPA)
  
  Proposed Rule Stage
  
  Emergency Planning and Community Right--to--Know Act (EPCRA)
235. TRI; RESPONSE TO PETITION TO DELETE CHROMIUM, ANTIMONY, AND
  
  TITANATE FROM THE METAL COMPOUND CATEGORIES LISTED ON THE TOXICS RELEASE
  
  INVENTORY
  
  Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined.
  
  Legal Authority: 42 USC 11013 EPCRA 313
  
  CFR Citation: 40 CFR 372
  
  Legal Deadline: None
  
  Abstract: This action will respond to a petition received by EPA to delete chromium, antimony, titanate from the list of toxic chemicals reportable under section 313 of the Emergency Planning and Community
  
  Right to Know Act (EPCRA). EPA will respond to the petition by either granting or denying the petition. If EPA grants the petition, a notice of, proposed rulemaking will be published in the Federal Register; if
  
  EPA denies the petition a notice of petition denial will be published.
  
  Chromium, antimony, titanate is reportable under the chromium and antimony compound categories, the deletion of this chemical would eliminate all the reporting requirements under the Toxic Chemical
  
  Release Reporting Rule.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  Response
  
  10/00/06
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: Businesses
  
  Government Levels Affected: Federal, State
  
  Additional Information: SAN No. 2425.4; Split from RIN 2025-AA00.
  
  Formerly listed as RIN 2070-AC00. Statutory deadline: Within 180 days of receipt the Agency must either initiate rulemaking or explain why not in the Federal Register. Manufacturing industries in SIC codes 20- 39 plus the following industries and SIC codes: Metal Mining (SIC code 10 except SIC codes 1011, 1081, and 1094); Coal Mining (SIC code 12 except SIC code 1241); Electric Utilities (SIC codes 4911, 4931, 4939);
  
  Commercial Hazardous Waste Treatment (SIC code 4953); Chemicals and
  
  Allied Products-Wholesale (SIC code 5169); Petroleum Bulk Terminals and
  
  Plants (SIC code 5171); and, Solvent Recovery Services (SIC code 7389).
  
  URL For More Information: www.epa.gov/tri
  
  Agency Contact: Daniel Bushman, Environmental Protection Agency, Office of Environmental Information, 2844T, Washington, DC 20460
  
  Phone: 202 566-0743
  
  Fax: 202 566-0741
  
  Email: bushman.daniel@epamail.epa.gov
  
  Ben Smith, Environmental Protection Agency, Office of Environmental
  
  Information, 2844T, Washington, DC 20460
  
  Phone: 202 566-0816
  
  Fax: 202 566-0741
  
  Email: smith.ben@epamail.epa.gov
  
  RIN: 2025-AA16
236. REPORTABLE QUANTITY ADJUSTMENT FOR ISOPHORONE
  
  DIISOCYANATE
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 42 USC 11002; 42 USC 11004; 42 USC 11048
  
  CFR Citation: 40 CFR 355
  
  Page 23354
  
  Legal Deadline: None
  
  Abstract: EPA is considering adjusting the reportable quantity (RQ) for
  
  Isophorone Diisocyanate (IPDI) under 40 CFR part 355. Reportable quantities for many of the Extremely Hazardous Substances were adjusted to their threshold planning quantities in a final rule on May 7, 1996
  
  (61 FR 20473). On September 8, 2003 (68 FR 52978), EPA modified the threshold planning quantity (TPQ) for IPDI (CAS No. 4098-71-9) to 500 pounds. At that time, EPA inadvertently omitted to adjust the RQ for this substance. Therefore, EPA is now considering adjusting the RQ for
  
  IPDI to be 500 pounds. EPA is planning to publish a direct final rule concurrently with a proposed rule to the same effect. If the Agency receives any adverse comments on the direct final rule, it will publish a timely withdrawal in the Federal Register for the direct final rule and proceed with the rulemaking process on the basis of the concurrent proposed rule.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  09/00/06
  
  Direct Final Action
  
  09/00/06
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: Undetermined
  
  Additional Information: SAN No. 5054; EPA Docket information: EPA-HQ-
  
  SFUND-2005-0522
  
  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-AG32
  
  Environmental Protection Agency (EPA)
  
  Final Rule Stage
  
  Emergency Planning and Community Right--to--Know Act (EPCRA)
237. RULEMAKING TO CHANGE TOXIC RELEASE INVENTORY (TRI) REPORTING
  
  REQUIREMENTS FROM STANDARD INDUSTRIAL CLASSIFICATION (SIC) CODES TO
  
  NORTH AMERICAN INDUSTRIAL CLASSIFICATION SYSTEM (NAICS) CODES
  
  Priority: Info./Admin./Other
  
  Legal Authority: Not Yet Determined
  
  CFR Citation: 40 CFR 372
  
  Legal Deadline: None
  
  Abstract: The Office of Management and Budget (OMB) published a Federal
  
  Register Notice of final decision (62 FR 68) to adopt the North
  
  American Industry Classification System (NAICS) for the United States.
  
  This rulemaking initiates the conversion from TRI Reporting using
  
  Standard Industrial Classification (SIC) codes to TRI Reporting using
  
  NAICS codes. The TRI Program will convert to NAICS without producing any changes in the facilities that are now subject to TRI reporting.
  
  Therefore, there should be no increased burden resulting from this action.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  03/21/03
  
  68 FR 13872
  
  Final Action
  
  04/00/06
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: Federal, State
  
  Additional Information: SAN No. 4595;
  
  Sectors Affected: 212 Mining (except Oil and Gas); 221 Utilities; 562
  
  Waste Management and Remediation Services; 422 Wholesale Trade,
  
  Nondurable Goods
  
  URL For More Information: www.epa.gov/tri
  
  Agency Contact: Judith Kendall, Environmental Protection Agency, Office of Environmental Information, 2844T, Washington, DC 20460
  
  Phone: 202 566-0750
  
  Fax: 202 566-0741
  
  Email: kendall.judith@epamail.epa.gov
  
  Ben Smith, Environmental Protection Agency, Office of Environmental
  
  Information, 2844T, Washington, DC 20460
  
  Phone: 202 566-0816
  
  Fax: 202 566-0741
  
  Email: smith.ben@epamail.epa.gov
  
  RIN: 2025-AA10
238. ADDITION OF TOXICITY EQUIVALENCY (TEQ) REPORTING AND QUANTITY DATA
  
  FOR INDIVIDUAL MEMBERS OF THE DIOXIN AND DIOXIN-LIKE COMPOUNDS CATEGORY
  
  UNDER EPCRA, SECTION 313
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 42 USC 11001 et seq
  
  CFR Citation: 40 CFR 372
  
  Legal Deadline: None
  
  Abstract: Under section 313 of the Emergency Planning and Community
  
  Right-to-Know Act (EPCRA) (i.e., the Toxics Release Inventory (TRI)), dioxin and dioxin-like compounds are reported in units of grams for the category. This project will add toxic equivalency (TEQ) reporting for the category and quantity data for individual members of the category to the grams only reporting currently required for the category under
  
  EPCRA section 313. TEQs are a weighted quantity measure based on the toxicity of each dioxin congener relative to the most toxic dioxin congeners, 2,3,7,8-tetrachlorodibenzo-p-dioxin and 1,2,3,7,8- pentachlorodibenzo-p-dioxin. The addition of TEQ reporting will allow better understanding of the releases and waste management quantities currently reported to the TRI for dioxin and dioxin-like compounds. TEQ reporting will also make it easier to compare TRI data on dioxin and dioxin-like compounds with other EPA activities which present data on dioxin and dioxin-like compounds in terms of TEQs. Several industry groups have written OMB supporting the addition of TEQ reporting to
  
  TRI.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  03/07/05
  
  70 FR 10919
  
  Final Action
  
  03/00/07
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: Businesses
  
  Government Levels Affected: Federal, State
  
  Additional Information: SAN No. 4692; TRI has not converted to NAICS so the
  
  Page 23355
  
  Standard Industrial Classification (SIC) Codes are listed: SIC Code 10
  
  Metal Mining (except SIC codes 1011, 1081, and 1094), SIC Code 12 Coal
  
  Mining (except SIC code 1241), SIC Code 20-39 Manufacturing, SIC Codes 4911, 4931, and 4939 Electric Utilities (limited to facilities that combust coal and/or oil for the purpose of generating power for distribution in commerce), SIC Code 4953 Commercial Hazardous Waste
  
  Treatment (limited to facilities regulated under the RCRA, subtitle C, 42 U.S.C. section 6921 et seq.), SIC Code 5169 Chemicals and Allied
  
  Products-Wholesale, SIC Code 5171 Petroleum Bulk Terminals and Plants,
  
  SIC Code 7389 Solvent Recovery Services (limited to facilities primarily engaged in solvent recovery services on a contract or fee basis).
  
  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
  
  Fax: 202 566-0741
  
  Email: bushman.daniel@epamail.epa.gov
  
  Ben Smith, Environmental Protection Agency, Office of Environmental
  
  Information, 2844T, Washington, DC 20460
  
  Phone: 202 566-0816
  
  Fax: 202 566-0741
  
  Email: smith.ben@epamail.epa.gov
  
  RIN: 2025-AA12
239. TOXICS RELEASE INVENTORY REPORTING BURDEN REDUCTION RULE
  
  Priority: Other Significant
  
  Legal Authority: 42 USC 11023 et seq
  
  CFR Citation: 40 CFR 372
  
  Legal Deadline: None
  
  Abstract: The primary goal of this effort by EPA is to reduce burdens associated with Toxics Release Inventory (TRI) reporting while at the same time continuing to provide valuable information to the public consistent with the goals and statutory requirements of the TRI program.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  10/04/05
  
  70 FR 57822
  
  Final Action
  
  01/00/07
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: Federal, State
  
  Additional Information: SAN No. 4896; EPA publication information: NPRM
  
  - http://www.epa.gov/fedrgstr/EPA-WASTE/2005/October/Day-04/f19710.htm;
  
  URL For More Information: www.epa.gov/tri
  
  Agency Contact: Kevin--E Donovan, Environmental Protection Agency,
  
  Office of Environmental Information, 2844T, Washington, DC 20460
  
  Phone: 202 566-0676
  
  Fax: 202 566-0741
  
  Email: donovan.kevin-e@epamail.epa.gov
  
  Cassandra Vail, Environmental Protection Agency, Office of
  
  Environmental Information, 2844T, Washington, DC 20460
  
  Phone: 202 566-0753
  
  Fax: 202 566-0715
  
  Email: vail.cassandra@epamail.epa.gov
  
  RIN: 2025-AA14
  
  Environmental Protection Agency (EPA)
  
  Long-Term Actions
  
  Emergency Planning and Community Right--to--Know Act (EPCRA)
240. 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 355; 40 CFR 370
  
  Legal Deadline: None
  
  Abstract: This rule will address the remaining issues from the proposed rule of June 8, 1998. (Reporting thresholds for gasoline and diesel fuel at retail gas stations were included in a separate final rule; 64
  
  FR 7031, February 11, 1999). This supplemental proposal will address reporting thresholds for chemicals that pose minimal risk. The final rule to the June 8, 1998 proposal and this supplemental proposal will address: reporting thresholds for rock salt, sand, gravel, and other chemicals that pose minimal risk; plain language rewrite; and may consider reporting thresholds for facilities with some similarities to gas stations (motor pools, marinas, etc.) and guidance on approaches to
  
  State flexibility. 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
  
  NPRM
  
  06/08/98
  
  63 FR 31268
  
  Final
  
  To Be
  
  Determined
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: Local, State
  
  Additional Information: SAN No. 3215;
  
  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
  
  Page 23356
  
  Vanessa Rodriquez, Environmental Protection Agency, Solid Waste and
  
  Emergency Response, 5104A, Washington, DC 20460
  
  Phone: 202 564-7913
  
  Fax: 202 564-2625
  
  Email: vanessa.rodriquez@.epa.gov
  
  RIN: 2050-AE17
241. 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 11001
  
  CFR Citation: 40 CFR 355
  
  Legal Deadline: None
  
  Abstract: EPA is considering an alternative approach for the threshold planning quantity (TPQ) for chemicals on the Extremely Hazardous
  
  Substances (EHS) List that are handled as solids in solution. The current TPQ for solids in solution is based on the assumption that the entire quantity of the solid chemical at a facility could potentially be released to air in event of an accident. EPA will propose a rule that would revise the TPQ for solids in solution and seek comment on an alternative approach. EPA is pursuing this proposal in part based on industry's request to revisit the TPQ rationale for the chemical paraquat dichloride (handled as a solid in aqueous solution). If the
  
  TPQ for solids in solution is raised, it would result in relieving some facilities (number and type unknown at this time) from the regulatory emergency planning and notification requirements under section 302-304 of the Emergency Planning and Community Right-to-Know Act (EPCRA). EPA intends to evaluate various experimental data for accidental air releases of solutions containing solid chemicals when developing revised TPQs. EPA would also seek public comment on the appropriateness of considering aerosol size as a factor for potential off-site exposure to communities.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  05/00/07
  
  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@epamail.epa.gov
  
  Sicy Jacob, Environmental Protection Agency, Solid Waste and Emergency
  
  Response, 5104A, Washington, DC 20460
  
  Phone: 202 564-8019
  
  Fax: 202 564-2625
  
  Email: jacob.sicy@epa.gov
  
  RIN: 2050-AF08
242. CLARIFY TRI REPORTING OBLIGATIONS UNDER EPCRA SECTION 313 FOR THE
  
  METAL MINING ACTIVITIES OF EXTRACTION AND BENEFICIATION
  
  Priority: Substantive, Nonsignificant. 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 stating that naturally occurring ores can not be manufactured within the meaning of EPCRA section 313. EPA is considering clarifying how the definitions of manufacturing and processing under EPCRA section 313 apply to the mining sector processes of extraction and beneficiation. This action will not affect the coal extraction activities exemption.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  12/00/09
  
  Final Action
  
  03/00/10
  
  Regulatory Flexibility Analysis Required: Undetermined
  
  Small Entities Affected: Businesses
  
  Government Levels Affected: Undetermined
  
  Federalism: Undetermined
  
  Additional Information: SAN No. 4616;
  
  URL For More Information: www.epa.gov/tri
  
  Agency Contact: Marc Edmonds, Environmental Protection Agency, Office of Environmental Information, 2844T, Washington, DC 20460
  
  Phone: 202 566-0758
  
  Fax: 202 566-0741
  
  Email: edmonds.marc@epamail.epa.gov
  
  Ben Smith, Environmental Protection Agency, Office of Environmental
  
  Information, 2844T, Washington, DC 20460
  
  Phone: 202 566-0816
  
  Fax: 202 566-0741
  
  Email: smith.ben@epamail.epa.gov
  
  RIN: 2025-AA11
243. 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.
  
  Page 23357
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  09/05/00
  
  65 FR 53681
  
  Notice of Data Availability
  
  06/14/05
  
  70 FR 34437
  
  Final Action
  
  02/00/09
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: Businesses
  
  Government Levels Affected: Federal, State
  
  Additional Information: SAN No. 2425.1; Split from RIN 2025-AA00.
  
  Formerly listed as RIN 2070-AC00. Statutory deadline: Within 180 days of receipt the Agency must either initiate rulemaking or explain why not in the Federal Register. Manufacturing industries in SIC codes 20- 39 plus the following industries and SIC codes: Metal Mining (SIC code 10 except SIC codes 1011, 1081, and 1094); Coal Mining (SIC code 12 except SIC code 1241); Electric Utilities (SIC codes 4911, 4931, 4939);
  
  Commercial Hazardous Waste Treatment (SIC code 4953); Chemicals and
  
  Allied Products-Wholesale (SIC code 5169); Petroleum Bulk Terminals and
  
  Plants (SIC code 5171); and, Solvent Recovery Services (SIC code 7389).
  
  URL For More Information: www.epa.gov/tri
  
  Agency Contact: Daniel Bushman, Environmental Protection Agency, Office of Environmental Information, 2844T, Washington, DC 20460
  
  Phone: 202 566-0743
  
  Fax: 202 566-0741
  
  Email: bushman.daniel@epamail.epa.gov
  
  Ben Smith, Environmental Protection Agency, Office of Environmental
  
  Information, 2844T, Washington, DC 20460
  
  Phone: 202 566-0816
  
  Fax: 202 566-0741
  
  Email: smith.ben@epamail.epa.gov
  
  RIN: 2025-AA17
244. TRI; RESPONSE TO PETITION TO DELETE ACETONITRILE FROM 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 delete acetonitrile from the list of toxic chemicals reportable under section 313 of the Emergency Planning and Community Right to Know Act
  
  (EPCRA). EPA will respond to the petition by either granting or denying the petition. If EPA grants the petition a notice of proposed rulemaking will be published in the Federal Register; if EPA denies the petition a notice of petition denial will be published. The deletion of this chemical would eliminate all the reporting requirements under the
  
  Toxic Chemical Release Reporting Rule.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  Response
  
  05/00/07
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: Businesses
  
  Government Levels Affected: Federal, State
  
  Additional Information: SAN No. 2425.3; Split from RIN 2025-AA00.
  
  Formerly listed as RIN 2070-AC00. Statutory deadline: Within 180 days of receipt the Agency must either initiate rulemaking or explain why not in the Federal Register. Manufacturing industries in SIC codes 20- 39 plus the following industries and SIC codes: Metal Mining (SIC code 10 except SIC codes 1011, 1081, and 1094); Coal Mining (SIC code 12 except SIC code 1241); Electric Utilities (SIC codes 4911, 4931, 4939);
  
  Commercial Hazardous Waste Treatment (SIC code 4953); Chemicals and
  
  Allied Products-Wholesale (SIC code 5169); Petroleum Bulk Terminals and
  
  Plants (SIC code 5171); and, Solvent Recovery Services (SIC code 7389).
  
  URL For More Information: www.epa.gov/tri
  
  Agency Contact: Daniel Bushman, Environmental Protection Agency, Office of Environmental Information, 2844T, Washington, DC 20460
  
  Phone: 202 566-0743
  
  Fax: 202 566-0741
  
  Email: bushman.daniel@epamail.epa.gov
  
  Ben Smith, Environmental Protection Agency, Office of Environmental
  
  Information, 2844T, Washington, DC 20460
  
  Phone: 202 566-0816
  
  Fax: 202 566-0741
  
  Email: smith.ben@epamail.epa.gov
  
  RIN: 2025-AA19
  
  Environmental Protection Agency (EPA)
  
  Proposed Rule Stage
  
  Resource Conservation and Recovery Act (RCRA)
245. REVISIONS TO SOLID WASTE LANDFILL CRITERIA--LEACHATE RECIRCULATION
  
  ON ALTERNATIVE LINERS
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 42 USC 6907; 42 USC 6912; 42 USC 6944; 42 USC 6949a
  
  CFR Citation: 40 CFR 258
  
  Legal Deadline: None
  
  Abstract: EPA plans to propose a rule amending the Federal criteria for municipal solid waste landfills (MSWLF) to allow leachate recirculation over alternative liner systems which meet the performance standard specified by the MSWLF criteria. The performance determination would be made by the state director of an approved MSWLF program. EPA also plans to propose a new section to the MSWLF criteria that will allow the alternative of clean closure of landfills rather than require the installation of a landfill cap. This would allow the solid waste in the
  
  MSWLF to be totally removed from the site and be properly disposed of at another site. Finally, EPA plans to propose an additional factor for determining the frequency of ground water monitoring for the detection monitoring program specified in this subpart. The additional factor for consideration concerns liner performance where there is some direct system for determining liner performance. However, the minimum monitoring frequency would still be no
  
  Page 23358
  
  less than once a year as stated in the existing regulation. The Federal role is to establish minimum protective criteria. This proposal would allow additional flexibility for facility managers of municipal landfills to achieve compliance with the criteria. By providing additional flexibility this proposal will reduce potential costs while providing alternative means of environmental protection.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NODA
  
  04/06/00
  
  65 FR 18014
  
  NPRM
  
  01/00/07
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: State, Local, Tribal
  
  Additional Information: SAN No. 4230;
  
  Sectors Affected: 562 Waste Management and Remediation Services
  
  Agency Contact: Craig Dufficy, Environmental Protection Agency, Solid
  
  Waste and Emergency Response, 5306W, Washington, DC 20460
  
  Phone: 703 308-9037
  
  Fax: 703 308-8686
  
  Email: dufficy.craig@epa.gov
  
  Richard Kinch, Environmental Protection Agency, Solid Waste and
  
  Emergency Response, 5307W, Washington, DC 20460
  
  Phone: 703 308-8214
  
  Fax: 703 308-8686
  
  Email: kinch.richard@epa.gov
  
  RIN: 2050-AE67
246. 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: EPA proposed to modify the RCRA regulations for management of solvent-contaminated industrial wipes in response to stakeholder concerns that industrial wipes are over-regulated because they pose little threat to human health and the environment. Industrial wipes are used with solvents across industry in various ways; EPA estimates that there are approximately 471,000 users of industrial wipes in 13 economic sub-sectors, but many users use small numbers of wipes with small amounts of solvents on them. If finalized, this regulation would provide regulatory relief for two types of solvent-contaminated industrial wipes: (1) disposable wipes, which are disposed of in a landfill or by combustion after use, and (2) reusable wipes, which are laundered after use to remove the solvent and then are used again. EPA proposed to conditionally exclude disposable industrial wipes from the definition of hazardous waste and to conditionally exclude reusable industrial wipes from the definition of solid waste. The regulation, if finalized, is estimated to result in $34 million of savings throughout the economy and has been developed with conditions to ensure that management of these solvents remains protective of human health and the environment.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  11/20/03
  
  68 FR 65586
  
  Notice of Data Availability
  
  01/00/07
  
  Final Action
  
  06/00/08
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: Businesses
  
  Government Levels Affected: Federal, State
  
  Additional Information: SAN No. 4091; EPA Docket information: EPA-HQ-
  
  RCRA-2003-0004
  
  Sectors Affected: 325 Chemical Manufacturing; 334 Computer and
  
  Electronic Product Manufacturing; 332 Fabricated Metal Product
  
  Manufacturing; 337 Furniture and Related Product Manufacturing; 333
  
  Machinery Manufacturing; 441 Motor Vehicle and Parts Dealers; 812
  
  Personal and Laundry Services; 323 Printing and Related Support
  
  Activities; 811 Repair and Maintenance; 336 Transportation Equipment
  
  Manufacturing
  
  URL For More Information: www.epa.gov/epaoswer/hazwaste/id/solvents/wipes.htm
  
  Agency Contact: Teena Wooten, Environmental Protection Agency, Solid
  
  Waste and Emergency Response, 5304W, Washington, DC 20460
  
  Phone: 703 308-8751
  
  Fax: 703 308-0514
  
  Email: wooten.teena@epa.gov
  
  RIN: 2050-AE51
247. INCREASE METALS RECLAMATION FROM F006 WASTE STREAMS
  
  Priority: Other Significant
  
  Legal Authority: 42 USC 6902; 42 USC 6921 to 6930; 42 USC 6938
  
  CFR Citation: 40 CFR 261
  
  Legal Deadline: None
  
  Abstract: Many metal finishers and other industrial sectors generate an electroplating sludge as part of their production process that is amenable to recycling; i.e., the sludge contains economically recoverable amounts of metals such as copper, nickel, zinc, etc. These sludges (F006) are listed hazardous wastes subject to RCRA regulations.
  
  Many generators continue to send these sludges for treatment and disposal when they could be recycled. Similarly, generators currently sending their sludges for recycling receive no economic benefit for this practice. Since the mid-1990s, EPA has been working with industry and the States to create incentives for safe recycling and has promulgated rules to foster this practice. EPA is currently evaluating several options that would provide regulatory relief to generators and handlers of F006. All options would reduce regulatory costs to generators and handlers relative to the current RCRA subtitle C regulatory program.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  06/00/06
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: None
  
  Additional Information: SAN No. 4651; EPA Docket information: EPA-HQ-
  
  RCRA-2005-0012
  
  Agency Contact: Jim OLeary, Environmental Protection Agency, Solid
  
  Waste and Emergency Response, 5304W, Washington, DC 20460
  
  Phone: 703 308-8827
  
  Email: oleary.jim@epamail.epa.gov
  
  Charlotte Mooney, Environmental Protection Agency, Solid Waste and
  
  Emergency Response, 5304W, Washington, DC 20460
  
  Phone: 703 308-7025
  
  Page 23359
  
  Fax: 703 308-0514
  
  Email: mooney.charlotte@epa.gov
  
  RIN: 2050-AE97
248. HAZARDOUS WASTE MANAGEMENT SYSTEM: IDENTIFICATION AND LISTING OF
  
  HAZARDOUS WASTE (F019 LISTING AMENDMENT IN WASTEWATER TREATMENT SLUDGES
  
  FROM ZINC PHOSPHATING PROCESSES IN AUTOMOTIVE ASSEMBLY PLANTS)
  
  Priority: Other Significant
  
  Legal Authority: 42 USC 3001
  
  CFR Citation: 40 CFR 261.31; 40 CFR 302.4
  
  Legal Deadline: None
  
  Abstract: Automobile manufacturers are adding aluminum or aluminized components to automobiles to reduce the weight of vehicles to increase fuel economy. When aluminum components are added to the automobile assembly process, the current Federal regulations require that the wastewater treatment sludges generated from this conversion coating process be managed as a hazardous waste under the Resource Conservation and Recovery Act. EPA intends to reduce burden on the regulated community by revising the current RCRA regulations that apply to the wastewater treatment sludges from the chemical conversion coating (zinc phosphating) of aluminum.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  09/00/06
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: Undetermined
  
  Additional Information: SAN No. 4834; EPA Docket information: EPA-HQ-
  
  RCRA-2004-0019
  
  Agency Contact: James Michael, Environmental Protection Agency, Solid
  
  Waste and Emergency Response, 5304W, Washington, DC 20460
  
  Phone: 703 308-8610
  
  Fax: 703 308-0514
  
  Email: michael.james@epa.gov
  
  Gail Cooper, Environmental Protection Agency, Solid Waste and Emergency
  
  Response, 5304W, Washington, DC 20460
  
  Phone: 703 308-8419
  
  Fax: 703 308-0514
  
  Email: cooper.gailann@epa.gov
  
  RIN: 2050-AG15
249. RULEMAKING TO STREAMLINE LABORATORY WASTE MANAGEMENT IN ACADEMIC
  
  AND RESEARCH LABORATORIES
  
  Priority: Other Significant
  
  Legal Authority: 42 USC 6922
  
  CFR Citation: 40 CFR 262
  
  Legal Deadline: None
  
  Abstract: The College and University Laboratory rulemaking is focusing on the ways to make the Resource Conservation and Recovery Act a better fit for the laboratory setting and to improve reuse, recycling, and the overall management of chemicals in the laboratory settings. EPA recognizes the unique aspects of academic laboratories compared with large manufacturing processes. For example, academic laboratories generate small amounts of many different wastes while large manufacturing processes tend to generate large amounts of a few wastes.
  
  Our goal is to improve the program to better protect human health and the environment, through standards that are harmonious with the way academic laboratories operate. Our aim is to improve compliance, not by relaxing the standards, but by improving the fit through regulatory changes to 40 CFR 262.34.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  06/00/06
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: Undetermined
  
  Additional Information: SAN No. 4920; No legal deadline.; EPA Docket information: EPA-HQ-RCRA-2003-0012
  
  Sectors Affected: 6113 Colleges, Universities and Professional Schools; 6112 Junior Colleges
  
  Agency Contact: Patricia Mercer, Environmental Protection Agency, Solid
  
  Waste and Emergency Response, 5304W, Washington, DC 20460
  
  Phone: 703 308-8408
  
  Fax: 703 308-0522
  
  Email: mercer.patricia@epa.gov
  
  Anna Tschursin, Environmental Protection Agency, Solid Waste and
  
  Emergency Response, 5304W, Washington, DC 20460
  
  Phone: 703 308-8805
  
  Fax: 703 308-0522
  
  Email: tschursin.anna@epa.gov
  
  RIN: 2050-AG18
250. RCRA INCENTIVES FOR PERFORMANCE TRACK MEMBERS
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: Not Yet Determined
  
  CFR Citation: 40 CFR 262; 40 CFR 264; 40 CFR 265; 40 CFR 268; 40 CFR 279
  
  Legal Deadline: None
  
  Abstract: The Performance Track program provides recognition and incentives for facilities that demonstrate to the Agency that they are top environmental performers. Performance Track is a voluntary, facility based program that reviews applicants twice a year for conformance to four core criteria. These criteria are: a commitment to continuous improvement, a well-functioning Environmental Management system in place for at least one year, a solid record of compliance, and a commitment to community outreach and annual public reporting.
  
  Currently there are about 300 members in Performance Track. In this action, EPA plans to propose a streamlined process for permit modifications, performance based standards for tanks, new capabilities for standardized permits, and reduced duplication between RCRA and CAA standards. These incentives will be available only to facilities that are members of the Performance Track program. Should a facility choose to leave the program, any regulatory benefits they receive will no longer be available. Performance Track facilities commit to environmental improvements that reach beyond regulatory compliance, and as such benefits are quantifiable via each member facilities' annual report, and in aggregate through EPA's progress reports on the program.
  
  In EPA's first Performance Track progress report, member facilities collectively reduced: Energy use by 3.1 million MMBTUs; Water use by 775 million gallons; Hazardous materials use by 17,996 tons; Solid waste by 176,126 tons; Hazardous waste by 6,558 tons; Emissions of greenhouse gases by 40,193 tons; Emissions of nitrogen
  
  Page 23360
  
  oxides (NOx) by 2,152 tons; Emissions of sulfur dioxide (SO2) by 13,621 tons; and toxic discharges to water by 6,834 tons. Members also increased their use of reused and recycled materials by 13,760 tons and preserved or restored 4,485 acres of habitat.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  05/00/06
  
  Final Action
  
  03/00/07
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: Federal, State
  
  Additional Information: SAN No. 4828;
  
  Agency Contact: Robert Sachs, Environmental Protection Agency, Office of the Administrator, 1807T, Washington, DC 20460
  
  Phone: 202 566-2884
  
  TDD Phone: 202 566-2884
  
  Fax: 202 566-0966
  
  Email: sachs.robert@epamail.epa.gov
  
  David Guest, Environmental Protection Agency, Office of the
  
  Administrator, 1807T, Washington, DC 20460
  
  Phone: 202 566-2872
  
  TDD Phone: 202 566-2872
  
  Fax: 202 566-2985
  
  Email: guest.david@epamail.epa.gov
  
  RIN: 2090-AA34
  
  Environmental Protection Agency (EPA)
  
  Final Rule Stage
  
  Resource Conservation and Recovery Act (RCRA)
251. 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 and E.O. 13101 require EPA to prepare guidelines in the Federal Register which designate items that are or can be made with recovered materials and to issue recommendations for government procurement of these items. Once designated, procuring agencies are required to purchase these items with the highest percentage of recovered materials practicable. Government procurement of EPA-designated items containing recovered materials fosters markets for recovered materials and, thereby, closes the recycling loop. To date, EPA has designated 61 items under four Comprehensive Procurement
  
  Guidelines (CPG1, CPG2, CPG3 and CPG4). EPA has also issued a Recovered
  
  Materials Advisory Notice (RMAN) with each CPG which provides recommendations on buying the designated items. The E.O. requires EPA to update the CPG every 2 years. EPA has proposed one new and one revised item designation in CPG5.
  
  In addition, CPG Nylon Carpet was originally proposed with CPG IV, but, not included in the final designation because more information was needed. A Notice of Data Availability was issued asking for that information. EPA is now considering finalizing the CPG for Nylon Carpet separately from CPG IV and V.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM-CPG1
  
  04/20/94
  
  59 FR 18892
  
  Final CPG1
  
  05/01/95
  
  60 FR 21370
  
  NPRM CPG2
  
  11/07/96
  
  61 FR 57748
  
  Final CPG2
  
  11/13/97
  
  62 FR 60962
  
  NPRM-CPG3
  
  08/26/98
  
  63 FR 45558
  
  Final-CPG3-RMAN3
  
  01/19/00
  
  65 FR 3069
  
  NPRM CPG4
  
  08/28/01
  
  66 FR 45256
  
  NODA on Nylon Carpet
  
  07/16/03
  
  68 FR 42040
  
  NPRM-CPG5
  
  12/10/03
  
  68 FR 68813
  
  Final-CPG4-RMAN4
  
  04/30/04
  
  69 FR 24028
  
  Final CPG 5
  
  10/00/06
  
  Final CPG for Nylon Carpet
  
  10/00/06
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: Federal, Local, State
  
  Additional Information: SAN No. 3545; EPA Docket information: For CPG V rule: EPA-HQ-RCRA-2003-0005
  
  Sectors Affected: 92119 All Other General Government; 92111 Executive
  
  Offices
  
  URL For More Information: www.epa.gov/cpg
  
  Agency Contact: Susan Nogas, Environmental Protection Agency, Solid
  
  Waste and Emergency Response, 5306W, Washington, DC 20460
  
  Phone: 703 308-0199
  
  Fax: 703 308-8686
  
  Email: nogas.sue@epa.gov
  
  Marlene Regelski-Reddoor, Environmental Protection Agency, Solid Waste and Emergency Response, 5306W, Washington, DC 20460
  
  Phone: 703 308-7276
  
  Fax: 703 308-8686
  
  Email: regelski-reddoor.marlene@epa.gov
  
  RIN: 2050-AE23
252. REGULATION OF HAZARDOUS OIL-BEARING SECONDARY MATERIALS FROM
  
  PETROLEUM REFINING INDUSTRY AND OTHER HAZARDOUS SECONDARY MATERIALS
  
  PROCESSED IN A GASIFICATION SYSTEM TO PRODUCE SYNTHESIS GAS
  
  Priority: Other Significant
  
  Legal Authority: 42 USC 6905; 42 USC 6912(a); 42 USC 6921; 42 USC 6922; 42 USC 6923; 42 USC 6924; 42 USC 6925; 42 USC 6926; 42 USC 6927; 42 USC 6930; 42 USC 6934; 42 USC 6935; 42 USC 6937; 42 USC 6938; 42 USC 6939; 42 USC 6974
  
  CFR Citation: 40 CFR 260; 40 CFR 261
  
  Legal Deadline: None
  
  Abstract: The U.S. Environmental Protection Agency (EPA) is considering finalizing revisions to the RCRA hazardous regulations to exclude oil- bearing secondary materials, generated by the petroleum refining industry and others, from the definition of solid waste if the materials are destined to be processed in a gasification device manufacturing synthesis gas fuel. We are considering this exclusion in order to clarify and simplify RCRA jurisdiction, and to be consistent with other comparable existing exclusions.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  03/25/02
  
  67 FR 13684
  
  Final Action
  
  04/00/07
  
  Page 23361
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: State
  
  Additional Information: SAN No. 4411; This is an extension of a previous notice that contained the following RIN 2050-AD88.
  
  Sectors Affected: 32411 Petroleum Refineries
  
  Agency Contact: Larry Gonzalez, Environmental Protection Agency, Solid
  
  Waste and Emergency Response, 5302W, Washington, DC 20460
  
  Phone: 703 308-8605
  
  Fax: 703 308-8433
  
  Email: gonzalez.larry@epa.gov
  
  Elaine Eby, Environmental Protection Agency, Solid Waste and Emergency
  
  Response, 5302W, Washington, DC 20460
  
  Phone: 703 308-8449
  
  Fax: 703 308-8605
  
  Email: eby.elaine@epa.gov
  
  RIN: 2050-AE78
253. RECYCLING OF CATHODE RAY TUBES (CRTS): CHANGES TO HAZARDOUS WASTE
  
  REGULATIONS
  
  Priority: Other Significant
  
  Legal Authority: 42 USC 6912(a); 42 USC 6921; 42 USC 6922; 42 USC 6923; 42 USC 6924; 42 USC 6925
  
  CFR Citation: 40 CFR 261
  
  Legal Deadline: None
  
  Abstract: This action will ultimately revise the existing Federal hazardous waste regulations to encourage recycling and better management of Cathode Ray Tubes (CRTs) by providing a conditional exclusion from the definition of solid waste for CRTs being recycled. A
  
  CRT is the display component of a television or computer monitor. A CRT is made largely of specialized glasses, some of which contain lead to protect the user from X-rays inside the CRT. Due to the lead, when they are disposed of or reclaimed, some CRTs are hazardous wastes under the
  
  Federal Resource Conservation and Recovery Act (RCRA) regulations.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  06/12/02
  
  67 FR 40508
  
  Final Action
  
  05/00/06
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: Federal, Local, State, Tribal
  
  Additional Information: SAN No. 4092; EPA Docket information: EPA-HQ-
  
  RCRA-2004-0010
  
  Sectors Affected: 334411 Electron Tube Manufacturing
  
  Agency Contact: Marilyn Goode, Environmental Protection Agency, Solid
  
  Waste and Emergency Response, 5304W, Washington, DC 20460
  
  Phone: 703 308-8800
  
  Fax: 703 308-0514
  
  Email: goode.marilyn@epamail.epa.gov
  
  RIN: 2050-AE52
254. REVISIONS TO THE DEFINITION OF SOLID WASTE
  
  Priority: Economically Significant. Major under 5 USC 801.
  
  Legal Authority: 42 USC 6903 RCRA sec 1004
  
  CFR Citation: 40 CFR 261.2
  
  Legal Deadline: None
  
  Abstract: On October 28, 2003 (68 FR 61558), EPA proposed revisions to the definition of solid waste for materials being reclaimed in a continuous process in the generating industry. This proposal was in part intended to respond to various court decisions about the extent of
  
  RCRA jurisdiction over secondary materials being recycled. In the same notice, the Agency also proposed criteria for determining whether or not hazardous secondary materials are recycled legitimately. EPA received numerous comments on the proposal. Based on comments received,
  
  EPA had conducted studies of recycling practices and the circumstances in which recycling of hazardous wastes caused environmental problems.
  
  We are developing a rule or rules which will address commenters'concerns regarding various aspects of the proposed rule.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  10/28/03
  
  68 FR 61558
  
  Action Taken
  
  12/00/06
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: Federal, State
  
  Additional Information: SAN No. 4670; Listed in the 2005 OMB report,
  
  Regulatory Reform of the U.S. Manufacturing Sector. EPA and OMB have determined that this reform has potential merit and justifies further action.; EPA Docket information: EPA-HQ-RCRA-2002-0031
  
  Agency Contact: Marilyn Goode, Environmental Protection Agency, Solid
  
  Waste and Emergency Response, 5304W, Washington, DC 20460
  
  Phone: 703 308-8800
  
  Fax: 703 308-0514
  
  Email: goode.marilyn@epamail.epa.gov
  
  Tracy Atagi, Environmental Protection Agency, Solid Waste and Emergency
  
  Response, 5304W, Washington, DC 20460
  
  Phone: 703 308-8672
  
  Fax: 703 308-0514
  
  Email: atagi.tracy@epamail.epa.gov
  
  RIN: 2050-AE98
255. CRITERIA FOR SAFE AND ENVIRONMENTALLY PROTECTIVE USE OF GRANULAR
  
  MINE TAILINGS
  
  Priority: Other Significant
  
  Legal Authority: Public Law 109-59
  
  CFR Citation: 40 CFR 278
  
  Legal Deadline: Final, Statutory, February 6, 2006, the 2005
  
  Transportation Equity Act requires the Agency to establish criteria within 180 days of enactment.
  
  Abstract: The 2005 Transportation Equity Act requires EPA to establish criteria for the safe and environmentally protective use of granular mine tailings (chat) from the Tar Creek, Oklahoma Mining District in cement and concrete products and in transportation construction projects.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  04/04/06
  
  71 FR 16729
  
  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. 5019; EPA Docket information: EPA-HQ-
  
  RCRA-2006-0097
  
  Page 23362
  
  Agency Contact: Stephen Hoffman, Environmental Protection Agency, Solid
  
  Waste and Emergency Response, 5307W, Washington, DC 20460
  
  Phone: 703 308-8413
  
  Fax: 703 605-0595
  
  Email: hoffman.stephen@epa.gov
  
  Richard Kinch, Environmental Protection Agency, Solid Waste and
  
  Emergency Response, 5307W, Washington, DC 20460
  
  Phone: 703 308-8214
  
  Fax: 703 308-8686
  
  Email: kinch.richard@epa.gov
  
  RIN: 2050-AG27
256. PROJECT XL SITE-SPECIFIC RULEMAKING FOR THE IBM SEMICONDUCTOR
  
  MANUFACTURING FACILITY IN HOPEWELL JUNCTION, NEW YORK
  
  Priority: Info./Admin./Other
  
  Legal Authority: 42 USC 6905; 42 USC 6912(a); 42 USC 6921; 42 USC 6922; 42 USC 6924(y); 42 USC 6938
  
  CFR Citation: 40 CFR 261.4(a)
  
  Legal Deadline: None
  
  Abstract: This rulemaking provides a site-specific exclusion from the regulatory definition of solid waste for certain wastewater treatment sludges (otherwise designated as Hazardous Waste No. F006) when they are used as ingredients in the production of cement. Without this exclusion, the sludges being legitimately recycled as substitutes for raw materials would remain subject to hazardous waste regulatory requirements, including the need for a storage permit by the cement manufacturer, which is a major disincentive to recycling the sludges in this manner. This XL project tests the presumption that these sludges can be safely recycled without regulatory oversight.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  06/06/01
  
  66 FR 30349
  
  Supplemental NPRM
  
  04/14/03
  
  68 FR 18042
  
  Final Action
  
  01/00/07
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: Federal, State
  
  Additional Information: SAN No. 4565;
  
  Agency Contact: Sandra Panetta, Environmental Protection Agency, Office of the Administrator, 1807, Washington, DC 20460
  
  Phone: 202 566-2184
  
  Fax: 202 566-2200
  
  Email: panetta.sandra@epamail.epa.gov
  
  Andrew Baca, Environmental Protection Agency, Office of the
  
  Administrator, 5301W, Washington, DC 20460
  
  Phone: 703 308-6787
  
  Fax: 703 308-0513
  
  Email: baca.andrew@epamail.epa.gov
  
  RIN: 2090-AA29
  
  Environmental Protection Agency (EPA)
  
  Long-Term Actions
  
  Resource Conservation and Recovery Act (RCRA)
257. 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 some additional control of CKD was needed and published a regulatory determination (60 FR 7366, 2/7/95). 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 is now considering an approach whereby it would finalize the proposed option of issuing the protective CKD management standards as described in the August 20, 1999 proposal as a RCRA Subtitle D rule. The Agency would temporarily suspend its active consideration of the proposed listing of mismanaged
  
  CKD as a hazardous waste, and assess how CKD management practices and state regulatory programs evolve over the next 3 to 5 years. Based on this assessment, EPA will then proceed to either formally withdraw or promulgate the portion of the 1999 proposal that classifies as a RCRA hazardous waste CKD that has been egregiously mismanaged. EPA will be promoting pollution prevention, recycling, and safer disposal of CKD by considering finalization of protective management standards for this waste. The Agency believes that these management standards are a creative, affordable, and common sense approach that can protect human health and the environment without imposing unnecessary regulatory burdens on the cement industry. These standards provide a new, tailored framework that safeguards ground water and limits risk from releases of dust to air.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  Regulatory Determination
  
  02/07/95
  
  60 FR 7366
  
  NPRM
  
  08/20/99
  
  64 FR 45632
  
  Notice - Extend Comment Period 10/28/99
  
  64 FR 58022
  
  NoDA 1
  
  07/25/02
  
  67 FR 48648
  
  Notice -Extend Comment Period 11/08/02
  
  67 FR 68130
  
  Final Action
  
  08/00/07
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: None
  
  Additional Information: SAN No. 3856;
  
  Sectors Affected: 32731 Cement Manufacturing
  
  Agency Contact: Jana Englander, Environmental Protection Agency, Solid
  
  Waste and Emergency Response, 5306W, Washington, DC 20460
  
  Phone: 703 308-8711
  
  Fax: 703 308-8686
  
  Email: englander.jana@epamail.epa.gov
  
  Page 23363
  
  Steve Souders, Environmental Protection Agency, Solid Waste and
  
  Emergency Response, 5306W, Washington, DC 20460
  
  Phone: 703 308-8431
  
  Fax: 703 308-8686
  
  Email: souders.steve@epamail.epa.gov
  
  RIN: 2050-AE34
258. STANDARDS FOR THE MANAGEMENT OF COAL COMBUSTION WASTES GENERATED
  
  BY COMMERCIAL ELECTRIC POWER PRODUCERS
  
  Priority: Economically Significant. Major status under 5 USC 801 is undetermined.
  
  Unfunded Mandates: Undetermined
  
  Legal Authority: 42 USC 6907(a)(3); 42 USC 6944(a)
  
  CFR Citation: 40 CFR 257
  
  Legal Deadline: None
  
  Abstract: This action is for the development of non-hazardous waste regulations under subtitle D of the RCRA statute. The regulations will apply to landfill and surface impoundment facilities that manage coal combustion wastes generated by steam electric power generators, i.e., electric utilities and independent power producers. This action results from EPA's regulatory determination for fossil fuel combustion wastes
  
  (see 65 FR 32214, May 22, 2000), which concluded that waste management regulations under RCRA are appropriate for certain coal combustion wastes. The utility industry has made significant improvement in its waste management practices over recent years, and most state regulatory programs are similarly improving. However, public comment and other analyses have convinced the Agency that coal combustion wastes could pose significant risks to human health and the environment if they are not properly managed. There is sufficient evidence that adequate controls may not be in place. For example, 62 percent of existing utility impoundments do not have groundwater monitoring; thus, their impact on ground and surface waters cannot be evaluated in light of numerous damage cases identified by the Agency that involve management of these wastes. The intended benefits of this action will be to prevent contamination or damage to ground waters and surface waters, thereby avoiding risk to human health and the environment, including ecological risks. The Agency is currently analyzing the human health and eco risks, costs, and economic impact of this action as it develops the proposed regulation. The Agency has considered alternatives to this action, including regulating these wastes as hazardous wastes under subtitle C of RCRA, but has rejected this approach as discussed in the regulatory determination (see 65 FR 32214, May 22, 2000). EPA has also considered issuing guidance instead of regulations to industry and
  
  State and local governments to focus on these remaining waste management issues but concluded that there will probably continue to be some gaps in practices and controls and is concerned at the possibility that these will go unaddressed. The Agency also believes the timeframe for improvement of current practices is likely to be longer in the absence of Federal regulation.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  05/00/07
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: Federal, Local, State, Tribal
  
  Federalism: Undetermined
  
  Additional Information: SAN No. 4470; This rule may also impact
  
  Federal, State, local or tribal governments that own coal-burning commercial electric power generating facilities.
  
  Sectors Affected: 221112 Fossil Fuel Electric Power Generation
  
  Agency Contact: Alexander Livnat, Environmental Protection Agency,
  
  Solid Waste and Emergency Response, 5306W, Washington, DC 20460
  
  Phone: 703 308-7251
  
  Fax: 703 308-8686
  
  Email: livnat.alexander@epamail.epa.gov
  
  Steve Souders, Environmental Protection Agency, Solid Waste and
  
  Emergency Response, 5306W, Washington, DC 20460
  
  Phone: 703 308-8431
  
  Fax: 703 308-8686
  
  Email: souders.steve@epamail.epa.gov
  
  RIN: 2050-AE81
259. STANDARDS FOR THE MANAGEMENT OF COAL COMBUSTION WASTES--NON-POWER
  
  PRODUCERS AND MINEFILLING
  
  Priority: Economically Significant. Major status under 5 USC 801 is undetermined.
  
  Unfunded Mandates: Undetermined
  
  Legal Authority: 42 USC 6907(a)(3); 42 USC 6944
  
  CFR Citation: 40 CFR 257
  
  Legal Deadline: None
  
  Abstract: This action is for the development of non-hazardous waste regulations under subtitle D of the RCRA statute. The regulations will apply to landfill and surface impoundment facilities that manage coal combustion wastes generated by non-utility combustors. Non-utility combustors are commercial, industrial, and institutional facilities that burn coal in boilers to generate steam. The regulations will also apply to mine facilities where any coal combustion wastes are managed,
  
  (i.e., backfilled into mined areas). This action results from EPA's regulatory determination for fossil fuel combustion wastes (see 65 FR 32214, May 22, 2000), in which the Agency concluded that coal combustion wastes could pose significant risks to human health and the environment if they are not properly managed. As described in the regulatory determination, there is sufficient evidence that adequate controls may not be in place. 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 has completed information collection efforts and is analyzing this information. The Agency will also analyze the human health and eco risks, costs, and economic impact of this action as it develops the proposed regulations.
  
  The Agency has considered alternatives to this action, including regulating these wastes as hazardous wastes under subtitle C of RCRA, but has rejected this approach as discussed in the regulatory determination (see 65 FR 32214, May 22, 2000). EPA has also considered issuing guidance to industry and State and local governments to focus on the waste management issues but concluded that there will probably
  
  Page 23364
  
  continue to be some gaps in practices and controls and is concerned at the possibility that these will go unaddressed. The Agency is considering alternatives to regulation of mine placement under RCRA per this action, including consulting with the U.S. Department of the
  
  Interior on appropriate measures under the Surface Mining Control and
  
  Reclamation Act (SMCRA) or some combination of both SMCRA and RCRA.
  
  The schedule has been deferred pending results of a National Academy of
  
  Sciences study of the health and environmental risks associated with placement of power plant coal combustion byproducts in coal mines.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  10/00/08
  
  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. 4469; This rule may also impact
  
  Federal, State, local or tribal governments that own/operate coal- burning facilities (excluding facilities that primarily generate electric power for sale) or coal mines that accept coal combustion wastes.
  
  Sectors Affected: 325 Chemical Manufacturing; 2121 Coal Mining; 22112
  
  Electric Power Transmission, Control and Distribution; 311 Food
  
  Manufacturing; 337 Furniture and Related Product Manufacturing; 62
  
  Health Care and Social Assistance; 322 Paper Manufacturing; 331 Primary
  
  Metal Manufacturing; 313 Textile Mills; 336 Transportation Equipment
  
  Manufacturing
  
  URL For More Information: http://www.epa.gov/epaoswer/other/fossil/index.htm
  
  Agency Contact: Bonnie Robinson, Environmental Protection Agency, Solid
  
  Waste and Emergency Response, 5306W, Washington, DC 20460
  
  Phone: 703 308-8429
  
  Fax: 703 308-8686
  
  Email: robinson.bonnie@epamail.epa.gov
  
  RIN: 2050-AE83
260. RCRA SMARTER WASTE REPORTING
  
  Priority: Other Significant
  
  Legal Authority: 42 USC 6907; 42 USC 6912(a); 42 USC 6921 to 6927; 42
  
  USC 6930; 42 USC 6934; 42 USC 6935; 42 USC 6937 to 6939; 42 USC 6944; 42 USC 6949(a); 42 USC 6974; PL 104-13
  
  CFR Citation: 40 CFR 260.31; 40 CFR 261.4; 40 CFR 261.38; 40 CFR 264.16; 40 CFR 264.52; 40 CFR 264.56; 40 CFR 264.73; 40 CFR 264.98 et seq; 40 CFR 265.16; 40 CFR 265.52; 40 CFR 265.56; 40 CFR 265.73; 40 CFR 265.98 et seq; 40 CFR 266.103; 40 CFR 268.7; 40 CFR 268.9; 40 CFR 270.16; 40 CFR 270.17
  
  Legal Deadline: None
  
  Abstract: As part of its response to the Paperwork Reduction Act, EPA formed the RCRA Burden Reduction Initiative. The Agency is reviewing additional Burden Reduction opportunities, some of which were proposed but not included in the Burden Reduction Initiative final rule.
  
  Additionally, EPA will look for opportunities for burden reduction within the Biennial Report. Moving from a paper system to an electronic system focused on information gathered and generated by Treatment,
  
  Storage, and Disposal Facilities may provide for significant Burden
  
  Reduction savings.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  To Be
  
  Determined
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: Federal, State, Local, Tribal
  
  Additional Information: SAN No. 4735;
  
  Agency Contact: Peggy Vyas, Environmental Protection Agency, Solid
  
  Waste and Emergency Response, 5302W, Washington, DC 20460
  
  Phone: 703 308-5477
  
  Fax: 703 308-8433
  
  Email: vyas.peggy@epa.gov
  
  RIN: 2050-AF01
261. E-CYCLING PILOT PROJECT FOR REGION 3 STATES (ECOS); STREAMLINING
  
  RCRA REGULATIONS TO ENCOURAGE REUSE, RECYCLING, AND RECOVERY OF
  
  ELECTRONIC EQUIPMENT
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 42 USC 6905; 42 USC 6912(a); 42 USC 6921; 42 USC 6922; 42 USC 6924(y); 42 USC 6938
  
  CFR Citation: 40 CFR 261.4(a)(24); 40 CFR 261.40
  
  Legal Deadline: None
  
  Abstract: This project is the result of an Environmental Council of
  
  States (ECOS) partnership agreement that EPA Region 3 entered into with the six State environmental agencies. As part of the partnership agreement, the Region agreed to prepare a regional rule and to expedite its promulgation by using the direct final rulemaking process. The direct final was withdrawn because there were adverse comments on the rule. Originally, rule was to be used as a model for electronic recycling nationwide by EPA Region 3 and the Mid-Atlantic States (DE,
  
  DC, MD, PA, VA, WV). However, the usefulness of this rule as a pilot project will likely be overtaken upon promulgation of EPA's national proposed cathode ray tube (CRTs) exclusion from the definition of solid waste (e.g., CRTs are the video display components of televisions and computer monitors). The national rule is currently being reviewed within the Agency.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  12/26/02
  
  67 FR 78761
  
  Direct Final
  
  12/26/02
  
  67 FR 78718
  
  Direct Final Withdrawn
  
  02/24/03
  
  68 FR 8553
  
  Final Action
  
  To Be
  
  Determined
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: Federal, Local, State
  
  Additional Information: SAN No. 4701;
  
  Agency Contact: Marie Holman, Environmental Protection Agency, Regional
  
  Office Philadelphia, 3EI00, Philadelphia, PA 19130
  
  Phone: 215 814-5463
  
  Email: holman.marie@epamail.epa.gov
  
  Sandra Panetta, Environmental Protection Agency, Regional Office
  
  Page 23365
  
  Philadelphia, 1807T, Philadelphia, PA 19130
  
  Phone: 202 566-2184
  
  Email: panetta.sandra@epamail.epa.gov
  
  RIN: 2003-AA00
262. REVISIONS FOR TRANSBOUNDARY SHIPMENTS OF HAZARDOUS WASTE FOR
  
  RECOVERY WITHIN THE ORGANIZATION FOR ECONOMIC COOPERATION AND
  
  DEVELOPMENT
  
  Priority: Other Significant
  
  Legal Authority: 42 USC 6901 et seq
  
  CFR Citation: 40 CFR 262 Subpart H (Revision); 40 CFR 262.58; 40 CFR 264.12(a)(2); 40 CFR 265.12(a)(2)
  
  Legal Deadline: None
  
  Abstract: The Agency is considering changing the existing regulation 40
  
  CFR 262 Subpart H, which regulates transboundary movement of hazardous waste within all countries that are members of the Organization for
  
  Economic Cooperation and Development (OECD). This is in response to the fact that there is now approximately $30-40 billion in annual trade among developed countries in waste recyclables, with the U.S. having a positive trade balance. Because each of the developed countries (the
  
  OECD countries) had a different system for controlling the exports and imports of waste, including recyclables, the international recycling market was not as efficient as it could be. A more streamlined, uniform system for exports and imports will also increase recycling and lessen disposal. The U.S. was actively involved in the negotiation of a legally-binding OECD multilateral agreement to create a more streamlined system. OECD Member countries are then obligated to transfer the terms of the multilateral agreement to their domestic regulations in order for the multilateral agreement to have legal authority. This regulation would be amended to comply with changes passed by the OECD Council. Existing waste lists may be restructured to comply with the new OECD waste lists. As such, previously existing waste lists may be renamed according to adopted OECD terminology.
  
  Shipments of small waste amounts destined for laboratory analysis may be exempted from filing certain paperwork requirements that are otherwise required. A certificate of recovery may be required upon final recovery of wastes and timeframes for recovery operations may be changed to reflect the decisions made by the OECD Council. This needs to have a Federal solution because international exports and imports are overseen at the Federal level due to the foreign powers authority clause. Many alternatives were considered by government and industry during the intensive negotiations on the legally binding multilateral agreement, with the U.S. having a great deal of influence over which alternatives were in the final agreement. The Agency plans to codify the streamlining provisions of the OECD multilateral agreement, regulating exporters and importers of waste recyclables. Exporters and importers of waste recyclables will need to implement the international uniform procedures of the OECD multilateral agreement, however these costs will be less than would be needed to deal with different national export and import systems. In addition, some common existing export and import procedures were streamlined so that the new procedures are even more efficient than was common in the past. The benefits are greater administrative efficiency for U.S. exporters and importers in the international recycling market, and a lower level of waste disposal in the U.S. since there is more efficient access to other recycling markets.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  06/00/07
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: Federal
  
  Additional Information: SAN No. 4606; EPA Docket information: EPA-HQ-
  
  RCRA-2005-0018
  
  Agency Contact: Marc Thomas, Environmental Protection Agency, Solid
  
  Waste and Emergency Response, 5304W, Washington, DC 20460
  
  Phone: 703 308-0023
  
  Fax: 703 308-0514
  
  Email: thomas.marc@epa.gov
  
  Frank McAlister, Environmental Protection Agency, Solid Waste and
  
  Emergency Response, 5304W, Washington, DC 20460
  
  Phone: 703 308-8196
  
  Fax: 703 308-0514
  
  Email: mcalister.frank@epa.gov
  
  RIN: 2050-AE93
263. RCRA SUBTITLE C FINANCIAL TEST CRITERIA (REVISION)
  
  Priority: Other Significant
  
  Legal Authority: 42 USC 6912(a); 42 USC 6924; 42 USC 6925; 42 USC 6926
  
  CFR Citation: 40 CFR 264; 40 CFR 265; 40 CFR 280; 40 CFR 761
  
  Legal Deadline: None
  
  Abstract: EPA's regulations require companies to provide financial assurance for environmental obligations, and allow companies that meet certain requirements to self-insure their environmental obligations for closure, post-closure care and third party liability. EPA proposed a revised financial test because the revised test would be better at predicting which firms will enter bankruptcy and not be able to cover their financial assurance obligations at hazardous waste treatment, storage, and disposal facilities. If such a firm were to enter bankruptcy, the government could incur the clean up liability. EPA's regulations set the minimum national standards for State hazardous waste programs, and so a change in Federal requirements would be necessary to ensure consistent improvements in the test. Without rulemaking, States would have the option of not adopting these changes, and so the improvement in the test would not be implemented in States that cannot have regulations that are more stringent than Federal standards. The proposal considered several alternative financial tests, and the analysis supporting the original proposal found that the savings from the proposed alternative would be $19 million in public and private costs. If EPA promulgates a revised financial test, it may affect companies that treat, store, or dispose of hazardous waste. EPA has suspended work on this rulemaking because it has asked the
  
  Environmental Financial Advisory Board (a Federal advisory committee) to evaluate the financial test proposed in 1991 as one means of complying with the requirements for financial assurance for closure and post-closure under RCRA Subtitle C. Specifically, EPA has asked the
  
  Board, ``Should EPA adopt the financial test proposed in 1991 for hazardous waste, or have advancements in financial analysis provided better potential tests in the
  
  Page 23366
  
  meantime?'' The Agency received a report from the Board in January, 2006 and will evaluate the report before deciding how to proceed with the 1991 proposed rulemaking.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM Original
  
  07/01/91
  
  56 FR 30201
  
  NPRM
  
  10/12/94
  
  59 FR 51523
  
  Final Action
  
  To Be
  
  Determined
  
  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: Dale Ruhter, Environmental Protection Agency, Solid
  
  Waste and Emergency Response, 5303W, Washington, DC 20460
  
  Phone: 703 308-8192
  
  Fax: 703 308-8609
  
  Email: ruhter.dale@epa.gov
  
  RIN: 2050-AC71
264. REVISIONS OF THE LEAD-ACID BATTERY EXPORT NOTIFICATION AND CONSENT
  
  REQUIREMENTS
  
  Priority: Other Significant
  
  Legal Authority: 42 USC 6901 et seq
  
  CFR Citation: 40 CFR Subpart G 266.80 (a)
  
  Legal Deadline: None
  
  Abstract: Currently, generators, transporters, and facilities that reclaim but do not store spent lead-acid batteries are exempt from hazardous waste management requirements, as specified in 40 CFR part 266 subpart G. Spent lead-acid batteries destined for export/ reclamation are not, therefore, subject to RCRA manifesting or export notification and consent requirements specified in 40 CFR part 262.
  
  Allowing the export of spent lead-acid batteries without prior notice and consent of the receiving country is not consistent with widely- accepted international practices. Similarly, the exemption contrasts with more recent Universal Waste requirements in 40 CFR part 262, which require export notice and consent for comparable waste streams. The purpose of this regulation is to modify the spent lead-acid battery exemption to require appropriate notice and consent for those batteries intended for export.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  09/00/07
  
  Regulatory Flexibility Analysis Required: Undetermined
  
  Small Entities Affected: Businesses
  
  Government Levels Affected: Federal
  
  Additional Information: SAN No. 4778;
  
  Agency Contact: Kiana Sarraf, Environmental Protection Agency, Solid
  
  Waste and Emergency Response, 5304W, Washington, DC 22202
  
  Phone: 703 308-8489
  
  Fax: 703 308-0514
  
  Email: sarraf.kiana@epa.gov
  
  Frank McAlister, Environmental Protection Agency, Solid Waste and
  
  Emergency Response, 5304W, Washington, DC 20460
  
  Phone: 703 308-8196
  
  Fax: 703 308-0514
  
  Email: mcalister.frank@epa.gov
  
  RIN: 2050-AF06
265. LAND DISPOSAL RESTRICTIONS: MACROENCAPSULATION OF RADIOACTIVE LEAD
  
  SOLIDS; DEFINITION OF MACROENCAPSULATION
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 42 USC 6905; 42 USC 6912(a); 42 USC 6921; 42 USC 6924
  
  CFR Citation: 40 CFR 268.42
  
  Legal Deadline: None
  
  Abstract: Currently the use of containers is prohibited for the disposal of radioactive lead solids. This necessitates the segregation and separation of radioactive lead solids from other debris. Containers of high density polyethylene (HDPE) can be constructed that provide a resistant barrier to degradation by the wastes and materials into which it may come into contact after disposal.
  
  EPA is developing a proposed rule to remove this container prohibition because macroencapsulation technologies have evolved into suitable disposal nonleachable technologies. We believe these changes in disposal practices will promote more efficient cleanup of contaminated sites by removing a regulatory distinction between radioactive lead solids and other forms of hazardous debris, reduce worker exposures, and promote further advancement in new technologies for disposal. The use of containers are expected to be less costly than extrusion coatings and, therefore, this action would be cost neutral to cost beneficial to the Department of Energy and other generators of radioactive lead solids.
  
  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. 4743; Action is of equivalent regulatory stringency. States and Tribes will not be required to adopt.
  
  Page 23367
  
  Agency Contact: Juan Parra, Environmental Protection Agency, Solid
  
  Waste and Emergency Response, 5302W, Washington, DC 20460
  
  Phone: 703 308-0478
  
  Fax: 703 308-8433
  
  Email: parra.juan@epa.gov
  
  Hugh Davis, Environmental Protection Agency, Solid Waste and Emergency
  
  Response, 5302W, Washington, DC 20460
  
  Phone: 703 306-0206
  
  Fax: 703 308-8433
  
  Email: davis.hugh@epa.gov
  
  RIN: 2050-AF12
266. HAZARDOUS WASTE MANIFEST REVISIONS--STANDARDS AND PROCEDURES FOR
  
  ELECTRONIC MANIFESTS
  
  Priority: Other Significant. Major under 5 USC 801.
  
  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 continuing the development of regulatory standards and procedures that will govern the initiation, signing, transmittal, and retention of hazardous waste manifests using electronic documents and systems. EPA proposed electronic manifest standards in May 2001, as part of a more general manifest revision action that also addressed standardizing the paper manifest form's data elements and procedures for its use across all states. The Manifest
  
  Form Revisions was decoupled from action on the electronic manifest, and the Final Form Revisions Rule was published on March 4, 2005. The
  
  May 2001 proposed rule included: (1) electronic file formats for the manifest data elements; (2) electronic signature options; and (3) computer security controls aimed at ensuring data integrity and reliable systems. Subsequently in May 2004, a stakeholder meeting collected additional stakeholder views on the future direction of the electronic manifest. Based on the record developed for the proposed standards and the additional views from stakeholders at the May 2004 meeting, EPA is considering final action on the proposed standards.
  
  However, since the publication of the proposed rule in 2001, EPA has found that there is a fairly broad consensus in favor of the development of a national e-manifest system by EPA. EPA is now considering the option of developing a national system, but EPA's ability to pursue this option will depend on new funding being authorized or on new authority for EPA to collect user fees.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  05/22/01
  
  66 FR 28240
  
  Notice of Public Meeting
  
  04/01/04
  
  69 FR 17145
  
  Final Action
  
  06/00/07
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: Federal, State
  
  Additional Information: SAN No. 3147.1; Split from RIN 2050-AE21.; EPA
  
  Docket information: EPA-HQ-RCRA-2001-0032
  
  Sectors Affected: 325 Chemical Manufacturing; 2211 Electric Power
  
  Generation, Transmission and Distribution; 332 Fabricated Metal Product
  
  Manufacturing; 2122 Metal Ore Mining; 2111 Oil and Gas Extraction; 326
  
  Plastics and Rubber Products Manufacturing; 331 Primary Metal
  
  Manufacturing; 323 Printing and Related Support Activities; 3221 Pulp,
  
  Paper, and Paperboard Mills; 482 Rail Transportation; 484 Truck
  
  Transportation; 5621 Waste Collection; 56221 Waste Treatment and
  
  Disposal; 483 Water Transportation
  
  URL For More Information: www.epa.gov/epaoswer/hazwaste/gener/manifest/
  
  Agency Contact: Rich LaShier, Environmental Protection Agency, Solid
  
  Waste and Emergency Response, 5304W, Washington, DC 20460
  
  Phone: 703 308-8796
  
  Fax: 703 308-0514
  
  Email: lashier.rich@epamail.epa.gov
  
  Bryan Groce, Environmental Protection Agency, Solid Waste and Emergency
  
  Response, 5304W, Washington, DC 20460
  
  Phone: 703 308-8750
  
  Fax: 703 308-0514
  
  Email: groce.bryan@epamail.epa.gov
  
  RIN: 2050-AG20
267. EXPANDING THE COMPARABLE FUELS EXCLUSION UNDER RCRA
  
  Priority: Other Significant
  
  Legal Authority: RCRA 4004
  
  CFR Citation: 40 CFR 261.38
  
  Legal Deadline: None
  
  Abstract: EPA currently excludes specific industrial wastes, also known as comparable fuels, from the Resource Conservation and Recovery Act
  
  (RCRA) when they are used for energy production and do not contain hazardous constituent levels that exceed those found in a typical benchmark fuel that facilities would otherwise use. Using such wastes as fuel saves energy by reducing the amount of hazardous waste that would otherwise be treated and disposed, promotes energy production from a domestic, renewable source, and reduces use of fossil fuels.
  
  With an interest in supplementing the nation's energy supplies and to ensure that energy sources are managed only to the degree necessary to protect human health and the environment, EPA, as part of the Resource
  
  Conservation Challenge, is examining the effectiveness of the current comparable fuel program and considering whether other industrial wastes could be safely used as fuel as well.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  06/00/07
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: Federal, State
  
  Additional Information: SAN No. 4977;
  
  Agency Contact: Mary Jackson, Environmental Protection Agency, Solid
  
  Waste and Emergency Response, 5302W, Washington, DC 20460
  
  Phone: 703 308-8453
  
  Fax: 703 308-8433
  
  Email: jackson.mary@epa.gov
  
  Hugh Davis, Environmental Protection Agency, Solid Waste and Emergency
  
  Response, 5302W, Washington, DC 20460
  
  Phone: 703 306-0206
  
  Fax: 703 308-8433
  
  Page 23368
  
  Email: davis.hugh@epa.gov
  
  RIN: 2050-AG24
268. NESHAP FOR HAZARDOUS AIR POLLUTANTS FOR
  
  HAZARDOUS WASTE COMBUSTORS
  
  Priority: Other Significant
  
  Legal Authority: 42 USC 6924; 42 USC 6925; 42 USC 7412; 42 USC 7414
  
  CFR Citation: 40 CFR 63; 40 CFR 264; 40 CFR 265; 40 CFR 266; 40 CFR 270
  
  Legal Deadline: None
  
  Abstract: Section 112 of the CAA requires that EPA establish NESHAP for the control of hazardous air pollutants (HAP) for both new and existing major sources. The CAA requires the NESHAP to reflect the maximum degree of reduction in emissions of HAP that is achievable. This level of control is commonly referred to as MACT (for Maximum Achievable
  
  Control Technology). EPA published NESHAP for hazardous waste combustors on April 20, 2004, and we published the final rule on
  
  October 12, 2005. Following promulgation of the hazardous waste combustor final rule, the Administrator received four petitions for reconsideration pursuant to section 307(d)(7)(B) of the Clean Air Act from the Ash Grove Cement Company, the Cement Kiln Recycling Coalition, the Coalition for Responsible Waste Incineration, and the Sierra Club.
  
  Under this section of the CAA, the Administrator is to initiate reconsideration proceedings if the petitioner can show that it was impracticable to raise an objection to a rule within the public comment period or that the grounds for the objection arose after the public comment period. Among these petitions for reconsideration, EPA is being asked to reconsider approximately twenty aspects of the final rule.
  
  This workgroup will engage in a rulemaking process to address those issues for which EPA decides to grant reconsideration.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  03/23/06
  
  71 FR 14665
  
  Administrative Stay
  
  03/23/06
  
  71 R 14655
  
  NPRM
  
  To Be
  
  Determined
  
  Final Action
  
  To Be
  
  Determined
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: Federal, State, Tribal
  
  Additional Information: SAN No. 5047;
  
  Agency Contact: Frank Behan, Environmental Protection Agency, Solid
  
  Waste and Emergency Response, 1200 Pennsylvania Ave, Washington, DC 20460
  
  Phone: 703 308-8476
  
  Fax: 703 308-8433
  
  Email: behan.frank@epamail.epa.gov
  
  RIN: 2050-AG29
  
  Environmental Protection Agency (EPA)
  
  Completed Actions
  
  Resource Conservation and Recovery Act (RCRA)
269. RCRA BURDEN REDUCTION INITIATIVE
  
  Priority: Other Significant
  
  CFR Citation: 40 CFR 261.38; 40 CFR 264.16; 40 CFR 264.52; 40 CFR 264.56; 40 CFR 264.73; 40 CFR 264.98 et seq; 40 CFR 265.16; 40 CFR 265.52; 40 CFR 265.56; 40 CFR 265.73; 40 CFR 265.98 et seq; 40 CFR 266.103; 40 CFR 261.4; 40 CFR 268.7; 40 CFR 268.9
  
  Completed:
  
  Reason
  
  Date
  
  FR Cite
  
  Final Action
  
  04/04/06
  
  71 FR 16862
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: Federal, Local, State, Tribal
  
  Agency Contact: Elaine Eby
  
  Phone: 703 308-8449
  
  Fax: 703 308-8605
  
  Email: eby.elaine@epa.gov
  
  RIN: 2050-AE50
270. FINAL DETERMINATION OF THE APPLICABILITY OF THE TOXICITY
  
  CHARACTERISTIC RULE TO PETROLEUM CONTAMINATED MEDIA AND DEBRIS FROM
  
  UNDERGROUND STORAGE TANKS
  
  Priority: Substantive, Nonsignificant
  
  CFR Citation: 40 CFR 261
  
  Completed:
  
  Reason
  
  Date
  
  FR Cite
  
  Suspended
  
  03/01/06
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: None
  
  Agency Contact: Sammy Ng
  
  Phone: 703 603-7166
  
  Email: ng.sammy@epamail.epa.gov
  
  RIN: 2050-AD69
271. HAZARDOUS WASTE GENERATOR PROGRAM EVALUATION
  
  Priority: Other Significant
  
  CFR Citation: 40 CFR 261; 40 CFR 262
  
  Completed:
  
  Reason
  
  Date
  
  FR Cite
  
  Withdrawn
  
  02/22/06
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: None
  
  Agency Contact: Jim OLeary
  
  Phone: 703 308-8827
  
  Email: oleary.jim@epamail.epa.gov
  
  RIN: 2050-AG25
272. NESHAP FOR HAZARDOUS WASTE COMBUSTORS
  
  (AMENDMENTS)
  
  Priority: Other Significant
  
  Legal Authority: 42 USC 6924 RCRA 3004; 42 USC 6925 RCRA 3005; 42 USC 7412 CAA 112; 42 USC 7414 CAA 114
  
  CFR Citation: 40 CFR 63; 40 CFR 264; 40 CFR 265; 40 CFR 266; 40 CFR 270
  
  Legal Deadline: None
  
  Abstract: EPA issued a rule to clarify the NESHAP for hazardous waste combustors rule signed October 12, 2005. In the October 12, 2005 rule,
  
  EPA inadvertently included three new or
  
  Page 23369
  
  revised bag leak detection system requirements for some hazardous waste combustors--incinerators, cement kilns, and lightweight aggregate kilns--among implementation requirements taking effect on December 12, 2005, rather than the intended compliance date of three years after promulgation--October 14, 2008. The provisions establish more stringent requirements for these hazardous waste combustor sources which cannot readily be complied with on short notice and are inextricably tied to the revised emissions standards (which also take effect in 2008).
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  12/19/05
  
  70 FR 75096
  
  Direct Final Action
  
  12/19/05
  
  70 FR 75042
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: Businesses
  
  Government Levels Affected: Federal, State, Tribal
  
  Additional Information: SAN No. 3333.1; EPA publication information:
  
  Direct Final Action - http://www.epa.gov/fedrgstr/EPA-AIR/2005/
  
  December/Day-19/a24198.htm; Split from RIN 2050-AE01. For information on the Phase I portion of this effort, see SAN 4418, RIN 2050-AE79.;
  
  EPA Docket information: OAR-2004-0022
  
  URL For More Information: www.epa.gov/hwcmact/
  
  Agency Contact: Frank Behan, Environmental Protection Agency, Solid
  
  Waste and Emergency Response, 1200 Pennsylvania Ave, Washington, DC 20460
  
  Phone: 703 308-8476
  
  Fax: 703 308-8433
  
  Email: behan.frank@epamail.epa.gov
  
  Shiva Garg, Environmental Protection Agency, Solid Waste and Emergency
  
  Response, 5302W, Washington, DC 20460
  
  Phone: 703 308-8459
  
  Fax: 703 308-8433
  
  Email: garg.shiva@epa.gov
  
  RIN: 2050-AG30
  
  Environmental Protection Agency (EPA)
  
  Proposed Rule Stage
  
  Oil Pollution Act (OPA)
273. REVISIONS TO THE SPILL PREVENTION, CONTROL, AND COUNTERMEASURE
  
  (SPCC) RULE, 40 CFR PART 112
  
  Priority: Other Significant
  
  Unfunded Mandates: Undetermined
  
  Legal Authority: 33 USC 1321
  
  CFR Citation: 40 CFR 112
  
  Legal Deadline: None
  
  Abstract: EPA will propose to amend 40 CFR part 112, which includes the
  
  Spill Prevention, Control, and Countermeasure (SPCC) rule promulgated under the authority of the Clean Water Act. The proposed rule may include a variety of issues associated with the July 2002 SPCC final rule. Specific decisions on the scope of the rulemaking will be determined after the final rule associated with the Notices of Data
  
  Availability has been completed and in relation to EPA guidance.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  Notice Clarifying Certain Issues05/25/04
  
  69 FR 29728
  
  NPRM 1 yr Compliance Extension 06/17/04
  
  69 FR 34014
  
  Final 18 months Compliance
  
  Extension
  
  08/11/04
  
  69 FR 48794
  
  NODA re certain facilities
  
  09/20/04
  
  69 FR 56184
  
  NODA re oil-filled and process equipment
  
  09/20/04
  
  69 FR 56182
  
  NPRM
  
  03/00/07
  
  Regulatory Flexibility Analysis Required: Undetermined
  
  Government Levels Affected: Federal, State, Local, Tribal
  
  Additional Information: SAN No. 2634.2; Split from RIN 2050-AC62.
  
  Agency Contact: Hugo Fleischman, Environmental Protection Agency, Solid
  
  Waste and Emergency Response, 5104A, Washington, DC 20460
  
  Phone: 202 564-1968
  
  Fax: 202 564-2625
  
  Email: fleischman.hugo@epa.gov
  
  RIN: 2050-AG16
  
  Environmental Protection Agency (EPA)
  
  Final Rule Stage
  
  Oil Pollution Act (OPA)
274. OIL POLLUTION PREVENTION; SPILL PREVENTION, CONTROL, AND
  
  COUNTERMEASURE (SPCC) REQUIREMENTS--AMENDMENTS
  
  Priority: Other Significant
  
  Legal Authority: 33 USC 1321
  
  CFR Citation: 40 CFR 112
  
  Legal Deadline: None
  
  Abstract: On September 20, 2004, the Environmental Protection Agency
  
  (EPA or the Agency) issued two Notices of Data Availability (NODAs) concerning certain facilities and oil-filled and process equipment.
  
  Based on its review of the information received from the NODAs, EPA proposed to amend the Spill Prevention, Control, and Countermeasure
  
  (SPCC) Plan requirements to reduce the regulatory burden for certain facilities by: providing an option that would allow owners/operators of facilities that store less than 10,000 gallons of oil and meet other qualifying criteria to self-certify their SPCC Plans, in lieu of review and certification by a Professional Engineer; providing an alternative to the secondary containment requirement, without requiring a determination of impracticability, for facilities that have certain types of oil-filled equipment; defining and providing an exemption for motive power containers; and exempting airport mobile refuelers from the specifically sized secondary
  
  Page 23370
  
  containment requirements for bulk storage containers. In addition, the
  
  Agency also proposed to remove and reserve certain SPCC requirements for animal fats and vegetable oils and proposed a separate extension of the compliance dates for farms (see 70 FR 73524, December 12, 2005). In proposing these changes, EPA is significantly reducing the burden imposed on the regulated community in complying with the SPCC requirements, while maintaining protection of human health and the environment. EPA has also requested comments on the potential scope of future rulemaking.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NODA re certain facilities
  
  09/20/04
  
  69 FR 56184
  
  NODA re oil-filled and process equipment
  
  09/20/04
  
  69 FR 56182
  
  NPRM
  
  12/12/05
  
  70 FR 73524
  
  Final Action
  
  11/00/06
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: Federal, State, Local, Tribal
  
  Additional Information: SAN No. 2634.3; Split from RIN 2050-AG16.
  
  Agency Contact: Vanessa Rodriguez, Environmental Protection Agency,
  
  Solid Waste and Emergency Response, 5104A, Washington, DC 20460
  
  Phone: 202 564-7913
  
  Fax: 202 564-2625
  
  Email: rodriguez.vanessa@epa.gov
  
  RIN: 2050-AG23
  
  Environmental Protection Agency (EPA)
  
  Completed Actions
  
  Oil Pollution Act (OPA)
275. SPCC--EXTENSION OF COMPLIANCE DATES
  
  Priority: Other Significant. Major under 5 USC 801.
  
  Legal Authority: 33 USC 1321
  
  CFR Citation: 40 CFR 112
  
  Legal Deadline: None
  
  Abstract: EPA is extending the dates by which facilities must prepare or amend Spill Prevention, Control, and Countermeasure Plans (SPCC
  
  Plans), and implement those Plans. This action would allow the Agency time to promulgate revisions to the July 17, 2002 final SPCC rule before owners and operators are required to meet requirements of that rule related to preparing or amending, and implementing SPCC Plans. The compliance dates are being changed from February 17, 2006 to October 31, 2007.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  12/12/05
  
  70 FR 73524
  
  Final Action
  
  02/17/06
  
  71 FR 8462
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: Federal, Local, State, Tribal
  
  Additional Information: SAN No. 2634.4; EPA publication information:
  
  NPRM - http://www.epa.gov/fedrgstr/EPA-WATER/2005/December/Day-12/ w23917.htm; Split from RIN 2050-AG23. Split from RIN 2050-AG16.; EPA
  
  Docket information: EPA-HQ-OPA-2005-0003
  
  Agency Contact: Vanessa Rodriguez, Environmental Protection Agency,
  
  Solid Waste and Emergency Response, 5104A, Washington, DC 20460
  
  Phone: 202 564-7913
  
  Fax: 202 564-2625
  
  Email: rodriguez.vanessa@epa.gov
  
  RIN: 2050-AG28
  
  Environmental Protection Agency (EPA)
  
  Proposed Rule Stage
  
  Comprehensive Environmental Response, Compensation and Liability Act
276. NATIONAL PRIORITIES LIST FOR UNCONTROLLED HAZARDOUS WASTE SITES:
  
  PROPOSED AND FINAL RULES
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 42 USC 9605
  
  CFR Citation: 40 CFR 300.425
  
  Legal Deadline: None
  
  Abstract: This action will revise the sites included on the National
  
  Priorities List (NPL) of uncontrolled waste sites in the National
  
  Contingency Plan (NCP). CERCLA requires that the Agency revise the NPL at least annually. Periodic revisions will allow EPA to include sites on the NPL with known or threatened hazardous substance releases and to delete sites that have been cleaned up.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  Final 20
  
  03/06/98
  
  63 FR 11332
  
  NPRM 24
  
  03/06/98
  
  63 FR 11340
  
  Final 21
  
  07/28/98
  
  63 FR 40182
  
  NPRM 25
  
  07/28/98
  
  63 FR 40247
  
  Final Tex-Tin
  
  09/18/98
  
  63 FR 49855
  
  Final 22
  
  09/29/98
  
  63 FR 51848
  
  NPRM 26
  
  09/29/98
  
  63 FR 51882
  
  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
  
  NPRM Almeda
  
  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
  
  09/17/99
  
  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
  
  NPRM 32
  
  05/11/00
  
  65 FR 30489
  
  Final 29
  
  07/27/00
  
  65 FR 46096
  
  NPRM 33
  
  07/27/00
  
  65 FR 46131
  
  NPRM Alabama/Malone
  
  08/24/00
  
  65 FR 51567
  
  Final 30
  
  12/01/00
  
  65 FR 75179
  
  NPRM 34
  
  12/01/00
  
  65 FR 75215
  
  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 47612
  
  NPRM Libby/Omaha
  
  02/26/02
  
  67 FR 8836
  
  Page 23371
  
  Final adds 19 sites
  
  09/05/02
  
  67 FR 56757
  
  NPRM 38
  
  09/05/02
  
  67 FR 56794
  
  Final Action-
  
  10/24/02
  
  67 FR 65315
  
  Final Action--
  
  04/30/03
  
  68 FR 23077
  
  NPRM 1
  
  04/30/03
  
  68 FR 23094
  
  Final 35 (adds 12 sites)
  
  09/29/03
  
  68 FR 55875
  
  NPRM 40
  
  03/08/04
  
  69 FR 10646
  
  Final 36
  
  07/23/04
  
  69 FR 43755
  
  NPRM-Vieques
  
  08/13/04
  
  69 FR 50115
  
  Final 37
  
  09/23/04
  
  69 FR 56949
  
  NPRM 41
  
  09/23/04
  
  69 FR 56970
  
  Final - Vieques
  
  02/11/05
  
  70 FR 7184
  
  Final 38
  
  04/27/05
  
  70 FR 21644
  
  NPRM 42
  
  04/27/05
  
  70 FR 21718
  
  Final 39
  
  09/14/05
  
  70 FR 54286
  
  NPRM 43
  
  09/14/05
  
  70 FR 54327
  
  Final 40
  
  05/00/06
  
  NPRM-44
  
  05/00/06
  
  Final 41
  
  10/00/06
  
  NPRM 45
  
  10/00/06
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: Federal, Local, State
  
  Additional Information: SAN No. 3439; EPA Docket information: SFUND- 2005-0005
  
  URL For More Information: www.epa.gov/superfund
  
  Agency Contact: Terry Jeng, Environmental Protection Agency, Solid
  
  Waste and Emergency Response, 5204G, Washington, DC 20460
  
  Phone: 703 603-8852
  
  Fax: 703 603-9104
  
  Email: jeng.terry@epa.gov
  
  Victoria Roden, Environmental Protection Agency, Solid Waste and
  
  Emergency Response, 5204G, Washington, DC 20460
  
  Phone: 703 603-8833
  
  Fax: 703 603-9104
  
  Email: vanroden.victoria@epa.gov
  
  RIN: 2050-AD75
277. 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 Plan
  
  (NRP), as required by the Department of Homeland Security. 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 NRP is to provide a common organizational structure and procedures for Federal departments and agencies to provide emergency and disaster assistance to State, tribal, and local governments for incidents of national significance. The NRP was developed by the Department of Homeland Security, in close consultation with federal (including EPA), State, tribal, local governments, first responder organizations, private sector preparedness and relief groups.
  
  Alignment of the NCP with the NRP will facilitate smooth integration of emergency response activities under the NCP with the NRP when both plans are activated. The NRP does not alter the existing authorities of
  
  Federal departments and agencies, but rather, establishes the coordinating structures, processes, and protocols required to integrate the authorities of various agencies into an all-hazard approach to incident management. EPA is making another minor revision to the NCP.
  
  The descriptions of Federal agency capabilities are being updated, and modifications are being made, where appropriate to reflect the new
  
  Department of Homeland Security organization.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  12/00/06
  
  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)
  
  Final Rule Stage
  
  Comprehensive Environmental Response, Compensation and Liability Act
278. REPORTABLE QUANTITY ADJUSTMENTS FOR CARBAMATES AND CARBAMATE-
  
  RELATED HAZARDOUS WASTE STREAMS; REPORTABLE QUANTITY ADJUSTMENT FOR
  
  INORGANIC CHEMICAL MANUFACTURING PROCESS WASTE (K178)
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 42 USC 9602(a); 42 USC 11004
  
  CFR Citation: 40 CFR 302; 40 CFR 355
  
  Legal Deadline: None
  
  Abstract: EPA listed carbamate waste streams and certain inorganic chemical manufacturing process waste as hazardous wastes under the
  
  Resource Conservation and Recovery Act (RCRA). RCRA listed wastes, by statute, automatically become hazardous substances under the
  
  Comprehensive Environmental Response, Compensation, and Liability Act
  
  (CERCLA) and are assigned a one pound statutory reportable quantity
  
  (RQ) until EPA adjusts them. These substances also become subject to reporting requirements under the Emergency Planning and Community
  
  Right-to-Know Act (EPCRA) with a one pound threshold. EPA proposed RQ adjustments for these carbamates and wastes. Most RQ adjustments are greater than one pound. Raising the RQs for these substances will decrease the burden on 1) the regulated community for complying with the reporting requirements under CERCLA
  
  Page 23372
  
  and EPCRA; 2) Federal, State, and local authorities for program implementation; and 3) Federal, State, or local authorities, if they release hazardous substances at the RQ level or greater. In addition, we proposed an RQ adjustment for the inorganic chemical manufacturing process waste (K178)(66 FR 58258, 11/20/01). The comment period for the proposed rule closed February 2, 2004. EPA is in the process of addressing the few comments received and going forward with the final rule.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  12/04/03
  
  68 FR 67916
  
  Final Action
  
  06/00/06
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: None
  
  Additional Information: SAN No. 3423;
  
  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-AE12
279. ADMINISTRATIVE REPORTING EXEMPTION FOR CERTAIN AIR RELEASES OF NOX
  
  Priority: Other Significant
  
  Legal Authority: 42 USC 9603
  
  CFR Citation: 40 CFR 302.6; 40 CFR 355.40
  
  Legal Deadline: None
  
  Abstract: The Agency is considering administratively exempting from reporting requirements the releases of certain NOx emissions to air.
  
  This would eliminate reports from facilities emitting NOx where the
  
  Agency has determined that the releases pose little or no risk or to which a Federal response is infeasible or inappropriate.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  10/04/05
  
  70 FR 57813
  
  Final Action
  
  10/00/06
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: None
  
  Additional Information: SAN No. 4736; EPA publication information: NPRM
  
  - http://www.epa.gov/fedrgstr/EPA-WASTE/2005/October/Day-04/f19872.htm;
  
  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-AF02
  
  Environmental Protection Agency (EPA)
  
  Long-Term Actions
  
  Comprehensive Environmental Response, Compensation and Liability Act
280. CORRECTION OF ERRORS AND ADJUSTMENT OF CERCLA REPORTABLE
  
  QUANTITIES
  
  Priority: Other Significant
  
  Legal Authority: 42 USC 9602 to 9603
  
  CFR Citation: 40 CFR 302 (Revision)
  
  Legal Deadline: None
  
  Abstract: The Agency is considering a proposal for corrections and other changes to 40 CFR 302.4, the Designation of Hazardous Substances.
  
  The proposal may include the correction of entries for individual substances, entries for F-and K- waste streams and entries in Appendix
  
  A of 40 CFR 302.4. Other aspects of the proposal may include additional substances as entries in table 302.4, appendix A to section 302.4, and the table in section 302.6(b)(iii); removal of other entries from these lists; and amendments to certain footnotes that explain entries in table 302.4.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  To Be
  
  Determined
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  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
281. REVISE 40 CFR PART 35 SUBPART O: COOPERATIVE AGREEMENTS AND
  
  SUPERFUND STATE CONTRACTS FOR SUPERFUND RESPONSE ACTIONS
  
  Priority: Other Significant
  
  Legal Authority: 42 USC 9604(a)-(j)
  
  CFR Citation: 40 CFR 35 subpart O
  
  Legal Deadline: None
  
  Abstract: 40 CFR part 35 subpart O prescribes requirements for administering cooperative agreements (CAs) awarded to States, Indian 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 was promulgated on 6/5/1990, and became effective on 7/5/1990. Since then, the
  
  Superfund program has demonstrated several process improvements which are not authorized under the current regulation. For example, the 16
  
  Block Funding Reform pilots established during 1997-2000 generated at least 60 approved requests for deviations from subpart O and 40 CFR part 31. The planned revisions to subpart O will make it possible to use the process innovations tested in the pilot projects without having to obtain deviations. The revised rule will also update cross- references to other regulations which have changed, and eliminate references to obsolete forms and regulations.
  
  Page 23373
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  Interim Final
  
  06/00/07
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: Federal, State, Local, Tribal
  
  Additional Information: SAN No. 4177;
  
  Agency Contact: Angelo Carasea, Environmental Protection Agency, Solid
  
  Waste and Emergency Response, 5204G, Washington, DC 20460
  
  Phone: 703 603-8828
  
  Fax: 703 603-9104
  
  Email: carasea.angelo@epa.gov
  
  Victoria Roden, Environmental Protection Agency, Solid Waste and
  
  Emergency Response, 5204G, Washington, DC 20460
  
  Phone: 703 603-8833
  
  Fax: 703 603-9104
  
  Email: vanroden.victoria@epa.gov
  
  RIN: 2050-AE62
  
  Environmental Protection Agency (EPA)
  
  Completed Actions
  
  Comprehensive Environmental Response, Compensation and Liability Act
282. CRITERIA FOR THE DESIGNATION OF HAZARDOUS SUBSTANCES UNDER CERCLA
  
  SECTION 102(A)
  
  Priority: Other Significant
  
  CFR Citation: 40 CFR 302.4
  
  Completed:
  
  Reason
  
  Date
  
  FR Cite
  
  Withdrawn
  
  02/23/06
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: None
  
  Agency Contact: Lynn Beasley
  
  Phone: 202 564-1965
  
  Fax: 202 564-2625
  
  Email: beasley.lynn@epa.gov
  
  RIN: 2050-AE63
283. STANDARDS AND PRACTICES FOR CONDUCTING ALL APPROPRIATE INQUIRIES
  
  Priority: Other Significant
  
  CFR Citation: 40 CFR 312
  
  Completed:
  
  Reason
  
  Date
  
  FR Cite
  
  NPRM
  
  08/26/04
  
  69 FR 52542
  
  Final Action
  
  11/01/05
  
  70 FR 66070
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: Businesses, Governmental Jurisdictions
  
  Government Levels Affected: Federal, State, Local, Tribal
  
  Agency Contact: Patricia Overmeyer
  
  Phone: 202 566-2774
  
  Fax: 202-566-2757
  
  Email: overmeyer.patricia@epamail.epa.gov
  
  Helen Keplinger
  
  Phone: 202 564-4221
  
  Fax: 202 229-3954
  
  Email: keplinger.helen@epamail.epa.gov
  
  RIN: 2050-AF04
  
  Environmental Protection Agency (EPA)
  
  Proposed Rule Stage
  
  Clean Water Act (CWA)
284. UNIFORM NATIONAL DISCHARGE STANDARDS FOR VESSELS OF THE ARMED
  
  FORCES--PHASE II
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 33 USC 1322; 33 USC 1361
  
  CFR Citation: 40 CFR 1700
  
  Legal Deadline: Final, Statutory, May 10, 2001, -.
  
  Abstract: This action is Phase II of implementing regulations on
  
  Uniform National Discharge Standards for Vessels of the Armed Forces.
  
  In 1996 the Clean Water Act was amended to create section 312(n),
  
  Uniform National Discharge Standards for Vessels of the Armed Forces.
  
  Section 312(n) directs EPA and DOD to work together to provide Armed
  
  Forces vessels with a nationally uniform set of discharge standards, which preempt State discharge standards for these vessels. The purpose of the statute is to allow DOD to plan, design and build environmentally sound vessels, to encourage innovative pollution control technology, and to improve operational flexibility. EPA and DOD jointly promulgated Phase I of these regulations, 40 CFR part 1700, on
  
  May 10, 1999 (64 FR 25126). The Phase I rulemaking concluded that 25 discharges from Armed Forces vessels would require control devices.
  
  Some of these discharges have the potential to introduce oil or other organics into receiving waters (such as bilge water); some have the potential to introduce copper or other metals (such as hull coating leachate); and some have the potential to introduce nonindigenous invasive aquatic species (such as ballast water). Phase II will establish performance standards for control devices for these 25 discharges. The Phase II performance standards will be promulgated in five ``batches.'' Each batch will address several performance standards. Once DOD implements rules for achieving the standards set in
  
  Phase II, covered discharges from Armed Forces vessels will be required to meet these standards, and will not be subject to discharge standards established by States.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  12/00/06
  
  Final Action
  
  04/00/08
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: Federal, State, Local, Tribal
  
  Federalism: This action may have federalism implications as defined in
  
  EO 13132.
  
  Additional Information: SAN No. 4357;
  
  URL For More Information:
  
  Page 23374
  
  http://www.epa.gov/waterscience/rules/unds
  
  Agency Contact: Brian Rappoli, Environmental Protection Agency, Water, 4504T, Washington, DC 20460
  
  Phone: 202 566-1548
  
  Fax: 202 566-1546
  
  Email: rappoli.brian@epa.gov
  
  Jonathan Amson, Environmental Protection Agency, Water, 4504T,
  
  Washington, DC 20460
  
  Phone: 202 566-1276
  
  Fax: 202 566-1546
  
  Email: amson.jonathan@epa.gov
  
  RIN: 2040-AD39
285. CONCENTRATED ANIMAL FEEDING OPERATION RULE
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: CWA 301, 304, 306, 307, 308, 402, 501
  
  CFR Citation: 40 CFR Part 122 and 40 CFR Part 412
  
  Legal Deadline: None
  
  Abstract: This rulemaking is in response to the Second Circuit's
  
  February 28, 2005, decision in Waterkeeper Alliance vs. EPA, which vacated provisions in the Concentrated Animal Feeding Operations (CAFO) rule found at 40 CFR 412. Two vacatures from the case affect the 1) duty that all CAFOs need to apply for an NPDES permit, and 2) provisions that nutrient management plans (NMPs) need only be kept on- site. This proposed rule would remove the duty to apply for all CAFOs and replace it with a requirement for CAFOs to apply for a permit if they discharge or propose to discharge. The proposed rule also would establish a process to address the court's concerns that the information within NMPs be available for public comment, reviewed by the permit authority, and incorporated into the permit. It is EPA's intention to make only those changes necessary to address the issues raised by the court.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  06/00/06
  
  Final Action
  
  06/00/07
  
  Regulatory Flexibility Analysis Required: Undetermined
  
  Government Levels Affected: Federal, State
  
  Additional Information: SAN No. 4996;
  
  Agency Contact: George Utting, Environmental Protection Agency, Water, 1200 Pennsylvania Ave, Washington, DC 20460
  
  Phone: 202 564-0744
  
  Email: utting.george@epa.gov
  
  Gregory Beatty, Environmental Protection Agency, Water, 1200
  
  Pennsylvania Ave, NW, Washington, DC 20460
  
  Phone: 202 564-0724
  
  Email: beatty.gregory@epa.gov
  
  RIN: 2040-AE80
286. WATER TRANSFERS RULE
  
  Priority: Substantive, Nonsignificant
  
  Unfunded Mandates: Undetermined
  
  Legal Authority: Not Yet Determined
  
  CFR Citation: Not Yet Determined
  
  Legal Deadline: None
  
  Abstract: This proposed rulemaking addresses the question of whether the National Pollutant Discharge Elimination System (NPDES) permitting program under section 402 of the Clean Water Act (CWA) is applicable to water control facilities that merely convey or connect navigable waters. For purposes of this proposed action, the term ``water transfer'' refers to any activity that conveys or connects navigable waters (as that term is defined in the CWA) without subjecting the water to intervening industrial, municipal, or commercial use. This proposed rulemaking focuses exclusively on water transfers and is not relevant to whether any other activity is subject to the CWA permitting requirement.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  05/00/06
  
  Final Action
  
  11/00/06
  
  Regulatory Flexibility Analysis Required: Undetermined
  
  Government Levels Affected: State
  
  Additional Information: SAN No. 5040;
  
  Agency Contact: Jeremy Arling, Environmental Protection Agency, Water, 4203M, Washington, DC 20460
  
  Phone: 202 564-2218
  
  Fax: 202 564-6384
  
  Email: arling.jeremy@epa.gov
  
  Ryan Albert, Environmental Protection Agency, Water, 4203M, Washington,
  
  DC 20460
  
  Phone: 202 564-0763
  
  Fax: 202 564-6392
  
  Email: albert.ryan@epa.gov
  
  RIN: 2040-AE86
  
  Environmental Protection Agency (EPA)
  
  Final Rule Stage
  
  Clean Water Act (CWA)
287. TEST PROCEDURES: NEW AND UPDATED TEST PROCEDURES FOR THE ANALYSIS
  
  OF POLLUTANTS UNDER THE CLEAN WATER ACT AND SAFE DRINKING WATER ACT
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 33 USC 1314; 33 USC 1361(a); 42 USC 300f; 42 USC 300g- 1; 42 USC 300j-4; 42 USC 300j-9(a)
  
  CFR Citation: 40 CFR 122; 40 CFR 136; 40 CFR 141
  
  Legal Deadline: None
  
  Abstract: This regulatory action would amend the ``Guidelines
  
  Establishing Test Procedures for the Analysis of Pollutants'' under 40
  
  CFR Part 136 and the National Primary Drinking Water Regulations under 40 CFR part 141 to approve new and updated EPA methods for wastewater, ambient water quality, and drinking water, including new and updated versions of methods from voluntary consensus standards bodies and other organizations. These methods are used to comply with monitoring requirements in the wastewater, ambient water quality and/or drinking water programs, as authorized under the Clean Water Act and Safe
  
  Drinking Water Act. The proposal included new methods for metals, such as Method 200.8 (which utilizes ICP/MS), new methods for chemical pollutants (e.g., Method 245.7), updated methods for chemical pollutants (e.g., Methods 300.1 and 200.7), including methods from voluntary consensus standards bodies, and from other external organizations submitted under EPA's alternate test
  
  Page 23375
  
  procedure program. The new and updated methods include methods from organizations such as the American Society for Testing and Materials,
  
  International Standard Methods, and the Association of Official
  
  Analytical Chemists-International.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  04/06/04
  
  69 FR 18166
  
  NODA
  
  02/16/05
  
  70 FR 7909
  
  Final Action
  
  06/00/06
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: Federal, State, Local, Tribal
  
  Additional Information: SAN No. 4540; EPA publication information: NPRM
  
  - www.epa.gov/fedrgst/EPA-WATER/2004/April/Day-06/w6427.html; This action incorporates the following analytical methods that had previously been tracked independently: 1. RIN 2040-AC95, SAN 3155 -
  
  Test Procedures for the Analysis of Miscellaneous Metals, Anions, and
  
  Volatile Organics Under the Clean Water Act, Phase One 2. RIN 2040-
  
  AD12, SAN 4089 - Test Procedures for the Analysis of Miscellaneous
  
  Metals, Anions, and Volatile Organics Under the Clean Water Act, Phase
  
  Two, and 3. RIN 2040-AD52, SAN 4377 - Test Procedures for the Analysis of Mercury Under the Clean Water Act (Method 245.7).; EPA Docket information: OW-2003-0070
  
  URL For More Information: www.epa.gov/waterscience/methods/
  
  Agency Contact: Meghan Hessenauer, Environmental Protection Agency,
  
  Water, 4303T, Washington, DC 20460
  
  Phone: 202 566-1040
  
  Fax: 202 566-1053
  
  Email: hessenauer.meghan@epa.gov
  
  Marion Kelly, Environmental Protection Agency, Water, 4303T,
  
  Washington, DC 20460
  
  Phone: 202 566-1045
  
  Fax: 202 566-1053
  
  Email: kelly.marion@epamail.epa.gov
  
  RIN: 2040-AD71
288. MINIMIZING ADVERSE ENVIRONMENTAL IMPACT FROM COOLING WATER INTAKE
  
  STRUCTURES AT EXISTING FACILITIES UNDER SECTION 316(B) OF THE CLEAN
  
  WATER ACT, PHASE 3
  
  Priority: Other Significant
  
  Legal Authority: CWA 101, 304, 308, 401, 402, 510
  
  CFR Citation: 40 CFR 9; 40 CFR 122; 40 CFR 123; 40 CFR 124; 40 CFR 125
  
  Legal Deadline: NPRM, Judicial, November 1, 2004.
  
  Final, Judicial, June 1, 2006.
  
  Abstract: This rulemaking will affect existing facilities that use cooling water intake structures, and whose intake flow levels exceed a minimum threshold to be determined by EPA during this rulemaking. The rule would address existing facilities in the following industries if they meet the specified threshold levels: pulp and paper manufacturing facilities; chemicals and allied products manufacturing facilities; petroleum and coal products manufacturing facilities; primary metals manufacturing facilities: and any other existing facility not already subject to Phase 2 regulations. EPA will also consider regulations for certain new offshore facilities not included in the Phase I rule, such as offshore and coastal oil and gas extraction facilities. Section 316(b) of the Clean Water Act provides that any standard established pursuant to sections 301 or 306 of the Clean Water Act and applicable to a point source shall require that the location, design, construction, and capacity of cooling water intake structures reflect the best technology available for minimizing adverse environmental impact. A primary purpose of this action is to minimize the impingement and entrainment of fish and other aquatic organisms by cooling water intake structures. Impingement occurs when fish and other aquatic life are trapped against cooling water intake structures. Entrainment occurs when aquatic organisms, eggs and larvae are drawn into a cooling system and then pumped back out, resulting in significant injury or mortality to the entrained organisms.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  11/24/04
  
  69 FR 68444
  
  NODA
  
  11/25/05
  
  70 FR 71057
  
  Final Action
  
  06/00/06
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: Federal, Local, State, Tribal
  
  Additional Information: SAN No. 4543; EPA publication information: NPRM
  
  - http://www.epa.gov/EPA-WATER/2004/November/Day-24; Split from RIN 2040-AC34.EPA Docket information: OW-2004-0002
  
  Sectors Affected: 312 Beverage and Tobacco Product Manufacturing; 325
  
  Chemical Manufacturing; 61131 Colleges, Universities and Professional
  
  Schools; 334 Computer and Electronic Product Manufacturing; 211111
  
  Crude Petroleum and Natural Gas Extraction; 22111 Electric Power
  
  Generation; 335 Electrical Equipment, Appliance and Component
  
  Manufacturing; 332 Fabricated Metal Product Manufacturing; 311 Food
  
  Manufacturing; 333 Machinery Manufacturing; 21 Mining; 211112 Natural
  
  Gas Liquid Extraction; 327 Nonmetallic Mineral Product Manufacturing; 322 Paper Manufacturing; 324 Petroleum and Coal Products Manufacturing; 326 Plastics and Rubber Products Manufacturing; 331 Primary Metal
  
  Manufacturing; 22133 Steam and Air-Conditioning Supply; 313 Textile
  
  Mills; 336 Transportation Equipment Manufacturing; 321 Wood Product
  
  Manufacturing
  
  URL For More Information: www.epa.gov/waterscience/316b/
  
  Agency Contact: Paul Shriner, Environmental Protection Agency, Water, 4303 T, Washington, DC 20460
  
  Phone: 202 566-1076
  
  Fax: 202 566-1053
  
  Email: shriner.paul@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-AD70
  
  Page 23376
289. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT
  
  REQUIREMENTS FOR PEAK WET WEATHER DISCHARGES FROM MUNICIPAL WASTEWATER
  
  TREATMENT PLANTS SERVING SANITARY SEWER COLLECTION SYSTEMS POLICY
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 33 USC 1311, 1318, 1342, 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. Based on a review of all the information received,
  
  EPA has no intention of finalizing the blending policy as proposed in
  
  November 2003. EPA will continue to review policy and regulatory options to manage this issue and look forward to working with Congress, communities, and citizens on effective and efficient approaches that protect communities and ensure compliance with the Clean Water Act.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  1st Draft Policy
  
  11/07/03
  
  68 FR 63042 2nd Draft Policy
  
  12/22/05
  
  70 FR 76013
  
  Final Policy
  
  10/00/06
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: Local, Tribal
  
  Federalism: Undetermined
  
  Additional Information: SAN No. 4690; EPA publication information: 2nd
  
  Draft Policy - http://www.epa.gov/fedrgstr/EPA-WATER/2005/December/Day- 22/w7696.htm; ; EPA Docket information: EPA-HQ-OW-2005-0523
  
  Sectors Affected: 22132 Sewage Treatment Facilities
  
  URL For More Information: www.epa.gov/npdes
  
  Agency Contact: Kevin Weiss, Environmental Protection Agency, Water, 4203M, Washington, DC 20460
  
  Phone: 202 564-0040
  
  Fax: 202 564-0742
  
  Email: weiss.kevin@epa.gov
  
  Mohammed Billah, Environmental Protection Agency, Water, 4203M,
  
  Washington, DC 20460
  
  Phone: 202 564-0729
  
  Fax: 202 564-0717
  
  Email: billah.mohammed@epamail.epa.gov
  
  RIN: 2040-AD87
290. TEST PROCEDURES FOR THE ANALYSIS OF E. COLI, ENTEROCOCCI, FECAL
  
  COLIFORMS, AND SALMONELLA UNDER THE CLEAN WATER ACT
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 33 USC 1251 et seq; 33 USC 1314(h); 33 USC 1345; 33
  
  USC 1361(a)
  
  CFR Citation: 40 CFR Section 136.3
  
  Legal Deadline: None
  
  Abstract: This regulatory action would amend the ``Guidelines
  
  Establishing Test Procedures for the Analysis of Pollutants'' under 40
  
  CFR Part 136 to approve several microbiological methods for monitoring wastewater and biosolids for use by testing laboratories. The rule will include several analytical methods for monitoring E. coli and
  
  Enterococci in wastewater and several analytical methods for monitoring fecal coliforms and salmonella in biosolids. Test procedures in part 136 must be used in implementing the NPDES program.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  08/16/05
  
  70 FR 48256
  
  Final Action
  
  07/00/06
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: None
  
  Additional Information: SAN No. 4950; EPA publication information: NPRM
  
  - http://www.epa.gov/fedrgstr/EPA-WATER/2005/August/Day-16/w16195.htm;
  
  ; EPA Docket information: OW-2004-0014
  
  URL For More Information: www.epa.gov/waterscience/methods
  
  Agency Contact: Robin Oshiro, Environmental Protection Agency, Water, 1200 Pennsylvania Ave, Washington, DC 20460
  
  Phone: 202 566-1075
  
  Fax: 202 566-1053
  
  Email: oshiro.robin@epamail.epa.gov
  
  RIN: 2040-AE68
291. 2006 EFFLUENT GUIDELINES PROGRAM PLAN
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: CWA 301, 304, 306, 307
  
  CFR Citation: Not Yet Determined
  
  Legal Deadline: Final, Statutory, September 2, 2006.
  
  Abstract: EPA publishes a final Effluent Guidelines Plan every other year after taking comment on a preliminary plan, as required by Section 304(m) of the Clean Water Act. This Federal Register notice presents
  
  EPA's Effluent Guidelines Program Plan for 2006. This notice also discusses EPA's annual review of effluent limitations guidelines and standards undertaken pursuant to sections 304(b), 304(g), and 307(b).
  
  EPA's 2006 Plan will identify guidelines that may be revised or new guidelines that may be developed, and will provide a schedule for such rulemaking.
  
  Page 23377
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  08/29/05
  
  70 FR 51042
  
  Final Plan
  
  09/00/06
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: None
  
  Additional Information: SAN No. 4965; EPA publication information: NPRM
  
  - www.epa.gov/fedrgstr/EPA-WATER/2005/August/Day-29/w17032.htm; ; EPA
  
  Docket information: OW-2004-0032
  
  URL For More Information: www.epa.gov/guide/plan.html
  
  Agency Contact: Carey Johnston, Environmental Protection Agency, Water, 4303T, Washington, DC 20460
  
  Phone: 202 566-1014
  
  Fax: 202 566-1053
  
  Email: johnston.carey@epa.gov
  
  Janet Goodwin, Environmental Protection Agency, Water, 4303T,
  
  Washington, DC 20460
  
  Phone: 202 566-1060
  
  Email: goodwin.janet@epa.gov
  
  RIN: 2040-AE76
292. RULEMAKING ON DIRECT APPLICATION OF PESTICIDES TO WATERS OF THE
  
  UNITED STATES IN COMPLIANCE WITH FIFRA
  
  Priority: Substantive, Nonsignificant
  
  Unfunded Mandates: This action may affect State, local or tribal governments.
  
  Legal Authority: Not Yet Determined
  
  CFR Citation: 40 CFR 122.3
  
  Legal Deadline: None
  
  Abstract: EPA is working to codify its February 1, 2005, proposed rulemaking and interpretive statement entitled ``Application of
  
  Pesticides to Waters of the United States in Compliance with FIFRA.''
  
  The proposed rulemaking and interpretive statement proposed to revise the NPDES permit program regulations to incorporate the substance of the interpretive statement, which clarifies when pesticides are applied to waters of the United States in compliance with FIFRA, an NPDES permit is not required in two circumstances: (1) The application of pesticides directly to waters of the United States in order to control pests. Examples of such applications include applications to control mosquito larvae, aquatic weeds, or other pests that are present in the waters of the United States. (2) The application of pesticides to control pests that are present over waters of the United States, including near such waters, that results in a portion of the pesticides being deposited to waters of the United States; for example, when insecticides are aerially applied to a forest canopy where waters of the United States may be present below the canopy or when pesticides are applied over, including near, water for control of adult mosquitoes or other pests.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  02/01/05
  
  70 FR 5093
  
  Final Action
  
  12/00/06
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: State
  
  Federalism: Undetermined
  
  Additional Information: SAN No. 4995; EPA publication information: NPRM
  
  - http://www.epa.gov/fedrgstr/EPA-WATER/2005/February/Day-01/w1868.htm;
  
  Agency Contact: Virginia Garelick, Environmental Protection Agency,
  
  Water, 4203M, Washington, DC 20460
  
  Phone: 202 564-2316
  
  Fax: 202 564-6384
  
  Email: garelick.virginia@epa.gov
  
  Allison Wiedeman, Environmental Protection Agency, Water, 4203M,
  
  Washington, DC 20460
  
  Phone: 202 564-0901
  
  Fax: 202 564-6384
  
  Email: wiedeman.allison@epa.gov
  
  RIN: 2040-AE79
293. AMENDMENTS TO NPDES REGULATIONS FOR STORM WATER DISCHARGES FROM
  
  OIL/GAS EXPLORATION, PRODUCTION, PROCESSING, OR TREATMENT OPERATIONS, OR
  
  TRANSMISSION FACILITIES
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: CWA 402(p)
  
  CFR Citation: 40 CFR 122.26
  
  Legal Deadline: None
  
  Abstract: On January 6, 2006, EPA published a notice of proposed rulemaking in the Federal Register (71 FR 894) to codify in the
  
  Agency's regulations changes to the Federal Water Pollution Control Act resulting from the Energy Policy Act of 2005. This proposed action would modify National Pollutant Discharge Elimination System regulations to provide that certain storm water discharges from field activities, including construction, associated with oil and gas exploration, production, processing, or treatment operations, or transmission facilities would be exempt from National Pollutant
  
  Discharge Elimination System permit requirements. In this action, EPA would also encourage voluntary application of best management practices for oil and gas field activities and operations to minimize the discharge of pollutants in storm water runoff and protect water quality. After reviewing public comments on the proposed rulemaking,
  
  EPA will promulgate a final rule.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  01/06/06
  
  71 FR 894
  
  Final Action
  
  06/00/06
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: None
  
  Additional Information: SAN No. 4979; EPA publication information: NPRM
  
  - http://www.epa.gov/fedrgstr/EPA-WATER/2006/January/Day-06/w36.htm; ;
  
  EPA Docket information: EPA-HQ-OW-2002-0068
  
  Agency Contact: Jeff Smith, Environmental Protection Agency, Water, 4203M, Washington, DC 20460
  
  Phone: 202 564-0652
  
  Fax: 202 564-6431
  
  Email: smith.jeff@epa.gov
  
  Deborah Nagle, Environmental Protection Agency, Water, 4203M,
  
  Washington, DC 20460
  
  Phone: 202 564-1185
  
  Fax: 202 564-6431
  
  Email: nagle.deborah@epa.gov
  
  RIN: 2040-AE81
  
  Page 23378
  
  Environmental Protection Agency (EPA)
  
  Long-Term Actions
  
  Clean Water Act (CWA)
294. REVISIONS TO THE NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION
  
  CONTINGENCY PLAN; SUBPART J PRODUCT SCHEDULE LISTING REQUIREMENTS
  
  Priority: Other Significant
  
  Legal Authority: 33 USC 1321(d)(2); CWA 311(d)(2)
  
  CFR Citation: 40 CFR 300
  
  Legal Deadline: None
  
  Abstract: This action will propose 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. This rulemaking will propose revisions to subpart J to clarify and change protocols for effectiveness and toxicity testing. It will clarify EPA authority to remove products from the Product Schedule. These changes 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.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  To Be
  
  Determined
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: Businesses
  
  Government Levels Affected: Federal, State
  
  Additional Information: SAN No. 4526;
  
  Sectors Affected: 3251 Basic Chemical Manufacturing; 325 Chemical
  
  Manufacturing; 3259 Other Chemical Product Manufacturing; 54
  
  Professional, Scientific and Technical Services
  
  URL For More Information: www.epa.gov/oilspill
  
  Agency Contact: William Nichols, Environmental Protection Agency, Solid
  
  Waste and Emergency Response, 5104A, Washington, DC 20460
  
  Phone: 202 564-1970
  
  Fax: 202 564-2625
  
  Email: nichols.nick@epa.gov
  
  Leigh DeHaven, Environmental Protection Agency, Solid Waste and
  
  Emergency Response, 5104A, Washington, DC 20460
  
  Phone: 202 564-1974
  
  Fax: 202 564-2625
  
  Email: dehaven.leigh@epa.gov
  
  RIN: 2050-AE87
295. EFFLUENT GUIDELINES AND STANDARDS FOR THE PULP, PAPER, AND
  
  PAPERBOARD POINT SOURCE CATEGORY, DISSOLVING KRAFT AND DISSOLVING
  
  SULFITE SUBCATEGORIES (PHASE III)
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 33 USC 1311; 33 USC 1314; 33 USC 1316; 33 USC 1317; 33
  
  USC 1318; 33 USC 1342; 33 USC 1361
  
  CFR Citation: 40 CFR 430.10 to 430.18; 40 CFR 430.40 to 430.48
  
  Legal Deadline: None
  
  Abstract: On December 17, 1993, EPA proposed revised effluent limitations, guidelines and standards, and best management practices regulations for the Dissolving Kraft and Dissolving Sulfite
  
  Subcategories of the Pulp, Paper, and Paperboard Point Source Category
  
  (40 CFR part 430). EPA refers to this rulemaking as Pulp and Paper
  
  Phase III. EPA is considering the public comments on the proposed rule and the new data acquired since proposal. EPA will consider as part of its effluent guidelines review process under CWA section 304 (b) whether to proceed with the rulemaking or whether assistance to states will more appropriately address any concerns with discharges from these facilities.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  12/17/93
  
  58 FR 66078
  
  Final Action
  
  To Be
  
  Determined
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: Federal, State
  
  Additional Information: SAN No. 4370;
  
  Sectors Affected: 3221 Pulp, Paper, and Paperboard Mills
  
  URL For More Information: http://www.epa.gov/waterscience/pulppaper/reg.html
  
  Agency Contact: Donald Anderson, Environmental Protection Agency,
  
  Water, 4303T, Washington, DC 20460
  
  Phone: 202 566-1021
  
  Fax: 202 566-1053
  
  Email: anderson.donaldf@epamail.epa.gov
  
  Ahmar Siddiqui, Environmental Protection Agency, Water, 4303T,
  
  Washington, DC 20460
  
  Phone: 202 566-1044
  
  Fax: 202 566-1053
  
  Email: siddiqui.ahmar@epamail.epa.gov
  
  RIN: 2040-AD49
296. TEST PROCEDURES FOR THE ANALYSIS OF TRACE METALS UNDER THE CLEAN
  
  WATER ACT
  
  Priority: Substantive, Nonsignificant
  
  Unfunded Mandates: Undetermined
  
  Legal Authority: 33 USC 1314 CWA 304; 33 USC 1361(a) CWA 501 (a)
  
  CFR Citation: 40 CFR 136
  
  Legal Deadline: None
  
  Abstract: This proposal would amend the Guidelines Establishing Test
  
  Procedures for the Analysis of Pollutants under 40 CFR part 136 to approve new EPA methods for the determination of trace metals at EPA's water quality criteria levels. These methods are necessary for the implementation of water quality-based permits under the National
  
  Pollutant Discharge Elimination System (NPDES) of the Clean Water Act.
  
  Water quality-based permits are necessary when technology-based controls do not ensure that a particular water body would meet the
  
  State's water quality standard. Because the methods currently approved under 40 CFR part 136 were designed to support primarily technology- based permitting needs, and because these technology-based levels are as much as 280 times higher than water quality-based criteria for metals, EPA is pursuing approval of new test procedures.
  
  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
  
  Page 23379
  
  Additional Information: SAN No. 3702;
  
  Agency Contact: Robin Oshiro, Environmental Protection Agency, Water, 1200 Pennsylvania Ave, Washington, DC 20460
  
  Phone: 202 566-1075
  
  Fax: 202 566-1053
  
  Email: oshiro.robin@epamail.epa.gov
  
  Richard Reding, Environmental Protection Agency, Water, 4303T,
  
  Washington, DC 20460
  
  Phone: 202 566-2237
  
  Fax: 202 566-1053
  
  Email: reding.richard@epa.gov
  
  RIN: 2040-AC75
297. TEST PROCEDURES: INCREASED METHOD FLEXIBILITY FOR TEST PROCEDURES
  
  APPROVED FOR CLEAN WATER ACT COMPLIANCE MONITORING
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 33 USC 1314 CWA 304; 33 USC 1361(a) CWA 501 (a)
  
  CFR Citation: 40 CFR 136
  
  Legal Deadline: None
  
  Abstract: EPA is considering preparation of a document that would highlight the flexibility already contained in some EPA Methods that are currently approved for Clean Water Act compliance monitoring under 40 CFR part 136, Guidelines Establishing Test Procedures for the
  
  Analysis of Pollutants. These methods typically contain a statement that, in recognition of advances that are occurring in analytical technology, and to allow the analyst to overcome sample matrix interferences, the analyst is permitted certain options to improve separations or lower the costs of measurements. These options include alternate extraction, concentration, cleanup procedures, and changes in columns and detectors. The methods further require the analyst to demonstrate that the method modifications will not adversely affect the quality of data by generating quality control results that meet the specifications contained in the method. Despite this stated flexibility, the Agency has found that many NPDES and pretreatment permitting authorities are not aware of this flexibility when issuing or enforcing NPDES and pretreatment permits. Therefore, this regulatory action will highlight the existing method flexibility and clarify EPA's position regarding its application. This action will also extend this flexibility to other methods currently approved under 40 CFR part 136.
  
  The purpose of extending this flexibility to other methods is to (1) increase consistency between methods, (2) provide for increased recognition of advances in analytical technology, and (3) reduce costs associated with analytical measurements.
  
  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. 3714;
  
  URL For More Information: http://www.epa.gov/waterscience/methods
  
  Agency Contact: Richard Reding, Environmental Protection Agency, Water, 4303T, Washington, DC 20460
  
  Phone: 202 566-2237
  
  Fax: 202 566-1053
  
  Email: reding.richard@epa.gov
  
  RIN: 2040-AC92
298. TEST PROCEDURES: PERFORMANCE-BASED MEASUREMENT SYSTEM (PBMS)
  
  PROCEDURES AND GUIDANCE FOR CLEAN WATER ACT TEST PROCEDURES
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 33 USC 1314; 33 USC 1361(a)
  
  CFR Citation: 40 CFR 136
  
  Legal Deadline: None
  
  Abstract: This action would establish performance-based measurement procedures and guidance for use in Clean Water Act compliance monitoring under 40 CFR part 136, Guidelines Establishing Test
  
  Procedures for the Analysis of Pollutants. The new procedures would also discuss the format, content, quality assurance/quality control, and data validation requirements for use of test methods. It would also describe EPA's planned steps to provide additional information through technical bulletins, and/or guidance documents geared towards clarifying technical and policy issues associated with the use of test methods approved for use in the program.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  03/28/97
  
  62 FR 14975
  
  Final Action
  
  To Be
  
  Determined
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: Federal, State, Local, Tribal
  
  Additional Information: SAN No. 3713; EPA publication information: NPRM
  
  - http://www.epa.gov/fedrgstr/EPA-WATER/1997/March/Day-28/w7221.htm;
  
  Agency Contact: Richard Reding, Environmental Protection Agency, Water, 4303T, Washington, DC 20460
  
  Phone: 202 566-2237
  
  Fax: 202 566-1053
  
  Email: reding.richard@epa.gov
  
  RIN: 2040-AC93
299. TEST PROCEDURES FOR THE ANALYSIS OF CO-PLANAR AND MONO-ORTHO-
  
  SUBSTITUTED POLYCHLORINATED BIPHENYLS (PCBS) UNDER THE CLEAN WATER ACT
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 33 USC 1314; 33 USC 1361(a)
  
  CFR Citation: 40 CFR 136
  
  Legal Deadline: None
  
  Abstract: The proposal would amend the Guidelines Establishing Test
  
  Procedures for the Analysis of Pollutants under 40 CFR parts 136 and 503 to approve EPA Method 1668 for the congener-specific determination of co-planar and mono-ortho-substituted polychlorinated biphenyls
  
  (PCBs) in effluent, ambient water, and sludge. This method is necessary for the implementation of water quality-based permits under the
  
  National Pollutant Discharge Elimination System (NPDES) of the Clean
  
  Water Act. Water quality-based permits are necessary when technology- based controls do not ensure that a particular water body would meet the State's water quality standard. At present there is no EPA analytical method for determination of these PCBs at the levels of concern.
  
  Page 23380
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  To Be
  
  Determined
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: Federal, State, Local, Tribal
  
  Additional Information: SAN No. 4049;
  
  URL For More Information: http://www.epa.gov/waterscience/methods
  
  Agency Contact: Robin Oshiro, Environmental Protection Agency, Water, 1200 Pennsylvania Ave, Washington, DC 20460
  
  Phone: 202 566-1075
  
  Fax: 202 566-1053
  
  Email: oshiro.robin@epamail.epa.gov
  
  Richard Reding, Environmental Protection Agency, Water, 4303T,
  
  Washington, DC 20460
  
  Phone: 202 566-2237
  
  Fax: 202 566-1053
  
  Email: reding.richard@epa.gov
  
  RIN: 2040-AD09
300. NPDES APPLICATIONS REVISIONS
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 33 USC 1311 CWA 301; 33 USC 1312 CWA 302; 33 USC 1314
  
  CWA 304; 33 USC 1316 CWA 306; 33 USC 1318 CWA 308; 33 USC 1342 CWA 402; 33 USC 1361 CWA 501
  
  CFR Citation: 40 CFR 122; 40 CFR 123; 40 CFR 124
  
  Legal Deadline: None
  
  Abstract: EPA plans to revise NPDES requirements in parts 122, 123, and 124 to eliminate redundant regulations, provide clarification, and remove or streamline unnecessary procedures. Revisions under consideration in this rule include modifying and streamlining existing permit application requirements. Other revisions may be considered as work on this rule progresses. This rulemaking is expected to affect entities which implement the NPDES program or are regulated by it. This includes small businesses and State, tribal and local governments. Most of these effects are expected to be deregulatory or streamlining in nature.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  04/00/08
  
  Final Action
  
  04/00/09
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: Federal, Local, State, Tribal
  
  Additional Information: SAN No. 3786;
  
  Agency Contact: Karen Metchis, Environmental Protection Agency, Water, 4203M, Washington, DC 20460
  
  Phone: 202 564-0734
  
  Fax: 202 564-9544
  
  Email: metchis.karen@epamail.epa.gov
  
  Tom Laverty, Environmental Protection Agency, Water, 4203M, Washington,
  
  DC 20460
  
  Phone: 202 564-7974
  
  Fax: 202 564-9544
  
  Email: laverty.tom@epamail.epa.gov
  
  RIN: 2040-AC84
301. 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
  
  Legal Authority: 33 USC 1311 CWA 301; 33 USC 1314 CWA 304; 33 USC 1318
  
  CWA 308; 33 USC 1342 CWA 402; 33 USC 1361 CWA 501(a)
  
  CFR Citation: 40 CFR 122.38; 40 CFR 122.41; 40 CFR 122.42
  
  Legal Deadline: None
  
  Abstract: EPA is considering whether to develop a notice of rulemaking outlining a broad-based regulatory framework for sanitary sewer collection systems under the NPDES program. The Agency is considering proposing standard permit conditions for inclusion in permits for publicly owned treatment works (POTWs) and municipal sanitary sewer collection systems. The standard requirements would address reporting, public notification, and recordkeeping requirements for sanitary sewer overflows (SSOs), capacity assurance, management, operation and maintenance requirements for municipal sanitary sewer collection systems; and a prohibition on SSOs. The Agency is also considering proposing a regulatory framework for applying NPDES permit conditions, including applicable standard permit conditions, to municipal satellite collection systems. Municipal satellite collection systems are sanitary sewers owned or operated by a municipality that conveys wastewater to a
  
  POTW operated by a different municipality.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  09/00/07
  
  Regulatory Flexibility Analysis Required: Undetermined
  
  Small Entities Affected: Governmental Jurisdictions
  
  Government Levels Affected: Local, State, Tribal
  
  Federalism: Undetermined
  
  Additional Information: SAN No. 3999; Note: This rule was formerly known as ``Revisions to NPDES Requirements for Compliance Reporting and
  
  Collection System Discharges.''
  
  Sectors Affected: 22132 Sewage Treatment Facilities
  
  URL For More Information: www.epa.gov/npdes
  
  Agency Contact: Kevin Weiss, Environmental Protection Agency, Water, 4203M, Washington, DC 20460
  
  Phone: 202 564-0040
  
  Fax: 202 564-0742
  
  Email: weiss.kevin@epa.gov
  
  Jennifer Malloy, Environmental Protection Agency, Water, 4203M,
  
  Washington, DC 20460
  
  Phone: 202 564-6392
  
  Fax: 202 564-6392
  
  Email: malloy.jennifer@epa.gov
  
  RIN: 2040-AD02
302. REGULATIONS FOR GRAY AND BLACK WATER DISCHARGES FROM CRUISE SHIPS
  
  OPERATING IN CERTAIN ALASKAN WATERS
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: PL 106-554, sec 1404 to 1407
  
  CFR Citation: Not Yet Determined
  
  Legal Deadline: None
  
  Abstract: Title XIV: Certain Alaska Cruise Ship Operations (HR 4577) authorizes EPA to establish effluent
  
  Page 23381
  
  standards for black and gray water from cruise ships into the waters of
  
  Alaska, the Alexander Archipelago, and the Kachemak Bay National Marine
  
  Estuarine Research Reserve. EPA will develop those 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 will reduce the environmental impacts of cruise ships operating in the waters of Alaska, the Alexander Archipelago, and the Kachemak Bay
  
  National Marine Estuarine Research Reserve.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  12/00/07
  
  Final Action
  
  12/00/08
  
  Regulatory Flexibility Analysis Required: Undetermined
  
  Government Levels Affected: None
  
  Additional Information: SAN No. 4746; This rule was formerly known as
  
  ``Regulations for Cruise Ships Operating in Alaskan Waters''
  
  Sectors Affected: 483114 Coastal and Great Lakes Passenger
  
  Transportation; 483112 Deep Sea Passenger Transportation
  
  Agency Contact: Elizabeth Kim, Environmental Protection Agency, Water, 4504T, Washington, DC 20460
  
  Phone: 202 566-1270
  
  Fax: 202 566-1546
  
  Email: kim.elizabeth@epamail.epa.gov
  
  David Redford, Environmental Protection Agency, Water, 4504T,
  
  Washington, DC 20460
  
  Phone: 202 566-1288
  
  Fax: 202 566-1546
  
  Email: redford.david@epamail.epa.gov
  
  RIN: 2040-AD89
303. EFFLUENT GUIDELINES AND STANDARDS: RECODIFICATION OF VARIOUS
  
  EFFLUENT GUIDELINES
  
  Priority: Info./Admin./Other
  
  Legal Authority: Clean Water Act 301; Clean Water Act 304; Clean Water
  
  Act 306; Clean Water Act 307; Clean Water Act 308; Clean Water Act 402;
  
  Clean Water Act 501
  
  CFR Citation: 40 CFR 401; 40 CFR 419
  
  Legal Deadline: None
  
  Abstract: Several years ago, OW conducted a comprehensive review of effluent guidelines and removed from the Code of Federal Regulations
  
  (CFR) provisions contained in a number of regulations that were obsolete or redundant (FR 60 33926, June 29, 1995). In addition to removing these provisions, EPA's Office of Water identified additional opportunities for further streamlining some of the effluent guidelines.
  
  This action would recodify the effluent limitations and standards for one point source category and the general definitions without making any legally substantive changes in the requirements. The revised and shorter format will enable Federal, State and local regulators and the regulated community to more easily read, understand, and implement the regulations. By reducing the number of pages in title 40, the new format will also afford some long-term savings in the annual cost of printing these regulations. The point source category which would be recodified by this action is Petroleum Refining (part 419). The revisions would also expand the list of general definitions in section 401.11.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  To Be
  
  Determined
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: Federal, Local, State
  
  Additional Information: SAN No. 4822;
  
  Agency Contact: Debra Nicoll, Environmental Protection Agency, Water, 4303T, Washington, DC 20460
  
  Phone: 202 566-1020
  
  Fax: 202 566-1053
  
  Email: nicoll.debra@epa.gov
  
  RIN: 2040-AE61
304. EFFLUENT LIMITATIONS GUIDELINES AND STANDARDS FOR AIRPORT DEICING
  
  OPERATIONS
  
  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: Not Yet Determined
  
  Legal Deadline: None
  
  Abstract: In EPA's 2004 Effluent Guidelines Plan, we announced that we would begin development of a regulation to control the pollutants discharged from airport deicing operations. Based on preliminary study and on public comments, discharges from deicing operations have the potential to cause fish kills, algae blooms, and contamination to surface or ground waters. A likely source of pollutants is aircraft deicing fluid (ADF) 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. Based on preliminary estimates, airports annually discharge approximately 21 million gallons of ADF. Early estimates of potential reductions from treatment technology and from pollution prevention practices indicate that those discharges could be lowered to 4 million gallons. Effluent guidelines for these operations would apply only to wastewaters that are considered point source discharges. Discharges that are non-point sources would not be subject to any potential effluent guidelines.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  12/00/07
  
  Final Action
  
  09/00/09
  
  Regulatory Flexibility Analysis Required: Undetermined
  
  Government Levels Affected: Undetermined
  
  Federalism: Undetermined
  
  Additional Information: SAN No. 4948; EPA Docket information: OW-2004- 0038
  
  URL For More Information: www.epa.gov/waterscience/guide/airport
  
  Agency Contact: Eric Strassler, Environmental Protection Agency, Water, 1200 Pennsylvania Ave, Washington, DC 20460
  
  Phone: 202 566-1026
  
  Fax: 202 566-1053
  
  Email: strassler.eric@epamail.epa.gov
  
  RIN: 2040-AE69
  
  Page 23382
305. EFFLUENT LIMITATIONS GUIDELINES AND STANDARDS FOR DRINKING WATER
  
  SUPPLY AND TREATMENT
  
  Priority: Other Significant. Major status under 5 USC 801 is undetermined.
  
  Unfunded Mandates: Undetermined
  
  Legal Authority: CWA 301, 304, 306, 307, 308, 402, 501
  
  CFR Citation: Not Yet Determined
  
  Legal Deadline: None
  
  Abstract: In EPA's 2004 Effluent Guidelines Plan, we announced that we would begin development of a regulation to control the pollutants discharged from drinking water treatment plants. Based on preliminary study and on public comments, discharges from drinking water facilities have the potential to discharge significant quantities of conventional and toxic pollutants, including metals, chlorine, and salts. Some of the sources of these pollutants are treatment sludges and reverse osmosis reject wastewaters. The preliminary data is not conclusive, and additional study and analysis of treatability is necessary to determine whether pollutant reductions are technologically feasible and economically achievable. The early steps of regulatory development, especially gathering additional discharge data, will be critical to better-informed decisions on how to proceed. EPA is preparing to conduct a study of a representative sample of the industry, along with wastewater sampling of facilities representing different size categories and treatment technologies.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  12/00/07
  
  Final Action
  
  09/00/09
  
  Regulatory Flexibility Analysis Required: Undetermined
  
  Government Levels Affected: Undetermined
  
  Federalism: Undetermined
  
  Additional Information: SAN No. 4949; EPA Docket information: OW-2004- 0035
  
  URL For More Information: http://www.epa.gov/waterscience/guide/dw/index.htm
  
  Agency Contact: Tom Born, Environmental Protection Agency, Water, 4303T, Washington, DC 20460
  
  Phone: 202 566-1001
  
  Fax: 202 566-1054
  
  Email: born.tom@epamail.epa.gov
  
  RIN: 2040-AE74
306. NEW/REVISED AMBIENT WATER QUALITY CRITERIA (AWQC) FOR RECREATIONAL
  
  WATERS
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: CWA 304(a)(9)
  
  CFR Citation: Not Yet Determined
  
  Legal Deadline: Final, Statutory, October 5, 2005.
  
  Abstract: The results of four fresh water (Great Lakes) epidemiology studies and companion rapid fecal indicator validation studies will be analyzed and evaluated whether to be used in establishing the criteria recommended for certain fresh waters designated for primary contact recreation.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  Draft Guidance
  
  To Be
  
  Determined
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: State, Tribal
  
  Additional Information: SAN No. 4967;
  
  Agency Contact: Stephen Schaub, Environmental Protection Agency, Water, 4304T, Washington, DC 20460
  
  Phone: 202 566-1126
  
  Fax: 202 566-1126
  
  Email: stephen.schaub@epa.gov
  
  RIN: 2040-AE77
307. EFFLUENT LIMITATIONS GUIDELINES AND STANDARDS FOR THE VINYL
  
  CHLORIDE AND CHLOR-ALKALI POINT SOURCE CATEGORIES
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 30 USC 1311 et seq.
  
  CFR Citation: 40 CFR 414 (Rev) and 40 CFR 415 (Rev)
  
  Legal Deadline: None
  
  Abstract: EPA is considering possible revision of the existing effluent guidelines and standards for vinyl chloride manufacturing and chlor- alkali manufacturing. Currently, wastewater discharges from vinyl chloride manufacturing are subject to the Organic Chemicals, Plastics, and Synthetic Fibers (OCPSF) Point Source Category (40 CFR Part 414), and wastewater discharges from chlor-alkali manufacturing are subject to the Inorganic Chemicals Point Source Category (40 CFR Part 415).
  
  Based on preliminary study, discharges from vinyl chloride and chlor- alkali manufacturing might contain significant quantities of toxic pollutants, including dioxin, and in the 2004 Effluent Guidelines
  
  Program Plan, EPA identified these two industrial sectors as candidates for possible regulatory revision. In a 2004 study (see Section 6 of http://www.epa.gov/ost/guide/304m/tsd.pdf), EPA found that vinyl chloride and chlor-alkali manufacturing are often located at the same site. The background study includes an industrial profile, a listing of the targeted facilities, information on the manufacturing processes, information on dioxin generation, and limited information on ways to reduce toxic dioxin discharges. Preliminary estimates of the scope of the rulemaking are for 50 to 60 facilities.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  03/00/08
  
  Final Action
  
  03/00/11
  
  Regulatory Flexibility Analysis Required: Undetermined
  
  Small Entities Affected: Businesses
  
  Government Levels Affected: Undetermined
  
  Federalism: Undetermined
  
  Additional Information: SAN No. 4980;
  
  Agency Contact: Samantha Lewis, Environmental Protection Agency, Water, 4303 T, Washington, DC 20460
  
  Phone: 202 566-1058
  
  Fax: 202 566-1053
  
  Email: lewis.samantha@epa.gov
  
  Paul Shriner, Environmental Protection Agency, Water, 4303 T,
  
  Washington, DC 20460
  
  Phone: 202 566-1076
  
  Fax: 202 566-1053
  
  Email: shriner.paul@epa.gov
  
  RIN: 2040-AE82
  
  Page 23383
  
  Environmental Protection Agency (EPA)
  
  Completed Actions
  
  Clean Water Act (CWA)
308. EFFLUENT GUIDELINES FOR THE IRON AND STEEL MANUFACTURING POINT
  
  SOURCE CATEGORY (REVISION)
  
  Priority: Substantive, Nonsignificant
  
  CFR Citation: 40 CFR 420
  
  Completed:
  
  Reason
  
  Date
  
  FR Cite
  
  NPRM
  
  08/10/05
  
  70 FR 46459
  
  Final Action
  
  12/13/05
  
  70 FR 73618
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: None
  
  Agency Contact: Elwood Forsht
  
  Phone: 202 566-1025
  
  Email: forsht.elwood@epamail.epa.gov
  
  RIN: 2040-AE78
309. CONCENTRATED ANIMAL FEEDING OPERATIONS--
  
  COMPLIANCE DATES
  
  Priority: Substantive, Nonsignificant. Major under 5 USC 801.
  
  Legal Authority: CWA 301, 304, 306, 307, 308, 402, 501
  
  CFR Citation: 40 CFR 122 and 40 CFR 412
  
  Legal Deadline: None
  
  Abstract: While EPA is currently making revisions to the 2003 CAFO regulations in light of the 2005 Second Circuit Court of Appeals in
  
  Waterkeeper Alliance et al. v. EPA, 399 F.3d 486, this separate, expedited rule is necessary in order to: 1) ensure that permit application deadlines are subsequent to final rule revisions; and 2) make the permit application and the nutrient management plan (NMP) due dates coincidental in response to the Court's decision. Revisions to other portions of the 2003 CAFO regulations consistent with Court's decisions will appear in a notice of proposed rulemaking planned for publication and public comment in mid 2006. This final rule extends the deadlines established in the 2003 CAFO rule. The 2003 rule requires facilities newly defined as CAFOs, as of April 14, 2003, to seek permit coverage by February 13, 2006, and facilities that have become defined as CAFOs due to operational changes after April 14, 2003, to seek permit coverage by April 13, 2006. This rule extends those deadlines for newly defined CAFOs to July 31, 2007. EPA is also revising the deadline by which CAFOs are required to develop and implement nutrient management plans from December 21, 2006 to July 31, 2007.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  12/21/05
  
  70 FR 75771
  
  Final Action
  
  02/10/06
  
  71 FR 6978
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: None
  
  Additional Information: SAN No. 4996.1; EPA publication information:
  
  NPRM - http://www.epa.gov/fedrgstr/EPA-WATER/2005/December/Day-21/ w24303.htm; Split from RIN 2040-AE80.; EPA Docket information: EPA-HQ-
  
  OW-2005-0036
  
  Agency Contact: George Utting, Environmental Protection Agency, Water, 1200 Pennsylvania Ave, Washington, DC 20460
  
  Phone: 202 564-0744
  
  Email: utting.george@epa.gov
  
  Gregory Beatty, Environmental Protection Agency, Water, 1200
  
  Pennsylvania Ave, NW, Washington, DC 20460
  
  Phone: 202 564-0724
  
  Email: beatty.gregory@epa.gov
  
  RIN: 2040-AE85
  
  Environmental Protection Agency (EPA)
  
  Proposed Rule Stage
  
  Safe Drinking Water Act (SDWA)
310. DRINKING WATER: REGULATORY DETERMINATIONS REGARDING CONTAMINANTS
  
  ON THE SECOND DRINKING WATER CONTAMINANT CANDIDATE LIST
  
  Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined.
  
  Legal Authority: 42 USC 300g-1(b)
  
  CFR Citation: 00 CFR None
  
  Legal Deadline: Other, Statutory, August 6, 2008, SDWA requires regulatory determinations every 5 years. Last round was made in August 2003.
  
  Abstract: The 1996 amendments to the Safe Drinking Water Act (SDWA) require EPA to publish a list of non-regulated contaminants every 5 years, which may warrant regulation due to their health effects and their potential for occurrence in public water systems (PWSs). The first Contaminant Candidate List (CCL), was published in the Federal
  
  Register on March 2, 1998 (63 FR 10247). The second CCL was published on February 22, 2005 (70 FR 9017). In addition to publishing the drinking water CCL, the SDWA also requires the Agency to select five or more contaminants from the second CCL and determine whether to regulate these contaminants with a National Primary Drinking Water Regulation
  
  (NPDWR). In order to make a determination of whether to develop an
  
  NPDWR for a contaminant, the SDWA requires three statutory tests be met: 1) the contaminant may have an adverse effect on the health of persons; 2) the contaminant is known to occur or there is a substantial likelihood that the contaminant will occur in public water systems with a frequency and at levels of public health concern; and 3) in the sole judgment of the Administrator, regulation of the contaminant presents a meaningful opportunity for health risk reduction for persons served by public water systems. Using these three statutory tests to make regulatory decisions, there are three possible outcomes: 1) regulate the contaminant with an NPDWR; 2) develop guidance (e.g., Health or
  
  Consumer Advisory); or 3) determine no action is necessary.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  Preliminary Notice
  
  10/00/06
  
  Final Notice
  
  10/00/07
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: None
  
  Additional Information: SAN No. 4821;
  
  URL For More Information: www.epa.gov/safewater/ccl/index.html
  
  Page 23384
  
  Agency Contact: Wynne Miller, Environmental Protection Agency, Water, 4607M, Washington, DC 20460
  
  Phone: 202 564-4887
  
  Fax: 202 564-3760
  
  Email: miller.wynne@epa.gov
  
  Thomas Carpenter, Environmental Protection Agency, Water, 4607M,
  
  Washington, DC 20460
  
  Phone: 202 564-4885
  
  Fax: 202 564-3760
  
  Email: carpenter.thomas@epa.gov
  
  RIN: 2040-AE60
311. NATIONAL PRIMARY DRINKING WATER REGULATIONS FOR LEAD AND COPPER:
  
  SHORT-TERM REGULATORY REVISIONS AND CLARIFICATIONS
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: SDWA: 42 USC sec 300f et seq
  
  CFR Citation: 40 CFR 141, 40 CFR 142
  
  Legal Deadline: None
  
  Abstract: This action is minor as it makes minor additions and clarifications to an existing regulation. EPA undertook several activities in 2004 to determine whether a national problem exists related to elevated drinking water lead levels comparable to that in the District of Columbia. This evaluation, while it did not reveal a national problem comparable to D.C., highlighted areas for improvement and clarification to the existing lead and copper rule and associated guidance materials. Several short-term actions will be initiated in 2005 and completed during the 2005-2006 time frame. EPA also identified several regulatory changes that will be considered as part of identifying more comprehensive changes to the rule. These considerations are longer-term as they require additional data collection, research, analysis, and stakeholder involvement to support decisions. These longer-term regulatory changes will be examined by a separate workgroup under an additional regulatory action. This action addresses the regulatory revisions to be completed in the 2005-2006 time frame. Regulatory changes to be addressed include clarifications about sample collection; clarifications to definitions for monitoring and compliance periods; modifications regarding public water system notification to their state of treatment changes prior to the change; revisions to language related to criteria for reduced monitoring; revisions to language regarding consideration of lead service line replacement for compliance purposes; revisions to language related to flushing guidance; and additional requirements for consumer notification of lead monitoring results.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  08/00/06
  
  Final Action
  
  08/00/07
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: Governmental Jurisdictions
  
  Government Levels Affected: Local, State
  
  Additional Information: SAN No. 4981;
  
  URL For More Information: http://www.epa.gov/safewater/lcmr/implement.html
  
  Agency Contact: Jeffrey Kempic, Environmental Protection Agency, Water, 4607M, Washington, DC 20460
  
  Phone: 202 564-4880
  
  Email: kempic.jeffrey@epa.gov
  
  RIN: 2040-AE83
  
  Environmental Protection Agency (EPA)
  
  Final Rule Stage
  
  Safe Drinking Water Act (SDWA)
312. NATIONAL PRIMARY DRINKING WATER REGULATIONS: GROUND WATER RULE
  
  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 300 g-1SDWA 1412 (b)(8); 42 USC 300j-4 SDWA 1445
  
  CFR Citation: 40 CFR 141; 40 CFR 142
  
  Legal Deadline: Other, Statutory, August 11, 2006, Settlement agreement.
  
  Abstract: EPA proposed a targeted risk-based regulatory strategy for all public water systems served by ground water in May of 2000. The proposed requirements provide a meaningful opportunity to reduce public health risk for a significant number of people served by ground water sources from the exposure to waterborne pathogens from fecal contamination. The proposed strategy addresses risks through a multiple-barrier approach that relies on five major components: periodic sanitary surveys of ground water systems requiring the evaluation of eight elements and the identification of significant deficiencies; hydrogeologic assessments to identify wells sensitive to fecal contamination; source water monitoring for systems drawing from sensitive wells without treatment or with other indications of risk; a requirement for correction of significant deficiencies and fecal contamination through the following actions: eliminate the source of contamination, correct the significant deficiency, provide an alternative source water, or provide a treatment which achieves at least 99.99 percent (4-log) inactivation or removal of viruses; and compliance monitoring to insure disinfection treatment is reliably operated where it is used. The final rule will establish a risk-based strategy as was described in the proposed (May 2000) rulemaking.
  
  However, the proposed design has been improved in the draft final rule to provide greater flexibility for states and systems implementing the rule.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  05/10/00
  
  65 FR 30194
  
  Final Action
  
  08/00/06
  
  Regulatory Flexibility Analysis Required: Yes
  
  Small Entities Affected: Businesses, Governmental Jurisdictions,
  
  Organizations
  
  Government Levels Affected: Federal, Local, State, Tribal
  
  Additional Information: SAN No. 2340; EPA publication information: NPRM
  
  - http://www.epa.gov/safewater/gwr.html; Statutory deadline for final rule: Not later than the Administrator promulgates a Stage II rulemaking for disinfection byproducts (currently scheduled for July 2005).
  
  Page 23385
  
  Sectors Affected: 22131 Water Supply and Irrigation Systems
  
  URL For More Information: http://www.epa.gov/ogwdw/gwr.html
  
  Agency Contact: Crystal Rodgers, Environmental Protection Agency,
  
  Water, 4607M, Washington, DC 20460
  
  Phone: 202 564-5275
  
  Fax: 202 564-3767
  
  Email: rodgers.crystal@epamail.epa.gov
  
  Tracy Bone, Environmental Protection Agency, Water, 4607M, Washington,
  
  DC 20460
  
  Phone: 202 564-5257
  
  Fax: 202 564-3767
  
  Email: bone.tracy@epa.gov
  
  RIN: 2040-AA97
313. UNREGULATED CONTAMINANT MONITORING REGULATION FOR PUBLIC WATER
  
  SYSTEMS REVISIONS
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 42 USC 300f et seq
  
  CFR Citation: 40 CFR 141.40
  
  Legal Deadline: Final, Statutory, August 6, 2004, 5 years after UCMR 1.
  
  Abstract: The 1996 amendments to the Safe Drinking Water Act require the Agency to publish, every 5 years, a revised listing of the contaminants to be monitored under the UCMR. The purpose of this final action is to meet that requirement by revising the National Primary
  
  Drinking Water Regulations for the UCMR by making minor modifications to the current UCMR program to improve its implementation, to revise the lists of analyses to permit a second round of monitoring, and to approve the analytical methods needed to perform this monitoring.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  08/22/05
  
  70 FR 49093
  
  Final Action
  
  11/00/06
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: Governmental Jurisdictions
  
  Government Levels Affected: Federal, Local, State, Tribal
  
  Additional Information: SAN No. 4770; EPA publication information: NPRM
  
  - http://www.epa.gov/fedrgstr/EPA-WATER/2005/August/Day-22/w16385.htm;
  
  ; EPA Docket information: EPA-HQ-OW-2004-0001
  
  URL For More Information: http://www.epa.gov/ogwdw/ucmr/
  
  Agency Contact: Dave Munch, Environmental Protection Agency, Water, MS 140, Cincinatti, OH 45268
  
  Phone: 513 569-7843
  
  Email: munch.dave@epa.gov
  
  Dan Hautman, Environmental Protection Agency, Water, MS 140,
  
  Cincinatti, OH 45268
  
  Phone: 513 569-7274
  
  Email: hautman.dan@epa.gov
  
  RIN: 2040-AD93
  
  Environmental Protection Agency (EPA)
  
  Long-Term Actions
  
  Safe Drinking Water Act (SDWA)
314. NATIONAL PRIMARY DRINKING WATER REGULATIONS: RADON
  
  Priority: Economically Significant. Major under 5 USC 801.
  
  Unfunded Mandates: This action may affect State, local or tribal governments.
  
  Legal Authority: 42 USC 300f, et seq
  
  CFR Citation: 40 CFR 141; 40 CFR 142
  
  Legal Deadline: Other, Statutory, February 6, 1999, Publish radon health risk reduction and cost analysis.
  
  NPRM, Statutory, August 6, 1999.
  
  Final, Statutory, November 2, 2000.
  
  Abstract: In 1999, EPA proposed regulations for radon which provide flexibility in how to manage the health risks from radon in drinking water. The proposal was based on the unique framework in the 1996 SDWA.
  
  The proposed regulation would provide for either a maximum contaminant level (MCL), or an alternative maximum contaminant level (AMCL) with a multimedia mitigation (MMM) program to address radon in indoor air.
  
  Under the proposal, public water systems in States that adopted qualifying MMM programs would be subject to the AMCL, while those in
  
  States that did not adopt such programs would be subject to the MCL.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  ANPRM
  
  09/30/86
  
  51 FR 34836
  
  NPRM original
  
  07/18/91
  
  56 FR 33050
  
  Notice99
  
  02/26/99
  
  64 FR 9560
  
  NPRM
  
  11/02/99
  
  64 FR 59246
  
  Final Action
  
  01/00/09
  
  Regulatory Flexibility Analysis Required: Yes
  
  Small Entities Affected: Businesses, Governmental Jurisdictions
  
  Government Levels Affected: Federal, Local, State, Tribal
  
  Federalism: This action may have federalism implications as defined in
  
  EO 13132.
  
  Additional Information: SAN No. 2281; EPA publication information: NPRM
  
  - http://www.epa.gov/ogwdw/radon/proposal.html; EPA Docket information:
  
  EPA-HQ-OW-2003-0041
  
  Sectors Affected: 22131 Water Supply and Irrigation Systems
  
  URL For More Information: http://www.epa.gov/ogwdw/radon.html
  
  Agency Contact: Rebeccak Allen, Environmental Protection Agency, Water, 4607M, Washington, DC 20460
  
  Phone: 202 564-4689
  
  Fax: 202 564-3760
  
  Email: allen.rebeccak@epamail.epa.gov
  
  Eric Burneson, Environmental Protection Agency, Water, 4607M,
  
  Washington, DC 20460
  
  Phone: 202 564-5250
  
  Fax: 202 564-3760
  
  Email: burneson.eric@epa.gov
  
  RIN: 2040-AA94
315. NATIONAL PRIMARY DRINKING WATER REGULATIONS: ALDICARB
  
  Priority: Substantive, Nonsignificant
  
  Unfunded Mandates: Undetermined
  
  Legal Authority: 42 USC 300f et seq
  
  CFR Citation: 40 CFR 141; 40 CFR 142
  
  Legal Deadline: None
  
  Abstract: EPA promulgated MCLs for aldicarb, aldicarb sulfoxide, and aldicarb sulfone in the Phase II rulemaking in 1991 at levels of 0.003, 0.004, and 0.002 ug/l, respectively. In response to an administrative petition from the manufacturer Rhone-Poulenc,
  
  Page 23386
  
  the Agency issued an administrative stay of the effective date. EPA will reexamine risk assessment and occurrence data on aldicarb and make a determination of what further action is appropriate.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  To Be
  
  Determined
  
  Regulatory Flexibility Analysis Required: Undetermined
  
  Small Entities Affected: Businesses, Governmental Jurisdictions,
  
  Organizations
  
  Government Levels Affected: Federal, State, Local, Tribal
  
  Federalism: Undetermined
  
  Additional Information: SAN No. 3238;
  
  Sectors Affected: 22131 Water Supply and Irrigation Systems
  
  Agency Contact: Dan Olson, Environmental Protection Agency, Water, 4607M, Washington, DC 20460
  
  Phone: 202 564-5239
  
  Fax: 202 564-3760
  
  Email: olson.daniel@epa.gov
  
  RIN: 2040-AC13
316. NATIONAL SECONDARY DRINKING WATER REGULATIONS (NSDWR): METHYL
  
  TERTIARY BUTYL ETHER (MTBE) AND TECHNICAL CORRECTIONS TO THE NSDWR
  
  Priority: Other Significant
  
  Legal Authority: 42 USC 300f et seq
  
  CFR Citation: 40 CFR 143 (Revision)
  
  Legal Deadline: None
  
  Abstract: Methyl Tertiary Butyl Ether (MTBE) is an automobile fuel additive, introduced in the late 1970s during lead phase-out as an octane enhancer. It has been used in increasing quantity in the 1990s to meet the requirement of the federal Reformulated Gasoline (RFG) and
  
  Oxyfuels programs required by the Clean Air Act Amendments of 1990.
  
  However, MTBE has been detected in ground water and drinking water in a number of States due to leaking underground storage tanks and leaking pipelines. Although most of these detections are at levels well below health concern, MTBE's distinctive turpentine-like taste and odor can be detected at low levels. Presently, the Water program is collecting and analyzing research information on occurrence, health effects, method sensitivity, and treatment effectiveness.
  
  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. 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@epa.gov
  
  RIN: 2040-AD54
317. NATIONAL PRIMARY DRINKING WATER REGULATIONS: REVISIONS TO THE
  
  TOTAL COLIFORM MONITORING AND ANALYTICAL REQUIREMENTS AND ADDITIONAL
  
  DISTRIBUTION SYSTEM REQUIREMENTS
  
  Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined.
  
  Unfunded Mandates: This action may affect State, local or tribal governments and the private sector.
  
  Legal Authority: 42 USC 300f et seq
  
  CFR Citation: 40 CFR 141; 40 CFR 142
  
  Legal Deadline: None
  
  Abstract: EPA is revising the Total Coliform Rule (TCR), which was published in 1989. On July 18, 2003, EPA published a Federal Register
  
  (68FR42907) 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 by adding distribution system requirements. 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.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  06/00/08
  
  Final Action
  
  12/00/10
  
  Regulatory Flexibility Analysis Required: Yes
  
  Small Entities Affected: Businesses, Governmental Jurisdictions
  
  Government Levels Affected: Federal, Local, State, Tribal
  
  Federalism: Undetermined
  
  Additional Information: SAN No. 4775;
  
  URL For More Information: www.epa.gov/safewater/tcr/tcr.html
  
  Agency Contact: Kenneth Rotert, Environmental Protection Agency, Water, 4607M, Washington, DC 20460
  
  Phone: 202 564-5280
  
  Fax: 202 564-3767
  
  Email: rotert.kenneth@epa.gov
  
  Jennifer Mclain, Environmental Protection Agency, Water, 4607M,
  
  Washington, DC 20460
  
  Phone: 202 564-5248
  
  Fax: 202 564-3767
  
  Email: mclain.jennifer@epamail.epa.gov
  
  RIN: 2040-AD94
318. DRINKING WATER CONTAMINANT CANDIDATE LIST 3
  
  Priority: Substantive, Nonsignificant
  
  Legal Authority: 42 USC 300g-1(b)
  
  CFR Citation: 00 CFR None
  
  Legal Deadline: Other, Statutory, February 6, 2008, The 1996 SDWA
  
  Amendments require EPA to publish the third list of candidate contaminants by February 2008. Not a rulemaking.
  
  Abstract: The Safe Drinking Water Act (SDWA) as amended in 1996 requires EPA to publish a list every 5 years of contaminants that are known or anticipated to occur in public water
  
  Page 23387
  
  systems, and which may require regulation under the SDWA. The purpose of this action is to prepare and publish the third Contaminant
  
  Candidate List (CCL). In preparing the third list, EPA will evaluate the classification approach recommended by the National Academy of
  
  Sciences' National Research Council (NRC) and, as applicable, use the
  
  NRC approach to identify and narrow a very broad universe of potential contaminants into a smaller, more focused list for future CCLs. If we identify additional contaminants early in the evaluation process, we may consider those contaminants in the regulatory determinations for 2007.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  09/00/07
  
  Final Action
  
  08/00/09
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: None
  
  Additional Information: SAN No. 4745;
  
  Agency Contact: Thomas Carpenter, Environmental Protection Agency,
  
  Water, 4607M, Washington, DC 20460
  
  Phone: 202 564-4885
  
  Fax: 202 564-3760
  
  Email: carpenter.thomas@epa.gov
  
  Yvette Selby, Environmental Protection Agency, Water, 4607M,
  
  Washington, DC 20460
  
  Phone: 202 564-5245
  
  Fax: 202 564-3760
  
  Email: selby-mohamadu.yvette@epa.gov
  
  RIN: 2040-AD99
319. UNDERGROUND INJECTION CONTROL: UPDATE OF STATE PROGRAMS
  
  Priority: Info./Admin./Other
  
  Legal Authority: 42 USC 300h-1 SDWA 1422; 42 USC 300h-4 SDWA 1425
  
  CFR Citation: 40 CFR 147 (Revision)
  
  Legal Deadline: None
  
  Abstract: EPA provides a place in part 147 of its UIC regulations where all the State UIC programs are summarized. Included in this summarization are all the authorities and regulations used by the
  
  States to implement the UIC program, as well as all other documents that are relevant to the program. The primary reason for this is to provide one place where all the UIC programs nationwide are presented.
  
  A second reason is to allow EPA to incorporate by reference into the
  
  Code of Federal Regulations the State program authorities. Current citations to State regulations in 40 CFR part 147 are out of date for many States. This update is necessary to ensure that the CFR accurately reflects current approved State UIC programs and that elements of those programs are federally enforceable if necessary. EPA Regional Offices will be submitting State revision packages as they are completed. Part 147 will then be updated in several stages. This is the first stage.
  
  This effort should have no impact on the regulated community because we will merely be incorporating by reference elements of already effective
  
  State programs.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  Direct Final Rule
  
  To Be
  
  Determined
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: Federal, State
  
  Additional Information: SAN No. 4236;
  
  Agency Contact: Denny Cruz, Environmental Protection Agency, Water, 4606M, Washington, DC 20460
  
  Phone: 202 564-3879
  
  Fax: 202 564-3756
  
  Email: cruz.denny@epa.gov
  
  Marilyn Ginsberg, Environmental Protection Agency, Water, 4606M,
  
  Washington, DC 20460
  
  Phone: 202 564-3881
  
  Fax: 202 564-3756
  
  Email: ginsberg.marilyn@epa.gov
  
  RIN: 2040-AD40
320. DRINKING WATER REGULATIONS FOR AIRCRAFT PUBLIC WATER SYSTEM
  
  Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined.
  
  Legal Authority: 42 USC 300f et seq
  
  CFR Citation: 40 CFR 141
  
  Legal Deadline: None
  
  Abstract: The action is to tailor drinking water rule requirements to the unique characteristics of aircraft to ensure that the water passengers drink while on an airplane is safe. This action is necessary because aircraft public water systems are very different from traditional public water systems. Aircraft fly to multiple destinations throughout the course of any given day and may board water from different sources along the way. Depending on the quality of the water that is boarded from these multiple sources and the care used to board the water, contamination could be introduced. This increases the vulnerability of the aircraft's water system to contamination when compared to a typical public water system. In the United States water loaded aboard passenger aircraft comes from public water systems. The water provided by public water systems that are regulated by state and federal authorities is among the safest in the world; however, a significant percentage of passenger aircraft travel includes international destinations. These aircraft may board water from foreign sources which are not subject to EPA drinking water standards.
  
  Therefore, this action also will address the boarding of foreign water by U.S. aircraft.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  12/00/07
  
  Final Action
  
  01/00/09
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: Federal
  
  Federalism: Undetermined
  
  Additional Information: SAN No. 4966;
  
  URL For More Information: http://www.epa.gov/safewater/airlinewater/index2.html
  
  Agency Contact: Rick Naylor, Environmental Protection Agency, Water, 4606M, Washington, DC 20460
  
  Phone: 202 564-3847
  
  Fax: 202 564-3847
  
  Email: naylor.richard@epa.gov
  
  RIN: 2040-AE84
  
  Page 23388
  
  Environmental Protection Agency (EPA)
  
  Completed Actions
  
  Safe Drinking Water Act (SDWA)
321. NATIONAL PRIMARY DRINKING WATER REGULATIONS: LONG TERM 2 ENHANCED
  
  SURFACE WATER TREATMENT RULE
  
  Priority: Economically Significant. Major under 5 USC 801.
  
  CFR Citation: 40 CFR 141 to 142; 40 CFR 9
  
  Completed:
  
  Reason
  
  Date
  
  FR Cite
  
  NPRM
  
  08/11/03
  
  68 FR 47639
  
  Final Action
  
  01/05/06
  
  71 FR 654
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: Businesses, Governmental Jurisdictions,
  
  Organizations
  
  Government Levels Affected: Federal, Local, State, Tribal
  
  Federalism: This action may have federalism implications as defined in
  
  EO 13132.
  
  Agency Contact: Dan Schmelling
  
  Phone: 202 564-1781
  
  Fax: 202 564-3767
  
  Email: schmelling.dan@epa.gov
  
  Sean Conley
  
  Phone: 202 564-5281
  
  Fax: 202 564-3767
  
  Email: conley.sean@epa.gov
  
  RIN: 2040-AD37
322. NATIONAL PRIMARY DRINKING WATER REGULATIONS: STAGE 2 DISINFECTION
  
  BYPRODUCTS RULE
  
  Priority: Economically Significant. Major under 5 USC 801.
  
  CFR Citation: 40 CFR 141-142; 40 CFR 9
  
  Completed:
  
  Reason
  
  Date
  
  FR Cite
  
  NPRM
  
  08/18/03
  
  68 FR 49548
  
  Final Action
  
  01/04/06
  
  71 FR 388
  
  Regulatory Flexibility Analysis Required: No
  
  Small Entities Affected: No
  
  Government Levels Affected: Local, State, Tribal
  
  Federalism: This action may have federalism implications as defined in
  
  EO 13132.
  
  Agency Contact: Tom Grubbs
  
  Phone: 202 564-5262
  
  Fax: 202 564-3767
  
  Email: grubbs.thomas@epa.gov
  
  Stig Regli
  
  Phone: 202 564-5270
  
  Fax: 202 564-3767
  
  Email: regli.stig@epa.gov
  
  RIN: 2040-AD38
  
  Environmental Protection Agency (EPA)
  
  Long-Term Actions
  
  Shore Protection Act (SPA)
323. 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 will implement the Shore Protection Act (SPA) and is designed to prevent the deposit of municipal and commercial waste into U.S. Coastal Waters. This rule establishes minimum waste handling practices for vessels and waste handling facilities involved in the transport of municipal or commercial wastes in the coastal waters of the United States. The rule may require certain vessels and waste handling facilities to develop an operation and maintenance manual that identifies procedures to prevent, report, and clean up deposits of waste into coastal waters. Local governments and businesses involved with the vessel transportation and shore side handling of these wastes would be affected by this rule. Currently no tribes are known to be involved in waste handling of this type; therefore none would be affected by this rule. With regard to small businesses, EPA has provided guidance on development of operation and maintenance manuals and encourages the use and documentation of existing industry practices that meet or exceed the EPA proposed minimum waste handling standards.
  
  All indications are that this regulation as proposed would have a minimal economic impact. This regulation will result in reduction of municipal and commercial wastes deposited in coastal waters.
  
  Timetable:
  
  Action
  
  Date
  
  FR Cite
  
  NPRM
  
  08/30/94
  
  59 FR 44798
  
  Final Action
  
  To Be
  
  Determined
  
  Regulatory Flexibility Analysis Required: No
  
  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
  
  FR Doc. 06-2943 Filed 04-21-06; 8:45 am
  
  BILLING CODE 6560-50-S

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Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.

Subscribers are able to see the revised versions of legislation with amendments.

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Over 100 Countries

Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
Thousands of Data Sources

Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
Find What You Need, Quickly

Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
Over 2 million registered users

Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.

Subscribers are able to see any amendments made to the case.

You can sign up for a trial and make the most of our service including these benefits.

Request your trial

Why Sign-up to vLex?

Over 100 Countries

Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
Thousands of Data Sources

Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
Find What You Need, Quickly

Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
Over 2 million registered users

Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.

Subscribers are able to see a visualisation of a case and its relationships to other cases. An alternative to lists of cases, the Precedent Map makes it easier to establish which ones may be of most relevance to your research and prioritise further reading. You also get a useful overview of how the case was received.

Request your trial

Why Sign-up to vLex?

Over 100 Countries

Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
Thousands of Data Sources

Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
Find What You Need, Quickly

Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
Over 2 million registered users

Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.

Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found.

You can sign up for a trial and make the most of our service including these benefits.

Request your trial

Why Sign-up to vLex?

Over 100 Countries

Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
Thousands of Data Sources

Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
Find What You Need, Quickly

Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
Over 2 million registered users

Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.

Air programs: state authority delegations: Semi-annual agenda

You can sign up for a trial and make the most of our service including these benefits.

Why Sign-up to vLex?

Over 100 Countries

Thousands of Data Sources

Find What You Need, Quickly

Over 2 million registered users

You can sign up for a trial and make the most of our service including these benefits.

Why Sign-up to vLex?

Over 100 Countries

Thousands of Data Sources

Find What You Need, Quickly

Over 2 million registered users

You can sign up for a trial and make the most of our service including these benefits.

Why Sign-up to vLex?

Over 100 Countries

Thousands of Data Sources

Find What You Need, Quickly

Over 2 million registered users

You can sign up for a trial and make the most of our service including these benefits.

Why Sign-up to vLex?

Over 100 Countries

Thousands of Data Sources

Find What You Need, Quickly

Over 2 million registered users

You can sign up for a trial and make the most of our service including these benefits.

Why Sign-up to vLex?

Over 100 Countries

Thousands of Data Sources

Find What You Need, Quickly

Over 2 million registered users

Why Sign-up to vLex?

Over 100 Countries

Thousands of Data Sources

Find What You Need, Quickly

Over 2 million registered users

You can sign up for a trial and make the most of our service including these benefits.

Why Sign-up to vLex?

Over 100 Countries

Thousands of Data Sources

Find What You Need, Quickly

Over 2 million registered users