Air programs: state authority delegations: Semi-annual agenda

 
CONTENT

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

  1. What Are EPA's Regulatory Goals and What Key Principles, Statutes, and Executive Orders Inform Our Rule and Policymaking Process?

  2. How Can You Be Involved in EPA's Rule and Policymaking Process?

  3. What Actions Are Included in the Agenda and What is the Relationship between the Agenda and Regulatory Plan?

  4. How Is the Agenda Organized?

  5. What Information Is in Agenda Entries?

  6. How Can You Find Out More About EPA Rulemakings?

  7. What Special Attention Do We Give to the Impacts of Rules on Small

    Businesses, Small Governments, and Small Nonprofit Organizations?

  8. Thank You for Collaborating with Us

  9. 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.

  10. 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.

  11. 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.

  12. 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.

  13. 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

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    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.

  14. 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.

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    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.

  15. 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.

  16. 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

    Page 23231

    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