Air pollutants, hazardous; national emission standards: Semi-annual agenda
October 31,2005 (Volume 70, Number 209)
Unified Agenda
From the Federal Register Online via GPO Access [frwais.access.gpo.gov]
DOCID: f:ua051024.wais
Page 65206-65357
Environmental Protection Agency
Part XXIV
Semiannual Regulatory Agenda
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ENVIRONMENTAL PROTECTION AGENCY (EPA)
ENVIRONMENTAL PROTECTION AGENCY (EPA) 40 CFR Ch. I
FRL 7971-7
Fall 2005 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
Rule 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 single copies 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
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What Are EPA's Regulatory Goals and What Key Principles, Statutes, and Executive Orders Inform Our Rule and Policymaking Process?
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How Can You Be Involved in EPA's Rule and Policy Making Process?
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What Actions Are Included in the Agenda and What is the Relationship between the Agenda and Regulatory Plan?
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How Is the Agenda Organized?
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What Information Is in Agenda Entries?
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How Can You Find Out More About EPA Rulemakings?
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What Special Attention Do We Give to the Impacts of Rules on Small
Businesses, Small Governments, and Small Nonprofit Organizations?
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Thank You for Collaborating with Us
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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. To achieve this objective and ensure that our decisions are cost-effective and fully protective, 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 decision makers 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. Research, testing and adoption of new environmental protection methods are also a central tenet in environmental problem solving. The integration of all 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 our new 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.
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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. 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 individual citizens, but with that power comes responsibility. We urge you to become involved in EPA's rule and policymaking process.
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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. 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.
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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:
Decision documents defining and establishing registration standards; decision documents and termination decisions for the Special Review
Registration process; and data call-in requests made under section 3(c)(2)(B).
Under the Federal Food, Drug, and Cosmetic Act: Actions regarding pesticide tolerances and food additive regulations, including the tolerance reassessment process.
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.
There is no legal significance to the omission of an item from the Agenda.
The Regulatory Plan, which is required by EO 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.
EPA's and other agencies' Regulatory Plans are published together in part 2 of the Federal Register on the same day that the
Regulatory Agenda is published. To save money we do not include detailed information on actions that are included in the Plan in the Regulatory Agenda itself; rather, we cross-reference the Plan entries.
To Find the Regulatory Plan:
EPA's FY06 Regulatory Plan is located in part 2 of this issue of the Federal Register. Within a day or two of publication, on- line versions will be located at http://www.epa.gov/REGAGENDA and at http://ciir.cs.umass.edu/ua/Fall2005/regplan/ENVIRONMENTAL--
PROTECTION--AGENCY--(EPA).html
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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 cross-cutting 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 October 2006. 5. Completed Action - This section contains actions that have been promulgated and published in the Federal Register since publication of the spring 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.
Third, by the Regulation Identifier Number (RIN) that is assigned when an action first appears in the Agenda. The RIN has two parts: The first part corresponds to the lead subagency within
EPA (e.g.2040 stands for the Office of Water, 2060 for the Office of Air and Radiation); the second part corresponds to the order in which actions were added to the agenda.
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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 (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,
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``economically significant'' and ``other significant.''
Economically Significant: Under Executive Order 12866, a rulemaking action that may have an annual effect on the economy of $100 million or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities.
Other Significant: A rulemaking that is not economically significant but is considered significant for other reasons. This category includes rules that may: 1. Create a serious inconsistency or otherwise interfere with an action taken or planned by another agency; 2. Materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients; or 3. Raise novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles in Executive Order 12866.
Substantive, Nonsignificant: A rulemaking that has substantive impacts but is neither Significant, nor Routine and Frequent, nor
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 EO 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 Regulatory
Flexibility Act (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 Executive Order 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: http://docket.epa.gov/ edkpub/index.jsp. Once there, to get into the edocket for a particular rule you will need the edocket identification number. We include this number in the additional information section of Agenda entries that have already been proposed. EDOCKET, EPA's electronic public docket and comment system, will be replaced by an enhanced Federal-wide electronic docket management and comment system located at www.regulations.gov.
When that occurs, you should be redirected to that site to access the docket and submit comments. Follow the on-line instructions to access this docket and submit comments.
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.
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How Can You Find Out More About EPA Rulemakings? 1. Public Dockets
When EPA publishes either an advance notice of proposed rulemaking or a notice of proposed rulemaking in the Federal
Register, the Agency may establish an official docket to accumulate materials throughout the development process for that rulemaking.
The official docket serves as the repository for the collection of
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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. 3. 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 Regulatory Flexibility Act 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 Executive Order 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 collections 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.
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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 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.
The Regulatory Flexibility Act (RFA) section 610 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). There is one rule for which we are conducting a section 610 review this year, 2050-AG26; Docket
No. OAR-2005-0166; Accidental Release Prevention Requirements: Risk
Management Programs Under the Clean Air Act, Section 112(r) (7)
(Section 610 Review). We undertake section 610 reviews to decide whether we should continue the rule unchanged, amend it, or withdraw it. We announce our forthcoming section 610 reviews in the
``Prerule'' section of the Agenda. We encourage small entities to provide comments on the need to change this rule. We will consider all of your comments as we decide whether to continue, amend, or withdraw this rule. We particularly encourage comments by small entities about how this rule could be made clearer, more effective, or remove conflicting or overlapping requirements with other
Federal or State regulations.
EPA has established an official public docket for each of our 610 Reviews. The official public docket is the collection of materials that is available for public viewing at the docket facility. An electronic version of the public docket is available through EPA's electronic public docket and comment system as described below. You may use EPA Dockets at http://www.epa.gov/ edocket to submit or view public comments, access the index listing of the contents of the official public docket, and to access those documents in the public docket that are available electronically.
Once in the system, select ``search,'' then key in the appropriate docket ID number.
Certain types of information will not be placed in EPA's electronic public docket. Information claimed as confidential business information (CBI) and other information whose disclosure is restricted by statute, which is not included in the official public docket, will not be available for public viewing in EPA's electronic public docket. EPA's policy is that copyrighted material will
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not be placed in EPA's electronic public docket but will be available only in printed, paper form in the official public docket. To the extent feasible, publicly available docket materials will be made available in EPA's electronic public docket. Although not all docket materials may be available electronically, you may still access any of the publicly available docket materials through the docket facility identified above. EPA intends to work towards providing electronic access to all of the publicly available docket materials through EPA's electronic public docket.
Unless otherwise indicated, please direct your comments to the identified Docket ID number for the specific 610 Review item. For these 610 Reviews, please DO NOT submit CBI or information that is otherwise protected by statute. You may submit comments electronically, by mail, or through hand delivery/courier using one of the following methods: 1. Electronically. If you submit an electronic comment as prescribed below, EPA recommends that you include your name, mailing address, and an e-mail address or other contact information in the body of your comment. Also include this contact information on the outside of any disk or CD ROM you submit, and in any cover letter accompanying the disk or CD ROM. This ensures that you can be identified as the submitter of the comment and allows EPA to contact you in case EPA cannot read your comment due to technical difficulties or needs further information on the substance of your comment. EPA's policy is that EPA will not edit your comment, and any identifying or contact information provided in the body of a comment will be included as part of the comment that is placed in the official public docket, and made available in EPA's electronic public docket. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. i. Agency Website. Your use of EPA's electronic public docket to submit comments to EPA electronically is EPA's preferred method for receiving comments. Go directly to EPA Dockets at http://epa.gov/edocket, and follow the online instructions for submitting comments. Once in the system, select ``search,'' and then key in the appropriate Docket ID number. The system is an ``anonymous access'' system, which means EPA will not know your identity, e-mail address, or other contact information unless you provide it in the body of your comment. Note that EPA Dockets will be replaced by an enhanced Federal-wide electronic docket management and comment system located at www.regulations.gov. When that occurs, you should be redirected to that site to access the docket and submit comments. Follow the on-line instructions to access the relevant docket and submit comments. ii. Disk or CD ROM. You may submit comments on a disk or CD ROM that you mail to the mailing address identified below. These electronic submissions will be accepted in MS Word, WordPerfect or ASCII file format. Avoid the use of special characters and any form of encryption. iii. Federal eRulemaking Portal: http://www.regulations.gov. Follow the on-line instructions for submitting comments. 2. By Mail. Send your comments, identified by the appropriate Docket ID number, to: EPA Docket Center (EPA/DC), Environmental Protection
Agency, Mailcode: 28221, 1200 Pennsylvania Avenue NW., Washington, DC, 20460 3. By Hand Delivery or Courier. Deliver your comments, identified by the appropriate Docket ID number, to: EPA Docket Center (EPA/DC), EPA
West, Room B102, 1301 Constitution Avenue NW., Washington, DC. The EPA
Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is (202) 566-1742. Such deliveries are only accepted during the Docket's normal hours of operation as identified below. For public commenters, it is important to note that EPA's policy is that public comments, whether submitted electronically or on paper, will be made available for public viewing in EPA's electronic public docket as EPA receives them and without change, unless the comment contains copyrighted material, CBI, or other information whose disclosure is restricted by statute. When EPA identifies a comment containing copyrighted material, EPA will provide a reference to that material in the version of the comment that is placed in EPA's electronic public docket. The entire printed comment, including the copyrighted material, will be available in the public docket. Public comments submitted on computer disks that are mailed or delivered to the docket will be transferred to EPA's electronic public docket.
Public comments that are mailed or delivered to the docket will be scanned and placed in EPA's electronic public docket. Where practical, physical objects will be photographed, and the photograph will be placed in EPA's electronic public docket along with a brief description written by the docket staff. Please ensure that your comments are submitted within the specified comment period. Comments received after the close of the comment period will be marked ``late.'' EPA is not required to consider these late comments. For these actions, please DO
NOT submit CBI or information that is otherwise protected by statute.
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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: October 18, 2005.
Louise P. Wise,
Deputy Associate Administrator, Office of Policy, Economics, and
Innovation.
GENERAL--Proposed Rule Stage
Regulation
Sequence
Title
Identifier
Number
Number
3012
SAN No. 4292 Proposed Revision to EPA's Implementing NEPA Regulations................. 2020-AA42
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3013
SAN No. 4319 Revisions to Acquisition Regulation Concerning Conflict of Interest...... 2030-AA67 3014
SAN No. 4904 Security Requirements for Toxic Substances Control Act Confidential
2030-AA88
Business Information Access for Contractors........................................... 3015
SAN No. 4903 Award Term Contracting................................................... 2030-AA89 3016
SAN No. 4931 Accessibility Standards for Contract Deliverables (508).................. 2030-AA90 3017
SAN No. 4964 Amendment of the Standards for Radioactive Waste Disposal in Yucca
2060-AN15
Mountain, Nevada (Reg Plan Seq No. 108)............................................... 3018
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)....................................
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.
GENERAL--Final Rule Stage
Regulation
Sequence
Title
Identifier
Number
Number
3019
SAN No. 3580 Incorporation of Class Deviations Into EPAAR............................. 2030-AA37 3020
SAN No. 4056 Utilization of Small, Minority and Women's Business Enterprises in
2020-AA39
Procurement Under Assistance Agreements............................................... 3021
SAN No. 4270 Cross-Media Electronic Reporting (ER) and Recordkeeping Rule (CROMERRR).. 2025-AA07 3022
SAN No. 4693 Privacy Act Regulations (Revised)........................................ 2025-AA13 3023
SAN No. 4813 Miscellaneous Revisions to EPAAR Clauses................................. 2030-AA84 3024
SAN No. 3671 Guidelines for Carcinogen Risk Assessment................................ 2080-AA06 3025
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
3026
SAN No. 3240 Public Information and Confidentiality Regulations....................... 2025-AA02
GENERAL--Completed Actions
Regulation
Sequence
Title
Identifier
Number
Number
3027
SAN No. 4925 Technical Amendments to the Federal Policy for the Protection of Human
2080-AA11
Subjects..............................................................................
CLEAN AIR ACT (CAA)--Prerule Stage
Regulation
Sequence
Title
Identifier
Number
Number
3028
SAN No. 5018 Accidental Release Prevention Requirements: Risk Management Programs
2050-AG26
Under the Clean Air Act, Section 112(r)(7) (Section 610 Review)....................... 3029
SAN No. 4759 Revision to Policy on Control of Volatile Organic Compounds (VOC)........ 2060-AK75 3030
SAN No. 4856 Protection of Stratospheric Ozone: Amendments to the Section 608 Leak
2060-AM09
Repair Regulations.................................................................... 3031
SAN No. 5009 Advance Notice for Information on Determining the Emissions Reductions
2060-AN42
Achieved From Limiting the VOC Content of Architectural Coatings...................... 3032
SAN No. 5020 Action on Petition To List Diesel Exhaust as a Hazardous Air Pollutant... 2060-AN49
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CLEAN AIR ACT (CAA)--Proposed Rule Stage
Regulation
Sequence
Title
Identifier
Number
Number
3033
SAN No. 4255 Review of the National Ambient Air Quality Standards for Particulate
2060-AI44
Matter (Reg Plan Seq No. 100)......................................................... 3034
SAN No. 4531 Evaluation of Updated Test Procedures for the Certification of Gasoline
2060-AJ61
Deposit Control Additives............................................................. 3035
SAN No. 3649 Amendments to Method 24 (Water-Based Coatings)........................... 2060-AF72 3036
SAN No. 4070 General Conformity Regulations; Revisions................................ 2060-AH93 3037
SAN No. 3975 Review of New Sources and Modifications in Indian Country................ 2060-AH37 3038
SAN No. 4752 Clean Air Fine Particle Implementation Rule (Reg Plan Seq No. 102)....... 2060-AK74 3039
SAN No. 4119 Performance Specification 16--Specifications and Test Procedures for
2060-AH84
Predictive Emission Monitoring Systems in Stationary Sources.......................... 3040
SAN No. 4478 Standards of Performance for New Stationary Sources: Municipal Solid
2060-AJ41
Waste Landfills: Amendment............................................................ 3041
SAN No. 4585 Portland Cement Manufacturing Industry NESHAP: Amendment To Implement
2060-AJ78
Court Remand.......................................................................... 3042
SAN No. 4654 NESHAP: Ethylene Oxide for Sterilization Facilities--Residual Risk
2060-AK09
Standards............................................................................. 3043
SAN No. 4655 NESHAP: Gasoline Distribution (Stage I) Residual Risk and MACT Standards
2060-AK10
Review................................................................................ 3044
SAN No. 4660 NESHAP: Industrial Process Cooling Towers Residual Risk Standards........ 2060-AK16 3045
SAN No. 4662 NESHAP: Perchloroethylene Dry Cleaning Facilities Residual Risk Standards 2060-AK18 3046
SAN No. 4668 NESHAP: Halogenated Solvent Cleaning--Residual Risk Standards............ 2060-AK22 3047
SAN No. 4669 NESHAP: Magnetic Tape Manufacturing Operations Residual Risk Standard.... 2060-AK23 3048
SAN No. 4659 NESHAP: Hazardous Organic NESHAP (HON) Residual Risk Standards........... 2060-AK14 3049
SAN No. 4309 National VOC Emission Standards for Consumer Products; Amendments........ 2060-AI62 3050
SAN No. 4748 Control of Hazardous Air Pollutants From Mobile Sources (Reg Plan Seq No. 2060-AK70 101).................................................................................. 3051
SAN No. 4599 Protection of Stratospheric Ozone: Listing of Substitutes for Ozone-
2060-AK26
Depleting Substances: N-Propyl Bromide................................................ 3052
SAN No. 4697 Protection of Stratospheric Ozone: Adjusting Allowances for Class I
2060-AK45
Substances for Export to Article 5 Countries.......................................... 3053
SAN No. 4542 Federal Implementation Plan (FIP) for the Billings/Laurel, Montana Sulfur 2008-AA00
Dioxide (SO2) Area.................................................................... 3054
SAN No. 4421 Ambient Air Quality Monitoring Regulations: Revisions.................... 2060-AJ25 3055
SAN No. 4570 Control of Air Pollution From Motor Vehicles and Engines: Alternative Low- 2060-AJ72
Sulfur Highway Diesel Fuel Transition Program for Alaska.............................. 3056
SAN No. 4584 Performance Specifications for Continuous Parameter Monitoring Systems... 2060-AJ86 3057
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...................................................................... 3058
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.................................................................... 3059
SAN No. 4793 Prevention of Significant Deterioration (PSD) and Nonattainment New
2060-AL75
Source Review (NSR): Allowables Plantwide Applicability Limit (PAL), Aggregation, and
Debottlenecking (Reg Plan Seq No. 103)................................................ 3060
SAN No. 4796 Section 126 Rule: Withdrawal of Findings for Sources in Michigan......... 2060-AL83 3061
SAN No. 4804 Protection of Stratospheric Ozone; Allowance System for Controlling HCFC
2060-AL90
Production, Import and Export; Correction............................................. 3062
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 and In-
Use, Not-To-Exceed Emission Standard Test............................................. 3063
SAN No. 4829 5-Year Review of MACT Standards for Large MWC............................ 2060-AL97 3064
SAN No. 4830 Alternative Work Practice for Leak Detection and Repair.................. 2060-AL98 3065
SAN No. 4871 Control of Emissions From New Locomotives and New Marine Diesel Engines
2060-AM06
Less Than 30 Liters Per Cylinder (Reg Plan Seq No. 104)............................... 3066
SAN No. 4846 NESHAP: Municipal Solid Waste Landfills--Amendments...................... 2060-AM08 3067
SAN No. 4859 NESHAP: Area Source Standards--Ethylene Oxide Hospital Sterilization..... 2060-AM14 3068
SAN No. 4849 Petition To Delist a Hazardous Air Pollutant From Section 112 of the
2060-AM20
Clean Air Act: Methyl Isobutyl Ketone (MIBK).......................................... 3069
SAN No. 4848 NESHAP: Total Facility Low Risk Determination (TFLRD) for Residual Risk.. 2060-AM22 3070
SAN No. 4867 NESHAP: Hydrochloric Acid Production Amendments.......................... 2060-AM25 3071
SAN No. 4853 Requirements for Transmix Processing and Blending Under the Reformulated
2060-AM27
Gasoline and Gasoline Sulfur Rules.................................................... 3072
SAN No. 4864 NESHAP: Surface Coating of Metal Cans--Technical Amendments.............. 2060-AM28 3073
SAN No. 4866 NESHAP: Site Remediation; Amendments..................................... 2060-AM30 3074
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.....
Page 65213
3075
SAN No. 4882 Control of Emissions from Spark-Ignition Engines and Fuel Systems from
2060-AM34
Marine Vessels and Small Equipment (Reg Plan Seq No. 105)............................. 3076
SAN No. 4891 National Emission Standards for Hazardous Air Pollutants: Miscellaneous
2060-AM43
Organic Chemical Manufacturing; Amendments............................................ 3077
SAN No. 4885 Flexible Air Permit Rule................................................. 2060-AM45 3078
SAN No. 4905 National Volatile Organic Compound Emission Standards for Architectural
2060-AM47
Coatings--Amendments.................................................................. 3079
SAN No. 4899 Control of Ultra Low Sulfur Diesel Fuel Lubricity: Notice of Proposed
2060-AM48
Rulemaking............................................................................ 3080
SAN No. 4916 Protection of Stratospheric Ozone; Refrigerant Recycling; Certification
2060-AM49 of Recovery and Recovery/Recycling Equipment Intended for Use With Substitute
Refrigerants.......................................................................... 3081
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.. 3082
SAN No. 4901 Protection of Stratospheric Ozone: Modifications to the Technician
2060-AM55
Certification Requirements Under Section 608 of the Clean Air Act..................... 3083
SAN No. 4676 Prevention of Significant Deterioration (PSD) and Nonattainment New
2060-AM62
Source Review (NSR): Routine Maintenance, Repair, and Replacement (RMRR); Maintenance and Repair Amendments................................................................. 3084
SAN No. 4908 NESHAP: General Provisions--Amendments................................... 2060-AM75 3085
SAN No. 4909 NESHAP: Integrated Iron and Steel; Amendments............................ 2060-AM76 3086
SAN No. 4910 NESHAP: Organic Liquid Distribution--Amendments.......................... 2060-AM77 3087
SAN No. 4915 Standards of Performance for Stationary Spark Ignited Internal Combustion 2060-AM81
Engines............................................................................... 3088
SAN No. 4926 NESHAP: Defense Land Systems and Miscellaneous Equipment................. 2060-AM84 3089
SAN No. 4927 NESHAP: Iron and Steel Foundries; Amendments............................. 2060-AM85 3090
SAN No. 4940 Prevention of Significant Deterioration (PSD) and Nonattainment New
2060-AM91
Source Review (NSR): Reconsideration of Inclusion of Fugitive Emissions............... 3091
SAN No. 4941 Amendments to Compliance Certification Requirements for State and Federal 2060-AM92
Operating Permits Programs; Correction................................................ 3092
SAN No. 4699 Implementing Periodic Monitoring in Federal and State Operating Permit
2060-AN00
Programs (Reg Plan Seq No. 106)....................................................... 3093
SAN No. 4757 Component Durability Procedures for New Light Duty Vehicles, Light Duty
2060-AN01
Trucks and Heavy Duty Vehicles........................................................ 3094
SAN No. 4955 NESHAP: Plastic Parts and Products (Surface Coating)--Area Source Rule... 2060-AN08 3095
SAN No. 4958 National Emission Standards for Hazardous Air Pollutants: Surface Coating 2060-AN10 of Automobiles and Light-Duty Trucks; Amendments...................................... 3096
SAN No. 4959 Protection of Stratospheric Ozone: Listing of Substitutes for Ozone-
2060-AN11
Depleting Substances in Foam Blowing.................................................. 3097
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............................................................................. 3098
SAN No. 4962 Fuel Economy Labeling of Motor Vehicles: Revisions to Improve Calculation 2060-AN14 of Fuel Economy Estimates (Reg Plan Seq No. 107)...................................... 3099
SAN No. 4969 Revisions to the Continuous Emissions Monitoring Rule for the Acid Rain
2060-AN16
Program and the NOx Budget Trading Program............................................ 3100
SAN No. 4972 Protection of Stratospheric Ozone: The 2006 Critical Use Exemption Rule
2060-AN18
From the Phaseout of Methyl Bromide................................................... 3101
SAN No. 4951 Revisions to Air Emissions Reporting Requirements........................ 2060-AN20 3102
SAN No. 4978 NESHAP: Autobody Refinishing--Area Source Rule........................... 2060-AN21 3103
SAN No. 5008 Review of the National Ambient Air Quality Standards for Ozone (Reg Plan
2060-AN24
Seq No. 109).......................................................................... 3104
SAN No. 4625 Implementation Rule for 8-Hour Ozone NAAQS: Reconsideration; Overwhelming 2060-AN26
Transport Classification.............................................................. 3105
SAN No. 4794 Prevention of Significant Deterioration and Nonattainment New Source
2060-AN28
Review: Alternative Applicability Test for Electric Generating Units (Reg Plan Seq No. 110).................................................................................. 3106
SAN No. 4986 Protection of Stratospheric Ozone: Allocation of Essential Use Allowances 2060-AN29 for Calendar Year 2006................................................................ 3107
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.... 3108
SAN No. 4987 Industrial, Commercial, and Institutional Boiler and Process Heater
2060-AN32
NESHAP, Amendment..................................................................... 3109
SAN No. 4988 National Emission Standards for Hazardous Air Pollutants: Polyvinyl
2060-AN33
Chloride and Copolymers Production, Amendments........................................ 3110
SAN No. 5010 Air Quality: Revision to Definition of Volatile Organic Compounds--
2060-AN34
Exclusion of HFE-7300................................................................. 3111
SAN No. 4910 NESHAP: Organic Liquid Distribution (Non-Gasoline); Amendments........... 2060-AN37 3112
SAN No. 4989 NESHAP: Secondary Aluminum Production - Amendments....................... 2060-AN38 3113
SAN No. 4993 Optional Chassis Certification for Diesel Vehicles....................... 2060-AN39
Page 65214
3114
SAN No. 4998 Air Quality Data Affected by Exceptional, Natural, and International
2060-AN40
Events................................................................................ 3115
SAN No. 5011 Federal Plan Requirements for Other Solid Waste Incineration Units
2060-AN43
Constructed On or Before December 9, 2004............................................. 3116
SAN No. 5024 Renewable Fuel Standards Requirements for 2006 (Reg Plan Seq No. 111).... 2060-AN51
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.
CLEAN AIR ACT (CAA)--Final Rule Stage
Regulation
Sequence
Title
Identifier
Number
Number
3117
SAN No. 4768 Amendment to Subparts H and I for Emissions of Radionuclides Other Than
2060-AK81
Radon From DOE Facilities............................................................. 3118
SAN No. 3470 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.................................................. 3119
SAN No. 3751 NSPS and Emission Guidelines for Other Solid Waste Incinerators.......... 2060-AG31 3120
SAN No. 2915 Methods for Measurement of Visible Emissions--Addition of Methods 203A,
2060-AF83 203B, and 203C to Appendix M of Part 51............................................... 3121
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.................................. 3122
SAN No. 3380 NSPS: SOCMI--Wastewater and Amendment to Appendix C of Part 63 and
2060-AE94
Appendix J of Part 60................................................................. 3123
SAN No. 3958 Amendments to Standard of Performance for New Stationary Sources;
2060-AH23
Monitoring Requirements (40 CFR Part 60, Appendix F, Procedure 3)..................... 3124
SAN No. 4161 Update of Continuous Instrumental Test Methods........................... 2060-AK61 3125
SAN No. 4310 NESHAP: Printing and Publishing Industry; Amendments..................... 2060-AI66 3126
SAN No. 4313 Petitions To Delist Hazardous Air Pollutants: MEK........................ 2060-AI72 3127
SAN No. 4713 NESHAP for Primary Aluminum Reduction Plants; Amendments................. 2060-AK50 3128
SAN No. 4719 NESHAP: General Provisions; Amendments for Pollution Prevention
2060-AK54
Alternative Compliance Requirements................................................... 3129
SAN No. 4689 Section 126 Rule Withdrawal Provision.................................... 2060-AK41 3130
SAN No. 3910 Streamlined Evaporative Test Procedures.................................. 2060-AH34 3131
SAN No. 4604 Modification of the Anti-Dumping Baseline Date Cut-Off Limit for Data
2060-AJ82
Used in Development of an Individual Baseline......................................... 3132
SAN No. 4757 Emissions Durability Procedures for New Light-Duty Vehicles and Light-
2060-AK76
Duty Trucks........................................................................... 3133
SAN No. 4631 Adoption of the Amended International NOx Standard for Aircraft Engines.. 2060-AK01 3134
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................................... 3135
SAN No. 4634 Regulation of Fuel and Fuel Additives: Extension of California
2060-AK04
Enforcement Exemptions for Reformulated Gasoline to California Phase 3 Gasoline....... 3136
SAN No. 4557 Amendments to the Requirements on Variability in the Composition of
2060-AK62
Additives Certified Under the Gasoline Deposit Control Program........................ 3137
SAN No. 4706 Anti-Dumping Baseline Recalculation for Downstream Oxygenate Addition.... 2060-AK69 3138
SAN No. 4854 Amendments to Vehicle Inspection and Maintenance Program Requirements To
2060-AM21
Address New 8-Hour Ozone Standard..................................................... 3139
SAN No. 4857 Fire Suppression and Explosion Protection Listing Under SNAP............. 2060-AM24 3140
SAN No. 4868 Exemption of Certain Area Sources From Federal and State Operating Permit 2060-AM31
Programs.............................................................................. 3141
SAN No. 4881 Prevention of Significant Deterioration for Nitrogen Oxides.............. 2060-AM33 3142
SAN No. 4895 Regulation of Fuel and Fuel Additives: Gasoline and Diesel Test Methods.. 2060-AM42 3143
SAN No. 4900 Protection of Stratospheric Ozone: Import Petitioning Requirements for
2060-AM46
Halon-1301 Aircraft Fire Extinguishing Vessels........................................ 3144
SAN No. 4894 Protection of Stratospheric Ozone: Extension of the Laboratory and
2060-AM56
Analytical Use Exemption for Essential Class I Ozone Depleting Substances............. 3145
SAN No. 3259 Nonattainment Major New Source Review (NSR).............................. 2060-AM59 3146
SAN No. 4890 National Emission Standards for Hazardous Air Pollutants: Miscellaneous
2060-AM72
Coating Manufacturing; Amendment...................................................... 3147
SAN No. 4911 NESHAP: Plywood and Composite Wood Products; Amendments.................. 2060-AM78 3148
SAN No. 4912 New Source Performance Standards (NSPS) for Stationary Combustion
2060-AM79
Turbines..............................................................................
Page 65215
3149
SAN No. 4913 New Source Performance Standards (NSPS) for Electric Utility Steam
2060-AM80
Generating Units and Industrial and Commercial Boilers................................ 3150
SAN No. 4914 Standards of Performance for Stationary Compression Ignition Internal
2060-AM82
Combustion Engines.................................................................... 3151
SAN No. 4930 Regulation of Fuels and Fuel Additives: Refiner and Importer Quality
2060-AM88
Assurance Requirements for Downstream Oxygenate Blending.............................. 3152
SAN No. 4934 Part 63 General Provisions--Response to Petition To Reconsider........... 2060-AM89 3153
SAN No. 4937 NESHAP for Refractory Products Manufacturing--Amendments................. 2060-AM90 3154
SAN No. 4325 NESHAP: Brick and Structural Clay Products Manufacturing; Reconsideration 2060-AM94 3155
SAN No. 4794 Inclusion of Delaware and New Jersey in the Clean Air Interstate Rule
2060-AM95
(Reg Plan Seq No. 119)................................................................ 3156
SAN No. 3837 NESHAP: Industrial, Commercial, and Institutional Boilers and Process
2060-AM97
Heaters; Reconsideration Notice....................................................... 3157
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.............. 3158
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 (Reg Plan Seq No. 120)........................... 3159
SAN No. 4811 PM 2.5 and PM 10 Hot-Spot Analyses in Transportation Conformity Rule
2060-AN02
Amendments............................................................................ 3160
SAN No. 4911 NESHAP: Plywood and Composite Wood Products; List of Hazardous Air
2060-AN05
Pollutants, Lesser Quantity Designations, Source Category List; Reconsideration....... 3161
SAN No. 4970 Small Municipal Waste Combustor New Source Performance Standards and
2060-AN17
Emission Guidelines Amendments........................................................ 3162
Regional Haze Regulations; Revisions to Provisions Governing Alternative to Source-
2060-AN22
Specific Best Available Retrofit Technology (BART) Determinations (Reg Plan Seq No. 121).................................................................................. 3163
SAN No. 4625 Implementation Rule for 8-Hour Ozone NAAQS - Phase 2 (Reg Plan Seq No.
2060-AN23 122).................................................................................. 3164
SAN No. 4994 Commercial and Industrial Solid Waste Incinerators NSPS and EG:
2060-AN31
Definitions........................................................................... 3165
SAN No. 5001 Revisions to Motor Vehicle Diesel Fuel Sulfur Transition Provisions...... 2060-AN41 3166
SAN No. 5017 Protection of Stratospheric Ozone: Amending Requirements To Import Used
2060-AN48
Ozone-Depleting Substances for Destruction in the U.S.................................
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.
CLEAN AIR ACT (CAA)--Long-Term Actions
Regulation
Sequence
Title
Identifier
Number
Number
3167
SAN No. 4315 Source-Specific Federal Implementation Plan for Navajo Generating
2009-AA00
Station; Navajo Nation................................................................ 3168
SAN No. 3569 Source-Specific Federal Implementation Plan for Navajo Generating
2009-AA01
Station; Four Corners Power Plant..................................................... 3169
SAN No. 4695 NESHAP: Off-Site Waste and Recovery Operations Residual Risk Standard.... 2060-AK68 3170
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................................................................... 3171
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....... 3172
SAN No. 4266 Review National Ambient Air Quality Standards for Carbon Monoxide........ 2060-AI43 3173
SAN No. 1002 NAAQS: Sulfur Dioxide (Response to Remand)............................... 2060-AA61 3174
SAN No. 3939 NESHAP: Group I Polymers and Resins and Group IV Polymers and Resins--
2060-AH47
Amendments............................................................................ 3175
SAN No. 3919 Prevention of Significant Deterioration of Air Quality: Permit
2060-AH01
Application Review Procedures for Non-Federal Class I Areas........................... 3176
SAN No. 4653 NESHAP: Aerospace Manufacturing and Rework Facilities Residual Risk
2060-AK08
Standards............................................................................. 3177
SAN No. 4657 NESHAP: Group II Polymers and Resins--Residual Risk Standards............ 2060-AK13 3178
SAN No. 4661 NESHAP: National Emission Standards for Marine Tank Vessel Loading
2060-AK17
Operations--Residual Risk Standard.................................................... 3179
SAN No. 4665 NESHAP: Secondary Lead Smelting Residual Risk Standards.................. 2060-AK19 3180
SAN No. 4666 NESHAP: Shipbuilding and Ship Repair Surface Coating--Residual Risk
2060-AK20
Standards............................................................................. 3181
SAN No. 4667 NESHAP: Wood Furniture Manufacturing Operations--Residual Risk Standards. 2060-AK21 3182
SAN No. 4664 NESHAP: Printing and Publishing Industry--Residual Risk Standards........ 2060-AK24 3183
SAN No. 4663 NESHAP: Petroleum Refineries--Residual Risk Standards.................... 2060-AK25
Page 65216
3184
SAN No. 4750 National Emission Standards for Chromium Emissions From Hard and
2060-AK72
Decorative Chromium Electroplating and Chromium Anodizing Tanks--Residual Risk
Standards............................................................................. 3185
SAN No. 4751 National Emission Standards for Hazardous Air Pollutants for Stationary
2060-AK73
Combustion Turbines-Petition To Delist................................................ 3186
SAN No. 4782 Petition To Delist Hazardous Air Pollutant : 4,4'-Methylene Diphenyl
2060-AK84
Diisocyanate.......................................................................... 3187
SAN No. 4656 NESHAP: Group I Polymers and Resins--Residual Risk Standards............. 2060-AK12 3188
SAN No. 4658 NESHAP: Group IV Polymers and Resins--Residual Risk Standards............ 2060-AK15 3189
SAN 4383. Interstate Ozone Transport: Rulemaking on Section 126 Petitions From the
2060-AI99
District of Columbia, Delaware, Maryland, and New Jersey.............................. 3190
SAN No. 2665 Importation of Nonconforming Vehicles; Amendments to Regulations......... 2060-AI03 3191
SAN No. 4700 Selection of Sequence of Mandatory Sanctions To Be Applied Pursuant to
2060-AK46
Section 502 of the Clean Air Act...................................................... 3192
SAN No. 3263 Performance Warranty and Inspection/Maintenance Test Procedures.......... 2060-AE20 3193
SAN No. 3262 Inspection/Maintenance Recall Requirements............................... 2060-AE22 3194
SAN No. 3917 Transportation Conformity Rule Amendment: Clarification of Trading
2060-AH31
Provisions............................................................................ 3195
SAN No. 4348 Inspection/Maintenance Program Requirements for Federal Facilities;
2060-AI97
Amendment............................................................................. 3196
SAN No. 4722 California Gasoline Technical Correction................................. 2060-AK56 3197
SAN No. 4783 Voluntary Superior Monitoring............................................ 2060-AK85 3198
SAN No. 4797 Lifting the Stay of the Eight-Hour Portion of the Findings of Significant 2060-AL84
Contribution and Rulemaking for Purposes of Reducing Interstate Ozone Transport (``NOx
SIP Call'')........................................................................... 3199
SAN 4798. Deferral of Effective Date of Nonattainment Designations for 8-hour Ozone
2060-AL85
National Ambient Air Quality Standards for Early Action Compact Areas................. 3200
SAN No. 4799 Consideration of Industry Petition To Remove the two-piece Can
2060-AL86
Subcategory From the Clean Air Act Hazardous Air Pollutant Source Category List....... 3201
SAN No. 4810 NESHAP: Ferroalloys Production: Ferromanganese and Silicomanganese
2060-AL93
Residual Risk Standards............................................................... 3202
SAN No. 4819 Protection of Stratospheric Ozone: Process for Exempting Emergency Uses
2060-AL94 of Methyl Bromide..................................................................... 3203
SAN No. 4825 Mineral Wool Production Residual Risk Standard........................... 2060-AL96 3204
SAN No. 4831 NESHAP for Flexible Polyurethane Foam Production: Residual Risk Standards 2060-AL99 3205
SAN No. 4832 NESHAP: Pharmaceuticals Production: Residual Risk Standards.............. 2060-AM00 3206
SAN No. 4861 NESHAP: Area Source Standards--Paint Stripping........................... 2060-AM07 3207
SAN No. 4873 NESHAP: Area Source Standards--Glass Manufacturing Industry.............. 2060-AM12 3208
SAN No. 4860 NESHAP: Area Source Standards--Acrylic/ Modacrylic Fiber (AMF) Production 2060-AM13 3209
SAN No. 4851 Protection of Stratospheric Ozone: Restriction on the Sales of Pre-
2060-AM15
Charged Split Systems................................................................. 3210
SAN No. 4875 NESHAP: Oil and Natural Gas Production Facilities--Area Source Rule...... 2060-AM16 3211
SAN No. 4847 NESHAP: Oil and Natural Gas Production Residual Risk Standards........... 2060-AM18 3212
SAN No. 4874 NESHAP: Area Source Standards--Industrial Inorganic Chemicals
2060-AM19
Manufacturing......................................................................... 3213
SAN No. 4865 Strategy for Addressing Air Emissions From Animal Feeding Operations..... 2060-AM26 3214
SAN No. 4879 Area Source National Emission Standards for Hazardous Air Pollutants
2060-AM36
(NESHAP) for Iron and Steel Foundries................................................. 3215
SAN No. 4886 NESHAP: Area Source Standards--Plating and Polishing..................... 2060-AM37 3216
SAN No. 4884 Area Source National Emission Standards for Hazardous Air Pollutants
2060-AM44
(NESHAP) for Industrial, Commercial, and Institutional Boilers........................ 3217
SAN No. 4906 NESHAP: Area Source Standards--Clay Ceramics Industry.................... 2060-AM53 3218
SAN No. 4699 Request for Comments on Potentially Inadequate Monitoring in Clean Air
2060-AM63
Applicable Requirements and on Methods To Improve Such Monitoring..................... 3219
SAN No. 4887 Area Source NESHAP for Primary Nonferrous Metals--Zn, Cd, Be............. 2060-AM69 3220
SAN No. 4888 Area Source NESHAP for Secondary Nonferrous Metals....................... 2060-AM70 3221
SAN No. 4889 NESHAP for Stainless and Nonstainless Steel Electric Arc Furnace (EAF)
2060-AM71
Manufacturing......................................................................... 3222
SAN No. 4907 NESHAP: Gasoline Distribution Stage I--Area Source Standards............. 2060-AM74 3223
SAN No. 4929 NESHAP: Taconite Iron Ore Processing; Amendments......................... 2060-AM87 3224
SAN No. 4866 NESHAP: Site Remediation Amendments--Response to Litigation.............. 2060-AN36 3225
SAN No. 5012 NESHAP: Area Source Standards--Lead Acid Battery Manufacturing........... 2060-AN44 3226
SAN No. 5013 NESHAP: Area Source Standards--Primary and Secondary Copper.............. 2060-AN45 3227
SAN No. 5015 NESHAP: Area Source Standards--Chemical Preparations Industry............ 2060-AN46 3228
SAN No. 5016 NESHAP: Area Source Standards--Paint and Allied Products................. 2060-AN47
Page 65217
CLEAN AIR ACT (CAA)--Completed Actions
Regulation
Sequence
Title
Identifier
Number
Number
3229
SAN No. 4625 Implementation Rule for 8-Hour Ozone NAAQS - Phase 1..................... 2060-AJ99 3230
SAN No. 4571 Clean Air Mercury Rule--Electric Utility Steam Generating Unit MACT...... 2060-AJ65 3231
SAN No. 4763 NESHAP: Ethylene Processes; Amendments................................... 2060-AK80 3232
SAN No. 4391 Rescinding Finding That Preexisting PM10 Standards Are No Longer
2060-AJ05
Applicable in Northern Ada County/Boise, Idaho........................................ 3233
SAN No. 4450 Clean Air Visibility Rule................................................ 2060-AJ31 3234
SAN No. 4621 Control of Hazardous Air Pollutants From Mobile Sources: Default Baseline 2060-AJ97
Revision.............................................................................. 3235
SAN No. 4794 Clean Air Interstate Rule (Formerly Titled: Interstate Air Quality Rule). 2060-AL76 3236
SAN No. 4808 Amendments to the NESHAP for Cellulose Products Manufacturing............ 2060-AL91 3237
SAN No. 4840 Clean Air Fine Particle Designations..................................... 2060-AM04 3238
SAN No. 4855 NESHAP: Asphalt Processing and Asphalt Roofing Manufacturing--Amendments. 2060-AM10 3239
SAN No. 4845 Control of Air Pollution From New Motor Vehicles: In-Use, Not-To-Exceed
2060-AM17
Emission Standard Testing for Heavy-Duty Diesel Engines and Vehicles.................. 3240
SAN No. 4863 NESHAP: Reinforced Plastic Composites--Amendments........................ 2060-AM23 3241
SAN No. 4883 Test Procedures for Testing Highway and Nonroad Engines and Omnibus
2060-AM35
Technical Amendments.................................................................. 3242
SAN No. 4893 Protection of Stratospheric Ozone: Allocation of Essential Use Allowances 2060-AM50 for Calendar Year 2005................................................................ 3243
SAN No. 4892 National Emission Standards for Pharmaceuticals Production; Amendments... 2060-AM52 3244
SAN No. 4676 Prevention of Significant Deterioration (PSD) and Nonattainment New
2060-AM58
Source Review (NSR): Routine Maintenance, Repair and Replacement (RMRR) Equipment
Replacement Provision (ERP); Reconsideration.......................................... 3245
SAN No. 4919 NESHAP: Coke Ovens: Pushing, Quenching, and Battery Stacks; Amendments... 2060-AM83 3246
SAN No. 4933 Federal Implementation Plans To Reduce Interstate Transport of Fine
2060-AM93
Particulate Matter and Ozone.......................................................... 3247
SAN No. 4811 Transportation Conformity Amendments for the New PM 2.5 NAAQS Standards
2060-AN03 and PM 2.5 Precursors................................................................. 3248
SAN No. 4839 Extension of the Deferred Effective Date of Nonattainment Designations
2060-AN04 for 8-Hour Ozone NAAQS for Early Action Compact Areas................................. 3249
SAN No. 4952 Stay of the Findings of Significant Contribution and Rulemaking for
2060-AN06
Georgia for Purposes of Reducing Ozone Interstate Transport........................... 3250
SAN No. 4954 Finding of Failure To Submit Section 110(a) SIP Requirements............. 2060-AN07 3251
SAN No. 4957 National Emission Standards for Hazardous Air Pollutants: Miscellaneous
2060-AN09
Organic Chemical Manufacturing--Amendments............................................ 3252
SAN No. 4961 Protection of Stratospheric Ozone: Process for Exempting Critical Uses of 2060-AN13
Methyl Bromide for the 2005 Supplemental Request...................................... 3253
SAN No. 4973 Control of Emissions of Air Pollution From Diesel Engines and Fuels;
2060-AN19
Amendments to the Nonroad and Highway Diesel Fuel Regulations......................... 3254
SAN No. 4625 Implementation Rule for 8-Hour Ozone NAAQS: Reconsideration of NSR Anti-
2060-AN25
Backsliding Provisions................................................................ 3255
SAN No. 4625 Implementation Rule for 8-Hour Ozone NAAQS; Final Identification of Ozone 2060-AN27
Areas for Which the 1-Hour Standard Has Been Revoked and Technical Corrections to
Phase 1 Rule..........................................................................
ATOMIC ENERGY ACT (AEA)--Proposed Rule Stage
Regulation
Sequence
Title
Identifier
Number
Number
3256
SAN No. 4054 Environmental Radiation Protection Standards for the Disposal of Low-
2060-AH63
Activity Mixed Radioactive Waste...................................................... 3257
SAN No. 4003 Technical Change to Dose Methodology for 40 CFR Part 190, Subpart B, and
2060-AH90 40 CFR 191, Subpart A.................................................................
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)--Proposed Rule Stage
Regulation
Sequence
Title
Identifier
Number
Number
3258
SAN No. 4596 Pesticides; Data Requirements for Biochemical and Microbial Products..... 2070-AD51
Page 65218
3259
SAN No. 4602 Plant Incorporated Protectants (PIPs); Exemption for Those Based on Viral 2070-AD49
Coat Protein Genes....................................................................
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)--Final Rule Stage
Regulation
Sequence
Title
Identifier
Number
Number
3260
SAN No. 4175 Pesticide Tolerance Reassessment Program................................. 2070-AD24 3261
SAN No. 4610 Protections for Test Subjects in Human Research (Reg Plan Seq No. 126)... 2070-AD57 3262
SAN No. 2659 Pesticide Management and Disposal; Standards for Pesticide Containers and 2070-AB95
Containment........................................................................... 3263
SAN No. 3222 Groundwater and Pesticide Management Plan Rule........................... 2070-AC46 3264
SAN No. 4170 Pesticides; Procedures for the Registration Review Program (Reg Plan Seq
2070-AD29
No. 124).............................................................................. 3265
SAN No. 4216 Pesticides; Emergency Exemption Process Revisions (Reg Plan Seq No. 125). 2070-AD36
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (FIFRA)--Long-Term Actions
Regulation
Sequence
Title
Identifier
Number
Number
3266
SAN No. 2687 Pesticides; Data Requirements for Conventional Chemicals................. 2070-AC12 3267
SAN No. 4173 Pesticides; Data Requirements for Antimicrobials......................... 2070-AD30 3268
SAN No. 4728 Endocrine Disrupter Screening Program (EDSP); Implementing the Screening
2070-AD61 and Testing Phase..................................................................... 3269
SAN No. 4027 Pesticides; Tolerance Processing Fees.................................... 2070-AJ23 3270
SAN No. 4611 Plant Incorporated Protectants (PIPs); Exemption for Those Derived
2070-AD55
Through Genetic Engineering From Sexually Compatible Plants........................... 3271
SAN No. 4612 Plant Incorporated Protectants (PIPs); Exemption for PIPs That Act by
2070-AD56
Primarily Affecting the Plant......................................................... 3272
SAN No. 4618 Revision of Procedural Rules for Hearings on Cancellations, Suspensions,
2020-AA44
Changes in Classifications, and Denials of Pesticide Registrations.................... 3273
SAN No. 3892 Pesticides; Registration Requirements for Antimicrobial Pesticide
2070-AD14
Products.............................................................................. 3274
SAN No. 5007 Pesticides; Competency Standards for Occupational Users.................. 2070-AJ20 3275
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
3276
SAN No. 4727 Endocrine Disruptor Screening Program (EDSP); Chemical Selection Approach 2070-AD59 for Initial Round of Screening........................................................
TOXIC SUBSTANCES CONTROL ACT (TSCA)--Prerule Stage
Regulation
Sequence
Title
Identifier
Number
Number
3277
SAN No. 3493 Future Testing for Existing Chemicals (Overview Entry)................... 2070-AB94
Page 65219
TOXIC SUBSTANCES CONTROL ACT (TSCA)--Proposed Rule Stage
Regulation
Sequence
Title
Identifier
Number
Number
3278
SAN No. 3557 Lead-Based Paint Activities; Amendments for Renovation, Repair and
2070-AC83
Painting (Reg Plan Seq No. 112)....................................................... 3279
SAN No. 2150 Polychlorinated Biphenyls (PCBs); Exemptions From the Prohibitions
2070-AB20
Against Manufacturing, Processing, and Distribution in Commerce....................... 3280
SAN No. 4635 Amendment to the Premanufacture Notification Exemptions; Revisions of
2070-AD58
Exemptions for Polymers............................................................... 3281
SAN No. 2563 Test Rule; Certain Chemicals on the ATSDR Priority List of Hazardous
2070-AB79
Substances............................................................................ 3282
SAN No. 4983 Significant New Use Rule (SNUR); Mercury Switches in Motor Vehicles...... 2070-AJ19 3283
SAN No. 4512 Significant New Use Rule (SNUR); Selected Flame Retardant Chemical
2070-AD48
Substances for Use in Residential Upholstered Furniture............................... 3284
SAN No. 4858 Notification of Chemical Exports Under TSCA Section 12(b) (Reg Plan Seq
2070-AJ01
No. 113).............................................................................. 3285
SAN No. 4878 TSCA Inventory Nomenclature for Enzymes and Proteins..................... 2070-AJ04 3286
SAN No. 2150 Polychlorinated Biphenyls (PCBs); Exemption Request From U.S. Maritime
2070-AJ05
Administration (MARAD)................................................................ 3287
SAN No. 4953 Lead-Based Paint; Pre-Renovation Lead Education Rule..................... 2070-AJ14 3288
SAN No. 4975 Effects of Transfers of Ownership on Obligations Under Section 5 of TSCA. 2070-AJ15 3289
SAN No. 4974 Significant New Use Rule, Perfluoroalkyl Sulfonates (PFAS)............... 2070-AJ18 3290
SAN No. 4984 Clarification on Guidance for Activated Phosphors........................ 2070-AJ21
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.
TOXIC SUBSTANCES CONTROL ACT (TSCA)--Final Rule Stage
Regulation
Sequence
Title
Identifier
Number
Number
3291
SAN No. 3252 Lead Fishing Sinkers; Response to Citizens Petition and Proposed Ban..... 2070-AC21 3292
SAN No. 3990 Test Rule; Testing of Certain High Production Volume (HPV) Chemicals (Reg 2070-AD16
Plan Seq No. 123)..................................................................... 3293
SAN No. 2178 TSCA Section 8(a) Preliminary Assessment Information Rules............... 2070-AB08 3294
SAN No. 1139 TSCA Section 8(d) Health and Safety Data Reporting Rules................. 2070-AB11 3295
SAN No. 3301 TSCA Inventory Update Rule Revisions..................................... 2070-AD63 3296
SAN No. 4176 Voluntary High Production Volume (HPV) Chemical Challenge Program........ 2070-AD25 3297
SAN No. 4870 Significant New Use Rule (SNUR); Certain Polybrominated Diphenyl Ethers
2070-AJ02
(PBDEs)............................................................................... 3298
SAN No. 3493 Testing Agreement for Perfluorooctanoic Acid (PFOA)...................... 2070-AJ06 3299
SAN No. 3493 Testing Agreement for Diethanolamine..................................... 2070-AJ09 3300
SAN No. 3493 Testing Agreement for Hydrogen Fluoride.................................. 2070-AJ10 3301
SAN No. 3493 Testing Agreement for Phthalic Anhydride................................. 2070-AJ11 3302
SAN No. 4942 Significant New Use Rule for Glycol Ethers............................... 2070-AJ12 3303
SAN No. 3493 Testing Agreement for Maleic Anhydride................................... 2070-AJ13
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.
TOXIC SUBSTANCES CONTROL ACT (TSCA)--Long-Term Actions
Regulation
Sequence
Title
Identifier
Number
Number
3304
SAN No. 3148 Asbestos Model Accreditation Plan Revisions.............................. 2070-AC51 3305
SAN No. 4376 Lead-Based Paint Activities; Bridges and Structures; Training,
2070-AC64
Accreditation, and Certification Rule and Model State Plan Rule....................... 3306
SAN No. 4597 Polychlorinated Biphenyls (PCBs); Disposal of PCBs; Implementation Issues 2070-AD52 3307
SAN No. 1976 Significant New Use Rules (SNURs); Follow-Up Rules on Non-5(e) New
2070-AA59
Chemical Substances................................................................... 3308
SAN No. 3495 Significant New Use Rule (SNUR); Chemical-Specific SNURs To Extend
2070-AB27
Provisions of Section 5(e) Orders..................................................... 3309
SAN No. 4876 Voluntary Children's Chemical Evaluation Program (VCCEP)................. 2070-AC27 3310
SAN No. 3487 Test Rule; Hazardous Air Pollutants (HAPs)............................... 2070-AC76 3311
SAN No. 3882 Test Rule; Certain Metals................................................ 2070-AD10 3312
SAN No. 4174 Testing Agreement for Certain Oxygenated Fuel Additives.................. 2070-AD28 3313
SAN No. 4395 Test Rule; Multiple Substance Rule for the Testing of Developmental and
2070-AD44
Reproductive Toxicity................................................................. 3314
SAN No. 1923 Follow-Up Rules on Existing Chemicals.................................... 2070-AA58
Page 65220
3315
SAN No. 3528 Significant New Use Rule (SNUR); Refractory Ceramic Fibers (RCFs)........ 2070-AC37 3316
SAN No. 4598 TSCA Policy Statement on Oversight of Transgenic Organisms (Including
2070-AD53
Plants)............................................................................... 3317
SAN No. 4777 Lead-Based Paint; Amendments to Requirements for Disclosure of Known Lead- 2070-AD64
Based Paint or Lead-Based Paint Hazards in Target Housing............................. 3318
SAN No. 3493 Testing Agreement for Aryl Phosphates (ITC List 2)....................... 2070-AJ07 3319
SAN No. 3493 Test Rule; Brominated Flame Retardants (BFRs)............................ 2070-AJ08
EMERGENCY PLANNING AND COMMUNITY RIGHT--TO--KNOW ACT (EPCRA)--Proposed Rule Stage
Regulation
Sequence
Title
Identifier
Number
Number
3320
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................................................................ 3321
SAN No. 4896 Toxics Release Inventory Reporting Burden Reduction Rule (Reg Plan Seq
2025-AA14
No. 118).............................................................................. 3322
SAN No. 2425 TRI; Response to Petition To Delete Chromium, Antimony, Titanate From the 2025-AA16
Metal Compound Categories Listed on the Toxics Release Inventory...................... 3323
SAN No. 2425 TRI; Response to Petition To Delete Acetonitrile From the Toxics Release
2025-AA19
Inventory List of Toxic Chemicals.....................................................
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.
EMERGENCY PLANNING AND COMMUNITY RIGHT--TO--KNOW ACT (EPCRA)--Final Rule Stage
Regulation
Sequence
Title
Identifier
Number
Number
3324
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................................................... 3325
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...........................................................................
EMERGENCY PLANNING AND COMMUNITY RIGHT--TO--KNOW ACT (EPCRA)--Long-Term Actions
Regulation
Sequence
Title
Identifier
Number
Number
3326
SAN No. 3215 Emergency Planning and Community Right-To-Know Act: Amendments and
2050-AE17
Streamlining Rule..................................................................... 3327
SAN No. 4616 Clarify TRI Reporting Obligations Under EPCRA Section 313 for the Metal
2025-AA11
Mining Activities of Extraction and Beneficiation..................................... 3328
SAN No. 2425 TRI; Response to Petition To Add Diisononyl Phthalate to the Toxics
2025-AA17
Release Inventory List of Toxic Chemicals.............................................
EMERGENCY PLANNING AND COMMUNITY RIGHT--TO--KNOW ACT (EPCRA)--Completed Actions
Regulation
Sequence
Title
Identifier
Number
Number
3329
SAN No. 4938 TRI Reporting Forms Modification Rule.................................... 2025-AA15
Page 65221
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)--Prerule Stage
Regulation
Sequence
Title
Identifier
Number
Number
3330
SAN No. 4743 Land Disposal Restrictions: Determination of Equivalent Treatment for
2050-AF12
Macroencapsulation of Radioactive Lead Solids; Definition of Macroencapsulation.......
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)--Proposed Rule Stage
Regulation
Sequence
Title
Identifier
Number
Number
3331
SAN No. 4470 Standards for the Management of Coal Combustion Wastes Generated by
2050-AE81
Commercial Electric Power Producers................................................... 3332
SAN No. 4651 Increase Metals Reclamation From F006 Waste Streams...................... 2050-AE97 3333
SAN No. 4606 Revisions for Transboundary Shipments of Hazardous Waste for Recovery
2050-AE93
Within the Organization for Economic Cooperation and Development...................... 3334
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).................................. 3335
SAN No. 4920 Rulemaking To Streamline Laboratory Waste Management in Academic and
2050-AG18
Research Laboratories................................................................. 3336
SAN No. 4977 Expanding the Comparable Fuels Exclusion Under RCRA (Reg Plan Seq No.
2050-AG24 117).................................................................................. 3337
SAN No. 5019 Criteria for Safe and Environmentally Protective Use of Granular Mine
2050-AG27
Tailings.............................................................................. 3338
SAN No. 4828 RCRA Incentives for Performance Track Members............................ 2090-AA34
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)--Final Rule Stage
Regulation
Sequence
Title
Identifier
Number
Number
3339
SAN No. 3545 Revisions to the Comprehensive Guideline for Procurement of Products
2050-AE23
Containing Recovered Materials........................................................ 3340
SAN No. 4084 RCRA Burden Reduction Initiative (Reg Plan Seq No. 127).................. 2050-AE50 3341
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....................................................... 3342
SAN No. 4091 Modifications to RCRA Rules Associated With Solvent-Contaminated
2050-AE51
Industrial Wipes...................................................................... 3343
SAN No. 4092 Recycling of Cathode Ray Tubes (CRTs): Changes to Hazardous Waste
2050-AE52
Regulations........................................................................... 3344
SAN No. 4670 Revisions to the Definition of Solid Waste (Reg Plan Seq No. 128)........ 2050-AE98 3345
SAN No. 4565 Project XL Site-Specific Rulemaking for the IBM Semiconductor
2090-AA29
Manufacturing Facility in Hopewell Junction, New York.................................
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)--Long-Term Actions
Regulation
Sequence
Title
Identifier
Number
Number
3346
SAN No. 3856 Management of Cement Kiln Dust (CKD)..................................... 2050-AE34 3347
SAN No. 4469 Standards for the Management of Coal Combustion Wastes--Non-Power
2050-AE83
Producers and Minefilling............................................................. 3348
SAN No. 4230 Revisions to Solid Waste Landfill Criteria--Leachate Recirculation on
2050-AE67
Alternative Liners.................................................................... 3349
SAN No. 4735 RCRA Smarter Waste Reporting............................................. 2050-AF01 3350
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....... 3351
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........ 3352
SAN No. 4824 Hazardous Waste Generator Program Evaluation............................. 2050-AG25 3353
SAN No. 2647 RCRA Subtitle C Financial Test Criteria (Revision)....................... 2050-AC71
Page 65222
3354
SAN No. 4778 Revisions of the Lead-Acid Battery Export Notification and Consent
2050-AF06
Requirements.......................................................................... 3355
SAN No. 3147 Hazardous Waste Manifest Revisions--Standards and Procedures for
2050-AG20
Electronic Manifests..................................................................
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)--Completed Actions
Regulation
Sequence
Title
Identifier
Number
Number
3356
SAN No. 4028 Standardized Permit for RCRA Hazardous Waste Management Facilities....... 2050-AE44 3357
SAN No. 3989 Methods Innovation Rule.................................................. 2050-AE41 3358
SAN No. 3147 Hazardous Waste Manifest Regulation...................................... 2050-AE21 3359
SAN No. 4501 Revision of Wastewater Treatment Exemptions for Hazardous Waste Mixtures. 2050-AE84 3360
SAN No. 3333 NESHAPS: Standards for Hazardous Air Pollutants for Hazardous Waste
2050-AE01
Combustors (Phase I Final Replacement Standards and Phase II)......................... 3361
SAN No. 4092 Hazardous Waste Management System; Modification of the Hazardous Waste
2050-AG21
Program: Mercury-Containing Equipment................................................. 3362
SAN No. 4439 Project XL -- Ortho-McNeil Pilot Project Allowing On-Site Treatment of
2090-AA14
Low-Level Mixed Wastes Without RCRA Permit............................................
OIL POLLUTION ACT (OPA)--Proposed Rule Stage
Regulation
Sequence
Title
Identifier
Number
Number
3363
SAN No. 2634 Revisions to the Spill Prevention, Control, and Countermeasure (SPCC)
2050-AG16
Rule, 40 CFR Part 112 (Reg Plan Seq No. 115).......................................... 3364
SAN No. 2634 Regulatory Actions Associated with the Notices of Data Availability on
2050-AG23 the Spill Prevention, Control, and Countermeasure (SPCC) Rule, 40 CFR Part 112 (Reg
Plan Seq No. 116).....................................................................
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.
COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT--Proposed Rule Stage
Regulation
Sequence
Title
Identifier
Number
Number
3365
SAN No. 3439 National Priorities List for Uncontrolled Hazardous Waste Sites: Proposed 2050-AD75 and Final Rules....................................................................... 3366
SAN No. 4736 Administrative Reporting Exemption for Certain Air Releases of NOx (Reg
2050-AF02
Plan Seq No. 114)..................................................................... 3367
SAN No. 4971 National Contingency Plan Revisions To Align With the National Response
2050-AG22
Plan..................................................................................
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.
COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT--Final Rule Stage
Regulation
Sequence
Title
Identifier
Number
Number
3368
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).................................................... 3369
SAN No. 4739 Standards and Practices for Conducting All Appropriate Inquiries......... 2050-AF04
Page 65223
COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT--Long-Term Actions
Regulation
Sequence
Title
Identifier
Number
Number
3370
SAN No. 4201 Criteria for the Designation of Hazardous Substances Under CERCLA Section 2050-AE63 102(a)................................................................................ 3371
SAN No. 4737 Correction of Errors and Adjustment of CERCLA Reportable Quantities...... 2050-AF03 3372
SAN No. 4177 Revise 40 CFR Part 35 Subpart O: Cooperative Agreements and Superfund
2050-AE62
State Contracts for Superfund Response Actions........................................
CLEAN WATER ACT (CWA)--Proposed Rule Stage
Regulation
Sequence
Title
Identifier
Number
Number
3373
SAN No. 4526 Revisions to the National Oil and Hazardous Substances Pollution
2050-AE87
Contingency Plan; Subpart J Product Schedule Listing Requirements..................... 3374
SAN No. 4357 Uniform National Discharge Standards for Vessels of the Armed Forces--
2040-AD39
Phase II.............................................................................. 3375
SAN No. 4746 Regulations for Gray and Black Water Discharges From Cruise Ships
2040-AD89
Operating in Certain Alaskan Waters................................................... 3376
SAN No. 4965 2006 Effluent Guidelines Program Plan.................................... 2040-AE76 3377
SAN No. 4996 Concentrated Animal Feeding Operation Rule............................... 2040-AE80 3378
SAN No. 4979 Oil and Gas Phase II Storm Water Permit Requirements..................... 2040-AE81
CLEAN WATER ACT (CWA)--Final Rule Stage
Regulation
Sequence
Title
Identifier
Number
Number
3379
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...................... 3380
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 3381
SAN No. 4950 Test Procedures for the Analysis of E. coli, Enterococci, Fecal
2040-AE68
Coliforms, and Salmonella Under the Clean Water Act................................... 3382
SAN No. 4947 Effluent Guidelines for the Iron and Steel Manufacturing Point Source
2040-AE78
Category (Revision)................................................................... 3383
SAN No. 4995 Rulemaking on Direct Application of Pesticides to Waters of the United
2040-AE79
States in Compliance With FIFRA.......................................................
CLEAN WATER ACT (CWA)--Long-Term Actions
Regulation
Sequence
Title
Identifier
Number
Number
3384
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).................................................................................. 3385
SAN No. 3702 Test Procedures for the Analysis of Trace Metals Under the Clean Water
2040-AC75
Act................................................................................... 3386
SAN No. 3714 Test Procedures: Increased Method Flexibility for Test Procedures
2040-AC92
Approved for Clean Water Act Compliance Monitoring.................................... 3387
SAN No. 3713 Test Procedures: Performance-Based Measurement System (PBMS) Procedures
2040-AC93 and Guidance for Clean Water Act Test Procedures...................................... 3388
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............................ 3389
SAN No. 3786 NPDES Applications Revisions............................................. 2040-AC84 3390
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............................................. 3391
SAN No. 4690 Policy Regarding National Pollutant Discharge Elimination System Permit
2040-AD87
Requirements for Municipal Wastewater Treatment During Wet Weather Conditions......... 3392
SAN No. 4822 Effluent Guidelines and Standards: Recodification of Various Effluent
2040-AE61
Guidelines............................................................................ 3393
SAN No. 4948 Effluent Limitations Guidelines and Standards for Airport Deicing
2040-AE69
Operations............................................................................ 3394
SAN No. 4949 Effluent Limitations Guidelines and Standards for Drinking Water Supply
2040-AE74 and Treatment.........................................................................
Page 65224
3395
SAN No. 4967 New/Revised Ambient Water Quality Criteria (AWQC) for Recreational Waters 2040-AE77 3396
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
3397
SAN No. 3663 Streamlining the General Pretreatment Regulations for Existing and New
2040-AC58
Sources of Pollution..................................................................
SAFE DRINKING WATER ACT (SDWA)--Proposed Rule Stage
Regulation
Sequence
Title
Identifier
Number
Number
3398
SAN No. 4770 Unregulated Contaminant Monitoring Regulation for Public Water Systems
2040-AD93
Revisions............................................................................. 3399
SAN No. 4821 Drinking Water: Regulatory Determinations Regarding Contaminants on the
2040-AE60
Second Drinking Water Contaminant Candidate List...................................... 3400
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
3401
SAN No. 2340 National Primary Drinking Water Regulations: Ground Water Rule (Reg Plan
2040-AA97
Seq No. 129).......................................................................... 3402
SAN No. 4341 National Primary Drinking Water Regulations: Long Term 2 Enhanced Surface 2040-AD37
Water Treatment Rule (Reg Plan Seq No. 130)........................................... 3403
SAN No. 4342 National Primary Drinking Water Regulations: Stage 2 Disinfection
2040-AD38
Byproducts Rule (Reg Plan Seq No. 131)................................................
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.
SAFE DRINKING WATER ACT (SDWA)--Long-Term Actions
Regulation
Sequence
Title
Identifier
Number
Number
3404
SAN No. 2281 National Primary Drinking Water Regulations: Radon....................... 2040-AA94 3405
SAN No. 3238 National Primary Drinking Water Regulations: Aldicarb.................... 2040-AC13 3406
SAN No. 4404 National Secondary Drinking Water Regulations (NSDWR): Methyl Tertiary
2040-AD54
Butyl Ether (MTBE) and Technical Corrections to the NSDWR............................. 3407
SAN No. 4775 National Primary Drinking Water Regulations: Revisions to the Total
2040-AD94
Coliform Monitoring and Analytical Requirements and Additional Distribution System
Requirements.......................................................................... 3408
SAN No. 4745 Drinking Water Contaminant Candidate List 3.............................. 2040-AD99 3409
SAN No. 4236 Underground Injection Control: Update of State Programs.................. 2040-AD40 3410
SAN No. 4966 Drinking Water Regulations for Aircraft Public Water System.............. 2040-AE84
Page 65225
SHORE PROTECTION ACT (SPA)--Long-Term Actions
Regulation
Sequence
Title
Identifier
Number
Number
3411
SAN No. 2820 Shore Protection Act, Section 4103(b) Regulations........................ 2040-AB85
Environmental Protection Agency (EPA)
Proposed Rule Stage
General
-
PROPOSED REVISION TO EPA'S IMPLEMENTING NEPA 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-
02/00/06
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: Katherine Biggs, Environmental Protection Agency,
Office of Enforcement and Compliance Assurance, 2252A, Washington, DC 20460
Phone: 202 564-7144
Fax: 202 564-0070
Email: biggs.katherine@epamail.epa.gov
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
RIN: 2020-AA42
-
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-
12/00/05
Final Action-
03/00/06
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
-
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 Protection Manual. This rulemaking will implement the new
TSCA CBI requirements into the three EPAAR clauses cited above.
Page 65226
Timetable:
Action
Date
FR Cite
NPRM-
01/00/06
Final Action-
05/00/06
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 NW.,
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
-
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-
11/00/05
Final Action-
08/00/06
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 NW.,
Washington, DC 20460
Phone: 202 564-4376
Email: chambers.ed@epamail.epa.gov
RIN: 2030-AA89
-
ACCESSIBILITY STANDARDS FOR CONTRACT DELIVERABLES (508)
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-
12/00/05
Final Action-
03/00/06
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 NW.,
Washington, DC 20460
Phone: 202 564-4376
Email: chambers.ed@epamail.epa.gov
RIN: 2030-AA90
-
AMENDMENT OF THE STANDARDS FOR RADIOACTIVE WASTE DISPOSAL IN YUCCA
MOUNTAIN, NEVADA
Regulatory Plan: This entry is Seq. No. 108 in part II of this issue of the Federal Register.
RIN: 2060-AN15
-
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 to 2761; 42 USC 300(f) to 300(j) to 26; 42
USC 6901 to 6992(k)
CFR Citation: 40 CFR NYD
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, New
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 permit 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 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-
02/00/06
Final Action-
04/00/06
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
Page 65227
Environmental Protection Agency (EPA)
Final Rule Stage
General
-
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-
12/00/05
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
-
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.
Timetable:
Action
Date
FR Cite
NPRM-
07/24/03
68 FR 43824
Final Action-
05/00/06
Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses, Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal, Local, State, 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
-
CROSS-MEDIA ELECTRONIC REPORTING (ER) AND RECORDKEEPING RULE
(CROMERRR)
Priority: Other Significant
Legal Authority: PL 104-13; PL 105-277
CFR Citation: 40 CFR 3 (New); 40 CFR 9 (Revision)
Legal Deadline: None
Abstract: As proposed, the Cross-Media Electronic Reporting (ER) and
Recordkeeping Rule (CROMERRR) was intended to provide a uniform legal framework for paperless electronic reporting and recordkeeping, including electronic signature/certification, across EPA's environmental compliance programs. Based on public comment, however,
EPA now plans to focus on finalizing the electronic reporting components of proposed CROMERRR, and to defer further action on the electronic recordkeeping components until a later time. Under current plans, the final electronic reporting (ER) rule will address electronic reporting by companies regulated under all of EPA's programs: Air, water, pesticides, toxic substances, wastes, and emergency response.
The final rule would remove existing regulatory obstacles to electronic reporting, and it would set requirements for companies choosing to report electronically. In addition, the rule would set the conditions for allowing electronic reporting under State, tribal or local environmental programs that operate under EPA authorization. The final
ER rule is intended to make electronic reporting as simple, efficient, and cost-effective as possible for regulated companies, while ensuring that a transition from paper to electronic reporting does not compromise EPA's compliance and enforcement programs. Consequently, the
Agency's strategy is to impose as few specific requirements as possible, and to keep those requirements neutral with respect to technology, so the rule will pose no obstacles to adopting new technologies as they emerge. To ensure that authorized programs at the
State, tribal, and local levels meet EPA's electronic reporting goals, the final ER rule would specify a set of criteria that these programs must satisfy as they initiate electronic reporting. In response to public comments, EPA is also planning to include provisions for a streamlined process for EPA to review and approve authorized program
Page 65228
revisions or modifications to allow electronic reporting.
Timetable:
Action
Date
FR Cite
NPRM
08/31/01
66 FR 46162
Final Action
10/00/05
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: Federal, Local, State, Tribal
Additional Information: SAN No. 4270; Formerly listed as RIN 2020-AA41.
Agency Contact: Evi Huffer, Environmental Protection Agency, Office of
Environmental Information, 2823T, Washington, DC 20460
Phone: 202 566-1697
Fax: 202 260-9322
Email: huffer.evi@epamail.epa.gov
David Schwarz, Environmental Protection Agency, Office of Environmental
Information, 2823T, Washington, DC 20460
Phone: 202 566-1704
Fax: 202 566-1684
Email: schwarz.david@epamail.epa.gov
RIN: 2025-AA07
-
PRIVACY ACT REGULATIONS (REVISED)
Priority: Info./Admin./Other
Legal Authority: 5 USC 552a
CFR Citation: 40 CFR 16 (revised)
Legal Deadline: None
Abstract: This action proposed to revise the Privacy Act regulation to exempt new systems and systems currently claiming to be exempt from the
Act. Other revisions are generally minor and include revising the access provision so that a copy of a record can be obtained without a personal inspection; changing the time limit for appeals of denials from 10 days to 30 days; changing the process for accessing Privacy Act records and contesting Privacy Act records from the system manager to the Freedom of Information Office; and referring appeals from denials of system of records maintained by the Office of Inspector General to that office for decision. The proposed rule does not have implications on small businesses nor State/local/tribal government.
Timetable:
Action
Date
FR Cite
NPRM-
09/14/04
69 FR 55377
Final Action-
12/00/05
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4693
Agency Contact: Judy Hutt, Environmental Protection Agency, Office of
Environmental Information, 2822-T, Washington, DC 20460
Phone: 202 566-1668
Fax: 202 566-1639
Email: hutt.judy@epamail.epa.gov
Deborah Williams, Environmental Protection Agency, Office of
Environmental Information, 2822-T, Washington, DC 20460
Phone: 202 566-1659
Fax: 202 566-1648
Email: williams.deborah@epamail.epa.gov
RIN: 2025-AA13
-
MISCELLANEOUS REVISIONS TO EPAAR CLAUSES
Priority: Substantive, Nonsignificant
Legal Authority: 5 USC 301; sec (c), 63 Stat 390, as amended; 40 USC 486 (c); 41 USC 418(b)
CFR Citation: 48 CFR 1515; 48 CFR 1535; 48 CFR 1552
Legal Deadline: None
Abstract: This rule includes administrative changes to various EPAAR clauses, such as address changes and points of contact. Nothing substantive will be affected.
Timetable:
Action
Date
FR Cite
Direct Final Action-
12/00/05
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4813
Agency Contact: Dan Humphries, Environmental Protection Agency,
Administration and Resources Management, 3802R, Washington, DC 20460
Phone: 202 564-4377
Email: humphries.daniel@epamail.epa.gov
RIN: 2030-AA84
-
GUIDELINES FOR CARCINOGEN RISK ASSESSMENT
Priority: Info./Admin./Other
Legal Authority: Not applicable
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: In 9/86 EPA issued risk assessment guidelines relating to five areas: Carcinogenicity, mutagenicity, chemical mixtures, developmental toxicants, and estimating exposures. EPA publishes, and periodically updates/revises, a series of guidelines whose purpose is to assist risk assessors in evaluating the risks of environmental hazards. The guidelines were developed to promote high technical quality and Agency-wide consistency in the human health risk assessment process. The Agency began revising the 1986 guidelines in light of significant scientific advances in our understanding of the processes of carcinogenesis and the modes of actions of disease at the cellular level. The revision of these guidelines is in keeping with the Agency's original intent when it issued the first risk assessment guidelines in 1986. The guidelines were meant to be dynamic, flexible documents that would evolve to reflect the current state of the science and risk assessment practices. EPA released draft final guidelines in March 2003 for public comment, along with a new draft supplemental guidance document entitled, Supplemental Guidance for Assessing Cancer
Susceptibility Resulting from Early-life Exposure to Carcinogens, to address early-life exposure issues. (Prior to the 2003 release, guidance on early life exposure issues was incorporated into the cancer guideline document. Early-life exposures issues were moved into a separate document anticipating that updates on the science will be necessary sooner than issues entailed in the draft final cancer guidelines.) The Supplemental Guidance document was peer reviewed by the SAB in May 2003. The final documents will be made available for review by the Science Policy Council and other governmental agencies prior to being submitted for Final Agency Closure. Revisions are being made to the documents based on comments
Page 65229
received, balanced against input received during prior SAB reviews and prior public comment periods. The workgroups finalizing the Guidelines represent the major program offices and regional offices.
Timetable:
Action
Date
FR Cite
Final Action-
10/00/05
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 3671
Agency Contact: William Wood, Environmental Protection Agency, Office of Research and Development, 8103, Washington, DC 20460
Phone: 202 564-3358
Email: wood.bill@epamail.epa.gov
RIN: 2080-AA06
-
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-
10/00/05
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: Federal, State
Additional Information: SAN No. 4536
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
-
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
Page 65230
Phone: 202-566-1683
Fax: 202 566-1639
Email: sierra.joe@epamail.epa.gov
RIN: 2025-AA02
Environmental Protection Agency (EPA)
Completed Actions
General
-
TECHNICAL AMENDMENTS TO THE FEDERAL POLICY FOR THE PROTECTION OF
HUMAN SUBJECTS
Priority: Info./Admin./Other
CFR Citation: 40 CFR 26
Completed:
Reason
Date
FR Cite
Final Action - Common Rule with
HHS-
06/23/05
70 FR 36325
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Agency Contact: Dennis Utterback
Phone: 202 564-6638
Fax: 202 565-2911
Email: utterback.dennis@epamail.epa.gov
RIN: 2080-AA11
Environmental Protection Agency (EPA)
Prerule Stage
Clean Air Act (CAA)
-
[bull] ACCIDENTAL RELEASE PREVENTION REQUIREMENTS: RISK MANAGEMENT
PROGRAMS UNDER THE CLEAN AIR ACT, SECTION 112(R)(7) (SECTION 610 REVIEW)
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412(r)
CFR Citation: 40 CFR 68
Legal Deadline: None
Abstract: The Agency promulgated the Accidental Release Prevention
Requirements on June 20, 1996 (61 FR 31668). The regulations apply to all stationary sources with processes that contain more than a threshold quantity of a regulated substance. Processes are divided into three categories based on the potential for offsite consequences associated with a worst-case accidental release; accident history; or compliance with the prevention requirements under OSHA's Process Safety
Management (PSM). Processes that have no potential impact on the public in the case of an accidental release have minimal requirements. For other processes, sources must implement a risk management program that includes more detailed requirements for hazard assessment, prevention, and emergency response. Processes in industry categories with a history of accidental releases and processes already complying with OSHA's PSM are subject to prevention program requirements that are virtually identical to parallel elements of the OSHA standard. All other processes are subject to streamlined prevention requirements. All sources must prepare a risk management plan based on the risk management programs established at the source. The sources submit the plan to EPA. The first submission was on June 20, 1999. Some sources re-submitted their plans or revised their plans after the first submission. The second submission was due on June 20, 2004. There are approximately 15,000 sources subject to the accidental release prevention regulations. This new entry in the Regulatory Agenda announces that EPA will review this regulation pursuant to section 610 of the Regulatory Flexibility Act (RFA) (5 U.S.C. 610). EPA solicits comments on the following factors: (1) The continued need for the rule;
(2) the nature of complaints or comments received concerning the rule from the public since promulgation; (3) the complexity of the rule; (4) the extent to which the rule overlaps, duplicates or conflicts with other Federal rule, and to the extent feasible, with State and local governmental rules; and (5) the length of time since the rule has been evaluated or the degree to which technology, economic conditions, or other factors have changed in the area affected by the rule. In the
Agency's view, there is a continued need for the rule because it calls on sources to reduce the probability and adverse consequences of accidental releases of substances that have the potential to cause immediate harm to public health and the environment, and stimulates dialogue between industry and the public to improve accident prevention and emergency response practices. The Agency has received few complaints about this rule from small businesses. The Agency has developed many guidance documents to help small entities comply with the rule. Efforts were made to minimize the burden and complexity of the rule by taking a tiered approach. In other words, entities with complex processes have to follow more rigorous requirements and those with simple processes follow only some of the requirements. EPA believes that there is no conflict or overlap between this rule and any other rule except for OSHA's PSM rule as indicated above. This is the first time the rule has been evaluated under the RFA section 610. EPA has established a public docket for this effort, Docket No. OAR-2005- 0166 at http://www.epa.gov/edocket.
Timetable:
Action
Date
FR Cite
Begin Review-
10/00/05
End Comment Period-
01/00/06
End Review-
04/00/06
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: Undetermined
Additional Information: SAN No. 5018;
Agency Contact: Sicy Jacob, Environmental Protection Agency, Solid
Waste and Emergency Response, 5104A, Washington, DC 20004
Phone: 202 564-8019
Fax: 202 564-2625
Page 65231
Email: jacob.sicy@epa.gov
Vanessa Rodriguez, Environmental Protection Agency, Solid Waste and
Emergency Response, 5104A, Washington, DC 20460
Phone: 202 564-7913
Fax: 202 564-2625
Email: rodriquez.vanessa@epa.gov
RIN: 2050-AG26
-
REVISION TO POLICY ON CONTROL OF VOLATILE ORGANIC COMPOUNDS (VOC)
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 to 7671q
CFR Citation: 40 CFR 51.100(s)
Legal Deadline: None
Abstract: EPA is considering the proposal of revisions to its policy on control of volatile organic compounds (VOC), including the use of photochemical reactivity in controlling VOCs. As a first step, an ANPRM may be issued soliciting public comment on various policy options.
Subsequent steps could range from taking no further action to publishing a policy statement in the Federal Register. The ANPRM is to announce that EPA is considering revision of its VOC policy which appeared in the July 8, 1977 Federal Register (42 FR 35314) under the title ``Recommended Policy on Control of Volatile Organic Compounds.''
That policy statement gave a broad description about how EPA would approach VOC control. This policy also said that we would be exempting certain organic compounds from control in volatile organic compound regulations (to meet ozone ambient air quality limits) due to these compounds having very low ozone forming potential. A list of exempt compounds was later codified in the definition of VOC at 40 CFR 51.100(s) which was adopted on February 3, 1992 (57 FR 3941) for use in
State Implementation Plans. The ANPRM will ask for public comments on various approaches EPA may use in the future to take photochemical reactivity into account in controlling VOCs. The ANPRM could lead to a policy statement, such as the 1977 policy statement, which would give a broad outline of the new approach EPA would take in the future. This would not be a rulemaking, but the revised policy could lead to new rules being adopted still further in the future. (Any such rules would be separately noticed in the Regulatory Agenda.) For example, the ANPRM could eventually lead to a revision of the definition of VOC at 40 CFR 51.100(s). Alternatively, EPA may go directly to a proposed revision of policy.
Timetable:
Action
Date
FR Cite
Guidance-
10/00/05
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: Federal, State
Additional Information: SAN No. 4759;
Agency Contact: William L. Johnson, Environmental Protection Agency,
Air and Radiation, C539-02, Research Triangle Park, NC 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
Fax: 202 564-1554
Email: keating.terry@epa.gov
RIN: 2060-AK75
-
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 U.S.C. 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
ANPRM-
10/00/05
NPRM-
04/00/06
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: Federal
Additional Information: SAN No. 4856;
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
-
[bull] ADVANCE NOTICE FOR INFORMATION ON DETERMINING THE EMISSIONS
REDUCTIONS ACHIEVED FROM LIMITING THE VOC CONTENT OF ARCHITECTURAL
COATINGS
Priority: Substantive, Nonsignificant
Legal Authority: CAAA sec 110
CFR Citation: 40 CFR 51
Legal Deadline: None
Abstract: EPA will issue 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
ANPRM Comment Period End-
10/17/05
Notice
10/00/05
Regulatory Flexibility Analysis Required: No
Page 65232
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, Reseach 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, Philadelphia, PA 19103
Phone: 215 814-2104
Fax: 215 814-2124
Email: spink.marcia@epa.gov
RIN: 2060-AN42
-
[bull] ACTION ON PETITION TO LIST DIESEL EXHAUST AS A HAZARDOUS
AIR POLLUTANT
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory, February 11, 2005.
NPRM, Judicial, June 12, 2006, Tentative deadline for proposal, under negotiation.
Final, Judicial, May 1, 2007, Tentative, under negotiation.
Abstract: EPA received a petition from Environmental Defense to list
Diesel Exhaust as a Hazardous Air Pollutant (HAP). Upon initially reviewing the petition, we have decided the petition needs to be reviewed and evaluated by a Workgroup to make a final determination on how to proceed. Our initial review indicates that the petition meets the CAAA requirements for listing as a HAP, namely that (1) It is an air pollutant, and (2) emissions, ambient concentrations, bioaccumulation, or deposition of the substance must be known to cause or reasonably anticipated to cause adverse effects to human health or the environment. The petition is based primarily on human health effects, and relies heavily on the EPA's Health Assessment Document for
Diesel Engine Exhaust (2002), which shows that exposure to diesel exhaust leads cancerous and non-cancerous effects. In addition, the
National Air Toxics Assessment (NATA) concludes that diesel exhaust is among the air pollutants that pose the greatest risk to human health and that the ambient concentration of diesel exhaust exceeds EPA's non- cancer reference concentration in multiple urban areas across the U.S.
This activity may be considered precedent-setting, as a pollutant has not been added to the HAP list to date.
Timetable:
Action
Date
FR Cite
ANPRM-
03/00/06
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: Federal, Local, State
Additional Information: SAN No. 5020;
Agency Contact: Anne Rea, Environmental Protection Agency, Air and
Radiation, C404-01, Research Triangle Park, NC 27711
Phone: 919 541-0053
Fax: 919 541-0840
Email: rea.anne@epamail.epa.gov
Scott Jenkins, Environmental Protection Agency, Air and Radiation,
C404-01, Research Triangle Park, NC 27711
Phone: 919 541-1167
Fax: 919 541-0840
Email: jenkins.scott@epamail.epa.gov
RIN: 2060-AN49
Environmental Protection Agency (EPA)
Proposed Rule Stage
Clean Air Act (CAA)
-
REVIEW OF THE NATIONAL AMBIENT AIR QUALITY STANDARDS FOR
PARTICULATE MATTER
Regulatory Plan: This entry is Seq. No. 100 in part II of this issue of the Federal Register.
RIN: 2060-AI44
-
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. The proposed action will not impact small businesses, or state, local, or tribal governments.
Timetable:
Action
Date
FR Cite
NPRM-
10/00/05
Final Action-
08/00/06
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4531;
Agency Contact: Jeff Herzog, Environmental Protection Agency, Air and
Radiation, ASD, Ann Arbor, MI 48105
Phone: 734 214-4227
Fax: 734 214-4816
Email: herzog.jeff@epamail.epa.gov
RIN: 2060-AJ61
-
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
Page 65233
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-
10/00/05
Final Action-
03/00/06
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, Research Triangle Park, NC 27711
Phone: 919 541-1064
Fax: 919 541-1039
Email: sorrell.candace@epamail.epa.gov
Conniesue Oldham, Environmental Protection Agency, Air and Radiation,
D205-02, D205-02, Research Triangle Park, NC 27711
Phone: 919 541-7774
Email: oldham.conniesue@epamail.epa.gov
RIN: 2060-AF72
-
GENERAL CONFORMITY REGULATIONS; REVISIONS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401 to 7671
CFR Citation: 40 CFR 51.850 to 51.860; 40 CFR 93.150 to 93.160
Legal Deadline: None
Abstract: 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-
01/00/06
Final Action-
10/00/06
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: Federal, State, Tribal
Additional Information: SAN No. 4070;
Agency Contact: Dave Stonefield, Environmental Protection Agency, Air and Radiation, C539-02, Research Triangle Park, NC 27711
Phone: 919 541-5350
Fax: 919-541-0824
Email: stonefield.dave@epa.gov
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
-
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) 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-
01/00/06
Final Action-
10/00/06
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, Research Triangle Park, NC 27711
Page 65234
Phone: 919 541-5344
Fax: 919 541-5509
Email: rao.raj@epamail.epa.gov
Lynn Hutchinson, Environmental Protection Agency, Air and Radiation,
C339-03, Research Triangle Park, NC 27711
Phone: 919 541-5795
Fax: 919 541-5509
Email: hutchinson.lynn@epamail.epa.gov
RIN: 2060-AH37
-
CLEAN AIR FINE PARTICLE IMPLEMENTATION RULE
Regulatory Plan: This entry is Seq. No. 102 in part II of this issue of the Federal Register.
RIN: 2060-AK74
-
PERFORMANCE SPECIFICATION 16--SPECIFICATIONS AND TEST PROCEDURES
FOR PREDICTIVE EMISSION MONITORING SYSTEMS IN STATIONARY SOURCES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7411
CFR Citation: 40 CFR 60
Legal Deadline: None
Abstract: Performance Specification 16 is being proposed to provide performance criteria for predictive emission monitoring systems.
Predictive systems represent a new technology that uses process information or parameters to predict pollutant emissions instead of directly measuring them. The Agency is allowing their use in recently- promulgated rules and they are being considered by a number of regulated facilities. The specification lists the requirements for acceptable systems that are met by passing tests that compare the monitoring system with standardized methods and audit gases to determine system accuracy and stability. Performance Specification 16 will primarily apply to facilities whose emissions can be predicted from process parameters such as combustion processes (including gas turbines and internal combustion engines).
Timetable:
Action
Date
FR Cite
NPRM-
08/08/05
70 FR 45608
NPRM Comment Period End-
10/07/05
Final Action-
06/00/06
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: State
Additional Information: SAN No. 4119
Sectors Affected: 336399 All Other Motor Vehicle Parts Manufacturing; 333618 Other Engine Equipment Manufacturing; 33241 Power Boiler and
Heat Exchanger Manufacturing; 333611 Turbine and Turbine Generator Set
Unit Manufacturing
Agency Contact: Foston Curtis, Environmental Protection Agency, Air and
Radiation, MD-19, Research Triangle Park, NC 27711
Phone: 919 541-1063
Email: curtis.foston@epamail.epa.gov
Conniesue Oldham, Environmental Protection Agency, Air and Radiation,
D205-02, D205-02, Research Triangle Park, NC 27711
Phone: 919 541-7774
Email: oldham.conniesue@epamail.epa.gov
RIN: 2060-AH84
-
STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES: MUNICIPAL
SOLID WASTE LANDFILLS: AMENDMENT
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7401; 42 USC 7411; 42 USC 7414; 42 USC 7416; 42
USC 7429; 42 USC 7601
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
Legal Deadline: None
Abstract: This action will amend the existing regulation entitled
Standards of Performance for New Stationary Sources: Municipal Solid
Waste Landfills, subpart WWW of 40 CFR Part 60, promulgated on March 12, 1996. The amendment is being undertaken in response to requests to clarify our intent regarding what constitutes an adequate landfill gas treatment system. This action also clarifies our intent to exempt from control landfill gas that is treated/upgraded. Furthermore, it clarifies who is responsible for control of untreated landfill gas that is sold. This action is necessary to clarify our intent regarding the issues discussed above. It will improve implementation and compliance with this regulation.
Timetable:
Action
Date
FR Cite
Proposed Amdmt-
05/23/02
67 FR 36476
Supplemental NPRM-
10/00/05
Final Action-
10/00/06
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4478;
Sectors Affected: 562212 Solid Waste Landfill
Agency Contact: Martha Smith, Environmental Protection Agency, Air and
Radiation, C439-03, Research Triangle Park, NC 27711
Phone: 919 541-2421
Fax: 919 541-0246
Email: smith.martha@epamail.epa.gov
Kent Hustvedt, Environmental Protection Agency, Air and Radiation,
C439-03, Research Triangle Park, NC 27711
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AJ41
-
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: None
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
Page 65235
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-
10/00/05
Final Action-
06/00/06
Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4585;
Sectors Affected: 32731 Cement Manufacturing
Agency Contact: Keith Barnett, Environmental Protection Agency, Air and
Radiation, C504-05, Research Triangle Park, NC 27711
Phone: 919 541-5605
Fax: 919 541-5600
Email: barnett.keith@epamail.epa.gov
David Cozzie, Environmental Protection Agency, Air and Radiation, C504- 05, Research Triangle Park, NC 27711
Phone: 919 541-5356
Email: cozzie.david@epa.gov
RIN: 2060-AJ78
-
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.
Abstract: 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 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. We have completed the risk assessment, received Work Group comments, completed Options
Selection, completed Final Agency Review, and submitted the package to
OMB on June 10, 2005. The assessment results show cancer incidence less than 1.
Timetable:
Action
Date
FR Cite
NPRM-
10/00/05
Regulatory Flexibility Analysis Required: Undetermined
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, C439-04, Research Triangle Park, NC 27711
Phone: 919 541-0837
Fax: 919 541-0942
Email: markwordt.david@epamail.epa.gov
Laura McKelvey, Environmental Protection Agency, Air and Radiation,
C439-04, Research Triangle Park, NC 27711
Phone: 919 541-5497
Fax: 919 541-0942
Email: mckelvey.laura@epamail.epa.gov
RIN: 2060-AK09
-
NESHAP: GASOLINE DISTRIBUTION (STAGE I) RESIDUAL RISK AND MACT
STANDARDS REVIEW
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63
Legal Deadline: Final, Judicial, March 31, 2006.
Abstract: On December 14, 1994, we promulgated National Emission
Standards for Gasoline Distribution Facilities (Bulk Gasoline Terminals and Pipeline Breakout Stations) (59 FR 64318). The national emission standards limit and control hazardous air pollutants (HAP) that are known or suspected to cause cancer or have other serious health or environmental effects. Section 112(f)(2) of the Clean Air Act (CAA) directs EPA to assess the risk remaining (residual risk) after the application of national emission standards controls. Also, CAA section 112(d)(6) requires us to review and revise the national emission standards as necessary by taking into account developments in practices, processes, and control technologies. The proposal will announce a decision and request public comments on the residual risk assessment and technology review for the national emission standards.
To meet a consent deadline, EPA must promulgate this decision by March 31, 2006.
Timetable:
Action
Date
FR Cite
NPRM-
10/00/05
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: None
Additional Information: SAN No. 4655, EDocket No. OAR-2004-0019;
Agency Contact: Steve Shedd, Environmental Protection Agency, Air and
Radiation, C439-03, Research Triangle Park, NC 27711
Phone: 919 541-5397
Fax: 919 685-3195
Email: shedd.steve@epamail.epa.gov
Kent Hustvedt, Environmental Protection Agency, Air and Radiation,
C439-03, Research Triangle Park, NC 27711
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AK10
-
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.
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
Page 65236
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-
10/00/05
Regulatory Flexibility Analysis Required: Undetermined
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 27711
Phone: 919 541-2837
Fax: 919 541-3207
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AK16
-
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, April 28, 2006, court ordered deadline for final rule.
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 27,000 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 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-
12/00/06
Final Action-
12/00/07
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
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@epa.gov
RIN: 2060-AK20
-
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.
Timetable:
Action
Date
FR Cite
NPRM-
05/00/07
Final Action-
To Be
Determined
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: 919 541-5689
Email: dail.lynn@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@epa.gov
RIN: 2060-AK21
-
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;
Page 65280
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@epa.gov
RIN: 2060-AK24
-
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-
07/00/07
Final Action-
07/00/08
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, Research Triangle Park, NC 27711
Phone: 919 541-0884
Fax: 919 541-0246
Email: lucas.bob@epamail.epa.gov
Kent Hustvedt, Environmental Protection Agency, Air and Radiation,
C439-03, Research Triangle Park, NC 27711
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AK25
-
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 tanks and, if warranted, to develop new risk based standards.
Timetable:
Action
Date
FR Cite
NPRM-
03/00/07
Final Action-
05/00/08
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 27711
Phone: 919 541-2837
Fax: 919 541-3207
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AK72
-
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 - Delisting-
06/00/07
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4751;
Page 65281
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
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
Fax: 919 541-0840
Email: guinnup.dave@epamail.epa.gov
RIN: 2060-AK73
-
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-
11/00/06
Regulatory Flexibility Analysis Required: 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
Fax: 919 541-0840
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
Fax: 919 541-0840
Email: guinnup.dave@epamail.epa.gov
RIN: 2060-AK84
-
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
Final Action-
To Be
Determined
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@epa.gov
RIN: 2060-AK12
-
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
Page 65282
emission standards, as necessary, to provide an ample margin of safety.
Timetable:
Action
Date
FR Cite
NPRM-
10/00/07
Final Action-
To Be
Determined
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,
C504-04, Research Triangle Park , NC 27711
Phone: 919 541-5335
Fax: 919 541-3470
Email: dunkins.robin@epa.gov
RIN: 2060-AK15
-
INTERSTATE OZONE TRANSPORT: RULEMAKING ON SECTION 126 PETITIONS
FROM THE DISTRICT OF COLUMBIA, DELAWARE, MARYLAND, AND NEW JERSEY
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7426
CFR Citation: 40 CFR 52; 40 CFR 97
Legal Deadline: Final, Statutory, December 14, 1999, The rulemaking includes action on four separate petitions. See Additional Information.
Abstract: In April through July 1999, three Northeastern States (New
Jersey, Maryland, and Delaware) and the District of Columbia submitted individual petitions to EPA in accordance with section 126 of the Clean
Air Act (CAA). Each petition specifically requests that EPA make a finding that nitrogen oxides (NOx) emissions from certain stationary sources in other States significantly contribute to ozone nonattainment and maintenance problems with respect to the 1-hour and 8-hour ozone standards in the petitioning State. If EPA makes such a finding of significant contribution, EPA is authorized to establish Federal emissions limits for the sources. The petitions rely on the analyses from EPA's NOx SIP call. The sources targeted by the petitions are large electricity generating units and large non-electricity generating units, as defined in EPA's NOx SIP call. The EPA took rulemaking action on similar petitions from eight other Northeastern States that were submitted in 1997.
Timetable:
Action
Date
FR Cite
NPRM
To Be
Determined
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: Undetermined
Federalism: Undetermined
Additional Information: SAN 4383. There is a different statutory deadline associated with each petition based on the date of receipt by
EPA: New Jersey - 12/14/99, Maryland - 01/01/00, Delaware - 02/10/00,
District of Columbia - 03/07/00
Agency Contact: Carla Oldham, Environmental Protection Agency, Air and
Radiation, C539-02, Research Triangle Park, NC 27711
Phone: 919 541-3347
Fax: 919 541-0824
Email: oldham.carla@epamail.epa.gov
David Cole, Environmental Protection Agency, Air and Radiation, MD-15,
C539-02, Research Triangle Park, NC 27711
Phone: 919 541-5565
Fax: 919 541-0824
Email: cole.david@epa.gov
RIN: 2060-AI99
-
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 Doyal, Environmental Protection Agency, Air and
Radiation, 6405J, Washington, DC 20460
Phone: 202 343-9258
RIN: 2060-AI03
-
SELECTION OF SEQUENCE OF MANDATORY SANCTIONS TO BE APPLIED
PURSUANT TO SECTION 502 OF THE CLEAN AIR ACT
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7661a(d); 42 USC 7661a(g); 42 USC 7661a(i)
CFR Citation: 40 CFR 70
Legal Deadline: None
Abstract: This rule would establish the order of sanctions for operating permits program deficiencies under the mandatory sanctions provisions of title V of the Clean Air Act. This rule would stipulate that an emission offset sanction applies first and a highway funding sanction six months later. Sanction application under section 502 of the Clean Air Act is automatic under the timeframes prescribed once EPA
Page 65283
selects the sanction order; EPA's only discretion concerns the ordering of sanctions as discussed above. Thus, the only relevant potential impact is the effect of applying, as a general matter, the emission offset sanction six months before the highway sanction. The EPA does not believe this will have a significant impact given the short period of time the offset sanction will apply before the highway sanction would apply when States fail to correct title V deficiencies. Moreover,
EPA also believes that, in the event applying the highway sanction is not necessary six months following the offset sanction, because the
State has corrected the deficiency prompting the finding, applying the offset sanction first eliminates the need for EPA and other agencies to bear the greater administrative and implementation burden of having to effectuate the highway sanction.
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. 4700;
Agency Contact: Scott Voorhees, Environmental Protection Agency, Air and Radiation, C304-04, Research Triangle Park, NC 27711
Phone: 919 541-5348
Fax: 919 541-5509
Email: voorhees.scott@epamail.epa.gov
Ray Vogel, Environmental Protection Agency, Air and Radiation, C304-03,
Research Triangle Park, NC 27711
Phone: 919 541-3153
Fax: 919 541-5509
Email: vogel.ray@epamail.epa.gov
RIN: 2060-AK46
-
PERFORMANCE WARRANTY AND INSPECTION/MAINTENANCE TEST PROCEDURES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7541; 42 USC 7601
CFR Citation: 40 CFR 51; 40 CFR 85
Legal Deadline: None
Abstract: This action establishes a new short test procedure for use in
I/M programs required by the Clean Air Act Amendments of 1990. Vehicles that are tested and failed using this procedure and that meet eligibility requirements established by the act would be eligible for free warranty repair from the manufacturers.
Timetable:
Action
Date
FR Cite
NPRM-
12/00/06
Final Action-
01/00/07
Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses
Government Levels Affected: Undetermined
Additional Information: SAN No. 3263;
Agency Contact: David Sosnowski, Environmental Protection Agency, Air and Radiation, NFEVL, Ann Arbor, MI 48105
Phone: 734-214-4823
Email: sosnowski.david@epamail.epa.gov
RIN: 2060-AE20
-
INSPECTION/MAINTENANCE RECALL REQUIREMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7511(a)(2)(b); 42 USC 7511(a)(2)(b)(2)
CFR Citation: 40 CFR 51
Legal Deadline: None
Abstract: This action specifies requirements for enhanced I/M programs to establish a program to ensure compliance with recall notices. This is pursuant to the Clean Air Act Amendments of 1990.
Timetable:
Action
Date
FR Cite
NPRM-
10/00/06
Final Action-
05/00/07
Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 3262;
Agency Contact: David Sosnowski, Environmental Protection Agency, Air and Radiation, NFEVL, Ann Arbor, MI 48105
Phone: 734-214-4823
Email: sosnowski.david@epamail.epa.gov
RIN: 2060-AE22
-
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-
11/00/06
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
-
INSPECTION/MAINTENANCE PROGRAM REQUIREMENTS FOR FEDERAL
FACILITIES; AMENDMENT
Priority: Other Significant
Legal Authority: 23 USC 101; 42 USC 7401 et seq
CFR Citation: 40 CFR 51 (Revision); 40 CFR 93 (New)
Legal Deadline: None
Abstract: The Environmental Protection Agency (EPA) has had oversight and policy development authority for Inspection and Maintenance (I/M) programs since the
Page 65284
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
NPRM-
12/00/06
Final Action-
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
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
-
CALIFORNIA GASOLINE TECHNICAL CORRECTION
Priority: Info./Admin./Other
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, 4206, Ann Arbor, MI 48105
Phone: 734 214-4287
Fax: 734 214-4051
Email: brunner.christine@epamail.epa.gov
RIN: 2060-AK56
-
VOLUNTARY SUPERIOR MONITORING
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: 40 CFR 60 to 61; 40 CFR 63; 40 CFR 70; 40 CFR 71
Legal Deadline: None
Abstract: The Voluntary Superior Monitoring (VSM) project has been revised from a regulatory to non-regulatory effort. Initially, the VSM project was designed to provide incentives to industry to induce them to conduct better or ``superior'' emissions monitoring than what is required through regulation and permitting. We had planned to revise the parts 60, 61, and 63 general provisions to allow sources an option to install and operate better emissions monitoring (than what is regulatorily required) in return for incentives. This approach was deemed unworkable; therefore we revised the goals of the VSM project to aim for identifying opportunities for better or superior monitoring in new rulemakings. Thus, the focus of VSM now is to work with EPA regulation writers to find rules that would benefit from voluntary upgrades of emissions monitoring. For example, we have inserted language in an upcoming rule that allows states to receive SIP credits for requiring sources to install better emissions monitors. This is a
``win-win'' situation. Sources install the superior monitors, find problems sooner, correct them quicker, and emit less pollutants. This measure can save sources money in maintenance of control devices while emitting less pollutants. Additionally, this measure is much less expensive, but just as effective, than other control measures.
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. 4783;
Sectors Affected: 325 Chemical Manufacturing; 332 Fabricated Metal
Product Manufacturing; 337 Furniture and Related Product Manufacturing; 333 Machinery Manufacturing; 327 Nonmetallic Mineral Product
Manufacturing; 322 Paper Manufacturing; 324 Petroleum and Coal Products
Manufacturing; 326 Plastics and Rubber Products Manufacturing; 331
Primary Metal Manufacturing; 323 Printing and Related Support
Activities; 336 Transportation Equipment Manufacturing; 221 Utilities; 321 Wood Product Manufacturing
Agency Contact: Tom Driscoll, Environmental Protection Agency, Air
Page 65285
and Radiation, D205-02, Research Triangle Park, NC 27711
Phone: 919 541-5135
Fax: 919 541-0516
Email: driscoll.tom@epamail.epa.gov
Barrett Parker, Environmental Protection Agency, Air and Radiation, EN- 341W, D243-02, Research Triangle Park, NC 27711
Phone: 919 541-5635
Fax: 919 541-1039
Email: parker.barrett@epamail.epa.gov
RIN: 2060-AK85
-
LIFTING THE STAY OF THE EIGHT-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: State, Local
Additional Information: SAN No. 4797;
Agency Contact: Jan King, Environmental Protection Agency, Air and
Radiation, C539-02, Research Triangle Park, NC 27711
Phone: 919 541-5665
Email: king.jan@epa.gov
Doug Grano, Environmental Protection Agency, Air and Radiation, C539- 02, Research Triangle Park, NC 27711
Phone: 919 541-3292
Fax: 919 541-0824
Email: grano.doug@epa.gov
RIN: 2060-AL84
-
DEFERRAL OF EFFECTIVE DATE OF NONATTAINMENT DESIGNATIONS FOR 8-
HOUR OZONE NATIONAL AMBIENT AIR QUALITY STANDARDS FOR EARLY ACTION
COMPACT AREAS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7407; 42 USC 7601
CFR Citation: 40 CFR 81
Legal Deadline: None
Abstract: EPA is proposing to defer the effective date of nonattainment air quality designations for ``Early Action Compact Areas'' that are violating the 8-hour ozone national ambient air quality standard, but have agreed to reduce ground-level ozone pollution earlier than the
Clean Air Act requires. This proposal establishes the first of three dates by which EPA would defer the effective date of nonattainment designations for any of these areas that continues to meet all compact milestones. In a separate action, EPA will designate these areas
``nonattainment'' by April 15, 2004; however, as long as Early Action
Compact areas meet agreed-upon milestones, the impact of nonattainment designation for the 8-hour ozone standard will be deferred until
September 30, 2005.
Timetable:
Action
Date
FR Cite
NPRM
12/16/03
68 FR 70108
Final Action
To Be
Determined
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: Local, State
Additional Information: SAN 4798. This action has been merged with SAN 4839. All further action will be under SAN 4839. SAN 4798 is hereby withdrawn.
Agency Contact: David Cole, Environmental Protection Agency, Air and
Radiation, MD-15, C539-02, Research Triangle Park, NC 27711
Phone: 919 541-5565
Fax: 919 541-0824
Email: cole.david@epa.gov
Valerie Broadwell, Environmental Protection Agency, Air and Radiation,
C539-02, Research Triangle Park, NC 27711
Phone: 919 541-3310
Fax: 919 541-0824
Email: broadwell.valerie@epamail.epa.gov
RIN: 2060-AL85
-
CONSIDERATION OF INDUSTRY PETITION TO REMOVE THE TWO-PIECE CAN
SUBCATEGORY FROM THE CLEAN AIR ACT HAZARDOUS AIR POLLUTANT SOURCE
CATEGORY LIST
Priority: Substantive, Nonsignificant
Legal Authority: 42 CFR 63
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
Page 65286
explanation of the denial. The Can Manufactures 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. A final decision on the merits of the petition has been delayed due to outstanding toxicological issues regarding 2 pollutants
(formaldehyde and ethylene glycol monobutyl ether (EGBE)), and due to a technically weak ecological assessment prepared by the petitioner.
Issues with formaldehyde and EGBE should be resolved soon and we are still awaiting an updated ecological assessment from the petitioner.
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: Kelly Rimer, Environmental Protection Agency, Air and
Radiation, C404-01, Research Triangle Park, NC 27711
Phone: 919 541-2962
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
Fax: 919 541-0840
Email: guinnup.dave@epamail.epa.gov
RIN: 2060-AL86
-
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
Fax: 919 541-0840
Email: guinnup.dave@epamail.epa.gov
RIN: 2060-AL93
-
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 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-
01/00/07
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4819;
Agency Contact: Hodayah Finman, Environmental Protection Agency, Air and Radiation, 6205 J, Washington, DC 20460
Phone: 202 343-9246
Fax: 202 565-2079
Email: finman.hodayah@epamail.epa.gov; hodayah finman/dc/usepa/ us@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
-
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: 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
Page 65287
(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 eight years [nine for the two-year bin standards] after the promulgation of the associated
MACT standard. The MACT rule for the mineral wool production source category was promulgated on June 1, 1999. Therefore, the statutory deadline for promulgating a residual risk rule (if necessary) for this source category is June 1, 2007.
Timetable:
Action
Date
FR Cite
NPRM-
06/00/07
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, Research Triangle Park, 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- 05, Research Triangle Park, NC 27711
Phone: 919 541-5356
Email: cozzie.david@epa.gov
RIN: 2060-AL96
-
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
Final Action-
To Be
Determined
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: Undetermined
Additional Information: SAN No. 4831;
Agency Contact: Maria Noell, Environmental Protection Agency, Air and
Radiation, C504-04, Research Triangle Park, NC 27711
Phone: 919 541-5607
Fax: 919 541-3470
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@epa.gov
RIN: 2060-AL99
-
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-
To Be
Determined
Regulatory Flexibility Analysis Required: No
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@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@epa.gov
RIN: 2060-AM00
-
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,
Page 65288
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@epa.gov
RIN: 2060-AM07
-
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% 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% 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 it's 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. 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: Undetermined
Government Levels Affected: Undetermined
Additional Information: SAN No. 4873;
Agency Contact: Susan Fairchild, Environmental Protection Agency, Air and Radiation, C-504-05, Research Triangle Park, 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- 05, Research Triangle Park, NC 27711
Phone: 919 541-5356
Email: cozzie.david@epa.gov
RIN: 2060-AM12
-
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),
Page 65289
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: Tony Wayne, Environmental Protection Agency, Air and
Radiation, C439-04, Research Triangle Park, NC 27711
Phone: 919 541-5439
Fax: 919 541-0942
Email: wayne.tony@epamail.epa.gov
Laura McKelvey, Environmental Protection Agency, Air and Radiation,
C439-04, Research Triangle Park, NC 27711
Phone: 919 541-5497
Fax: 919 541-0942
Email: mckelvey.laura@epamail.epa.gov
RIN: 2060-AM13
-
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;
Agency Contact: Jabeen Akhtar, Environmental Protection Agency, Air and
Radiation, 6205J, Washington, DC 20460
Phone: 202 343-9313
Fax: 202 564-2155
Email: akhtar.jabeen@epamail.epa.gov
RIN: 2060-AM15
-
NESHAP: OIL AND NATURAL GAS PRODUCTION FACILITIES--AREA SOURCE
RULE
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63.760 to 779
Legal Deadline: Final, Statutory, November 30, 2000.
NPRM, Judicial, June 30, 2005.
Final, Judicial, December 21, 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 that emit hazardous air pollutants (HAP) below the major source level of 10 tons/year of a single HAP and 25 tons/year of all HAP. As part of that strategy, several area-source categories were listed for regulation. Oil and Natural Gas (ONG) production sources was listed as one of those categories, and this rulemaking will address measures to control pollution from ONG facilities. Oil and natural gas production processes are known to emit benzene, toluene, ethyl-benzene and xylene.
In 1999, EPA promulgated the NESHAP for Oil and Natural Gas Production.
A supplemental proposal was published in the FR on July 8, 2005. We are now proposing two options - that the control requirements apply in all locations or to just facilities in Urban 1 and Urban 2 counties. The control requirements only apply to triethylene glycol dehydration units.
Timetable:
Action
Date
FR Cite
NPRM-
07/08/05
70 FR 39441
NPRM Comment Period End-
09/06/05
Final Action-
01/00/07
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: None
Additional Information: SAN No. 4875;
Agency Contact: Greg Nizich, Environmental Protection Agency, Air and
Radiation, C439-04, Research Triangle Park, NC 27711
Phone: 919 541-3078
Fax: 919 541-3207
Email: nizich.greg@epa.gov
Kent Hustvedt, Environmental Protection Agency, Air and Radiation,
C439-03, Research Triangle Park, NC 27711
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AM16
-
NESHAP: OIL AND NATURAL GAS PRODUCTION RESIDUAL RISK STANDARDS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63.760 to 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
Page 65290
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, C439-04, Research Triangle Park, NC 27711
Phone: 919 541-3078
Fax: 919 541-3207
Email: nizich.greg@epa.gov
Kent Hustvedt, Environmental Protection Agency, Air and Radiation,
C439-03, Research Triangle Park, NC 27711
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AM18
-
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- 05, Research Triangle Park, NC 27711
Phone: 919 541-5356
Email: cozzie.david@epa.gov
RIN: 2060-AM19
-
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 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
Fax: 919 541-3470
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@epa.gov
RIN: 2060-AM26
-
AREA SOURCE NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR
POLLUTANTS (NESHAP) FOR IRON AND STEEL FOUNDRIES
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 the EPA's stationary source air toxics program.
Section 112(k) 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. 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.
Timetable:
Action
Date
FR Cite
NPRM-
02/00/07
Final Action-
03/00/09
Regulatory Flexibility Analysis Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Undetermined
Federalism: Undetermined
Additional Information: SAN No. 4879;
Agency Contact: Conrad Chin, Environmental Protection Agency, Air and
Radiation, C439-02, Research Triangle Park, NC 27711
Phone: 919 541-1512
Email: chin.conrad@epamail.epa.gov
Page 65291
Steve Fruh, Environmental Protection Agency, Air and Radiation, C439- 02, Research Triangle Park, NC 27711
Phone: 919 541-2837
Fax: 919 541-3207
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AM36
-
NESHAP: AREA SOURCE STANDARDS--PLATING AND POLISHING
Priority: Substantive, Nonsignificant
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 the EPA's stationary source air toxics program.
Section 112(k) 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. 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-
10/00/06
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: Undetermined
Additional Information: SAN No. 4886;
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 27711
Phone: 919 541-2837
Fax: 919 541-3207
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AM37
-
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% 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-
01/00/07
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: Undetermined
Additional Information: SAN No. 4884;
Agency Contact: Jim Eddinger, Environmental Protection Agency, Air and
Radiation, C439-01, Research Triangle Park, NC 27711
Phone: 919 541-5426
Fax: 919 541-5450
Email: eddinger.jim@epa.gov
Robert J. 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@epamail.epa.gov
RIN: 2060-AM44
-
NESHAP: AREA SOURCE STANDARDS--CLAY CERAMICS INDUSTRY
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act sec 112
CFR Citation: 40 CFR 63
Legal Deadline: None
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 source categories 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.
Timetable:
Action
Date
FR Cite
NPRM-
12/00/06
Final Action-
12/00/07
Regulatory Flexibility Analysis Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4906;
Agency Contact: John Schaefer, Environmental Protection Agency, Air and
Radiation, C504-05, Research Triangle Park, NC 27711
Phone: 919 541-0296
Fax: 919 541-5600
Email: schaefer.john@epa.gov
David Cozzie, Environmental Protection Agency, Air and Radiation, C504- 05, Research Triangle Park, NC 27711
Phone: 919 541-5356
Email: cozzie.david@epa.gov
RIN: 2060-AM53
-
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 60; 40 CFR 61
Page 65292
Legal Deadline: None
Abstract: We continue to review and organize comments. Once completed, we will determine what, if any, additional action may be required, as well as the method for providing that action (policy vs. rule). The target date for a proposal, if needed, has been shifted to March 2006.
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
Agency Contact: Barrett Parker, Environmental Protection Agency, Air and Radiation, EN-341W, D243-02, Research Triangle Park, NC 27711
Phone: 919 541-5635
Fax: 919 541-1039
Email: parker.barrett@epamail.epa.gov
Peter Westlin, Environmental Protection Agency, Air and Radiation,
C339-02, Research Triangle Park, NC 27711
Phone: 919 541-1058
Email: westlin.peter@epamail.epa.gov
RIN: 2060-AM63
-
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 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 the EPA's stationary source air toxics program.
Section 112(k) requires the development of standards for area sources which account fro 90% of the emissions in urban areas of the 33 urban hazardous air pollutants (HAP) listed in the Integrated Urban Air
Toxics Strategy. These are 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. 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: No
Government Levels Affected: Undetermined
Federalism: Undetermined
Additional Information: SAN No. 4887;
Agency Contact: Karen Rackley, Environmental Protection Agency, Air and
Radiation, C439-02, Research Triangle Park, NC 27711
Phone: 919 541-0634
Fax: 919 541-3207
Email: rackley.karen@epamail.epa.gov
Steve Fruh, Environmental Protection Agency, Air and Radiation, C439- 02, Research Triangle Park, NC 27711
Phone: 919 541-2837
Fax: 919 541-3207
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AM69
-
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 percent of the emissions in urban areas of the 33 urban hazardous air pollutants (HAP) listed in the Integrated Urban Air Toxis 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: No
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: 919 541-5450
Email: rosario.iliam@epamail.epa.gov
Steve Fruh, Environmental Protection Agency, Air and Radiation, C439- 02, Research Triangle Park, NC 27711
Phone: 919 541-2837
Fax: 919 541-3207
Page 65293
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AM70
-
NESHAP FOR STAINLESS AND NONSTAINLESS STEEL ELECTRIC ARC FURNACE
(EAF) MANUFACTURING
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act Section 112
CFR Citation: 40 CFR 63
Legal Deadline: Final, Statutory, November 30, 2000.
Abstract: There are approximately 93 small steel mills (minimills) that melt steel scrap in 142 electric arc furnaces (EAF). Minimills account for roughly half of US steel production (50 million tons per year). The scrap charged to the furnace is the source of HAP emissions. A major source of scrap is recycled automobiles, which may contain mercury switches, lead components, oil, grease, plastics, and other materials that can contribute to HAP emissions. Pollutants of interest for the
EAF NESHAP are manganese, lead, chromium, nickel, and mercury.
Timetable:
Action
Date
FR Cite
NPRM-
11/00/06
Regulatory Flexibility Analysis Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Undetermined
Additional Information: SAN No. 4889, EDocket No. OAR-2004-0083;
Agency Contact: Mary Kissell, Environmental Protection Agency, Air and
Radiation, C439-03, Research Triangle Park, NC 27711
Phone: 919 541-4516
Fax: 919 685-3219
Email: kissell.mary@epa.gov
Steve Fruh, Environmental Protection Agency, Air and Radiation, C439- 02, Research Triangle Park, NC 27711
Phone: 919 541-2837
Fax: 919 541-3207
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AM71
-
NESHAP: GASOLINE DISTRIBUTION STAGE I--AREA SOURCE STANDARDS
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act sec 112
CFR Citation: 40 CFR 63
Legal Deadline: NPRM, Judicial, October 31, 2006.
Final, Judicial, December 20, 2007.
Abstract: The Clean Air Act (CAA) includes two provisions--sections 112(c)(3) and 112(k)(3)(B)(ii)--that instruct us to identify and list source categories that contribute to the emissions of the 30 ``listed''
(or area source) Hazardous Air Pollutants(HAP), and that are, or will be, subject to standards under section 112 of the CAA. EPA listed
``Gasoline Distribution Stage I'' as a new area source category in the
Integrated Urban Strategy for National Air Toxics Program (July 19, 1999, 40 FR 38706). Further, we agreed under a 2003 consent agreement to propose a rule for this area source category on or before October 31, 2006, and promulgate a final rule by December 20, 2007. No definitions are published for ``Gasoline Distribution Stage I'' area sources. However, Stage I is generally understood to include gasoline storage and transfer operations as gasoline is moved from the production refinery process units to and including the gasoline station storage tank. Stage II refers to vehicle refueling operation part of a gasoline station and is regulated under CAA sections 182(b)(3) and 202(a)(6). These rules will cover area sources within this source category. Area sources emit or have a potential to emit less than 10 tons per year of any single HAP or less than 25 tons per year of total
HAP. The higher emitting sources (major sources) in this industry are already regulated (40 CFR 63, subpart R) under CAA section 112 national emission standards.
Timetable:
Action
Date
FR Cite
NPRM-
11/00/06
Final Action-
01/00/08
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: None
Additional Information: SAN No. 4907;
Agency Contact: Stephen Shedd, Environmental Protection Agency, Air and
Radiation, C439-03, Research Triangle Park, NC 27711
Phone: 919 541-5397
Fax: 919 685-3195
Email: shedd.stev@epa.gov
RIN: 2060-AM74
-
NESHAP: TACONITE IRON ORE PROCESSING; AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: Clean Air Act sec 112
CFR Citation: 40 CFR 63
Legal Deadline: None
Abstract: EPA promulgated National Emission Standards for Hazardous Air
Pollutants (NESHAP) for Taconite Iron Ore Processing on October 30, 2003 (68 FR 61867). EPA was subsequently petitioned by National
Wildlife Federation (NWF) concerning several technical issues, including the alleged failure for EPA to establish emission standards for mercury and asbestos. EPA has decided to voluntarily remand both the mercury and asbestos sections of the rule. The motions for both remands were granted by the United States Court of Appeals.
Timetable:
Action
Date
FR Cite
NPRM-
03/00/07
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: State
Additional Information: SAN No. 4929;
Agency Contact: Conrad Chin, Environmental Protection Agency, Air and
Radiation, C439-02, Research Triangle Park, NC 27711
Phone: 919 541-1512
Email: chin.conrad@epamail.epa.gov
Steve Fruh, Environmental Protection Agency, Air and Radiation, C439- 02, Research Triangle Park, NC 27711
Phone: 919 541-2837
Fax: 919 541-3207
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AM87
-
[bull] NESHAP: SITE REMEDIATION AMENDMENTS--RESPONSE TO LITIGATION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 7412
CFR Citation: 40 CFR 63 subpart GGGGG
Page 65294
Legal Deadline: None
Abstract: The Site Remediation regulation was promulgated on October 8, 2003. We were challenged by the Sierra Club on several provisions in the rule. We anticipate that settlement negotiations will result in certain revisions to the rule's requirements. The revisions could remove an exemption for certain sources thereby increasing the compliance costs of the final rule by up to $7.7 million.
Timetable:
Action
Date
FR Cite
NPRM-
12/00/06
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4866.1, EDocket No. OAR-2002-0021;
Split from RIN 2060-AM30.
Agency Contact: Greg Nizich, Environmental Protection Agency, Air and
Radiation, C439-04, Research Triangle Park, NC 27711
Phone: 919 541-3078
Fax: 919 541-3207
Email: nizich.greg@epa.gov
Kent Hustvedt, Environmental Protection Agency, Air and Radiation,
C439-03, Research Triangle Park, NC 27711
Phone: 919 541-5395
Fax: 919 541-0246
Email: hustvedt.ken@epa.gov
RIN: 2060-AN36
-
[bull] 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
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 27711
Phone: 919 541-2837
Fax: 919 541-3207
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AN44
-
[bull] 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.
Timetable:
Action
Date
FR Cite
NPRM-
10/00/08
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: None
Additional Information: SAN No. 5013;
Agency Contact: Karen Rackley, Environmental Protection Agency, Air and
Radiation, C439-02, Research Triangle Park, NC 27711
Phone: 919 541-0634
Fax: 919 541-3207
Email: rackley.karen@epamail.epa.gov
Steve Fruh, Environmental Protection Agency, Air and Radiation, C439- 02, Research Triangle Park, NC 27711
Phone: 919 541-2837
Fax: 919 541-3207
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AN45
-
[bull] 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;
Page 65295
Agency Contact: Jeff Telander, Environmental Protection Agency, Air and
Radiation, C504-05, Washington, DC 27711
Phone: 919 541-5427
Email: telander.jeff@epamail.epa.gov
David Cozzie, Environmental Protection Agency, Air and Radiation, C504- 05, Research Triangle Park, NC 27711
Phone: 919 541-5356
Email: cozzie.david@epa.gov
RIN: 2060-AN46
-
[bull] 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, Washington, DC 27711
Phone: 919 541-5427
Email: telander.jeff@epamail.epa.gov
David Cozzie, Environmental Protection Agency, Air and Radiation, C504- 05, Research Triangle Park, NC 27711
Phone: 919 541-5356
Email: cozzie.david@epa.gov
RIN: 2060-AN47
Environmental Protection Agency (EPA)
Completed Actions
Clean Air Act (CAA)
-
IMPLEMENTATION RULE FOR 8-HOUR OZONE NAAQS - PHASE 1
Priority: Other Significant. Major under 5 USC 801.
CFR Citation: 40 CFR 51; 40 CFR 50; 40 CFR 81
Completed:
Reason
Date
FR Cite
Final Action - Phase 1-
04/30/04
69 FR 23951
Final Rule - Notice of
Reconsideration; Section 185 fees and Timing for Determining
Applicable Requi
05/26/05
70 FR 30592
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-AJ99
-
CLEAN AIR MERCURY RULE--ELECTRIC UTILITY STEAM GENERATING UNIT
MACT
Priority: Economically Significant. Major under 5 USC 801.
CFR Citation: 40 CFR 60; 40 CFR 72; 40 CFR 75
Completed:
Reason
Date
FR Cite
NPRM-
01/30/04
69 FR 4754
Supplemental NPRM-
03/16/04
69 FR 12298
Notice, Reopen Comment Period- 05/05/04
69 FR 25052
NODA-
12/01/04
69 FR 69864
Final Action-
05/18/05
70 FR 28606
Notice -
08/30/05
70 FR 51266
Regulatory Flexibility Analysis Required: No
Small Entities Affected: Governmental Jurisdictions
Government Levels Affected: Federal, Local, State, Tribal
Energy Effects: Statement of Energy Effects planned as required by
Executive Order 13211.
Agency Contact: Robert Wayland
Phone: 919 541-1045
Fax: 919 541-5450
Email: wayland.robertj@epa.gov
Bill Maxwell
Phone: 919 541-5430
Fax: 919 541-5450
Email: maxwell.bill@epamail.epa.gov
RIN: 2060-AJ65
-
NESHAP: ETHYLENE PROCESSES; AMENDMENTS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63 subparts XX and YY
Completed:
Reason
Date
FR Cite
Direct Final Rule-
04/13/05
70 FR 19266
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Warren Johnson
Phone: 919 541-5124
Fax: 919 541-3470
Email: johnson.warren@epa.gov
Robin Dunkins
Phone: 919 541-5335
Fax: 919 541-3470
Email: dunkins.robin@epa.gov
RIN: 2060-AK80
-
RESCINDING FINDING THAT PREEXISTING PM10 STANDARDS ARE NO LONGER
APPLICABLE IN NORTHERN ADA COUNTY/BOISE, IDAHO
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 50.6(d); 40 CFR 52.676; 40 CFR 81.313
Page 65296
Completed:
Reason
Date
FR Cite
Final Rule
12/22/00
65 FR 80776
NPRM
07/30/03
68 FR 44715
Final Action
10/27/03
68 FR 61106
Regulatory Flexibility Analysis Required: No
Small Entities Affected: Governmental Jurisdictions
Government Levels Affected: Local, State
Agency Contact: Gary Blais
Phone: 919 541-3223
Fax: 919 541-5489
Email: blais.gary@epamail.epa.gov
Geoffrey Wilcox
Phone: 202 564-5601
Email: wilcox.geoffrey@epamail.epa.gov
RIN: 2060-AJ05
-
CLEAN AIR VISIBILITY RULE
Priority: Economically Significant. Major under 5 USC 801.
CFR Citation: 40 CFR 51.308(e)(1); 40 CFR 51 app Y (New)
Completed:
Reason
Date
FR Cite
NPRM-
07/20/01
66 FR 38108
Supplemental NPRM-
05/05/04
69 FR 25184
Final Action-
07/06/05
70 FR 39104
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: Federal, Local, State, Tribal
Agency Contact: Kathy Kaufman
Phone: 919 541-0102
Fax: 919 541-5489
Email: kaufman.kathy@epa.gov
Todd Hawes
Phone: 919 541-5591
Fax: 919 541-5489
Email: hawes.todd@epa.gov
RIN: 2060-AJ31
-
CONTROL OF HAZARDOUS AIR POLLUTANTS FROM MOBILE SOURCES: DEFAULT
BASELINE REVISION
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 80
Completed:
Reason
Date
FR Cite
Final Action
10/06/05
70 FR 58330
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Christine Brunner
Phone: 734 214-4287
Fax: 734 214-4051
Email: brunner.christine@epamail.epa.gov
Paul Cort
Phone: 415 972-3921
Fax: 415 972-3570
Email: cort.paul@epamail.epa.gov
RIN: 2060-AJ97
-
CLEAN AIR INTERSTATE RULE (FORMERLY TITLED: INTERSTATE AIR QUALITY
RULE)
Priority: Economically Significant. Major under 5 USC 801.
CFR Citation: 40 CFR 51; 40 CFR 72; 40 CFR 73; 40 CFR 74; 40 CFR 77; 40
CFR 78; 40 CFR 96
Completed:
Reason
Date
FR Cite
NPRM-
06/10/04
69 FR 32684
Notice-
08/06/04
69 FR 47828
Final Action-
05/12/05
70 FR 25162
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.
Agency Contact: Carla Oldham
Phone: 919 541-3347
Fax: 919 541-0824
Email: oldham.carla@epamail.epa.gov
Joe Paisie
Phone: 919 541-5556
Fax: 919 541-5489
Email: paisie.joe@epa.gcv
RIN: 2060-AL76
-
AMENDMENTS TO THE NESHAP FOR CELLULOSE PRODUCTS MANUFACTURING
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63 (Revision)
Completed:
Reason
Date
FR Cite
Notice-
06/24/05
70 FR36523
NPRM-
08/10/05
70 FR 46701
Direct Final Rule-
08/10/05
70 FR 46683
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Bill Schrock
Phone: 919 541-5032
Fax: 919 541-3470
Email: schrock.bill@epa.gov
Robin Dunkins
Phone: 919 541-5335
Fax: 919 541-3470
Email: dunkins.robin@epa.gov
RIN: 2060-AL91
-
CLEAN AIR FINE PARTICLE DESIGNATIONS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 81
Completed:
Reason
Date
FR Cite
Final Action-
01/05/05
70 FR 944
Final Correction-
04/14/05
70 FR 19844
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: Federal, Local, State, Tribal
Agency Contact: Larry Wallace
Phone: 919 541-0906
Fax: 919 541-5489
Email: wallace.larry@epa.gov
Rich Damberg
Phone: 919 541-5592
Fax: 919 541-5489
Email: damberg.rich@epamail.epa.gov
RIN: 2060-AM04
-
NESHAP: ASPHALT PROCESSING AND ASPHALT ROOFING MANUFACTURING--
AMENDMENTS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63 (revision)
Completed:
Reason
Date
FR Cite
NPRM-
05/17/05
70 FR 28366
Direct Final Rule-
05/17/05
70 FR 28360
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Page 65297
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
Email: cozzie.david@epa.gov
RIN: 2060-AM10
-
CONTROL OF AIR POLLUTION FROM NEW MOTOR VEHICLES: IN-USE, NOT-TO-
EXCEED EMISSION STANDARD TESTING FOR HEAVY-DUTY DIESEL ENGINES AND
VEHICLES
Priority: Other Significant
CFR Citation: 40 CFR 86; 40 CFR 1065
Completed:
Reason
Date
FR Cite
NPRM-
06/10/04
69 FR 32804
Final Action-
06/14/05
70 FR 34594
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Rich Wilcox
Phone: 734 214-4390
Email: wilcox.rich@epamail.epa.gov
Rick Gezelle
Phone: 202 343-9267
Email: gezelle.rick@epamail.epa.gov
RIN: 2060-AM17
-
NESHAP: REINFORCED PLASTIC COMPOSITES--AMENDMENTS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63.5780 to 63.5935 (revisions)
Completed:
Reason
Date
FR Cite
NPRM-
08/25/05
70 FR 50114
Direct Final Rule-
08/25/05
70 FR 50118
Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses
Government Levels Affected: None
Agency Contact: Keith Barnett
Phone: 919 541-5605
Fax: 919 541-5600
Email: barnett.keith@epamail.epa.gov
David Cozzie
Phone: 919 541-5356
Email: cozzie.david@epa.gov
RIN: 2060-AM23
-
TEST PROCEDURES FOR TESTING HIGHWAY AND NONROAD ENGINES AND
OMNIBUS TECHNICAL AMENDMENTS
Priority: Other Significant
CFR Citation: 40 CFR 1065
Completed:
Reason
Date
FR Cite
NPRM-
09/10/04
69 FR 54846
Final Action-
07/13/05
70 FR 40420
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Glenn Passavant
Phone: 734 214-4408
Email: passavant.glenn@epamail.epa.gov
RIN: 2060-AM35
-
PROTECTION OF STRATOSPHERIC OZONE: ALLOCATION OF ESSENTIAL USE
ALLOWANCES FOR CALENDAR YEAR 2005
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 82.4(n)
Completed:
Reason
Date
FR Cite
NPRM-
12/22/04
69 FR 76655
Supplemental NPRM-
02/23/05
70 FR 8753
Final Action-
08/24/05
70 FR 49836
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; hodayah finman/dc/usepa/ us@epamail.epa.gov
Marta Montoro
Phone: 202 343-9321
Fax: 202 343-2338
Email: montoro.marta@epamail.epa.gov
RIN: 2060-AM50
-
NATIONAL EMISSION STANDARDS FOR PHARMACEUTICALS PRODUCTION;
AMENDMENTS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
NPRM-
05/13/05
70 FR 25671
Direct Final Rule-
05/13/05
70 FR 25666
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@epa.gov
Robin Dunkins
Phone: 919 541-5335
Fax: 919 541-3470
Email: dunkins.robin@epa.gov
RIN: 2060-AM52
-
PREVENTION OF SIGNIFICANT DETERIORATION (PSD) AND NONATTAINMENT
NEW SOURCE REVIEW (NSR): ROUTINE MAINTENANCE, REPAIR AND REPLACEMENT
(RMRR) EQUIPMENT REPLACEMENT PROVISION (ERP); RECONSIDERATION
Priority: Other Significant
CFR Citation: 40 CFR 51.165; 40 CFR 51.166.; 40 CFR 52.21
Completed:
Reason
Date
FR Cite
NPRM-
07/01/04
69 FR 40278
Final Action-
06/10/05
70 FR 33838
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: Federal, State, Local, Tribal
Agency Contact: Dave Svendsgaard
Phone: 919 541-2380
Fax: 919 541-5509
Email: svendsgaard.dave@epamail.epa.gov
Lynn Hutchinson
Phone: 919 541-5795
Fax: 919 541-5509
Email: hutchinson.lynn@epamail.epa.gov
RIN: 2060-AM58
Page 65298
-
NESHAP: COKE OVENS: PUSHING, QUENCHING, AND BATTERY STACKS;
AMENDMENTS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63
Completed:
Reason
Date
FR Cite
NPRM-
10/13/04
69 FR 60837
Direct Final Rule-
10/13/04
69 FR 60813
Direct Final Rule Partial
Withdrawal-
01/10/05
70 FR 1670
Final Action-
08/02/05
70 FR 44285
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Bob Schell
Phone: 919 541-4116
Fax: 919 541-3207
Email: schell.bob@epamail.epa.gov
Steve Fruh
Phone: 919 541-2837
Fax: 919 541-3207
Email: fruh.steve@epamail.epa.gov
RIN: 2060-AM83
-
FEDERAL IMPLEMENTATION PLANS TO REDUCE INTERSTATE TRANSPORT OF
FINE PARTICULATE MATTER AND OZONE
Priority: Economically Significant. Major under 5 USC 801.
CFR Citation: 40 CFR 52
Completed:
Reason
Date
FR Cite
Withdrawn-
09/12/05
Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Businesses, Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal, Local, State, Tribal
Agency Contact: Carla Oldham
Phone: 919 541-3347
Fax: 919 541-0824
Email: oldham.carla@epamail.epa.gov
Joe Paisie
Phone: 919 541-5556
Fax: 919 541-5489
Email: paisie.joe@epa.gcv
RIN: 2060-AM93
-
TRANSPORTATION CONFORMITY AMENDMENTS FOR THE NEW PM 2.5 NAAQS
STANDARDS AND PM 2.5 PRECURSORS
Priority: Other Significant
CFR Citation: 40 CFR 51 and 93
Completed:
Reason
Date
FR Cite
Direct Final Rule-
05/06/05
70 FR 24280
Notice-
06/01/05
70 FR 31354
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-AN03
-
EXTENSION OF THE DEFERRED EFFECTIVE DATE OF NONATTAINMENT
DESIGNATIONS FOR 8-HOUR OZONE NAAQS FOR EARLY ACTION COMPACT AREAS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 81
Completed:
Reason
Date
FR Cite
NPRM-
06/08/05
70 FR 33409
Final Action-
08/29/05
70 FR 50988
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: Federal, Local, State
Agency Contact: Barbara Driscoll
Phone: 919 541-1051
Fax: 919 541-0824
Email: driscoll.barbara@epa.gov
David Cole
Phone: 919 541-5565
Fax: 919 541-0824
Email: cole.david@epa.gov
RIN: 2060-AN04
-
STAY OF THE FINDINGS OF SIGNIFICANT CONTRIBUTION AND RULEMAKING
FOR GEORGIA FOR PURPOSES OF REDUCING OZONE INTERSTATE TRANSPORT
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 51; 40 CFR 78; 40 CFR 97
Completed:
Reason
Date
FR Cite
Final Action (stay)-
08/31/05
70 FR 51591
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: State
Agency Contact: Jan King
Phone: 919 541-5665
Email: king.jan@epa.gov
Winifred Okoye
Phone: 202 564-5446
Email: okoye.winifred@epa.gov
RIN: 2060-AN06
-
FINDING OF FAILURE TO SUBMIT SECTION 110(A) SIP REQUIREMENTS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 52
Completed:
Reason
Date
FR Cite
Direct Final Rule-
04/25/05
70 FR 21147
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: State
Agency Contact: Larry Wallace
Phone: 919 541-0906
Fax: 919 541-5489
Email: wallace.larry@epa.gov
Joe Paisie
Phone: 919 541-5556
Fax: 919 541-5489
Email: paisie.joe@epa.gcv
RIN: 2060-AN07
-
NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS:
MISCELLANEOUS ORGANIC CHEMICAL MANUFACTURING--AMENDMENTS
Priority: Other Significant
CFR Citation: 40 CFR 63
Page 65299
Completed:
Reason
Date
FR Cite
Direct Final Rule
07/01/05
70 FR 38554
Direct Final Rule Partial
Withdrawal
08/30/05
70 FR 51269
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@epa.gov
Robin Dunkins
Phone: 919 541-5335
Fax: 919 541-3470
Email: dunkins.robin@epa.gov
RIN: 2060-AN09
-
PROTECTION OF STRATOSPHERIC OZONE: PROCESS FOR EXEMPTING CRITICAL
USES OF METHYL BROMIDE FOR THE 2005 SUPPLEMENTAL REQUEST
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 82
Completed:
Reason
Date
FR Cite
NPRM-
08/30/05
70 FR 51317
Direct Final Rule-
08/30/05
70 FR 51270
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
Hodayah Finman
Phone: 202 343-9246
Fax: 202 565-2079
Email: finman.hodayah@epamail.epa.gov; hodayah finman/dc/usepa/ us@epamail.epa.gov
RIN: 2060-AN13
-
CONTROL OF EMISSIONS OF AIR POLLUTION FROM DIESEL ENGINES AND
FUELS; AMENDMENTS TO THE NONROAD AND HIGHWAY DIESEL FUEL REGULATIONS
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 80 (Revision)
Completed:
Reason
Date
FR Cite
NPRM-
07/15/05
70 FR 40949
Direct Final Rule-
07/15/05
70 FR 40889
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Tia Sutton
Phone: 734 214-4018
Fax: 734 214-4816
Email: sutton.tia@epamail.epa.gov
Paul Machiele
Phone: 734 214-4264
Fax: 734 214-4816
Email: machiele.paul@epa.gov
RIN: 2060-AN19
-
[bull] IMPLEMENTATION RULE FOR 8-HOUR OZONE NAAQS: RECONSIDERATION
OF NSR ANTI-BACKSLIDING PROVISIONS
Priority: Other Significant
Legal Authority: 42 USC 7408; 42 USC 7410; 42 USC 7501 to 7511f; 42 USC 7601(a)(1)
CFR Citation: 40 CFR 51; 40 CFR 50; 40 CFR 81
Legal Deadline: None
Abstract: This rule was issued as a result of EPA's Reconsideration of the Phase 1 Rule to Implement the 8-Hour Ozone NAAQS as requested by
EarthJustice. Specifically, this rule addressed the NSR anti- backsliding requirements from the Phase 1 Rule. The Phase 1 Rule provided specific requirements for State and local air pollution control agencies and Tribes to prepare State implementation plans
(SIPs) and Tribal Implementation Plans (TIPs) under the 8-hour national ambient air quality standard (NAAQS) for ozone, published by EPA on
July 18, 1997. The Clean Air Act (CAA) requires EPA to set ambient air quality standards and requires States to submit SIPs to implement those standards. The 1997 standards were challenged in court, but in February 2001, the Supreme Court determined that EPA has authority to implement a revised ozone standard, but ruled that EPA must reconsider its implementation plan for moving from the 1-hour standard to the revised standard. The Supreme Court identified conflicts between different parts of the CAA related to implementation of a revised NAAQS, provided some direction to EPA for resolving the conflicts, and left it to EPA to develop a reasonable approach for implementation. Thus, the Phase 1
Rule addressed the requirements of the CAA and the Supreme Court's ruling.
Timetable:
Action
Date
FR Cite
NPRM - Notice of Reconsideration of NSR Anti-Backsliding
Provisions-
04/04/05
70 FR 17018
NPRM Comment Period End
05/04/05
Final Action-
07/08/05
70 FR 39413
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: Local, State, Tribal
Additional Information: SAN No. 4625.3; Split from RIN 2060-AJ99.
Agency Contact: John Silvasi, Environmental Protection Agency, Air and
Radiation, C539-02, Research Triangle Park, NC 27711
Phone: 919 541-5666
Fax: 919 541-0824
Email: silvasi.john@epa.gov
Denise Gerth, Environmental Protection Agency, Air and Radiation, C539- 02, Research Triangle Park, NC 27711
Phone: 919 541-5550
Fax: 919 541-0824
Email: gerth.denise@epa.gov
RIN: 2060-AN25
-
[bull] IMPLEMENTATION RULE FOR 8-HOUR OZONE NAAQS; FINAL
IDENTIFICATION OF OZONE AREAS FOR WHICH THE 1-HOUR STANDARD HAS BEEN
REVOKED AND TECHNICAL CORRECTIONS TO PHASE 1 RULE
Priority: Other Significant
Legal Authority: 42 USC 7401, et seq; 23 USC 101
CFR Citation: 40 CFR 51; 40 CFR 81
Legal Deadline: None
Abstract: This rule codifies the revocation of the 1-hour standard for those areas with effective 8-hour ozone designations (1-hour ozone
NAAQS was revoked on June 15, 2005 for all areas of the country except for 14 Early
Page 65300
Action Compact Areas). It identifies in 40 CFR part 81, subpart C the boundaries of 1-hour ozone areas and their designations and classifications that were in place as of the effective date of designation of the area for the 8-hour ozone NAAQS (effective date of 8-hour designations and classifications was June 15, 2004 for most areas of the country). Technical correction to Phase 1 rule: It eliminates subpart E of part 81 reserved in the Phase 1 rule for identification of the above 1-hour areas, since such are readily identified in this rule in subpart C.
Timetable:
Action
Date
FR Cite
Final Action-
08/03/05
70 FR 44470
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: Local, State, Tribal
Additional Information: SAN No. 4625.5; Split from RIN 2060-AJ99.
Agency Contact: Annie Nikbakhti, Environmental Protection Agency, Air and Radiation, C539-02, Research Triangle Park, NC 27711
Phone: 919 541-5246
Fax: 919 541-0824
Email: nikbakht.annie@epa.gov
Denise Gerth, Environmental Protection Agency, Air and Radiation, C539- 02, Research Triangle Park, NC 27711
Phone: 919 541-5550
Fax: 919 541-0824
Email: gerth.denise@epa.gov
RIN: 2060-AN27
Environmental Protection Agency (EPA)
Proposed Rule Stage
Atomic Energy Act (AEA)
-
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-
07/00/06
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
-
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-
08/00/06
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4003;
Agency Contact: Ray Clark, Environmental Protection Agency, Air and
Radiation, 6608J, Washington, DC 20460
Phone: 202 343-9198
Fax: 202 343-2065
Email: clark.ray@epamail.epa.gov
RIN: 2060-AH90
-
PESTICIDES; DATA REQUIREMENTS FOR BIOCHEMICAL AND MICROBIAL
PRODUCTS
Priority: Substantive, Nonsignificant
Legal Authority: 7 USC 136 to 136y
CFR Citation: 40 CFR 158
Legal Deadline: None
Page 65301
Abstract: EPA will update the data requirements necessary to register a biochemical or microbial pesticide product. The revisions will codify data requirements to reflect current regulatory and scientific standards. The data requirements will cover all scientific disciplines for biochemical and microbial pesticides, including product chemistry and residue chemistry, toxicology and environmental fate and effects.
The revision will not include plant incorporated protectants.
Timetable:
Action
Date
FR Cite
NPRM-
04/00/06
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: Federal
Additional Information: SAN No. 4596;
Sectors Affected: 32532 Pesticide and Other Agricultural Chemical
Manufacturing
URL For More Information: http://www.epa.gov/pesticides/regulating/data.htm
Agency Contact: Candace Brassard, Environmental Protection Agency,
Office of Prevention, Pesticides and Toxic Substances, 7506C,
Washington, DC 20460
Phone: 703 305-6598
Fax: 703 305-5884
Email: brassard.candace@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@epamail.epa.gov
RIN: 2070-AD51
-
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 proteins 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 proteins 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
Other/Supplemental NPRM 1
07/22/96
61 FR 37891
Other/Supplemental NPRM 2
05/16/97
62 FR 27132
Other/Supplemental NPRM 3
04/23/99
64 FR 19958
Other/Supplemental NPRM 4
07/19/01
66 FR 37855
Reproposal
09/00/06
Final Action
12/00/07
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 spliting 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
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
Environmental Protection Agency (EPA)
Final Rule Stage
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
-
PESTICIDE TOLERANCE REASSESSMENT PROGRAM
Priority: Routine and Frequent
Legal Authority: 21 USC 346(a) to (q)
CFR Citation: 40 CFR 180
Legal Deadline: Other, Statutory, August 3, 2006, See additional information.
Abstract: EPA will reassess pesticide tolerances and exemptions for raw and processed foods established prior to August 3, 1996, to determine whether they meet the reasonable certainty of no harm standard of the
Federal Food, Drug and Cosmetic Act (FFDCA). FFDCA sec. 408(q), as amended by the Food Quality Protection Act (FQPA) of 1996, requires that EPA conduct this reassessment on a phased 10-year schedule. Based on its reassessment, EPA will take the appropriate regulatory action(s) to modify or revoke tolerances. Since such actions are issued on a chemical-by-chemical basis and are exempt from inclusion in the
Regulatory Agenda, this Regulatory Agenda entry does not list the individual actions that are likely to
Page 65302
occur under this program. Instead, this entry is intended to note the statutory mandate for completing the reassessment by August 2006. For status information about the individual chemicals, go to http:// www.epa.gov/pesticides.
Timetable:
Action
Date
FR Cite
Final Action-
08/00/06
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4175; LEGAL DEADLINE CONT: EPA is required to complete reassessments on a phased schedule of: 33% by
August 3; 1999; 66% by August 3; 2002; and 100% by August 3; 2006. The
Agency will continue to assess pesticide tolerances throughout each year.
Sectors Affected: 32532 Pesticide and Other Agricultural Chemical
Manufacturing
URL For More Information: http://www.epa.gov/pesticides/regulating/tolerances.htm
Agency Contact: Robert McNally, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7508C, Washington, DC 20460
Phone: 703 308-8085
Fax: 703 308-8041
Email: mcnally.robert@epamail.epa.gov
Joseph Nevola, Environmental Protection Agency, Office of Prevention,
Pesticides and Toxic Substances, 7508C, Washington, DC 20460
Phone: 703 308-8037
Email: nevola.joseph@epamail.epa.gov
RIN: 2070-AD24
-
PROTECTIONS FOR TEST SUBJECTS IN HUMAN RESEARCH
Regulatory Plan: This entry is Seq. No. 126 in part II of this issue of the Federal Register.
RIN: 2070-AD57
-
PESTICIDE MANAGEMENT AND DISPOSAL; STANDARDS FOR PESTICIDE
CONTAINERS AND CONTAINMENT
Priority: Other Significant
Legal Authority: 7 USC 136(q) ``FIFRA sec 19''; 7 USC 136(a) ``FIFRA sec 3''; 7 USC 136(w) ``FIFRA sec 25''
CFR Citation: 40 CFR 156; 40 CFR 165
Legal Deadline: Final, Statutory, December 24, 1991.
Abstract: FIFRA sec. 19 gives EPA authority to regulate the management of pesticides and their containers, including storage, transportation and disposal. As proposed, this rule would establish standards for removal of pesticides from containers and for rinsing containers; facilitate the safe use, refill, reuse, and disposal of pesticide containers by establishing standards for container design, labeling and refilling; and establish requirements for containment of stationary bulk containers and for containment of pesticide dispensing areas.
Timetable:
Action
Date
FR Cite
NPRM original-
02/11/94
59 FR 6712
Supplemental NPRM 1-
10/21/99
64 FR 56918
Supplemental NPRM 2-
12/21/99
64 FR 71368
Notice: Partial Reopening of
Comment Period-
06/30/04
69 FR 39392
Notice: Extension of Comment
Period-
08/13/04
69 FR 50114
Final Action-
05/00/06
Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 2659, EDocket No. OPP-2004-0049;
Sectors Affected: 42291 Farm Supplies Wholesalers; 32532 Pesticide and
Other Agricultural Chemical Manufacturing; 11511 Support Activities for
Crop Production
URL For More Information: www.epa.gov/pesticides/regulating/containers.htm
Agency Contact: Nancy Fitz, Environmental Protection Agency, Office of
Prevention, Pesticides and Toxic Substances, 7506C, Washington, DC 20460
Phone: 703 305-7385
Fax: 703 308-3259
Email: fitz.nancy@epamail.epa.gov
Jude Andreasen, Environmental Protection Agency, Office of Prevention,
Pesticides and Toxic Substances, 7506C, Washington, DC 20460
Phone: 703 308-9342
Fax: 703 308-3259
Email: andreasen.jude@epamail.epa.gov
RIN: 2070-AB95
-
GROUNDWATER AND PESTICIDE MANAGEMENT PLAN RULE
Priority: Other Significant. Major under 5 USC 801.
Legal Authority: 7 USC 136(a) ``FIFRA sec 3''; 7 USC 136(w)
CFR Citation: 40 CFR 152.170
Legal Deadline: None
Abstract: This regulation as proposed would establish Pesticide
Management Plans (PMPs) as a new regulatory requirement for certain pesticides. Unless a State or tribal authority had an EPA-approved Plan specifying risk-reduction measures, use of the chemical would be prohibited. The rule would also specify procedures and deadlines for development, approval and modification of plans by States and tribal authorities. Several parameters of the program described in the proposed rule were reconsidered to determine whether the program could address water quality issues rather than ground-water only, and to determine the best partnership approach to implementation. During this period, the risk level associated with the named pesticides was reexamined and reduced. Moreover, since the proposal in 1996, many
States have adopted the original concept and framework of Pesticide
Management Plans and these programs are operational today. This experience and growth in knowledge has exceeded the requirements and specifications of the original proposal. Accordingly, EPA will withdraw the proposed Pesticide Management Plan rule in the near future.
Timetable:
Action
Date
FR Cite
NPRM-
06/26/96
61 FR 33259
Notice-
02/23/00
65 FR 8925
Supplemental NPRM-
03/24/00
65 FR 15885
Notice: Withdrawal-
10/00/05
Page 65303
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: Federal, State, Tribal
Additional Information: SAN No. 3222;
Sectors Affected: 9241 Administration of Environmental Quality Programs
Agency Contact: Arty Williams, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7506C, Washington, DC 20460
Phone: 703 305-5239
Fax: 703 308-3259
Email: williams.arty@epamail.epa.gov
RIN: 2070-AC46
-
PESTICIDES; PROCEDURES FOR THE REGISTRATION REVIEW PROGRAM
Regulatory Plan: This entry is Seq. No. 124 in part II of this issue of the Federal Register.
RIN: 2070-AD29
-
PESTICIDES; EMERGENCY EXEMPTION PROCESS REVISIONS
Regulatory Plan: This entry is Seq. No. 125 in part II of this issue of the Federal Register.
RIN: 2070-AD36
Environmental Protection Agency (EPA)
Long-Term Actions
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
-
PESTICIDES; DATA REQUIREMENTS FOR CONVENTIONAL CHEMICALS
Priority: Other Significant
Legal Authority: 7 USC 136 to 136y
CFR Citation: 40 CFR 158
Legal Deadline: None
Abstract: EPA is revising its data requirements for the registration of conventional pesticide products. In this action, the Agency is revising data requirements that pertain to product chemistry, toxicology, residue chemistry, applicator exposure, post-application exposure, nontarget terrestrial and aquatic organisms, nontarget plant protection, and environmental fate. When promulgated, the data requirements will reflect current scientific knowledge and understanding. These revisions will improve the Agency's ability to make regulatory decisions about the human health and environmental effects of pesticide products to better protect wildlife, the environment, and people, including sensitive subpopulations. Coupled with revision of data requirements, EPA is reformatting the requirements and revising its general procedures and policies associated with data submission. By codifying existing data requirements which are currently applied on a case-by-case basis, the pesticide industry, along with other partners in the regulated community, would attain a better understanding and could better prepare for the pesticide registration process.
Timetable:
Action
Date
FR Cite
NPRM-
03/11/05
70 FR 12277
Notice of Public Meeting-
04/01/05
70 FR 16785
NPRM: Extension of comment period-
06/08/05
70 FR 33414
Final Action-
03/00/07
Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 2687, EDocket No. OPP-2004-0387;
Sectors Affected: 32532 Pesticide and Other Agricultural Chemical
Manufacturing
URL For More Information: http://www.epa.gov/pesticides/regulating/data.htm
Agency Contact: Vera Au, Environmental Protection Agency, Office of
Prevention, Pesticides and Toxic Substances, 7506C, Washington, DC 20460
Phone: 703 308-9069
Fax: 703 305-5884
Email: au.vera@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@epamail.epa.gov
RIN: 2070-AC12
-
PESTICIDES; DATA REQUIREMENTS FOR ANTIMICROBIALS
Priority: Substantive, Nonsignificant
Legal Authority: 7 USC 136 to 136(y)
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
Page 65304
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@epamail.epa.gov
RIN: 2070-AD30
-
ENDOCRINE DISRUPTER SCREENING PROGRAM (EDSP); IMPLEMENTING THE
SCREENING AND TESTING PHASE
Priority: Other Significant. Major status under 5 USC 801 is undetermined.
Legal Authority: 15 USC 2603 ``TSCA''; 21 USC 346(a) ``FFDCA''; 42 USC 300(a)(17) ``SDWA''; 7 USC 136 ``FIFRA''
CFR Citation: Not Yet Determined
Legal Deadline: None
Abstract: The screening and testing phase of the Endocrine Disruptor
Screening Program (EDSP) potentially will encompass a broad range of types of chemicals, including pesticide chemicals, TSCA chemicals, chemicals that may be found in sources of drinking water, chemicals that may have an effect that is cumulative to the effect of a pesticide chemical, chemicals that are both pesticide chemicals and TSCA chemicals, and other chemicals that are combinations of these types of chemicals. EPA is developing the procedures and processes that the
Agency will use when implementing the screening and testing phase of the EDSP. Specifically, depending on decisions that the Agency makes regarding implementation of the testing phase of the EDSP, the action will describe the authorities that EPA may invoke to require testing by the chemical manufacturers and pesticide registrants and, if necessary, establish the process that the Agency will use to require the testing.
Timetable:
Action
Date
FR Cite
Policy/NPRM-
12/00/06
Regulatory Flexibility Analysis Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: None
Additional Information: SAN No. 4728; Split from RIN 2070-AD26. In
August 2000, the Agency submitted the required Status Report to
Congress. In March 2002, the Agency submitted the requested status report to Congress on the Endocrine Disruptor Methods Validation subcommittee under the National Advisory Council on Environmental
Policy and Technology.
URL For More Information: http://www.epa.gov/scipoly/oscpendo/index.htm
Agency Contact: Jane--Scott Smith, Environmental Protection Agency,
Office of Prevention, Pesticides and Toxic Substances, 7201M,
Washington, DC 20460
Phone: 202 564-8476
Fax: 202 564-8483
Email: smith.jane-scott@epa.gov
Joe 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@epa.gov
RIN: 2070-AD61
-
PESTICIDES; TOLERANCE PROCESSING FEES
Priority: Other Significant
Legal Authority: 21 USC 346(a)
CFR Citation: 40 CFR 180
Legal Deadline: None
Abstract: Section 408(m) of the Federal Food, Drug, and Cosmetic Act requires EPA to charge tolerance fees that, in the aggregate, will cover all costs associated with processing tolerance actions, including filing a tolerance petition, and establishing, modifying, leaving in effect, or revoking a tolerance or tolerance exemption. EPA developed a final rule that would have adjusted the fee structure and fee amounts for tolerance actions. A final rule completed OMB review on December 31, 2003, but has not been issued because the Consolidated
Appropriations Act of 2004, signed on January 23, 2004, prohibits EPA from collecting any tolerances fees until September 30, 2008. This prohibition was expanded in 2005 to include a prohibition on using
Federal funding to perform any work on a final tolerance fee rulemaking. As such, no rulemaking activities are currently planned.
Timetable:
Action
Date
FR Cite
NPRM
06/09/99
64 FR 31039
Supplemental NPRM
07/24/00
65 FR 45569
Supplemental NPRM 2
08/31/00
65 FR 52979
Final Action
To Be
Determined
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4027;
Sectors Affected: 32532 Pesticide and Other Agricultural Chemical
Manufacturing
URL For More Information: www.epa.gov/pesticides/regulating/fees/index.htm
Agency Contact: Lin Moos, Environmental Protection Agency, Office of
Prevention, Pesticides and Toxic Substances, 7506C, Washington, DC 20460
Phone: 703 305-0605
Fax: 703 305-5884
Email: moos.lin@epa.gov
RIN: 2070-AJ23
-
PLANT INCORPORATED PROTECTANTS (PIPS); EXEMPTION FOR THOSE DERIVED
THROUGH GENETIC ENGINEERING FROM SEXUALLY COMPATIBLE PLANTS
Priority: Other Significant
Legal Authority: 7 USC 136 et seq; 21 USC 346a et seq
CFR Citation: 40 CFR 174
Legal Deadline: None
Abstract: EPA is considering the addition of plant-incorporated protectants derived through genetic engineering from sexually compatible plants 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 derived through genetic
Page 65305
engineering from sexually compatible plants 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
Supplemental NPRM 5-
08/20/01
66 FR 43552
Final Action-
To Be
Determined
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4611; 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 spliting 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
URL For More Information: http://www.epa.gov/pesticides/biopesticides/pips/index.htm
Agency Contact: Elizabeth Milewski, Environmental Protection Agency,
Office of Prevention, Pesticides and Toxic Substances, 7202M,
Washington, DC 20460
Phone: 202 564-8492
Fax: 202 564-8501
Email: milewski.elizabeth@epamail.epa.gov
Janet Andersen, Environmental Protection Agency, Office of Prevention,
Pesticides and Toxic Substances, 7511C, Washington, DC 20460
Phone: 703 308-8712
Fax: 703 308-7026
Email: andersen.janet@epamail.epa.gov
RIN: 2070-AD55
-
PLANT INCORPORATED PROTECTANTS (PIPS); EXEMPTION FOR PIPS THAT ACT
BY PRIMARILY AFFECTING THE PLANT
Priority: Other Significant
Legal Authority: 7 USC 136 et seq; 21 USC 346a et seq
CFR Citation: 40 CFR 174
Legal Deadline: None
Abstract: EPA is considering the addition of plant-incorporated protectants (PIPs) that act by primarily affecting the plant 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''. 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 Original-
11/23/94
59 FR 60496
Supplemental NPRM-
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
Final Action (FFDCA)-
To Be
Determined
Final Action (FIFRA)-
To Be
Determined
NPRM (FFDCA)-
To Be
Determined
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4612; 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 spliting this piece into a separate Agenda entry so that it can continue to be tracked.
Sectors Affected: 111 Crop Production; 32532 Pesticide and Other
Agricultural Chemical Manufacturing; 54171 Research and Development in the Physical Sciences and Engineering Sciences
URL For More Information: http://www.epa.gov/pesticides/biopesticides/pips/index.htm
Agency Contact: Elizabeth Milewski, Environmental Protection Agency,
Office of Prevention, Pesticides and Toxic Substances, 7202M,
Washington, DC 20460
Phone: 202 564-8492
Fax: 202 564-8501
Email: milewski.elizabeth@epamail.epa.gov
Janet Andersen, Environmental Protection Agency, Office of Prevention,
Pesticides and Toxic Substances, 7511C, Washington, DC 20460
Phone: 703 308-8712
Fax: 703 308-7026
Email: andersen.janet@epamail.epa.gov
RIN: 2070-AD56
-
REVISION OF PROCEDURAL RULES FOR HEARINGS ON CANCELLATIONS,
SUSPENSIONS, CHANGES IN CLASSIFICATIONS, AND DENIALS OF PESTICIDE
REGISTRATIONS
Priority: Substantive, Nonsignificant
Legal Authority: 7 USC 136a(c) to 136a(d); 7 USC 136b(d) to 136b(f); 7
USC 136d(b) to 7 USC 136d(e); 7 USC 136w(a)
CFR Citation: 40 CFR 164 (Revision)
Legal Deadline: None
Abstract: EPA is preparing a comprehensive revision of the Rules of
Practice governing the conduct of licensing adjudications under the
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). The existing Rules of Practice were originally promulgated by EPA in 1973.
In the subsequent 30 years, Congress has substantially amended FIFRA, creating a number of additional types of licensing adjudications which are not expressly provided for in the existing Rules of Practice. In order to include provisions tailored to these new types of proceedings, and to incorporate the standard practices which have evolved and the precedents which have been established since these rules were first promulgated, EPA intends to comprehensively revise the FIFRA Rules of
Practice.
Page 65306
Timetable:
Action
Date
FR Cite
NPRM-
12/00/06
Final Action-
To Be
Determined
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4618;
Sectors Affected: 112 Animal Production; 111 Crop Production; 32532
Pesticide and Other Agricultural Chemical Manufacturing
Agency Contact: Scott Garrison, Environmental Protection Agency, Office of Enforcement and Compliance Assurance, 2333A, Washington, DC 20460
Phone: 202-564-4047
Fax: 202 564-5644
Email: garrison.scott@epamail.epa.gov
Robert Perlis, Environmental Protection Agency, Office of Enforcement and Compliance Assurance, 2333A, Washington, DC 20460
Phone: 202-564-5636
Fax: 202 564-5644
Email: perlis.robert@epamail.epa.gov
RIN: 2020-AA44
-
PESTICIDES; REGISTRATION REQUIREMENTS FOR ANTIMICROBIAL PESTICIDE
PRODUCTS
Priority: Substantive, Nonsignificant
Legal Authority: 7 USC 136(a)(h); 7 USC 136(w)
CFR Citation: 40 CFR 152
Legal Deadline: Final, Statutory, September 15, 2000, The Final Rule is due 240 days after close of comment period.
Abstract: This regulation will specify antimicrobial registration reforms that will reduce to the extent possible the review time for antimicrobial pesticides. The regulation will clarify criteria for completeness of applications, and will specify or refer to a definition of the various classes of antimicrobial pesticide use patterns and the associated data and labeling requirements that would be consistent with the degree and type of risk presented by each class. In addition, the regulation will also include labeling standards for public health antimicrobial products.
Timetable:
Action
Date
FR Cite
NPRM-
09/17/99
64 FR 50671
Notice-
11/16/99
64 FR 62145
Final Action 1-
12/14/01
66 FR 64759
Final Action 2-
To Be
Determined
Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 3892;
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/oppad001/regpolicy.htm
Agency Contact: 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@epamail.epa.gov
Cleo Pizana, Environmental Protection Agency, Office of Prevention,
Pesticides and Toxic Substances, 7510C, Washington, DC 20460
Phone: 703 308-6431
Email: pizana.cleo@epamail.epa.gov
RIN: 2070-AD14
-
[bull] PESTICIDES; COMPETENCY STANDARDS FOR OCCUPATIONAL USERS
Priority: Other Significant
Unfunded Mandates: Undetermined
Legal Authority: 7 USC 136; 7 USC 136i; 7 USC 136w
CFR Citation: 40 CFR 171; 40 CFR 156; 40 CFR 152
Legal Deadline: None
Abstract: The EPA is proposing change to Federal regulations guiding the certified pesticide applicator program (40 CFR 171). Change is sought to strengthen the regulations so that they may better protect pesticide applicators and the public from harm due to pesticide exposure. Changes would include having occupational users of pesticides demonstrate competency by meeting minimum competency requirements; ensuring that those who train on pesticide safety are competent; and requiring additional competency determinations of those who use the most toxic pesticides in a manner that could result in significant exposure to the public. The need for change arose from EPA discussions with key stakeholders. EPA has been in extensive discussions with stakeholders since 1997 when the Certification and Training Assessment
Group (CTAG) was established. CTAG is a forum used by regulatory and academic stakeholders to discuss the current state of, and the need for improvements in, the national certified pesticide applicator program.
Throughout these extensive interactions with stakeholders, EPA has learned of the need for changes to the regulation.
Timetable:
Action
Date
FR Cite
NPRM-
02/00/07
Regulatory Flexibility Analysis Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal, State, Tribal
Additional Information: SAN No. 5007;
Agency Contact: Jeanne Kasai, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7506C, Washington, DC 20460
Phone: 703 308-3240
Fax: 703 308-2962
Email: kasai.jeanne@epa.gov
Donald Eckerman, Environmental Protection Agency, Office of Prevention,
Pesticides and Toxic Substances, 7506C, Washington, DC 20460
Phone: 703 305-5062
Fax: 703 308-2962
Email: eckerman.donald@epamail.epa.gov
RIN: 2070-AJ20
-
[bull] PESTICIDES; AGRICULTURAL WORKER PROTECTION STANDARD
REVISIONS
Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined.
Unfunded Mandates: Undetermined
Legal Authority: 7 USC 136; 7 USC 136w
Page 65307
CFR Citation: 40 CFR 156; 40 CFR 170
Legal Deadline: None
Abstract: The EPA is developing a proposal to revise the Federal regulations guiding agricultural worker protection (40 CFR 170). The changes under consideration are expected to help agricultural workers protect themselves from potential hazards resulting from their potential exposure to pesticides and pesticide residues. EPA is proposing to make minor adjustments to improve and clarify current requirements and facilitate enforcement. Other changes sought are to establish a right-to-know Hazard Communication program and make improvements to pesticide safety training. The need for change arose from EPA discussions with key stakeholders beginning in 1996 and continuing through 2004. EPA held nine public meetings throughout the country during which the public submitted written and verbal comments on issues of their concern. In 2000 through 2004, EPA held meetings where invited stakeholders identified their issues and concerns with the regulations.
Timetable:
Action
Date
FR Cite
NPRM-
02/00/07
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: Undetermined
Additional Information: SAN No. 5006;
Agency Contact: Don Eckerman, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7506C, Washington, DC 20460
Phone: 703 305-5062
Fax: 703 308-2962
Email: eckerman.donald@epa.gov
Jeanne Kasai, Environmental Protection Agency, Office of Prevention,
Pesticides and Toxic Substances, 7506C, Washington, DC 20460
Phone: 703 308-3240
Fax: 703 308-2962
Email: kasai.jeanne@epa.gov
RIN: 2070-AJ22
Environmental Protection Agency (EPA)
Completed Actions
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
-
ENDOCRINE DISRUPTOR SCREENING PROGRAM (EDSP); CHEMICAL SELECTION
APPROACH FOR INITIAL ROUND OF SCREENING
Priority: Other Significant
CFR Citation: None
Completed:
Reason
Date
FR Cite
Notice: Final Approach-
09/27/05
70 FR 56449
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Mary Belefski
Phone: 202 564-8461
Fax: 202 564-8452
Email: belefski.mary@epa.gov
Gary Timm
Phone: 202 564-8474
Fax: 202 564-8482
Email: timm.gary@epa.gov
RIN: 2070-AD59
Environmental Protection Agency (EPA)
Prerule Stage
Toxic Substances Control Act (TSCA)
-
FUTURE TESTING FOR EXISTING CHEMICALS (OVERVIEW ENTRY)
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603 ``TSCA 4''; 15 USC 2611 ``TSCA 12''
CFR Citation: 40 CFR 790 to 799
Legal Deadline: None
Abstract: Section 4 of TSCA gives EPA the authority to require chemical manufacturers and processors to test existing chemicals. Under Section 4, EPA can by rule require testing after finding that (1) a chemical may present an unreasonable risk of injury to human health or the environment, and/or the chemical is produced and enters the environment in substantial quantities or there is or maybe significant or substantial human exposure to the chemical, (2) the available data to evaluate the chemical are inadequate, and (3) testing is needed to develop the needed data. The Chemical Testing Program in EPA's Office of Pollution Prevention and Toxics (OPPT) also works with members of the U.S. chemical industry to develop 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 rule-making 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. For chemicals that have been designated for priority testing consideration by the Interagency Testing Committee
(ITC) or recommended for testing consideration (for which the 12-month statutory requirement does not apply), the Agency will consider whether to require testing of the chemical through rulemaking, ECA or VTA, or will publish a notice which provides the reasons for not doing so in the case of a particular chemical. The Agency may also consider test rules, ECAs or VTAs for chemicals or categories of chemicals which have been identified for testing consideration by other Federal or other EPA offices through EPA review processes. This regulatory agenda entry is considered a ``generic entry'' because it is intended to alert the public that within the next 6 months the Agency may consider other chemicals for test rules, ECAs or VTAs that are not yet identified. A separate activity specific entry will be included in the regulatory agenda once the
Page 65308
Agency decides to develop a test rule, ECA or VTA.
Timetable:
Action
Date
FR Cite
Notice/ANPRM-
03/00/06
Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 3493;
Sectors Affected: 325 Chemical Manufacturing; 32411 Petroleum
Refineries
URL For More Information: www.epa.gov/oppt/chemtest
Agency Contact: 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@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-AB94
Environmental Protection Agency (EPA)
Proposed Rule Stage
Toxic Substances Control Act (TSCA)
-
LEAD-BASED PAINT ACTIVITIES; AMENDMENTS FOR RENOVATION, REPAIR AND
PAINTING
Regulatory Plan: This entry is Seq. No. 112 in part II of this issue of the Federal Register.
RIN: 2070-AC83
-
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-
12/00/05
Final Action: DOD Petition-
12/00/07
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
Tony Baney, Environmental Protection Agency, Office of Prevention,
Pesticides and Toxic Substances, 7404T, Washington, DC 20460
Phone: 202 566-0514
Fax: 202 566-0473
Email: baney.tony@epamail.epa.gov
RIN: 2070-AB20
-
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 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-
10/00/05
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
Page 65309
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 Ave, NW, Washington,
DC 20460
Phone: 202 564-9138
Email: cool.rebecca@epa.gov
RIN: 2070-AD58
-
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-
05/00/06
Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal
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@epamail.epa.gov
RIN: 2070-AB79
-
[bull] 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-
12/00/05
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 Ave, NW, Washington,
DC 20460
Phone: 202 566-0492
Email: wilson.nancy@epa.gov
RIN: 2070-AJ19
-
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
Page 65310
CFR Citation: 40 CFR 704; 40 CFR 721; 40 CFR 707; 40 CFR 710
Legal Deadline: None
Abstract: Upon completion 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 Substances Control Act
(TSCA) covering certain flame retardant chemicals for use in RUF. The
SNUR would require companies wanting to import or manufacture 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
10/00/05
Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses
Government Levels Affected: State
Additional Information: SAN No. 4512;
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
Carolyn Grandson, Environmental Protection Agency, Office of
Prevention, Pesticides and Toxic Substances, 7405M, Washington, DC 20460
Phone: 202 564-8179
Fax: 202 564-4775
Email: grandson.carolyn@epa.gov
RIN: 2070-AD48
-
NOTIFICATION OF CHEMICAL EXPORTS UNDER TSCA SECTION 12(B)
Regulatory Plan: This entry is Seq. No. 113 in part II of this issue of the Federal Register.
RIN: 2070-AJ01
-
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-
06/00/06
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: None
Additional Information: SAN No. 4878, EDocket No. 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@epamail.epa.gov
Henry Lau, Environmental Protection Agency, Office of Prevention,
Pesticides and Toxic Substances, TS-793, 7406M, Washington, DC 20460
Phone: 202 564-8572
Email: lau.henry@epamail.epa.gov
RIN: 2070-AJ04
-
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 4 surplus ships to a shipyard in the United Kingdom, Able UK, for scrapping; however, the planned export of an additional 9 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-
11/00/05
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 2150.1, EDocket No. OPPT-2004-0107;
Split from RIN 2070-AB20.
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
Page 65311
Fax: 202 566-0473
Email: gimlin.peter@epamail.epa.gov
Tony Baney, Environmental Protection Agency, Office of Prevention,
Pesticides and Toxic Substances, 7404T, Washington, DC 20460
Phone: 202 566-0514
Fax: 202 566-0473
Email: baney.tony@epamail.epa.gov
RIN: 2070-AJ05
-
LEAD-BASED PAINT; PRE-RENOVATION LEAD EDUCATION RULE
Priority: Info./Admin./Other
Legal Authority: 15 USC 2686(b)
CFR Citation: 40 CFR 745.83 (Revision); 40 CFR 745.8
Legal Deadline: None
Abstract: The Environmental Protection Agency (EPA) is proposing to revise its regulations implementing section 406(b) of the Toxic
Substances Control Act (TSCA) to require the use of a new lead hazard information pamphlet, ``Protect Your Family From Lead During Renovation
& Remodeling'' (R&R Pamphlet). In housing containing lead-based paint, there is an increased risk of lead poisoning during renovation activities, particularly to children under six years of age. To better inform families about the risk and to encourage greater public health and safety during renovation activities, EPA has developed a renovation-specific information pamphlet for families. This new pamphlet gives information on lead-based paint hazards in a home, lead testing, how to select a contractor, what precautions to take during the renovation, and proper cleanup activities.
Timetable:
Action
Date
FR Cite
NPRM-
12/00/05
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4953;
URL For More Information: http://www.epa.gov/oppt/lead/
Agency Contact: Joshua Novikoff, Environmental Protection Agency,
Office of Prevention, Pesticides and Toxic Substances, 7404T,
Washington DC, DC 20460
Phone: 202 566-0502
Fax: 202 566-0471
Email: novikoff.joshua@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-AJ14
-
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-
06/00/06
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
-
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 which 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 PFAS 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
Page 65312
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-
11/00/05
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4974;
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@epamail.epa.gov
RIN: 2070-AJ18
-
[bull] 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 phosphor not currently listed on the TSCA Inventory is considered a new chemical under TSCA. Prior to initiating the manufacture or import of a new chemical, TSCA sec. 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-
11/00/05
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)
-
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 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-
10/00/05
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
Page 65313
Substances, 7404T, Washington, DC 20460
Phone: 202 566-1980
Fax: 202 566-0471
Email: simpson.julie@epa.gov
RIN: 2070-AC21
-
TEST RULE; TESTING OF CERTAIN HIGH PRODUCTION VOLUME (HPV)
CHEMICALS
Regulatory Plan: This entry is Seq. No. 123 in part II of this issue of the Federal Register.
RIN: 2070-AD16
-
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 ITC List-
10/00/05
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: 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
-
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- 10/00/05
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
-
TSCA INVENTORY UPDATE RULE REVISIONS
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2607(a) ``TSCA 8(a)''
CFR Citation: 40 CFR 710
Legal Deadline: None
Abstract: In this follow-on action to the Inventory Update Rule
Amendments (IURA) (RIN 2070-AC61) that was finalized in January 2003,
EPA is making additional changes to the IUR to adjust the submission period and the reporting frequency, clarify requirements for the ``low current interest'' partial exemption petitions, add chemicals to the petroleum process streams partial exemption, amend the list of commercial and consumer product use categories, separate reporting of manufacture and import production volume, restrict reporting of processing and use information to domestic activities only, adjust the definition for polymer, remove the requirement to determine confidentiality of production volume in ranges. These changes clarify the rule and reduce the burden associated with reporting. In addition, the Agency will amend the IUR to allow electronic submissions though
EPA's Central Data Exchange (CDX) system.
Timetable:
Action
Date
FR Cite
NPRM-
01/26/05
70 FR 3658
Page 65314
Direct Final Action; Using CDX- 11/00/05
Final Rule-
11/00/05
Regulatory Flexibility Analysis Required: No
Government Levels Affected: Federal
Additional Information: SAN No. 3301.1, EDocket No. OPPT-2004-0106;
Sectors Affected: 325 Chemical Manufacturing; 324 Petroleum and Coal
Products Manufacturing
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-AD63
-
VOLUNTARY HIGH PRODUCTION VOLUME (HPV) CHEMICAL CHALLENGE PROGRAM
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2601 et seq (TSCA)
CFR Citation: Not Yet Determined
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. Any needed testing on the HPV chemicals in the HPV Challenge Program should be completed by 2004 with all data available to the public by 2005. The Agency intends to consider specific chemicals which are not voluntarily sponsored in the
HPV Challenge Program as candidates for test rules under Section 4 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
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@epamail.epa.gov
RIN: 2070-AD25
-
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 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, is voluntarily phasing 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. Environmental monitoring programs detected several PBDEs in human breast milk, fish, aquatic birds, and elsewhere in the environment. The exact mechanisms or pathways by which these PBDEs end up in the environment and humans is not known, but would include releases from manufacturing or processing of the chemicals into products like plastics or textiles, aging and wear of the end consumer products, and direct exposure during use (e.g., from furniture). The limited data that is currently available indicate the potential for adverse effects to humans and environmental organisms, but existing hazard and exposure information is incomplete. These factors, taken together, raise concerns for long term potential adverse effects in people and wildlife over time if these chemicals should continue to be
Page 65315
produced, released, and built up in the environment.
Timetable:
Action
Date
FR Cite
NPRM-
12/06/04
69 FR 70404
Final Action-
10/00/05
Regulatory Flexibility Analysis Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal, State
Additional Information: SAN No. 4870, EDocket No. 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
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@epamail.epa.gov
RIN: 2070-AJ02
-
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-
03/00/06
Regulatory Flexibility Analysis Required: Undetermined
Small Entities Affected: Businesses
Government Levels Affected: Federal
Additional Information: SAN No. 3493.1, EDocket No. 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@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-AJ06
-
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 rule-making 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 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
Page 65316
specified in the proposed HAPs Section 4 test rule, as amended.
Timetable:
Action
Date
FR Cite
Final: ECA and Consent Order- 09/00/06
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@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-AJ09
-
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 rule-making 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- 09/00/06
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@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-AJ10
-
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, 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 rule-making 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
Page 65317
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-
09/00/06
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@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-AJ11
-
SIGNIFICANT NEW USE RULE FOR GLYCOL ETHERS
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2604; 15 USC 2607; 15 USC 2625
CFR Citation: 40 CFR 721 (amended)
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) which would require persons to notify EPA at least 90 days before commencing the manufacture, import or processing of 2-ethoxyethanol (2-EE) (CAS No. 110-80-5), 2-ethoxyethanol acetate (2-EEA) (CAS No. 111-15-9), 2- methoxyethanol (2-ME) (CAS No.109-86-4), or 2-methoxyethanol acetate
(2-MEA) (CAS No.110-49-6) for use in a consumer product. EPA believes that this action is necessary because 2-EE, 2-EEA, 2-ME, and 2-MEA may be hazardous to human health and their use in a consumer product may result in significant human exposure. The required notice would provide
EPA with the opportunity to evaluate the intended uses and associated activities, and if necessary, prohibit or limit those uses and activities before they occur. There are no anticipated impacts on small business.
Timetable:
Action
Date
FR Cite
NPRM-
03/01/05
70 FR 9902
Final Action-
11/00/05
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4942, EDocket No. OPPT-2004-0111;
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@epamail.epa.gov
RIN: 2070-AJ12
-
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 rule-making 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.
Page 65318
Timetable:
Action
Date
FR Cite
Final: ECA and Consent Order- 09/00/06
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@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-AJ13
Environmental Protection Agency (EPA)
Long-Term Actions
Toxic Substances Control Act (TSCA)
-
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, State, Local, 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, 7404T, Washington, DC 20460
Phone: 202 566-0514
Fax: 202 566-0473
Email: baney.tony@epamail.epa.gov
RIN: 2070-AC51
-
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 training and certification of training programs for LBP activities and child occupied facilities 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-
07/00/08
Regulatory Flexibility Analysis Required: Undetermined
Page 65319
Small Entities Affected: Businesses, Governmental Jurisdictions,
Organizations
Government Levels Affected: Federal, State, Local, Tribal
Federalism: Undetermined
Additional Information: SAN No. 4376;
Sectors Affected: 23411 Highway and Street Construction; 611519 Other
Technical and Trade Schools
URL For More Information: 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
-
POLYCHLORINATED BIPHENYLS (PCBS); DISPOSAL OF PCBS; IMPLEMENTATION
ISSUES
Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined.
Legal Authority: 15 USC 2607 ``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, State, Local, Tribal
Federalism: Undetermined
Additional Information: SAN No. 4597;
Sectors Affected: 31-33 Manufacturing; 81 Other Services (except Public
Administration); 54 Professional, 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
Tony Baney, Environmental Protection Agency, Office of Prevention,
Pesticides and Toxic Substances, 7404T, Washington, DC 20460
Phone: 202 566-0514
Fax: 202 566-0473
Email: baney.tony@epamail.epa.gov
RIN: 2070-AD52
-
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 Carboxymethyl cellulose- 06/11/93
58 FR 32628
Final: 84-1056-
12/00/07
Final: 86-566-
12/00/07
Final: Aluminum Cross-linked
Sodium Carboxymethyl cellulose- 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@epamail.epa.gov
Rebecca Cool, Environmental Protection Agency, Office of Prevention,
Pesticides and Toxic Substances, 1200 Pennsylvania Ave, NW, Washington,
DC 20460
Phone: 202 564-9138
Email: cool.rebecca@epa.gov
RIN: 2070-AA59
Page 65320
-
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@epamail.epa.gov
Rebecca Cool, Environmental Protection Agency, Office of Prevention,
Pesticides and Toxic Substances, 1200 Pennsylvania Ave, NW, Washington,
DC 20460
Phone: 202 564-9138
Email: cool.rebecca@epa.gov
RIN: 2070-AB27
-
VOLUNTARY CHILDREN'S CHEMICAL EVALUATION PROGRAM (VCCEP)
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2601 et seq (TSCA)
CFR Citation: Not Yet Determined
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 eight 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: Status of Pilot-
12/00/06
Peer Consultation Process-
To Be
Determined
Pilot Program Activites-
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: 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
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
Page 65321
-
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
-
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@epamail.epa.gov
RIN: 2070-AD10
-
TESTING AGREEMENT FOR CERTAIN OXYGENATED FUEL ADDITIVES
Priority: Substantive, Nonsignificant
Legal Authority: 15 USC 2603 ``TSCA 4''; 15 USC 2625 ``TSCA 26''
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
Page 65322
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@epamail.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
-
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 botained 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-
12/00/07
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@epamail.epa.gov
RIN: 2070-AD44
-
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
NPRM: Benzidine Congener Dyes- 12/00/06
Supp. NPRM: Benzidine Congener
Dyes-
12/00/06
Final: Heavy Metals-
06/00/07
Supp. NPRM: 2,4-Pentanedione- 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, 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
Page 65323
Phone: 202 564-8974
Fax: 202 564-4775
Email: alwood.jim@epamail.epa.gov
RIN: 2070-AA58
-
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
-
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: Undetermined
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 Ave, NW, Washington,
DC 20460
Phone: 202 564-9138
Email: cool.rebecca@epa.gov
RIN: 2070-AD53
-
LEAD-BASED PAINT; AMENDMENTS TO 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 will 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-
02/00/07
Regulatory Flexibility Analysis Required: Undetermined
Small Entities Affected: Businesses, Organizations
Government Levels Affected: Federal, 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
Page 65324
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
-
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 Toxic Substances, 7405M, Washington, DC 20460
Phone: 202 564-8469
Fax: 202 564-4765
Email: schweer.greg@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-AJ07
-
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 5 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@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-AJ08
Page 65325
Environmental Protection Agency (EPA)
Proposed Rule Stage
Emergency Planning and Community Right--to--Know Act (EPCRA)
-
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-
05/00/06
Regulatory Flexibility Analysis Required: 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 20004
Phone: 202 564-8019
Fax: 202 564-2625
Email: jacob.sicy@epa.gov
RIN: 2050-AF08
-
TOXICS RELEASE INVENTORY REPORTING BURDEN REDUCTION RULE
Regulatory Plan: This entry is Seq. No. 118 in part II of this issue of the Federal Register.
RIN: 2025-AA14
-
TRI; RESPONSE TO PETITION TO DELETE CHROMIUM, ANTIMONY, TITANATE
FROM THE METAL COMPOUND CATEGORIES LISTED ON THE TOXICS RELEASE
INVENTORY
Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined.
Legal Authority: 42 USC 11013 ``EPCRA 313''
CFR Citation: 40 CFR 372
Legal Deadline: None
Abstract: This action 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-
12/00/05
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
-
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
Page 65326
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-
02/00/06
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)
Final Rule Stage
Emergency Planning and Community Right--to--Know Act (EPCRA)
-
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-
11/00/05
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
-
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-
01/00/06
Page 65327
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 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
Environmental Protection Agency (EPA)
Long-Term Actions
Emergency Planning and Community Right--to--Know Act (EPCRA)
-
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
Supplemental NPRM-
To Be
Determined
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 20004
Phone: 202 564-8019
Fax: 202 564-2625
Email: jacob.sicy@epa.gov
Vanessa Rodriquez, Environmental Protection Agency, Solid Waste and
Emergency Response, 5104A, Washington, DC 20460
Phone: 202 564-7913
Fax: 202 564-2625
Email: jacob.sicy@epamail.epa.gov
RIN: 2050-AE17
-
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.
Page 65328
Timetable:
Action
Date
FR Cite
NPRM-
02/00/07
Final Action-
04/00/08
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
-
TRI; RESPONSE TO PETITION TO ADD DIISONONYL PHTHALATE TO THE
TOXICS RELEASE INVENTORY LIST OF TOXIC CHEMICALS
Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined.
Legal Authority: 42 USC 11013 ``EPCRA 313''
CFR Citation: 40 CFR 372
Legal Deadline: None
Abstract: This action will respond to a petition received by EPA to add diisononyl phthalate to the list of toxic chemicals reportable under section 313 of the Emergency Planning and Community Right to Know Act
(EPCRA). EPA will respond to the petition by either granting or denying the petition. If EPA grants the petition a notice of proposed rulemaking will be published in the Federal Register, if EPA denies the petition a notice of petition denial will be published. The addition of this chemical would make it subject to all the reporting requirements under the Toxic Chemical Release Reporting Rule.
Timetable:
Action
Date
FR Cite
NPRM-
09/05/00
65 FR 53681
Notice of Data Availability- 06/14/05
70 FR 34437
Final Action-
12/00/06
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
Environmental Protection Agency (EPA)
Completed Actions
Emergency Planning and Community Right--to--Know Act (EPCRA)
-
TRI REPORTING FORMS MODIFICATION RULE
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 372
Completed:
Reason
Date
FR Cite
Final Action
07/12/05
70 FR 39931
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Shelley Fudge
Phone: 202-566-0674
Fax: 202-566-0741
Email: fudge.shelley@epamail.epa.gov
Kevin Donovan
Phone: 202-566-0676
Fax: 202-566-0715
Email: donovan.kevin-e@epa.gov
RIN: 2025-AA15
Page 65329
Environmental Protection Agency (EPA)
Prerule Stage
Resource Conservation and Recovery Act (RCRA)
-
LAND DISPOSAL RESTRICTIONS: DETERMINATION OF EQUIVALENT TREATMENT
FOR 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: EPA anticipates taking action to grant a national determination of equivalent treatment petition at the request of the
Department of Energy. 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. 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
Notice of Data Availability- 03/00/06
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.
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
Environmental Protection Agency (EPA)
Proposed Rule Stage
Resource Conservation and Recovery Act (RCRA)
-
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 undressed. 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-
08/00/06
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
Page 65330
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
-
INCREASE METALS RECLAMATION FROM F006 WASTE STREAMS
Priority: Other Significant
Unfunded Mandates: Undetermined
Legal Authority: Not Yet Determined
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-1990's, 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-
01/00/06
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: Undetermined
Federalism: Undetermined
Additional Information: SAN No. 4651;
Agency Contact: Jim OLeary, Environmental Protection Agency, Solid
Waste and Emergency Response, 5304W, Washington, DC 20460
Phone: 703-308-8827
Fax: 703 308-0514
Email: oleary.jim@epamail.epa.gov
Charlotte Mooney, Environmental Protection Agency, Solid Waste and
Emergency Response, 5304W, Washington, DC 20460
Phone: 703 308-7025
Fax: 703 308-0514
Email: mooney.charlotte@epa.gov
RIN: 2050-AE97
-
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 United States 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 United States 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 United States 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 United States exporters and importers in the international recycling market, and a lower level of waste disposal in the United
States since there is more efficient access to other recycling markets.
Timetable:
Action
Date
FR Cite
NPRM-
09/00/06
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Additional Information: SAN No. 4606;
Page 65331
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
-
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-
07/00/06
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: Undetermined
Additional Information: SAN No. 4834;
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
-
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-
04/00/06
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: Undetermined
Additional Information: SAN No. 4920; No legal deadline.
Sectors Affected: 6112 Junior Colleges; 6113 Colleges, Universities and
Professional Schools
Agency Contact: Patricia Mercer, Environmental Protection Agency, Solid
Waste and Emergency Response, 5304W, Washington, DC 20460
Phone: 703-308-8408
Fax: 703 308-0514
Email: mercer.patricia@epa.gov
Anna Tschursin, Environmental Protection Agency, Solid Waste and
Emergency Response, 5304W, Washington, DC 20460
Phone: 703 308-8805
Fax: 703 308-0514
Email: tschursin.anna@epa.gov
RIN: 2050-AG18
-
EXPANDING THE COMPARABLE FUELS EXCLUSION UNDER RCRA
Regulatory Plan: This entry is Seq. No. 117 in part II of this issue of the Federal Register.
RIN: 2050-AG24
-
[bull] CRITERIA FOR SAFE AND ENVIRONMENTALLY PROTECTIVE USE OF
GRANULAR MINE TAILINGS
Priority: Other Significant
Unfunded Mandates: Undetermined
Legal Authority: Public Law 109-59
CFR Citation: Not Yet Determined
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-
11/00/05
Final Action-
02/00/06
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: Federal, Local, State, Tribal
Federalism: Undetermined
Additional Information: SAN No. 5019;
Page 65332
Agency Contact: Stephen Hoffman, Environmental Protection Agency, Solid
Waste and Emergency Response, OS-323, 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, 5302W, Washington, DC 20460
Phone: 703 308-8214
Fax: 703 308-8686
Email: kinch.richard@epa.gov
RIN: 2050-AG27
-
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 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-
01/00/06
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)
-
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 two years. EPA has proposed one new and one revised item designation in CPG5.
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
NPRM-CPG5-
12/10/03
68 FR 68813
Final-CPG4- RMAN4-
04/30/04
69 FR 24028
Final CPG 5-
04/00/06
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: Federal, Local, State
Additional Information: SAN No. 3545, www.epa.gov/edocket;
Page 65333
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
RIN: 2050-AE23
-
RCRA BURDEN REDUCTION INITIATIVE
Regulatory Plan: This entry is Seq. No. 127 in part II of this issue of the Federal Register.
RIN: 2050-AE50
-
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-
08/00/06
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: Michael Wheeler, Environmental Protection Agency, Solid
Waste and Emergency Response, 5302W, Washington, DC 20460
Phone: 703 308-0126
Fax: 703 308-8433
Email: wheeler.michaelm@epa.gov
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
RIN: 2050-AE78
-
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- 08/00/06
Final Action-
08/00/07
Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal, State
Additional Information: SAN No. 4091, EDocket No. 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
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
-
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
Page 65334
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-
12/00/05
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: Federal, State, Local, Tribal
Additional Information: SAN No. 4092, EDocket No. RCRA-2004-0010 (CRTs)
RCRA-2004-0012 (Mercury devices);
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
-
REVISIONS TO THE DEFINITION OF SOLID WASTE
Regulatory Plan: This entry is Seq. No. 128 in part II of this issue of the Federal Register.
RIN: 2050-AE98
-
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-
01/00/06
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)
-
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 three to five 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
Page 65335
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-
10/00/06
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@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-AE34
-
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 currently 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 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-
10/00/07
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@epa.gov
RIN: 2050-AE83
-
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
Page 65336
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 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-
12/00/06
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
Deborah Hanlon, Environmental Protection Agency, Solid Waste and
Emergency Response, 5306W, Washington, DC 20460
Phone: 703-308-5824
Fax: 703 308-8686
Email: hanlon.deborah@epa.gov
RIN: 2050-AE67
-
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
-
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. By using this innovative approach to have a regional e-Cycling Pilot Project,
EPA Region 3 and the Mid-Atlantic States (DE, DC, MD, PA, VA, WV) will be able to provide additional information about 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 Regional e-Cycling Pilot Project could serve as a model for electronic recycling nationwide and the states believe that the recycling program will function effectively as a result of this regulatory flexibility.
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 19103
Phone: 215-814-5463
Fax: 215 814-2782
Email: holman.marie@epamail.epa.gov
Page 65337
Sandra Panetta, Environmental Protection Agency, Regional Office
Philadelphia, 1807T, Philadelphia, PA 19103
Phone: 202-566-2184
Fax: 202 566-2218
Email: panetta.sandra@epamail.epa.gov
RIN: 2003-AA00
-
FINAL DETERMINATION OF THE APPLICABILITY OF THE TOXICITY
CHARACTERISTIC RULE TO PETROLEUM CONTAMINATED MEDIA AND DEBRIS FROM
UNDERGROUND STORAGE TANKS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 6921 ``RCRA 3001''
CFR Citation: 40 CFR 261
Legal Deadline: None
Abstract: In the final hazardous waste Toxicity Characteristic (TC) rule published in June 1990, EPA decided to temporarily defer application of the TC rule to petroleum-contaminated media and debris, such as soils and groundwater, that result from underground storage tank (UST) corrective actions. This rule is part of the Agency's commitment to make a final determination regarding the UST temporary deferral. The temporary deferral was, in part, based on the Agency's concern that without such a deferral, UST cleanup procedures would be adversely affected, resulting in delays in remedial action and increases in remediation costs. Since this action is deregulatory, there are no adverse effects on small businesses, or on State, local, or tribal governments.
Timetable:
Action
Date
FR Cite
NPRM-
02/12/93
58 FR 8504
Final Action-
12/00/10
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: Undetermined
Additional Information: SAN No. 3189;
Agency Contact: Sammy Ng, Environmental Protection Agency, Solid Waste and Emergency Response, 5401G, Washington, DC 20460
Phone: 703-603-7166
Fax: 703 603-0175
Email: ng.sammy@epamail.epa.gov
RIN: 2050-AD69
-
HAZARDOUS WASTE GENERATOR PROGRAM EVALUATION
Priority: Other Significant
Legal Authority: 42 USC 6912; 42 USC 6921-6930; 42 USC 6974
CFR Citation: 40 CFR 261; 40 CFR 262
Legal Deadline: None
Abstract: EPA is in the process of evaluating comments associated with the effectiveness and efficiency of RCRA's hazardous waste generator regulatory program. These comments were submitted in response to an
Advanced Notice of Proposed Rulemaking (ANPRM) seeking comment on a series of questions associated with the current program, as well as on a series of questions associated with the current program, as well as identifying areas for improvement. Once these comments have been evaluated, EPA will develop a program strategy, subject to resource availability, that strives to improve both the efficiency and effectiveness of the RCRA hazardous waste generator regulatory program.
As part of this strategy future milestones will be identified.
Timetable:
Action
Date
FR Cite
ANPRM-
04/22/04
69 FR 21801
NPRM-
To Be
Determined
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: Undetermined
Federalism: Undetermined
Additional Information: SAN No. 4824;
Agency Contact: Jim OLeary, Environmental Protection Agency, Solid
Waste and Emergency Response, 5304W, Washington, DC 20460
Phone: 703-308-8827
Fax: 703 308-0514
Email: oleary.jim@epamail.epa.gov
RIN: 2050-AG25
-
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 meantime?'' The Agency will evaluate the report of the Board 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-
To Be
Determined
Regulatory Flexibility Analysis Required: No
Page 65338
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
-
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-
11/00/06
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 20460
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
-
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.
Timetable:
Action
Date
FR Cite
NPRM-
05/22/01
66 FR 28240
Notice of Public Meeting-
04/01/04
69 FR 17145
Final Action-
04/00/07
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.
Sectors Affected: 323 Printing and Related Support Activities; 325
Chemical Manufacturing; 326 Plastics and Rubber Products Manufacturing; 331 Primary Metal Manufacturing; 332 Fabricated Metal Product
Manufacturing; 482 Rail Transportation; 483 Water Transportation; 484
Truck Transportation; 2111 Oil and Gas Extraction; 2122 Metal Ore
Mining; 2211 Electric Power Generation,
Page 65339
Transmission and Distribution; 3221 Pulp, Paper, and Paperboard Mills; 5621 Waste Collection; 56221 Waste Treatment and Disposal
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@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@epa.gov
RIN: 2050-AG20
Environmental Protection Agency (EPA)
Completed Actions
Resource Conservation and Recovery Act (RCRA)
-
STANDARDIZED PERMIT FOR RCRA HAZARDOUS WASTE MANAGEMENT FACILITIES
Priority: Other Significant
CFR Citation: 40 CFR 124; 40 CFR 267; 40 CFR 270
Completed:
Reason
Date
FR Cite
Final Action-
09/08/05
70 FR 53420
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: Federal, State
Agency Contact: Jeff Gaines
Phone: 703 308-8655
Fax: 703 308-8609
Email: gaines.jeff@epamail.epa.gov
RIN: 2050-AE44
-
METHODS INNOVATION RULE
Priority: Substantive, Nonsignificant
CFR Citation: 40 CFR 63; 40 CFR 171; 40 CFR 258; 40 CFR 260; 40 CFR 261; 40 CFR 264; 40 CFR 265; 40 CFR 266; 40 CFR 270; 40 CFR 279
Completed:
Reason
Date
FR Cite
NPRM-
10/30/02
67 FR 66252
Final Action-
06/14/05
70 FR 34538
Correction Notice-
08/01/05
70 FR 44150
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: Federal, State, Local, Tribal
Agency Contact: Kim Kirkland
Phone: 703 308-0490
Fax: 703 308-0511
Email: kirkland.kim@epa.gov
RIN: 2050-AE41
-
HAZARDOUS WASTE MANIFEST REGULATION
Priority: Other Significant
CFR Citation: 40 CFR 260; 40 CFR 262; 40 CFR 263; 40 CFR 264; 40 CFR 265; 40 CFR 271
Completed:
Reason
Date
FR Cite
NPRM-
05/22/01
66 FR 28240
Final Action-
03/04/05
70 FR 10776
Final Action- Corrections-
06/16/05
70 FR 35034
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: Federal, State
Agency Contact: Rich Lashier
Phone: 703-308-8796
Fax: 703 308-0514
Email: lashier.rich@epa.gov
Bryan Groce
Phone: 703-308-8750
Fax: 703 308-0514
Email: groce.bryan@epa.gov
RIN: 2050-AE21
-
REVISION OF WASTEWATER TREATMENT EXEMPTIONS FOR HAZARDOUS WASTE
MIXTURES
Priority: Other Significant
CFR Citation: 40 CFR 261.3(a)(2)(iv)(A)-(G)(Revision)
Completed:
Reason
Date
FR Cite
Final Action-
10/04/05
70 FR 57769
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: Federal, State
Agency Contact: Lisa Lauer
Phone: 703 308-7418
Fax: 703 308-0522
Email: lauer.lisa@epa.gov
RIN: 2050-AE84
-
NESHAPS: STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR HAZARDOUS
WASTE COMBUSTORS (PHASE I FINAL REPLACEMENT STANDARDS AND PHASE II)
Priority: Other Significant
CFR Citation: 40 CFR 63; 40 CFR 264; 40 CFR 265; 40 CFR 266; 40 CFR 270
Completed:
Reason
Date
FR Cite
Final Action-
10/12/05
70 FR 59402
Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal, State, Tribal
Agency Contact: Michael Galbraith
Phone: 703 605-0567
Fax: 703 308-8433
Email: galbraith.michael@epamail.epa.gov
Frank Behan
Phone: 703 308-8476
Fax: 703 308-8433
Email: behan.frank@epamail.epa.gov
RIN: 2050-AE01
-
HAZARDOUS WASTE MANAGEMENT SYSTEM; MODIFICATION OF THE HAZARDOUS
WASTE PROGRAM: MERCURY-CONTAINING EQUIPMENT
Priority: Other Significant
CFR Citation: 40 CFR 261; 40 CFR 273
Completed:
Reason
Date
FR Cite
Final Action-
08/05/05
70 FR 45508
Page 65340
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: Federal, Local, State, Tribal
Agency Contact: Katherine Blanton
Phone: 703 605-0761
Fax: 703 308-0514
Email: blanton.katherine@epamail.epa.gov
RIN: 2050-AG21
-
PROJECT XL -- ORTHO-MCNEIL PILOT PROJECT ALLOWING ON-SITE
TREATMENT OF LOW-LEVEL MIXED WASTES WITHOUT RCRA PERMIT
Priority: Info./Admin./Other
CFR Citation: 40 CFR 261
Completed:
Reason
Date
FR Cite
NPRM-
07/24/01
66 FR 38395
Final Action-
06/27/05
70 FR 36850
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Sandra Panetta
Phone: 202-566-2184
Fax: 202 566-2200
Email: panetta.sandra@epamail.epa.gov
Gerald Filbin
Phone: 202 566-2182
Fax: 202 566-2211
Email: filbin.gerald@epamail.epa.gov
RIN: 2090-AA14
Environmental Protection Agency (EPA)
Proposed Rule Stage
Oil Pollution Act (OPA)
-
REVISIONS TO THE SPILL PREVENTION, CONTROL, AND COUNTERMEASURE
(SPCC) RULE, 40 CFR PART 112
Regulatory Plan: This entry is Seq. No. 115 in part II of this issue of the Federal Register.
RIN: 2050-AG16
-
REGULATORY ACTIONS ASSOCIATED WITH THE NOTICES OF DATA
AVAILABILITY ON THE SPILL PREVENTION, CONTROL, AND COUNTERMEASURE (SPCC)
RULE, 40 CFR PART 112
Regulatory Plan: This entry is Seq. No. 116 in part II of this issue of the Federal Register.
RIN: 2050-AG23
-
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
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
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-
11/00/05
NPRM 43-
11/00/05
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: Federal, Local, State
Additional Information: SAN No. 3439;
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: 202 603-8833
Fax: 703 603-9104
Email: vanroden.victoria@epa.gov
RIN: 2050-AD75
Page 65341
-
ADMINISTRATIVE REPORTING EXEMPTION FOR CERTAIN AIR RELEASES OF NOX
Regulatory Plan: This entry is Seq. No. 114 in part II of this issue of the Federal Register.
RIN: 2050-AF02
-
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-
06/00/06
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, 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
-
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 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-
12/00/05
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
-
STANDARDS AND PRACTICES FOR CONDUCTING ALL APPROPRIATE INQUIRIES
Priority: Other Significant
Legal Authority: 42 USC 9601 et seq
Page 65342
CFR Citation: 40 CFR 312
Legal Deadline: Final, Statutory, January 11, 2004, Small Business
Liability Protection Act section 223, CERCLA 101(35)(B)(2)(ii).
Abstract: The Small Business Liability Relief and Brownfields
Revitalization Act (the ``Brownfields Amendments'') amended a number of provisions in CERCLA including section 101(35)(B) and includes, among other things, new provisions regarding CERCLA liability protections for certain landowners. As part of these provisions, the Brownfields
Amendments require bona fide prospective purchasers, contiguous property owners, and innocent landowners to conduct ``all appropriate inquiries'' into prior ownership and use of the property at the time the party acquires the property. In the Brownfields Amendments,
Congress directed EPA to promulgate regulations establishing standards and practices for conducting ``all appropriate inquiries.'' Section 101
(35)(B)(iii) of CERCLA, as amended, includes criteria that EPA is required to address in setting these standards and practices. This regulation, when finalized, will establish the federal standards for conducting ``all appropriate inquiries,'' pursuant to the statute.
Recipients of Brownfields Assessment Grants awarded under section 104(k)(2)(B) of CERCLA also will be regulated by the final action.
Purchasers of contaminated properties seeking any of the protections from CERCLA liability will be required to follow the promulgated procedures and standards. EPA developed the proposed Federal standard for all appropriate inquiries under a negotiated rulemaking process.
EPA published a proposed rule based upon the Negotiated Rulemaking
Committee's consensus-based regulatory language on August 26, 2004. The public comment period for the proposal ended November 30, 2004.
Timetable:
Action
Date
FR Cite
NPRM-
08/26/04
69 FR 52542
Final Action-
10/00/05
Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses, Governmental Jurisdictions
Government Levels Affected: Federal, Local, State, Tribal
Additional Information: SAN No. 4739; State, local and tribal governments affected if they are grant recipients.
Agency Contact: Patricia Overmeyer, Environmental Protection Agency,
Solid Waste and Emergency Response, 5105T, Washington, DC 20460
Phone: 202-566-2774
Fax: 202-566-2757
Email: overmeyer.patricia@epamail.epa.gov
Helen Keplinger, Environmental Protection Agency, Solid Waste and
Emergency Response, 2272A, Washington, DC 20460
Phone: 202-564-4221
Fax: 202 229-3954
Email: keplinger.helen@epamail.epa.gov
RIN: 2050-AF04
Environmental Protection Agency (EPA)
Long-Term Actions
Comprehensive Environmental Response, Compensation and Liability Act
-
CRITERIA FOR THE DESIGNATION OF HAZARDOUS SUBSTANCES UNDER CERCLA
SECTION 102(A)
Priority: Other Significant
Legal Authority: 42 USC 9602
CFR Citation: 40 CFR 302.4
Legal Deadline: None
Abstract: This action will address the development of evaluation criteria for the designation of substances as hazardous under the
Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA). It is necessary to develop evaluation criteria because the
Agency has the authority under CERCLA 102(a) to designate substances as hazardous; however, the Agency does not have criteria to do so. To date the only substances designated as CERCLA hazardous substances are as a result of their appearance on other Acts' lists defined under CERCLA 101(14). Using CERCLA designation criteria the Agency may establish
CERCLA hazardous substances independently from other Acts, in the interest of public health and the environment. The purpose of this action is to have well thought-out criteria for designating hazardous substances that may be applied to individual substances for evaluation and decision as to whether or not the substance should be appropriately designated a CERCLA 102(a) hazardous substance. The Agency already has the authority to designate substances as hazardous; in this action, criteria will be developed to implement that authority.
Timetable:
Action
Date
FR Cite
ANPRM-
To Be
Determined
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4201;
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-AE63
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CORRECTION OF ERRORS AND ADJUSTMENT OF CERCLA REPORTABLE
QUANTITIES
Priority: Other Significant
Legal Authority: 42 USC 9602-9603
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.
Page 65343
Timetable:
Action
Date
FR Cite
NPRM-
To Be
Determined
Regulatory Flexibility Analysis Required: 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
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REVISE 40 CFR PART 35 SUBPART O: COOPERATIVE AGREEMENTS AND
SUPERFUND STATE CONTRACTS FOR SUPERFUND RESPONSE ACTIONS
Priority: Other Significant
Legal Authority: 42 USC 9601 to 9675
CFR Citation: 40 CFR 35 subpart O
Legal Deadline: None
Abstract: 40 CFR part 35 subpart O is the Superfund Administrative
Regulation that governs awarding of Superfund cooperative agreements
(CAs) to States, Indian tribes, and territories of the United States.
Subpart O covers State-led, site-specific cooperative agreements for non-time-critical removal, preremedial, remedial, and enforcement actions, and site-specific management assistance for federal-lead projects. Also covered by subpart O are non-site-specific Core Program and Voluntary Cleanup Program State infrastructure development, as well as Brownfields pilots, and Brownfields assessments. The requirements for Superfund State contracts, financial administration, property, procurement, reporting, recordkeeping, and close-out are provided in subpart O. Subpart O was promulgated 6/5/1990, and became effective on 7/5/1990. Many changes in the Superfund program have occurred over the past almost 15 years and these need to be reflected in subpart O. The six categories of CAs presently used in subpart O need greater flexibility to accommodate the new types of CAs that have developed.
For example, the number of Block Funding Reform pilots, begun in 1997, to consolidate several of the cooperative agreements offered in subpart
O, has grown to about 16 for fiscal year 2000, and have generated at least 60 approved deviation requests from subpart O and 40 CFR part 31.
These pilot projects offer considerable administrative relief to
States, tribes, and EPA by reducing reporting requirements, broadening scope changes without amendment, increasing the ability to move monies within and among CAs, and relaxing application requirements regarding site-specific identification of cooperative agreement funds to certain activities, while maintaining site-specific drawdown requirements needed for cost recovery and Superfund accounting. Subpart O also needs to be conformed with part 31 (Uniform Administrative Requirements for
Grants and Cooperative Agreements). EPA expects to institutionalize the combining of CA types, create more flexible reporting requirements, permit greater scope changes without amendment, provide more flexible money movement within and among CAs, and promote other policy advances in State/tribal/EPA interaction.
Timetable:
Action
Date
FR Cite
Interim Final-
12/00/08
Regulatory Flexibility Analysis Required: No
Small Entities Affected: Governmental Jurisdictions
Government Levels Affected: Federal, Local, State, 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: 202 603-8833
Fax: 703 603-9104
Email: vanroden.victoria@epa.gov
RIN: 2050-AE62
Environmental Protection Agency (EPA)
Proposed Rule Stage
Clean Water Act (CWA)
-
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-
05/00/06
Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses
Government Levels Affected: Federal, State
Additional Information: SAN No. 4526;
Page 65344
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
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UNIFORM NATIONAL DISCHARGE STANDARDS FOR VESSELS OF THE ARMED
FORCES--PHASE II
Priority: Other Significant
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-
06/00/06
Final Action-
10/00/07
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: Federal, State
Federalism: This action may have federalism implications as defined in
EO 13132.
Additional Information: SAN No. 4357;
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, 4504F, 4504T,
Washington, DC 20460
Phone: 202-566-1276
Fax: 202 566-1546
Email: amson.jonathan@epa.gov
RIN: 2040-AD39
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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 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-
06/00/06
Final Action-
06/00/08
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
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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
Page 65345
preliminary plan, as required by Section 304(m) of the Clean Water Act.
This Federal Register notice presents EPA's preliminary 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 final Effluent Guidelines Program Plan will identify guidelines that may be revised or new guidelines that may be developed, and will provide a schedule for such rulemaking.
Timetable:
Action
Date
FR Cite
Proposal-
08/29/05
70 FR 51042
Comment Period End-
10/28/05
Final Plan-
09/00/06
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4965, EDocket No. OW-2004-0032;
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
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[bull] CONCENTRATED ANIMAL FEEDING OPERATION RULE
Priority: Substantive, Nonsignificant
Legal Authority: CWA 301, 304, 306, 307, 308, 402, 501
CFR Citation: 40 CFR 122 and 40 CFR 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. In accordance with the court's decision, this proposed rule will 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 will 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-
03/00/06
Final Action-
03/00/07
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@epamail.epa.gov
Gregory Beatty, Environmental Protection Agency, Water, 1200
Pennsylvania Ave, NW, Washington, DC 20460
Phone: 202 564-0724
Email: beatty.gregory@epamail.epa.gov
RIN: 2040-AE80
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[bull] OIL AND GAS PHASE II STORM WATER PERMIT REQUIREMENTS
Priority: Substantive, Nonsignificant
Legal Authority: CWA 402(p)(11)
CFR Citation: 40 CFR 122
Legal Deadline: None
Abstract: On Monday, August 8, President Bush signed into law The
Energy Policy Act of 2005 (H.R. 6, ``the Energy Bill''). Section 323 of the legislation modifies section 502 of the Federal Water Pollution
Control Act to define the term ``oil and gas exploration, production, processing, or treatment operations, or transmission facilities'' to mean ``all field activities or transmission facilities, including activities necessary to prepare a site for drilling and for the movement and placement of drilling equipment, whether or not such field activities or operations may be considered to be construction activities.`` EPA interprets this statutory language change as excluding all construction activities associated with oil and gas exploration and production operations from NPDES storm water permit requirements. Reflecting the changes in the new law, EPA expects to propose modifications to its current regulations governing construction site storm water discharges for oil and gas activities regulated by the
Phase I and Phase II storm water rules.
Timetable:
Action
Date
FR Cite
NPRM-
12/00/05
Final Action-
To Be
Determined
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: Federal, State
Additional Information: SAN No. 4979;
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 65346
Environmental Protection Agency (EPA)
Final Rule Stage
Clean Water Act (CWA)
-
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 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 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-
12/00/05
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: Federal, State, Local, Tribal
Additional Information: SAN No. 4540; 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).
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
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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
Unfunded Mandates: This action may affect the private sector under PL 104-4.
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 developing 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
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; Split from RIN 2040-AC34.
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
Page 65347
Supply; 313 Textile Mills; 336 Transportation Equipment Manufacturing; 321 Wood Product Manufacturing
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
Martha Segall, Environmental Protection Agency, Water, 4303T,
Washington, DC 20460
Phone: 202-566-1041
Fax: 202 566-1053
Email: segall.martha@epamail.epa.gov
RIN: 2040-AD70
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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 sec 136.3
Legal Deadline: None
Abstract: This regulatory action would propose to 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 proposal 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.
This proposed regulations would approve test procedures to be available for use by testing laboratories. 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-
06/00/06
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4950;
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
-
EFFLUENT GUIDELINES FOR THE IRON AND STEEL MANUFACTURING POINT
SOURCE CATEGORY (REVISION)
Priority: Substantive, Nonsignificant
Legal Authority: CWA 301; CWA 304; CWA 306; CWA 308; CWA 402; CWA 501
CFR Citation: 40 CFR 420
Legal Deadline: None
Abstract: In October 2002, EPA promulgated revisions to the Iron and
Steel Manufacturing Effluent Guidelines rule (40 CFR 420) which, among other things, prohibited establishing alternative limits for oil and grease under the ``water bubble.'' The October 2002 revisions did not fully reflect the fact that some facilities already had permits that allowed ``water bubble'' oil and grease limitations. The October 2002 revisions also contained incorrect construction dates for determining when the new source standards apply. This action will amend the final rule to restore the option of establishing alternative limitations for oil and grease under certain circumstances and to correct the new source construction dates. All other pollutant limitations and requirements from the October 2002 final rule will remain unchanged.
This action will not change the cost or impact estimates associated with the October 2002 final rule.
Timetable:
Action
Date
FR Cite
NPRM-
08/10/05
70 FR 46459
NPRM Comment Period End
09/09/05
Final Action-
12/00/05
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: Federal, Local, State
Additional Information: SAN No. 4947;
Sectors Affected: 3311 Iron and Steel Mills and Ferroalloy
Manufacturing; 3312 Steel Product Manufacturing from Purchased Steel
Agency Contact: Elwood Forsht, Environmental Protection Agency, Water, 1200 Pennsylvania Ave, Washington, DC 20460
Phone: 202-566-1025
Email: forsht.elwood@epamail.epa.gov
RIN: 2040-AE78
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[bull] 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-
01/00/06
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Page 65348
Government Levels Affected: State
Federalism: Undetermined
Additional Information: SAN No. 4995;
Agency Contact: Connie Roberts, Environmental Protection Agency, Water, 4203M, Washington, DC 20460
Phone: 202 564-2756
Fax: 202 564-6384
Email: roberts.connie@epa.gov
Allison Wiedeman, Environmental Protection Agency, Water, 4303, 4203M,
Washington, DC 20460
Phone: 202 564-0901
Fax: 202 564-6384
Email: wiedeman.allison@epa.gov
RIN: 2040-AE79
Environmental Protection Agency (EPA)
Long-Term Actions
Clean Water Act (CWA)
-
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
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
-
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 designated 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
Final Action-
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. 3702;
Agency Contact: William Telliard, Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202-566-1061
Fax: 202 566-1053
Email: telliard.william@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
-
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
Page 65349
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
Direct Final Rule
To Be
Determined
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: Federal, State, Local, Tribal
Additional Information: SAN No. 3714;
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
William Telliard, Environmental Protection Agency, Water, 4303T,
Washington, DC 20460
Phone: 202-566-1061
Fax: 202 566-1053
Email: telliard.william@epamail.epa.gov
RIN: 2040-AC92
-
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;
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
William Telliard, Environmental Protection Agency, Water, 4303T,
Washington, DC 20460
Phone: 202-566-1061
Fax: 202 566-1053
Email: telliard.william@epamail.epa.gov
RIN: 2040-AC93
-
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 designated water quality standard. At present there is no
EPA analytical method for determination of these PCBs at the levels of concern.
Timetable:
Action
Date
FR Cite
NPRM-
To Be
Determined
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: Federal, State, Local, Tribal
Additional Information: SAN No. 4049;
Agency Contact: William Telliard, Environmental Protection Agency,
Water, 4303T, Washington, DC 20460
Phone: 202-566-1061
Fax: 202 566-1053
Email: telliard.william@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
Page 65350
-
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-
04/00/07
Final Action-
04/00/09
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: Federal, State, Local, Tribal
Additional Information: SAN No. 3786;
Agency Contact: Pravin Rana, Environmental Protection Agency, Water, 4203M, Washington, DC 20460
Phone: 202-564-1909
Fax: 202 564-9544
Email: rana.pravin@epamail.epa.gov
Tom Laverty, Environmental Protection Agency, Water, EN-336, 4203M,
Washington, DC 20460
Phone: 202-564-7974
Fax: 202 564-9544
Email: laverty.tom@epamail.epa.gov
RIN: 2040-AC84
-
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
Final Action-
To Be
Determined
Regulatory Flexibility Analysis Required: No
Small Entities Affected: Governmental Jurisdictions
Government Levels Affected: Federal, State, Local, 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: Jennifer Molloy, Environmental Protection Agency,
Water, 4203M, Washington, DC 20460
Phone: 202 564-0742
Fax: 202 564-6392
Email: molloy.jennifer@epa.gov
Kevin Weiss, Environmental Protection Agency, Water, 4203M, Washington,
DC 20460
Phone: 202 564-0742
Fax: 202 564-6392
Email: weiss.kevin@epa.gov
RIN: 2040-AD02
-
POLICY REGARDING NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
PERMIT REQUIREMENTS FOR MUNICIPAL WASTEWATER TREATMENT DURING WET
WEATHER CONDITIONS
Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined.
Unfunded Mandates: Undetermined
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
Page 65351
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
Draft Policy-
11/07/03
68 FR 63042
Final Policy -
To Be
Determined
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: Local, Tribal
Federalism: Undetermined
Additional Information: SAN No. 4690;
Sectors Affected: 22132 Sewage Treatment Facilities
URL For More Information: www.epa.gov/npdes
Agency Contact: Kevin Weiss, Environmental Protection Agency, Water, 4203M, Washington, DC 20460
Phone: 202 564-0742
Fax: 202 564-6392
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
-
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, State, Local
Additional Information: SAN No. 4822;
Agency Contact: Debra Nicoll, Environmental Protection Agency, Water, 4303, 4303T, Washington, DC 20460
Phone: 202-566-1020
Fax: 202 566-1053
Email: nicoll.debra@epa.gov
RIN: 2040-AE61
-
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. The 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 (e.g., ADF shedding from the airplane after it leaves the airport) would not be subject to any potential effluent guidelines.
Timetable:
Action
Date
FR Cite
NPRM-
10/00/06
Final Action-
09/00/07
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: Undetermined
Federalism: Undetermined
Additional Information: SAN No. 4948, EDocket No. OW-2004-0038;
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 65352
-
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-
04/00/07
Final Action-
09/00/07
Regulatory Flexibility Analysis Required: Undetermined
Government Levels Affected: Undetermined
Federalism: Undetermined
Additional Information: SAN No. 4949, EDocket No. OW-2004-0035;
URL For More Information: http://www.epa.gov/waterscience/guide/dw/index.htm
Agency Contact: Tom Born, Environmental Protection Agency, Water, 1200
Pennsylvania Ave, Washington, DC 20460
Phone: 202 566-1001
Fax: 202 566-1054
Email: born.tom@epamail.epa.gov
Nick Bouwes, Environmental Protection Agency, Water, 4303T, Washington,
DC 20460
Phone: 202 566-1002
Fax: 202 566-1053
Email: bouwes.nick@epa.gov
RIN: 2040-AE74
-
NEW/REVISED AMBIENT WATER QUALITY CRITERIA (AWQC) FOR RECREATIONAL
WATERS
Priority: Substantive, Nonsignificant
Legal Authority: Not Yet Determined
CFR Citation: Not Yet Determined
Legal Deadline: Final, Statutory, October 5, 2005.
Abstract: Under the BEACHES Amendments to the Clean Water Act the USEPA is required to provide new or revised AWQC for recreational waters by
October 5, 2005. A number of activities, also required under the
BEACHES Amendments, are in progress or completed. These provide improved approaches for beach water quality monitoring and health assessments, including: Better understanding of the temporal and spatial aspects of water quality determinations at beach water sites; application of rapid (
(fecal indicator) water quality; epidemiological assessments to better understand the relationship of bacterial indicator occurrence to rates of acute gastrointestinal disease for persons who swim in designated recreational waters. Additional studies are being conducted to better express, numerically, the relationship of the indicators to disease incidence both for single sample determinations of water quality at the beach at any given time and for long term determinations of general water quality to characterize the water quality's attainment of the designated recreational use. Additional efforts are being conducted to prepare ``Methodology for Deriving Ambient Water Quality Criteria for the Protection of Human Health'' specific to the development of these and other microbiological criteria. The results of four fresh water
(Great Lakes) epidemiology studies and companion rapid fecal indicator validation studies will be analyzed using the above human health methodology to establish the criteria. Draft criteria will be peer reviewed both internal and external to the USEPA prior to FAR and OMB review and approval.
Timetable:
Action
Date
FR Cite
Draft Guidance-
To Be
Determined
Final Guidance-
To Be
Determined
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: State
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
-
[bull] 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 (Revision) ; 40 CFR 415 (Revision)
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
Page 65353
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
Environmental Protection Agency (EPA)
Completed Actions
Clean Water Act (CWA)
-
STREAMLINING THE GENERAL PRETREATMENT REGULATIONS FOR EXISTING AND
NEW SOURCES OF POLLUTION
Priority: Other Significant
CFR Citation: 40 CFR 403
Completed:
Reason
Date
FR Cite
Final Action-
10/14/05
70 FR 60134
Regulatory Flexibility Analysis Required: No
Small Entities Affected: Businesses, Governmental Jurisdictions
Government Levels Affected: Federal, State, Local, Tribal
Agency Contact: Greg Schaner
Phone: 202-564-0721
Fax: 202 564-6431
Email: schaner.greg@epamail.epa.gov
Jan Pickrel
Phone: 202-564-7904
Fax: 202 564-6431
Email: pickrel.jan@epamail.epa.gov
RIN: 2040-AC58
Environmental Protection Agency (EPA)
Proposed Rule Stage
Safe Drinking Water Act (SDWA)
-
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 proposed 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
NPRM Comment Period End-
10/21/05
Final Action-
06/00/06
Regulatory Flexibility Analysis Required: No
Small Entities Affected: Governmental Jurisdictions
Government Levels Affected: Federal, State, Local, Tribal
Additional Information: SAN No. 4770;
Agency Contact: Dave Munch, Environmental Protection Agency, Water, MS 140, Cincinatti, OH 45268
Phone: 513-569-7843
Fax: 513 569-7191
Email: munch.dave@epamail.epa.gov
Dan Hautman, Environmental Protection Agency, Water, MS 140,
Cincinatti, OH 45268
Phone: 513-569-7274
Fax: 513 569-7191
Email: hautman.dan@epamail.epa.gov
RIN: 2040-AD93
-
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: None
Legal Deadline: Other, Statutory, August 6, 2006, The 1996 SDWA
Amendments require EPA to publish the second regulatory determinations by August 2006.
Abstract: The 1996 amendments to the Safe Drinking Water Act (SDWA) require EPA to publish a list of non-regulated contaminants every five years, which may warrant regulation due to their health effects and their potential for occurrence in public water
Page 65354
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-
02/00/06
Final Notice-
10/00/06
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: SAN No. 4821;
Agency Contact: Wynne Miller, Environmental Protection Agency, Water, 4607M, 4607M, Washington, DC 20460
Phone: 202-564-4887
Fax: 202 564-3760
Email: miller.wynne@epamail.epa.gov
Thomas Carpenter, Environmental Protection Agency, Water, 4607M,
Washington, DC 20460
Phone: 202-564-4885
Fax: 202 564-3760
Email: carpenter.thomas@epamail.epa.gov
RIN: 2040-AE60
-
[bull] 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 60 days 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
12/00/05
Final Action
12/00/06
Regulatory Flexibility Analysis Required: No
Small Entities Affected: Governmental Jurisdictions
Government Levels Affected: Local, State
Additional Information: SAN No. 4981;
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)
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NATIONAL PRIMARY DRINKING WATER REGULATIONS: GROUND WATER RULE
Regulatory Plan: This entry is Seq. No. 129 in part II of this issue of the Federal Register.
RIN: 2040-AA97
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NATIONAL PRIMARY DRINKING WATER REGULATIONS: LONG TERM 2 ENHANCED
SURFACE WATER TREATMENT RULE
Regulatory Plan: This entry is Seq. No. 130 in part II of this issue of the Federal Register.
RIN: 2040-AD37
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NATIONAL PRIMARY DRINKING WATER REGULATIONS: STAGE 2 DISINFECTION
BYPRODUCTS RULE
Regulatory Plan: This entry is Seq. No. 131 in part II of this issue of the Federal Register.
RIN: 2040-AD38
Page 65355
Environmental Protection Agency (EPA)
Long-Term Actions
Safe Drinking Water Act (SDWA)
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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``SDWA1412''
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: The Radon rule complies with the Safe Drinking Water Act
(SDWA) requirement to reduce exposure to radon in homes. 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. Systems would also be able to develop a State approved MMM program in the absence of a State program. 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
Notice 99-
02/26/99
64 FR 9560
NPRM-
11/02/99
64 FR 59246
Final Action-
12/00/07
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;
Sectors Affected: 22131 Water Supply and Irrigation Systems
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
Ann Codrington, Environmental Protection Agency, Water, 4607M,
Washington, DC 20460
Phone: 202-564-4688
Fax: 202 564-3760
Email: codrington.ann@epamail.epa.gov
RIN: 2040-AA94
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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, 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
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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. EPA is required to make a regulatory determination for at least five unregulated contaminants by August 2006. Presently, the Water program is collecting and analyzing research information on occurrence, health effects, method sensitivity, and treatment effectiveness. A proposed regulatory determination, which will evaluate information on MTBE as well as a number of other contaminants, is anticipated for Drinking Water: Regulatory
Determination on the Second Contaminants Candidate List.
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@epamail.epa.gov
RIN: 2040-AD54
Page 65356
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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-
07/00/07
Final Action-
10/00/09
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;
Agency Contact: Kenneth Rotert, Environmental Protection Agency, Water, 4607M, Washington, DC 20460
Phone: 202-564-5280
Fax: 202 564-3767
Email: rotert.kenneth@epamail.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
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DRINKING WATER CONTAMINANT CANDIDATE LIST 3
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 300g-1(b)
CFR Citation: 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 five years of contaminants that are known or anticipated to occur in public water systems, and which may require regulation under the SDWA. The purpose of this action is to prepare and publish the third Contaminant Candidate List (CCL). In preparing the third list, EPA will evaluate the classification approach recommended by the National Academy of Sciences' National Research
Council (NRC) and, 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 2006.
Timetable:
Action
Date
FR Cite
NPRM-Preliminary Notice-
02/00/07
Final Notice-
02/00/08
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@epamail.epa.gov
Yvette Selby, Environmental Protection Agency, Water, 4607M,
Washington, DC 20460
Phone: 202-564-5245
Fax: 202 564-3760
Email: selby-mohamadu.yvette@epamail.epa.gov
RIN: 2040-AD99
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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, more importantly, 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.
Page 65357
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: Bruce Kobelski, Environmental Protection Agency, Water, 4606M, Washington, DC 20460
Phone: 202-564-3888
Fax: 202 564-3756
Email: kobelski.bruce@epa.gov
Denny Cruz, Environmental Protection Agency, Water, 4606M, Washington,
DC 20460
Phone: 202-564-3879
Fax: 202 564-3756
Email: cruz.denny@epa.gov
RIN: 2040-AD40
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[bull] 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-
12/00/06
Final Action-
12/00/08
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: Federal
Federalism: Undetermined
Additional Information: SAN No. 4966;
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
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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-
08/00/09
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. 05-21099 Filed 10-28-05; 8:45 am
BILLING CODE 6560-50-S
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