Air pollutants, hazardous; national emission standards: Semi-annual agenda

 
CONTENT

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

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

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

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

  4. How Is the Agenda Organized?

  5. What Information Is in Agenda Entries?

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

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

    Businesses, Small Governments, and Small Nonprofit Organizations?

  8. Thank You for Collaborating with Us

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

    Our primary objective is to protect human health and the environment. 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.

  10. How Can You Be Involved in EPA's Rule and Policy Making Process?

    You can make your voice heard by getting in touch with the contact person provided in each Agenda entry. We urge you to participate as early in the process as possible. You may also participate by commenting on proposed rules that we publish in the

    Federal Register. 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.

  11. What Actions Are Included in the Agenda and What Is the Relationship

    Between the Agenda and Regulatory Plan?

    EPA includes regulations and certain major policy documents in the Agenda. 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

  12. How is the Agenda Organized?

    We have organized the Agenda:

    First, into fourteen divisions based on the law that would authorize a particular action. These divisions are: 1. General, which includes 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.

  13. What Information is in Agenda Entries?

    Agenda entries include the following information, where applicable:

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

    Title: Titles for new entries (those that have not appeared in previous agendas) are preceded by a bullet (). The notation ``Section 610 Review'' follows the title if we are reviewing the rule as part of our periodic review of existing rules under section 610 of the

    Regulatory Flexibility Act (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.

  14. 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.

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

    Businesses, Small Governments, and Small Nonprofit Organizations?

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

  16. Thank You for Collaborating with Us

    Finally, we would like to thank those of you who choose to join with us in solving the complex issues involved in protecting human health and the environment. Collaborative efforts such as

    EPA's open rulemaking process are a proven tool for solving the environmental problems we face and the Regulatory Agenda is an important part of that process.

    Dated: 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

    Page 65212

    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

    1. 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

    2. REVISIONS TO ACQUISITION REGULATION CONCERNING CONFLICT OF

      INTEREST

      Priority: Substantive, Nonsignificant

      Legal Authority: Not Yet Determined

      CFR Citation: Not Yet Determined

      Legal Deadline: None

      Abstract: The purpose of this rule is to revise the Agency's conflict of interest (COI) acquisition regulations. The specific revisions involve more stringent requirements for submission of relevant information from Agency contractors and potential contractors regarding their relationships with parent companies, affiliates, subsidiaries, and sister companies. Current Agency regulations do not require the submission of this level of information. Receipt and evaluation of this information is critical in order for the Agency to decide whether or not COI situations exist and how they are to be handled. This revised rule will also codify several COI clauses that have been developed since the issuance of the previous rule in 1994.

      Timetable:

      Action

      Date

      FR Cite

      NPRM-

      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

    3. SECURITY REQUIREMENTS FOR TOXIC SUBSTANCES CONTROL ACT

      CONFIDENTIAL BUSINESS INFORMATION ACCESS FOR CONTRACTORS

      Priority: Substantive, Nonsignificant

      Legal Authority: 5 USC 301 sec 205 (c); 63 Stat 390, as amended; 40 USC 486 (c); 41 USC 418b

      CFR Citation: 48 CFR 1552; 48 CFR 1535

      Legal Deadline: None

      Abstract: Current security requirements for Toxic Substances Contract

      Act Confidential Business Information (TSCA CBI) access for contractors are implemented in three Environmental Protection Agency contract clauses, 1552.235-75, 1552.235-76, and 1552.235-78. Security requirements for the Government and contractors have been updated in a 2003 TSCA CBI 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

    4. AWARD TERM CONTRACTING

      Priority: Info./Admin./Other

      Legal Authority: 41 USC 418(b; 5 USC 301, sec 205(c); 63 Stat 390, as amended

      CFR Citation: 48 CFR 1516 and 1552

      Legal Deadline: None

      Abstract: The Environmental Protection Agency (EPA) is proposing to amend the EPA Acquisition Regulation (EPAAR) to add guidance on the use of award-term contracts. The guidance is necessary for contracting officers seeking to include award-term provisions in contracts. This guidance will establish a solicitation provision and contract clause in the EPAAR.

      Timetable:

      Action

      Date

      FR Cite

      NPRM-

      11/00/05

      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

    5. 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

    6. 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

    7. PROJECT XL SITE SPECIFIC RULEMAKING FOR THE NASA WHITE SANDS TEST

      FACILITY IN LAS CRUCES, NEW MEXICO (PHASES III-VI)

      Priority: Info./Admin./Other

      Legal Authority: 33 USC 2701 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

    8. INCORPORATION OF CLASS DEVIATIONS INTO EPAAR

      Priority: Substantive, Nonsignificant

      Legal Authority: 40 USC 486(c)

      CFR Citation: 48 CFR 1537; 48 CFR 1552

      Legal Deadline: None

      Abstract: The Agency has approved a number of class deviations (e.g., changes to reporting requirements and monthly progress reports) to the

      EPAAR since its promulgation in April 1994. This proposed rule would incorporate most of the class deviations to the EPAAR.

      Timetable:

      Action

      Date

      FR Cite

      Direct Final Action-

      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

    9. 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

    10. 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

    11. 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

    12. 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

    13. 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

    14. 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

    15. 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

    16. 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)

    17. [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

    18. 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

    19. 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

    20. [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

    21. [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)

    22. 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

    23. 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

    24. 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

    25. 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

    26. 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

    27. 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

    28. 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

    29. 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

    30. 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

    31. 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

    32. 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

    33. 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

    34. 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

    35. 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

    36. 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

    37. 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

    38. 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

    39. 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

    40. 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

    41. 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

    42. 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

    43. 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

    44. 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

    45. 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

    46. 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

    47. 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

    48. 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

    49. 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

    50. 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

    51. 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

    52. 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

    53. 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

    54. 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

    55. 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

    56. 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

    57. 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

    58. 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

    59. 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

    60. 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

    61. 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

    62. 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

    63. 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

    64. 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

    65. 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

    66. 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

    67. 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

    68. 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

    69. 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

    70. 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

    71. 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

    72. 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

    73. 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

    74. 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

    75. 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

    76. 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

    77. 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

    78. [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

    79. [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

    80. [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

    81. [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

    82. [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)

    83. 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

    84. 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

    85. 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

    86. 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

    87. 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

    88. 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

    89. 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

    90. 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

    91. 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

    92. 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

    93. 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

    94. 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

    95. 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

    96. 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

    97. 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

    98. 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

    99. 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

    100. 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

    101. 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

    102. 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

    103. 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

    104. 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

    105. 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

    106. 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

    107. 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

    108. [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

    109. [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)

    110. 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

    111. 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

    112. 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

    113. 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)

    114. 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

    115. 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

    116. 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

    117. 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

    118. 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

    119. 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)

    120. 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

    121. 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

    122. 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

    123. 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

    124. 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

    125. 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

    126. 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

    127. 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

    128. [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

    129. [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)

    130. 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)

    131. 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)

    132. 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

    133. 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

    134. 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

    135. 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

    136. [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

    137. 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

    138. 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

    139. 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

    140. 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

    141. 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

    142. 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

    143. 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

    144. [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)

    145. 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

    146. 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

    147. 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

    148. 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

    149. 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

    150. 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

    151. 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

    152. 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

    153. 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

    154. 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

    155. 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

    156. 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

    157. 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)

    158. 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

    159. 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

    160. 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

    161. 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

    162. 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

    163. 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

    164. 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

    165. 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

    166. 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

    167. 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

    168. 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

    169. 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

    170. 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

    171. 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

    172. 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

    173. 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)

    174. 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

    175. 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

    176. 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

    177. 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)

    178. 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

    179. 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)

    180. 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

    181. 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

    182. 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)

    183. 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)

    184. 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)

    185. 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

    186. 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

    187. 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

    188. 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

    189. 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

    190. 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

    191. [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

    192. 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)

    193. 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

    194. 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

    195. 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

    196. 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

    197. 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

    198. 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

    199. 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)

    200. 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

    201. 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

    202. 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

    203. 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

    204. 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

    205. 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

    206. 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

    207. 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

    208. 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

    209. 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)

    210. 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

    211. 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

    212. 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

    213. 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

    214. 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

    215. 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

    216. 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)

    217. 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

    218. 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

    219. 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

    220. 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

    221. 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

    222. 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

    223. 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

    224. 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

    225. 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

    226. 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)

    227. 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

    228. 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

    229. 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

    230. 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

    231. [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

    232. [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)

    233. 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

    234. 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

    235. 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

    236. 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

    237. [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)

    238. 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

    239. 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

    240. 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

    241. 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

    242. 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

    243. 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

    244. 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

    245. 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

    246. 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

    247. 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

    248. 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

    249. 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

    250. [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)

    251. 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)

    252. 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

    253. 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

    254. [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)

    255. 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

    256. 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

    257. 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)

    258. 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

    259. 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

    260. 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

    261. 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

    262. 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

    263. 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

    264. [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

    265. 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