Air quality implementation plans; approval and promulgation; various States: Semi-annual agenda

 
CONTENT

June 28, 2004 (Volume 69, Number 123)

Unified Agenda

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

DOCID: f:ua040424.wais

Page 38154-38319

Environmental Protection Agency

Part XXIV

Semiannual Regulatory Agenda

Page 38154

ENVIRONMENTAL PROTECTION AGENCY (EPA)

ENVIRONMENTAL PROTECTION AGENCY (EPA) 40 CFR Ch. I

FRL-7659-4

Agenda of Regulatory and Deregulatory Actions

AGENCY: Environmental Protection Agency.

ACTION: Semiannual Regulatory Agenda.

SUMMARY: The Environmental Protection Agency (EPA) publishes the

Semiannual Regulatory Agenda to update the public about:

bullet

Regulations and major policies currently under development,

bullet

Reviews of existing regulations and major policies, and

bullet

Regulations and major policies 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 decision making 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 Goals in Developing Regulations-and-Policies and What

    Key Principles, Statutes, and Executive Orders Drive Our Rule-and-

    Policymaking Process?

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

  3. What Actions Are Included in the Agenda?

  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. Acknowledgment of Those Involved in the Rulemaking Process

  9. What are EPA's Goals in Developing Regulations and Policies and What

    Key Principles, Statutes, and Executive Orders Drive 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.

    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 Policymaking Process?

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

    Federal Register. 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. Democracy is not a spectator sport. We urge you to become involved in EPA's rule and policymaking process.

  11. What Actions Are Included in the Agenda?

    EPA includes regulations and certain major policy documents in the Agenda. We generally do not include minor amendments or the following categories of actions:

    bullet

    Administrative actions such as delegations of authority, changes of address or phone numbers.

    bullet

    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;

    Page 38155

    Delegations of Authority to States; Area Designations for Air Quality

    Planning Purposes.

    bullet

    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).

    bullet

    Under the Federal Food, Drug, and Cosmetic Act: Actions regarding pesticide tolerances and food additive regulations, including the tolerance reassessment process.

    bullet

    Under the Resource Conservation and Recovery Act:

    Authorization of State solid waste management plans; hazardous waste delisting petitions.

    bullet

    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.

    bullet

    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.

  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 Ac, 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 April 2005. 5. Completed Action - This section contains actions that have been promulgated and published in the Federal Register since publication of the Fall 2003 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 assigned when an action is 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 ([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, ``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.''

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    Informational/Administrative/Other: An action that is not a rulemaking that is primarily informational or pertains to agency matters not central to accomplishing the Agency's regulatory mandate, but that the Agency places in the Agenda to inform the public of the activity; or other action that is not within the scope of E.O. 12866.

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

    Legal Authority: The sections of the United States Code

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

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

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

    Final Action, or some other action.

    Abstract: A brief description of the problem the action will address.

    Timetable:The dates (and citations) that documents for this action were published in the Federal Register and, where possible, a projected date for the next step. Projected publication dates frequently change during the course of developing an action. The projections in the Agenda are our best estimates as of the date we submit the Agenda for publication. For some entries, the timetable indicates that the date of the next action is ``to be determined.''

    Regulatory Flexibility Analysis Required: Indicates whether EPA has prepared or anticipates that it will be preparing a regulatory flexibility analysis under section 603 or 604 of the 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: A code number that EPA uses to identify and track rulemakings.

    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.

    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 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. In 2002, EPA released its online electronic docket and comment system, EDOCKET at http:// www.epa.gov/edocket. 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:// www.ciir.cs.umass.edu/ua/ 4. Appendices to the Agenda There are five appendices 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 appendix is not included in

    EPA's Agenda reprints

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    for reasons of costs and because of the availability of the search engines described in [greek-i]3, immediately above. 5. The Regulatory Agenda Collection in the EPA History Office has a complete collection of Regulatory Agendas and related materials. A list of the contents including exact citations for all Agendas is at: http:/

    /www.epa.gov/history/collection/aid41.htm 6. 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. 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 7. EPA's FY04 Regulatory Plan The Regulatory Plan covers the core of our priority actions that we expected to be published by September 2004. We have 30 actions in the Plan which was published December 22, 2003. There are entries for each of these actions in the Spring 2004

    Regulatory Agenda, but we discuss them in greater detail in the Plan.

    You can view the Plan at http://www.epa.gov.regagenda

  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 Appendix 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 Appendix 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 are nine rules for which we are conducting section 610 reviews this year. We undertake these 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 these rules. We will consider all of your comments as we decide whether to continue, amend, or withdraw these rules. We particularly encourage comments by small entities about how these rules could be made clearer, more effective, or remove conflicting or overlapping requirements with other Federal or State regulations. The nine reviews are:

    Review RIN[greek-i] and EDOCKET

    ID[greek-i]

    Rule Being Reviewed

    2050-AG19; RCRA-2004-0004

    Land Disposal Restrictions Phase III: Decharacterized Wastewaters,

    Carbamate Wastes, and Spent Potliners 2050-AG17 RCRA-2004-0003

    Land Disposal Restrictions Phase II: Universal Treatment Standards, and

    Treatment Standards for Organic Toxicity Characteristic Wastes and Newly

    Listed Wastes 2070-AD65; OPPT-2003-0015

    Lead; Requirements for Lead-Based Paint Activities in Target Housing and

    Child-Occupied Facilities 2070-AD66; OPP-2003-0115

    Worker Protection Standards for Pesticides 2040-AD96; OW-2003-0016

    Sewage Sludge Round 1 2060-AM39; OAR-2004-0054

    Emission Standards for New Nonroad Spark-Ignition Engines At or Below 19

    Kilowatts 2060-AM38; OAR-2004-0053

    Fuels and Fuel Additives Registration Regulations 2060-AM41; OAR-2004-0055

    NESHAP: Petroleum Refineries 2060-AM40; OAR-2004-0056

    NESHAP: Secondary Lead Smelting

    EPA has established an official public docket for each of these 610 Reviews under a docket identification (ID) number as indicated above. 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, EPA Dockets. 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 the EPA

    Dockets. 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 not be placed in EPA's electronic public docket but will be available only in printed, paper form in the official public

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    docket. To the extent feasible, publicly available docket materials will be made available in EPA's electronic public docket. When a document is selected from the index list in EPA Dockets, the system will identify whether the document is available for viewing 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. EPA Dockets. 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://www.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. 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 WordPerfect or ASCII file format. Avoid the use of special characters and any form of encryption. 2. By Mail. Send your comments, identified by the appropriate Docket ID number, to: EPA Docket Center (EPA/DC), Environmental Protection

    Agency, Mailcode: [insert [greek-i], 1200 Pennsylvania Ave., 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 Ave., 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 comments, 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. Acknowledgment of Those Involved in the Rulemaking Process

    Finally, I would like to thank the members of the public who have taken the time to get involved in the rulemaking process.

    Experience has taught us that we must listen to and involve our stakeholders if we hope to fully understand the issues and write the most effective rules. Over the years you, the public, have submitted an enormous number of comments on our rulemakings. We have heard all of them and adopted many. Protecting human health and the environment is one of our nation's most important quests.

    We thank you for joining us in this endeavor.

    Dated: May 17, 2004

    Jessica L. Furey,

    Associate Administrator, Office of Policy, Economics, and Innovation.

    GENERAL--Proposed Rule Stage

    Regulation

    Sequence

    Title

    Identifier

    Number

    Number

    3040

    SAN 3580. Incorporation of Class Deviations Into EPAAR................................ 2030-AA37 3041

    SAN 4292. Proposed Revision to EPA's Implementing NEPA Regulations.................... 2020-AA42

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    3042

    SAN 4693. Privacy Act Regulations (Revised)........................................... 2025-AA13 3043

    SAN 4191. Revision to EPAAR 1552.211-73, Level of Effort.............................. 2030-AA64 3044

    SAN 4319. Revisions to Acquisition Regulation Concerning Conflict of Interest......... 2030-AA67 3045

    SAN 4742. Continuation of Implementing the Empowerment Initiative..................... 2030-AA81 3046

    SAN 4814. On-Site and Off-Site Background Checks Performed by EPA and Contractors..... 2030-AA85 3047

    SAN 4812. Contract Bundling Requirements.............................................. 2030-AA86 3048

    SAN 4904. Security Requirements for Toxic Substances Control Act Confidential Business 2030-AA88

    Information Access for Contractors.................................................... 3049

    SAN 4903. Award Term Contracting...................................................... 2030-AA89 3050

    SAN 4761. Waste Isolation Pilot Plant (WIPP) FY 2002 Report to Congress............... 2060-AK79 3051

    SAN 4463. Persistent, Bioaccumulative, and Toxic (PBT) Pollutants Strategy............ 2070-AD45 3052

    SAN 4836. Project XL Site Specific Rulemaking for the NASA White Sands Test Facility

    2090-AA35 in Las Cruces, New Mexico (Phases III-VI).............................................

    GENERAL--Final Rule Stage

    Regulation

    Sequence

    Title

    Identifier

    Number

    Number

    3053

    SAN 4747. Implementation of Authority To Appoint Research Scientists Under 42 USC..... 2030-AA83 3054

    SAN 4270. Cross-Media Electronic Reporting (ER) and Recordkeeping Rule (CROMERRR)..... 2025-AA07 3055

    SAN 4733. Background Investigations for Contractors Performing Services Onsite........ 2030-AA80 3056

    SAN 4813. Miscellaneous Revisions to EPAAR Clauses.................................... 2030-AA84 3057

    SAN 4925. Technical Amendments to the Federal Policy for the Protection of Human

    2080-AA11

    Subjects.............................................................................. 3058

    SAN 4536. Project XL Site Specific Rulemaking for NASA White Sands Test Facility

    2090-AA27

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

    GENERAL--Long-Term Actions

    Regulation

    Sequence

    Title

    Identifier

    Number

    Number

    3059

    SAN 4056. Utilization of Small, Minority and Women's Business Enterprises in

    2020-AA39

    Procurement Under Assistance Agreements............................................... 3060

    SAN 3240. Public Information and Confidentiality Regulations.......................... 2025-AA02 3061

    SAN 3671. Guidelines for Carcinogen Risk Assessment................................... 2080-AA06

    GENERAL--Completed Actions

    Regulation

    Sequence

    Title

    Identifier

    Number

    Number

    3062

    SAN 4842. Report to Congress on Enforcement Data Concerning Small Entities............ 2020-AA45 3063

    SAN 4473. Regulatory Incentives for the National Environmental Performance Track

    2090-AA13

    Program...............................................................................

    CLEAN AIR ACT (CAA)--Prerule Stage

    Regulation

    Sequence

    Title

    Identifier

    Number

    Number

    3064

    SAN 4699. Revisions to Clarify the Scope of Certain Monitoring Requirements for

    2060-AK29

    Federal and State Operating Permits Programs.......................................... 3065

    SAN 4759. Revision to Policy on Control of Volatile Organic Compounds (VOC)........... 2060-AK75 3066

    SAN 4871. Control of Emissions From New Locomotives and New Marine Diesel Engines Less 2060-AM06

    Than 30 Liters per Cylinder...........................................................

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    3067

    SAN 4922. Fuels and Fuel Additives Registration Regulations (Section 610 Review)...... 2060-AM38 3068

    SAN 4921. Emission Standards for New Nonroad Spark-Ignition Engines At or Below 19

    2060-AM39

    Kilowatts (Section 610 Review)........................................................ 3069

    SAN 4924. NESHAP: Secondary Lead Smelting (Section 610 Review)........................ 2060-AM40 3070

    SAN 4923. NESHAP: Petroleum Refineries (Section 610 Review)........................... 2060-AM41

    CLEAN AIR ACT (CAA)--Proposed Rule Stage

    Regulation

    Sequence

    Title

    Identifier

    Number

    Number

    3071

    SAN 4266. Review National Ambient Air Quality Standards for Carbon Monoxide........... 2060-AI43 3072

    SAN 4255. Review of the National Ambient Air Quality Standards for Particulate Matter. 2060-AI44 3073

    SAN 3649. Amendments to Method 24 (Water-Based Coatings).............................. 2060-AF72 3074

    SAN 4070. General Conformity Regulations; Revisions................................... 2060-AH93 3075

    SAN 3939. NESHAP: Group I Polymers and Resins and Group IV Polymers and Resins-

    2060-AH47

    Amendments............................................................................ 3076

    SAN 3751. NSPS and Emission Guidelines for Other Solid Waste Incinerators............. 2060-AG31 3077

    SAN 3975. Review of New Sources and Modifications in Indian Country................... 2060-AH37 3078

    SAN 4752. Clean Air Fine Particle Implementation Rule................................. 2060-AK74 3079

    SAN 3380. NSPS: SOCMI--Wastewater and Amendment to Appendix C of Part 63 and Appendix

    2060-AE94

    J of Part 60.......................................................................... 3080

    SAN 4119. Performance Specification 16 - Specifications and Test Procedures for

    2060-AH84

    Predictive Emission Monitoring Systems in Stationary Sources.......................... 3081

    SAN 4478. Standards of Performance for New Stationary Sources: Municipal Solid Waste

    2060-AJ41

    Landfills: Amendment.................................................................. 3082

    SAN 4310. NESHAP: Printing and Publishing Industry; Amendments........................ 2060-AI66 3083

    SAN 4585. Portland Cement Manufacturing Industry NESHAP: Amendment to Implement Court

    2060-AJ78

    Remand................................................................................ 3084

    SAN 4620. National Emission Standards for Coke Oven Batteries - Residual Risk

    2060-AJ96

    Standards............................................................................. 3085

    SAN 4655. NESHAP: Gasoline Distribution (Stage I) Residual Risk Standards............. 2060-AK10 3086

    SAN 4660. NESHAP: Industrial Process Cooling Towers Residual Risk Standards........... 2060-AK16 3087

    SAN 4662. NESHAP: Perchloroethylene Dry Cleaning Facilities Residual Risk Standards... 2060-AK18 3088

    SAN 4667. NESHAP: Wood Furniture Manufacturing Operations -- Residual Risk Standards.. 2060-AK21 3089

    SAN 4782. Petition To Delist Hazardous Air Pollutant: 4,4'-Methylene Diphenyl

    2060-AK84

    Diisocyanate.......................................................................... 3090

    SAN 4309. National VOC Emission Standards for Consumer Products; Proposed Amendments.. 2060-AI62 3091

    SAN 4748. Control of Hazardous Air Pollutants From Mobile Sources..................... 2060-AK70 3092

    SAN 4535. Protection of Stratospheric Ozone: Process for Exempting Critical Uses of

    2060-AJ63

    Methyl Bromide........................................................................ 3093

    SAN 4599. Protection of Stratospheric Ozone: Listing of Substitutes for Ozone-

    2060-AK26

    Depleting Substances: N-Propyl Bromide................................................ 3094

    SAN 4697. Protection of Stratospheric Ozone: Adjusting Allowances for Class I

    2060-AK45

    Substances for Export to Article 5 Countries.......................................... 3095

    SAN 4542. Federal Implementation Plan (FIP) for the Billings/Laurel, Montana Sulfur

    2008-AA00

    Dioxide (SO2) Area.................................................................... 3096

    SAN 3262. Inspection/Maintenance Recall Requirements.................................. 2060-AE22 3097

    SAN 4421. Ambient Air Quality Monitoring Regulations: Revisions....................... 2060-AJ25 3098

    SAN 4570. Control of Air Pollution From Motor Vehicles and Engines: Alternative Low-

    2060-AJ72

    Sulfur Highway Diesel Fuel Transition Program for Alaska.............................. 3099

    SAN 4547. Modification of Authority to Grant Alternative Method Approvals............. 2060-AJ83 3100

    SAN 4584. Performance Specifications for Continuous Parameter Monitoring Systems...... 2060-AJ86 3101

    SAN 4632. Modification of Anti-dumping Baselines for Gasoline Produced or Imported for 2060-AK02

    Use in Hawaii, Alaska and the U.S. Territories........................................ 3102

    SAN 4633. Performance-Based Measurement System For Fuels: Criteria For Self-Qualifying 2060-AK03

    Alternative Test Methods; Description of Optional Statistical Quality Control Measures 3103

    SAN 4634. Regulation of Fuel and Fuel Additives: Extension of California Enforcement

    2060-AK04

    Exemptions for Reformulated Gasoline to California Phase 3 Gasoline................... 3104

    SAN 4811. 20 Transportation Conformity Rule Amendments for New 8-Hour Ozone and PM2.5

    2060-AL73

    National Ambient Air Quality Standards................................................ 3105

    SAN 4793. Prevention of Significant Deterioration (PSD) and Nonattainment New Source

    2060-AL75

    Review (NSR): Allowables Plantwide Applicability Limit (PAL), Aggregation, and

    Debottlenecking....................................................................... 3106

    SAN 4794. Clean Air Interstate Rule; Formerly Titled Interstate Air Quality Rule...... 2060-AL76 3107

    SAN 4095.1. Section 126 Rule: Lifting the 8-Hour Stay................................. 2060-AL79 3108

    SAN 4796. Section 126 Rule: Withdrawal of Findings for Sources in Michigan............ 2060-AL83

    Page 38161

    3109

    SAN 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)............................................................................. 3110

    SAN 4802. Amendments to Leather Finishing NESHAP...................................... 2060-AL89 3111

    SAN 4804. Protection of Stratospheric Ozone; Allowance System for Controlling HCFC

    2060-AL90

    Production, Import and Export; Correction............................................. 3112

    SAN 4808. Amendments to the NESHAP for Cellulose Products Manufacturing............... 2060-AL91 3113

    SAN 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............................................. 3114

    SAN 4820. Protection of Stratospheric Ozone: Quantity Allocation of Methyl Bromide for 2060-AL95

    Critical Use Exemptions After the Phaseout............................................ 3115

    SAN 4829. 5-Year Review of MACT Standards for Large MWC............................... 2060-AL97 3116

    SAN 4830. Alternative Work Practice for Leak Detection and Repair..................... 2060-AL98 3117

    SAN 4846. NESHAP: Municipal Solid Waste Landfills--Amendments......................... 2060-AM08 3118

    SAN 4844. Addition of CO Emission Limit for Large MWC Using Fluid Bed Combustion

    2060-AM11

    Technology (Section 129).............................................................. 3119

    SAN 4859. NESHAP: Area Source Standards--Ethylene Oxide Hospital Sterilization........ 2060-AM14 3120

    SAN 4851. Protection of Stratospheric Ozone: Restriction on the Sales of Pre-Charged

    2060-AM15

    Split Systems......................................................................... 3121

    SAN 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.................. 3122

    SAN 4849. Petition To Delist a Hazardous Air Pollutant From Section 112 of the Clean

    2060-AM20

    Air Act: Methyl Isobutyl Ketone (MIBK)................................................ 3123

    SAN 4854. Amendments to Vehicle Inspection and Maintenance Program Requirements To

    2060-AM21

    Address New 8-Hour Ozone Standard..................................................... 3124

    SAN 4867. NESHAP: Hydrochloric Acid Production Amendments............................. 2060-AM25 3125

    SAN 4865. Strategy for Addressing Air Emissions from Animal Feeding Operations........ 2060-AM26 3126

    SAN 4853. Requirements for Transmix Processing and Blending Under the Reformulated

    2060-AM27

    Gasoline and Gasoline Sulfur Rules.................................................... 3127

    SAN 4866. NESHAP: Site Remediation; Amendments........................................ 2060-AM30 3128

    SAN 4868. Exemption of Area Sources From Title V Operating Permit Program............. 2060-AM31 3129

    SAN 4880. Control of Air Pollution from New Motor Vehicles and New Motor Vehicle

    2060-AM32

    Engines: Amendments to Evaporative Emissions Regulations and Technical Amendments..... 3130

    SAN 4881. Prevention of Significant Deterioration for Nitrogen Oxides................. 2060-AM33 3131

    SAN 4882. Control of Emissions from Spark-Ignition Engines and Fuel Systems From

    2060-AM34

    Marine Vessels and Small Equipment.................................................... 3132

    SAN 4883. Test Procedures for Highway and Nonroad Engines............................. 2060-AM35 3133

    SAN 4891. National Emission Standards for Hazardous Air Pollutants: Miscellaneous

    2060-AM43

    Organic Chemical Manufacturing; Amendments............................................ 3134

    SAN 4885. Flexible Air Permit Rule.................................................... 2060-AM45 3135

    SAN 4905. National Volatile Organic Compound Emission Standards for Architectural

    2060-AM47

    Coatings; Amendments.................................................................. 3136

    SAN 4899. Control of Ultra Low Sulfur Diesel Fuel Lubricity........................... 2060-AM48 3137

    SAN 4916. Protection of Stratospheric Ozone; Refrigerant Recycling; Certification of

    2060-AM49

    Recovery and Recovery/Recycling Equipment Intended for Use with Substitute

    Refrigerants.......................................................................... 3138

    SAN 4893. Protection of Stratospheric Ozone: Allocation of Essential Use Allowances

    2060-AM50 for Calendar Year 2005................................................................ 3139

    SAN 4901. Protection of Stratospheric Ozone: Modifications to the Technician

    2060-AM55

    Certification Requirements Under Section 608 of the Clean Air Act..................... 3140

    SAN 4894. Protection of Stratospheric Ozone: Extension of the Laboratory and

    2060-AM56

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

    CLEAN AIR ACT (CAA)--Final Rule Stage

    Regulation

    Sequence

    Title

    Identifier

    Number

    Number

    3141

    SAN 4315. Source-Specific Federal Implementation Plan for Navajo Generating Station;

    2009-AA00

    Navajo Nation......................................................................... 3142

    SAN 3569. Source-Specific Federal Implementation Plan for Navajo Generating Station;

    2009-AA01

    Four Corners Power Plant.............................................................. 3143

    SAN 4768. Amendment to Subparts H and I for Emissions of Radionuclides Other Than

    2060-AK81

    Radon from DOE Facilities............................................................. 3144

    SAN 3470.1. Revision to the Guideline on Air Quality Models (Appendix W to 40 CFR Part 2060-AK60 51): Adoption of a Preferred General Purpose (Flat and Complex Terrain) Dispersion

    Model and Other Revisions.............................................................

    Page 38162

    3145

    SAN 3656. NESHAP: Reciprocating Internal Combustion Engine............................ 2060-AG63 3146

    SAN 3837. NESHAP: Industrial, Commercial and Institutional Boilers and Process Heaters 2060-AG69 3147

    SAN 3525. Prot. of Strat. Ozone: Update of the Substitutes List Under (SNAP) Program.. 2060-AG12 3148

    SAN 4683. Air Quality: Revision to Definition of Volatile Organic Compounds -

    2060-AK37

    Exclusion of 4 Compounds.............................................................. 3149

    SAN 2915. Methods for Measurement of Visible Emissions--Addition of Methods 203A,

    2060-AF83 203B, and 203C to Appendix M of Part 51............................................... 3150

    SAN 3900. Addition of Method 207 to Appendix M of 40 CFR Part 51 Method for Measuring

    2060-AG88

    Isocyanates in Stationary Source Emissions............................................ 3151

    SAN 4625. Clean Air Ozone Implementation Rule (Part 1 and 2).......................... 2060-AJ99 3152

    SAN 3958. Amendments to Standard of Performance for New Stationary Sources; Monitoring 2060-AH23

    Requirements (40 CFR Part 60, Appendix F, Procedure 3)................................ 3153

    SAN 4555. Electric Arc Furnace NSPS Amendment......................................... 2060-AJ68 3154

    SAN 4681. Revision of Combustion Turbines NSPS--Part 60, Subpart GG................... 2060-AK35 3155

    SAN 4161. Update of Continuous Instrumental Test Methods.............................. 2060-AK61 3156

    SAN 3820. NESHAP: Plywood and Composite Wood Products................................. 2060-AG52 3157

    SAN 4115. NESHAP: Chromium Electroplating Amendment................................... 2060-AH69 3158

    SAN 4107. NESHAP: Asphalt/Coal Tar Application on Metal Pipes......................... 2060-AH78 3159

    SAN 4313. Petitions To Delist Hazardous Air Pollutants: MEK........................... 2060-AI72 3160

    SAN 4571. Electric Utility Steam Generating Unit MACT Regulation...................... 2060-AJ65 3161

    SAN 4672. NESHAP: Solvent Extraction for Vegetable Oil: Amendments.................... 2060-AK32 3162

    SAN 4712. NESHAP: Hazardous Organic NESHAP (HON) Amendments........................... 2060-AK49 3163

    SAN 4713. NESHAP for Primary Aluminum Reduction Plants; Amendments.................... 2060-AK50 3164

    SAN 4714. NESHAP for Petroleum Refineries: Catalytic Cracking Units, Catalytic

    2060-AK51

    Reforming Units, and Sulfur Recovery Units; Amendments................................ 3165

    SAN 4719. NESHAP: General Provisions; Amendments for Pollution Prevention Alternative

    2060-AK54

    Compliance Requirements............................................................... 3166

    SAN 4751. National Emission Standards for Hazardous Air Pollutants for Stationary

    2060-AK73

    Combustion Turbines--Petition to Delist............................................... 3167

    SAN 4763. NESHAP: Ethylene Processes; Amendments...................................... 2060-AK80 3168

    SAN 4464. Rulemaking on Section 126 Petitions from New York and Connecticut Regarding

    2060-AJ36

    Sources in Michigan; Revision of Definition of Applicable Requirement for Title V

    Operating Permit Programs............................................................. 3169

    SAN 4689. Section 126 Rule Withdrawal Provision....................................... 2060-AK41 3170

    SAN 4340. Transportation Conformity Amendments: Response to March 2, 1999, Court

    2060-AI56

    Decision.............................................................................. 3171

    SAN 4030. Expanded Definitions for Alternative-Fueled Vehicles and Engines Meeting Low- 2060-AH52

    Emission Vehicle Exhaust Emission Standards........................................... 3172

    SAN 4604. Modification of the Anti-Dumping Baseline Date Cut-Off Limit for Data Used

    2060-AJ82 in Development of an Individual Baseline.............................................. 3173

    SAN 4675. Control of Emissions of Air Pollution From Nonroad Diesel Engines and Fuel.. 2060-AK27 3174

    SAN 4757. Emissions Durability Procedures for New Light-Duty Vehicles and Light-Duty

    2060-AK76

    Trucks................................................................................ 3175

    SAN 2665. Importation of Nonconforming Vehicles; Amendments to Regulations............ 2060-AI03 3176

    SAN 4682. Revisions to the Appeal Procedures and the Federal NOx Budget Trading

    2060-AK36

    Program, Parts 78 and 97.............................................................. 3177

    SAN 4487. Federal Implementation Plans for Indian Reservations in Idaho, Oregon and

    2012-AA01

    Washington............................................................................ 3178

    SAN 4254. Revision to the Definition of Volatile Organic Compound (VOC) to Exclude

    2060-AI45

    Tertiary Butyl Acetate................................................................ 3179

    SAN 4450. Clean Air Visibility Rule................................................... 2060-AJ31 3180

    SAN 4621. Control of Hazardous Air Pollutants From Mobile Sources: Default Baseline

    2060-AJ97

    Revision and Minor Corrections........................................................ 3181

    SAN 4631. Adoption of the Amended International NOx Standard for Aircraft Engines..... 2060-AK01 3182

    SAN 4722. California Gasoline Technical Correction.................................... 2060-AK56 3183

    SAN 4706. Anti-Dumping Baseline Recalculation for Downstream Oxygenate Addition....... 2060-AK69 3184

    SAN 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.................................................................... 3185

    SAN 3560.1. Protection of Stratospheric Ozone; Refrigerant Recycling; Certification of 2060-AL77

    Recovery and Recovery/Recycling Equipment Intended for Use with Substitute

    Refrigerants.......................................................................... 3186

    SAN 4800. Consideration of Industry Petition to Remove Ethylene Glycol Monobutyl Ether 2060-AL87 from the Clean Air Act List of Hazardous Air Pollutants............................... 3187

    SAN 4819. Protection of Stratospheric Ozone: Process for Exempting Emergency Uses of

    2060-AL94

    Methyl Bromide........................................................................ 3188

    SAN 4837. National Ambient Air Quality Standards for Particulate Matter; Amendment to

    2060-AM02

    Reflect Court Order Vacating Certain Rules............................................ 3189

    SAN 4839. Clean Air Ozone Designations................................................ 2060-AM03

    Page 38163

    3190

    SAN 4840. Clean Air Fine Particle Designations........................................ 2060-AM04 3191

    SAN 3560.2. Protection of Stratospheric Ozone; Refrigerant Recycling; Substitute

    2060-AM05

    Refrigerants; Leak Repair Requirements for Refrigeration and Air-conditioning

    Equipment............................................................................. 3192

    SAN 4863. NESHAP: Reinforced Plastic Composites--Amendments........................... 2060-AM23 3193

    SAN 4857. Protection of Stratospheric Ozone: Listing of Substitutes for Ozone-

    2060-AM24

    Depleting Substances--Fire Suppression and Explosion Protection....................... 3194

    SAN 4864. NESHAP: Surface Coating of Metal Cans--Amendments........................... 2060-AM28 3195

    SAN 4862. NESHAP: Printing, Coating, and Dyeing of Fabrics and Other Textiles--

    2060-AM29

    Amendments............................................................................ 3196

    SAN 4895. Regulation of Fuel and Fuel Additives: Gasoline and Diesel Test Methods..... 2060-AM42 3197

    SAN 4900. Protection of Stratospheric Ozone: Import Petitioning Requirements for Halon- 2060-AM46 1301 Aircraft Fire Extinguishing Vessels.............................................. 3198

    SAN 4892. National Emission Standards for Pharmaceuticals Production; Amendments...... 2060-AM52 3199

    SAN 4918. Protection of the Stratospheric Ozone: Alternatives for the Mobile Air

    2060-AM54

    Conditioning Sector Under the Significant New Alternatives Policy (SNAP) Program...... 3200

    SAN 4816. National Emission Standards for Hazardous Air Pollutants: Site-Specific

    2090-AA33

    Regulation for Packaging Corporation of America in Tomahawk, Wisconsin................

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

    Regulation

    Sequence

    Title

    Identifier

    Number

    Number

    3201

    SAN 4695. NESHAP: Off-Site Waste and Recovery Operations Residual Risk Standard....... 2060-AK68 3202

    SAN 4607. Accidental Release Prevention Requirements: Risk Management Programs Under

    2050-AE95 the Clean Air Act, Section 112(r)(7); Availability of Information to the Public;

    Technical Amendment................................................................... 3203

    SAN 4619. Accidental Release Prevention Requirements: Risk Management Programs under

    2050-AE96 the Clean Air Act, Section 112(r)(3); Revisions to the List of Substances............. 3204

    SAN 4531. Evaluation of Updated Test Procedures for the Certification of Gasoline

    2060-AJ61

    Deposit Control Additives............................................................. 3205

    SAN 1002. NAAQS: Sulfur Dioxide (Response to Remand).................................. 2060-AA61 3206

    SAN 3919. Prevention of Significant Deterioration of Air Quality: Permit Application

    2060-AH01

    Review Procedures for Non-Federal Class I Areas....................................... 3207

    SAN 4096. Phase I (FIP) To Reduce the Regional Transport of Ozone in the Eastern

    2060-AH87

    United States......................................................................... 3208

    SAN 4653. NESHAP: Aerospace Manufacturing and Rework Facilities Residual Risk

    2060-AK08

    Standards............................................................................. 3209

    SAN 4654. NESHAP: Ethylene Oxide for Sterilization Facilities - Residual Risk

    2060-AK09

    Standards............................................................................. 3210

    SAN 4657. NESHAP: Group II Polymers and Resins - Residual Risk Standards.............. 2060-AK13 3211

    SAN 4661. NESHAP: National Emission Standards for Marine Tank Vessel Loading

    2060-AK17

    Operations - Residual Risk Standard................................................... 3212

    SAN 4665. NESHAP: Secondary Lead Smelting Residual Risk Standards..................... 2060-AK19 3213

    SAN 4666. NESHAP: Shipbuilding and Ship Repair Surface Coating -- Residual Risk

    2060-AK20

    Standards............................................................................. 3214

    SAN 4668. NESHAP: Halogenated Solvent Cleaning - Residual Risk Standards.............. 2060-AK22 3215

    SAN 4669. NESHAP: Magnetic Tape Manufacturing Operations Residual Risk Standard....... 2060-AK23 3216

    SAN 4664. NESHAP: Printing and Publishing Industry - Residual Risk Standards.......... 2060-AK24 3217

    SAN 4663. NESHAP: Petroleum Refineries--Residual Risk Standards....................... 2060-AK25 3218

    SAN 4750. National Emission Standards for Chromium Emissions From Hard and Decorative

    2060-AK72

    Chromium Electroplating and Chromium Anodizing Tanks - Residual Risk Standards........ 3219

    SAN 4656. NESHAP: Group I Polymers and Resins -- Residual Risk Standards.............. 2060-AK12 3220

    SAN 4659. NESHAP: Hazardous Organic NESHAP (HON) Residual Risk Standards.............. 2060-AK14 3221

    SAN 4658. NESHAP: Group IV Polymers and Resins--Residual Risk Standards............... 2060-AK15 3222

    SAN 4383. Interstate Ozone Transport: Rulemaking on Section 126 Petitions From the

    2060-AI99

    District of Columbia, Delaware, Maryland, and New Jersey.............................. 3223

    SAN 3910. Streamlined Evaporative Test Procedures..................................... 2060-AH34 3224

    SAN 4393. Control of Methyl Tertiary Butyl Ether (MTBE)............................... 2060-AJ00 3225

    SAN 3412. Operating Permits: Revisions (Part 70)...................................... 2060-AF70 3226

    SAN 3922. Revised Permit Revision Procedures for the Federal Operating Permits Program- 2060-AG92

    Part 71............................................................................... 3227

    SAN 4700. Selection of Sequence of Mandatory Sanctions to be Applied Pursuant to

    2060-AK46

    Section 502 of the Clean Air Act...................................................... 3228

    SAN 3263. Performance Warranty and Inspection/Maintenance Test Procedures............. 2060-AE20 3229

    SAN 3917. Transportation Conformity Rule Amendment: Clarification of Trading

    2060-AH31

    Provisions............................................................................

    Page 38164

    3230

    SAN 4348. Inspection Maintenance Program Requirements for Federal Facilities;

    2060-AI97

    Amendment to the Final Rule........................................................... 3231

    SAN 4391. Rescinding Finding That Preexisting PM10 Standards No Longer Applicable in

    2060-AJ05

    Northern Ada County/Boise, Idaho...................................................... 3232

    SAN 4691. Prevention of Significant Deterioration (PSD) and Nonattainment New Source

    2060-AK42

    Review (NSR): Clean Units............................................................. 3233

    SAN 4557.1. Amendments to the Requirements on Variability in the Composition of

    2060-AK62

    Additives Certified Under the Gasoline Deposit Control Program........................ 3234

    SAN 4783. Voluntary Superior Monitoring............................................... 2060-AK85 3235

    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................. 3236

    SAN 4799. Consideration of Industry Petition To Remove the 2-Piece Can Subcategory

    2060-AL86

    From the Clean Air Act Hazardous Air Pollutant Source Category List................... 3237

    SAN 4810. NESHAP: Ferroalloys Production: Ferromanganese and Silicomanganese Residual

    2060-AL93

    Risk Standards........................................................................ 3238

    SAN 4825. Mineral Wool Production Residual Risk Standard.............................. 2060-AL96 3239

    SAN 4831. NESHAP for Flexible Polyurethane Foam Production: Residual Risk Standards... 2060-AL99 3240

    SAN 4832. NESHAP: Pharmaceuticals Production: Residual Risk Standards................. 2060-AM00 3241

    SAN 4861. NESHAP: Area Source Standards--Paint Stripping.............................. 2060-AM07 3242

    SAN 4856. Protection of Stratospheric Ozone: Amendments to the Section 608 Leak Repair 2060-AM09

    Regulations........................................................................... 3243

    SAN 4855. NESHAP: Asphalt Processing and Asphalt Roofing Manufacturing--Amendments.... 2060-AM10 3244

    SAN 4873. NESHAP: Area Source Standards--Glass Manufacturing Industry................. 2060-AM12 3245

    SAN 4860. NESHAP: Area Source Standards--Acrylic/ Modacrylic Fiber (AMF) Production... 2060-AM13 3246

    SAN 4875. NESHAP: Area Source Standards--Oil and Natural Gas Production............... 2060-AM16 3247

    SAN 4847. NESHAP: Oil and Natural Gas Production Residual Risk Standards.............. 2060-AM18 3248

    SAN 4874. NESHAP: Area Source Standards--Industrial Inorganic Chemicals Manufacturing. 2060-AM19 3249

    SAN 4848. NESHAP: Total Facility Low Risk Determination (TFLRD) for Residual Risk..... 2060-AM22 3250

    SAN 4879. Area Source National Emission Standards for Hazardous Air Pollutants

    2060-AM36

    (NESHAP) for Iron and Steel Foundries................................................. 3251

    SAN 4886. NESHAP: Area Source Standards--Plating and Polishing........................ 2060-AM37 3252

    SAN 4884. Area Source National Emission Standards for Hazardous Air Pollutants

    2060-AM44

    (NESHAP) for Industrial, Commercial, and Institutional Boilers........................ 3253

    SAN 4917. Protection of Stratospheric Ozone: Substitute Refrigerant Recycling;

    2060-AM51

    Amendment to the Definition of Refrigerant............................................ 3254

    SAN 4906. NESHAP: Area Source Standards--Clay Ceramics Industry....................... 2060-AM53

    CLEAN AIR ACT (CAA)--Completed Actions

    Regulation

    Sequence

    Title

    Identifier

    Number

    Number

    3255

    SAN 4755. Accidental Release Prevention Requirements: Risk Management Programs

    2050-AF09

    Requirements Under Clean Air Act Section 112(r)(7); Amendments to the Submission

    Schedule and Data Requirements........................................................ 3256

    SAN 4415. Petitions to Delist Source Categories from the Source Category List,

    2060-AJ23

    Developed Pursuant to Section 112(c) of the Clean Air Act............................. 3257

    SAN 4532. Motor Vehicle and Engine Compliance Program Fees for: Light-Duty Vehicles

    2060-AJ62 and Trucks; Heavy-Duty Vehicles and Engines; Nonroad Engines; and Motorcycles......... 3258

    SAN 3657. NESHAP: Combustion Turbine.................................................. 2060-AG67 3259

    SAN 3343. NESHAP: Iron and Steel Foundries............................................ 2060-AE43 3260

    SAN 3452. National Emission Standards for Hazardous Air Pollutants: Miscellaneous

    2060-AE82

    Organic Chemical Manufacturing........................................................ 3261

    SAN 2841. NESHAP: Chromium Electroplating Amendment (Tin-Free Steel).................. 2060-AH08 3262

    SAN 3452.1. National Emission Standards for Hazardous Air Pollutants: Miscellaneous

    2060-AK59

    Coating Manufacturing................................................................. 3263

    SAN 4433. Interstate Ozone Transport: Response to Court Decisions on the NOx SIP Call, 2060-AJ16

    NOx SIP Call Technical Amendments, and Section 126 Rules.............................. 3264

    SAN 4508. Standards of Performance for New Stationary Sources: Volatile Organic Liquid 2060-AJ53

    Storage Vessels; Amendments........................................................... 3265

    SAN 4605. Proposed Amendments to Performance Standards and Monitoring Requirements for 2060-AJ88

    Particulate Matter at Stationary Sources.............................................. 3266

    SAN 3449. NESHAP: Mercury Cell Chlor-Alkali Plants.................................... 2060-AE85

    Page 38165

    3267

    SAN 3825. NESHAP: Miscellaneous Metal Parts and Products (Surface Coating)............ 2060-AG56 3268

    SAN 3651. NESHAP: Lime Manufacturing.................................................. 2060-AG72 3269

    SAN 3906. NESHAP: Surface Coating of Metal Cans....................................... 2060-AG96 3270

    SAN 3907. NESHAP: Surface Coating of Automobiles and Light-Duty Trucks................ 2060-AG99 3271

    SAN 3924. NESHAP: Primary Magnesium Refining.......................................... 2060-AH03 3272

    SAN 3968. NESHAP: Site Remediation.................................................... 2060-AH12 3273

    SAN 3971. NESHAP: Organic Liquids Distribution (Non-Gasoline)......................... 2060-AH41 3274

    SAN 4380. NESHAP: Taconite Iron Ore Processing Industry............................... 2060-AJ02 3275

    SAN 4426. Clarification to Existing Part 63 NESHAP Delegations' Provisions............ 2060-AJ26 3276

    SAN 4479. NESHAP: Gasoline Distribution Facilities--Amendment......................... 2060-AJ42 3277

    SAN 4591. Benzene Waste Operations NESHAP; Amendments................................. 2060-AJ87 3278

    SAN 4685. NESHAP: Chlorine Production................................................. 2060-AK38 3279

    SAN 4785. NESHAP: Perchlorethylene Dry Cleaning Facilities (Completion of a Section

    2060-AK64 610 Review)........................................................................... 3280

    SAN 4441. Federal Plan Requirements for Commercial and Industrial Solid Waste

    2060-AJ28

    Incineration Units Constructed On or Before November 30, 1999......................... 3281

    SAN 4626. Control of Emissions from Highway Motorcycles............................... 2060-AJ90 3282

    SAN 4756. Protection of Stratospheric Ozone: Ban on Trade of Methyl Bromide to Non-

    2060-AK67

    Parties to the Montreal Protocol...................................................... 3283

    SAN 3556. Protection of Stratospheric Ozone: Supplemental Rule Regarding a Recycling

    2060-AF36

    Standard Under Section 608............................................................ 3284

    SAN 3560. Protection of Stratospheric Ozone: Refrigerant Recycling; Substitute

    2060-AF37

    Refrigerants.......................................................................... 3285

    SAN 3673. Protection of Stratospheric Ozone: Reconsideration of Section 608 Sales

    2060-AG20

    Restriction........................................................................... 3286

    SAN 4548. Compilation of Source-Specific Alternative Methods Being Approved for Source- 2060-AJ84

    Category Wide Application............................................................. 3287

    SAN 4569.1. Control of Air Pollution from New Motor Vehicles; Addendum to Second

    2060-AK63

    Amendment to the Tier 2/Gasoline Sulfur Regulations................................... 3288

    SAN 4622.1. Amendment to Marine Diesel Rule........................................... 2060-AL81 3289

    SAN 4791. Revisions to Federal Operating Permits Program Fee Payment Deadlines for

    2060-AL82

    California Agricultural Sources....................................................... 3290

    SAN 4801. Amendments to the Phase 2 Requirements for Spark-Ignition Nonroad Engines

    2060-AL88 less than 19 Kilowatts................................................................ 3291

    SAN 4833. Protection of Stratospheric Ozone: Allocation of Essential Use Allowances

    2060-AM01 for Calendar Year 2004................................................................ 3292

    SAN 4278. Project XL Site-Specific Rulemaking for Andersen Corporation's Facility in

    2090-AA21

    Bayport, Minnesota....................................................................

    ATOMIC ENERGY ACT (AEA)--Proposed Rule Stage

    Regulation

    Sequence

    Title

    Identifier

    Number

    Number

    3293

    SAN 4054. Environmental Radiation Protection Standards for the Disposal of Low-

    2060-AH63

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

    ATOMIC ENERGY ACT (AEA)--Final Rule Stage

    Regulation

    Sequence

    Title

    Identifier

    Number

    Number

    3294

    SAN 4403. Revision of the 40 CFR Part 194 Waste Isolation Pilot Plant Compliance

    2060-AJ07

    Criteria..............................................................................

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

    Regulation

    Sequence

    Title

    Identifier

    Number

    Number

    3295

    SAN 4003. Technical Change to Dose Methodology for 40 CFR Part 190, Subpart B and 40

    2060-AH90

    CFR 191, Subpart A....................................................................

    Page 38166

    3296

    SAN 4054.1. Approaches to an Integrated Framework for Management and Disposal of Low-

    2060-AL78

    Activity Radioactive Waste: Request for Comment.......................................

    ATOMIC ENERGY ACT (AEA)--Completed Actions

    Regulation

    Sequence

    Title

    Identifier

    Number

    Number

    3297

    SAN 4686. Waste Isolation Pilot Plant (WIPP) FY 2001 Report to Congress............... 2060-AK39

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

    Regulation

    Sequence

    Title

    Identifier

    Number

    Number

    3298

    SAN 4727. Endocrine Disruptor Screening Program (EDSP); Chemical Selection Approach

    2070-AD59 for Initial Round of Screening........................................................ 3299

    SAN 4789. Pesticide Worker Protection Rule (Section 610 Review)....................... 2070-AD66

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

    Regulation

    Sequence

    Title

    Identifier

    Number

    Number

    3300

    SAN 2687. Pesticides; Data Requirements for Conventional Chemicals.................... 2070-AC12 3301

    SAN 4173. Pesticides; Data Requirements for Antimicrobials............................ 2070-AD30 3302

    SAN 4728. Endocrine Disrupter Screening Program (EDSP); Implementing the Screening and 2070-AD61

    Testing Phase......................................................................... 3303

    SAN 4170. Pesticides; Procedures for the Registration Review Program.................. 2070-AD29 3304

    SAN 4216. Pesticides; Emergency Exemption Process Revisions........................... 2070-AD36

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

    Regulation

    Sequence

    Title

    Identifier

    Number

    Number

    3305

    SAN 2659. Pesticide Management and Disposal; Standards for Pesticide Containers and

    2070-AB95

    Containment........................................................................... 3306

    SAN 3731. WPS; Pesticide Worker Protection Standard (WPS); Glove Amendment............ 2070-AC93 3307

    SAN 3892. Pesticides; Registration Requirements for Antimicrobial Pesticide Products.. 2070-AD14

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

    Regulation

    Sequence

    Title

    Identifier

    Number

    Number

    3308

    SAN 4596. Pesticides; Data Requirements for Biochemical and Microbial Products........ 2070-AD51 3309

    SAN 4027. Pesticides; Tolerance Processing Fees....................................... 2070-AD23 3310

    SAN 4175. Pesticide Tolerance Reassessment Program.................................... 2070-AD24 3311

    SAN 4602. Plant Incorporated Protectants (PIPs); Exemption for those Based on Viral

    2070-AD49

    Coat Proteins......................................................................... 3312

    SAN 4611. Plant-Incorporated Protectants (PIPs); Exemption for Those Derived Through

    2070-AD55

    Genetic Engineering From Sexually Compatible Plants................................... 3313

    SAN 4612. Plant Incorporated Protectants (PIPs); Exemption for PIPs that Act by

    2070-AD56

    Primarily Affecting the Plant......................................................... 3314

    SAN 4610. Acceptability of Research Using Human Subjects.............................. 2070-AD57 3315

    SAN 4618. Revision of Procedural Rules for Hearings on Cancellations, Suspensions,

    2020-AA44

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

    Page 38167

    3316

    SAN 3222. Groundwater and Pesticide Management Plan Rule.............................. 2070-AC46 3317

    SAN 4609. Pesticides; Exemption of Medical Devices Treated with Antimicrobial

    2070-AD54

    Pesticides............................................................................

    TOXIC SUBSTANCES CONTROL ACT (TSCA)--Prerule Stage

    Regulation

    Sequence

    Title

    Identifier

    Number

    Number

    3318

    SAN 4876. Voluntary Children's Chemical Evaluation Program (VCCEP).................... 2070-AC27 3319

    SAN 4788. Lead; Requirements for Lead-Based Paint Activities in Target Housing and

    2070-AD65

    Child-Occupied Facilities (Section 610 Review)........................................ 3320

    SAN 4858. Notification of Chemical Exports Under TSCA Section 12(b)................... 2070-AJ01 3321

    SAN 3557.1. Lead-Based Paint Activities; Voluntary Program for Renovation and

    2070-AJ03

    Remodeling............................................................................ 3322

    SAN 4878. TSCA Inventory Nomenclature for Enzymes and Proteins........................ 2070-AJ04

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

    Regulation

    Sequence

    Title

    Identifier

    Number

    Number

    3323

    SAN 4635. Amendment to the Premanufacture Notification Exemptions; Revisions of

    2070-AD58

    Exemptions for Polymers............................................................... 3324

    SAN 2563. Test Rule; Certain Chemicals on the ATSDR Priority List of Hazardous

    2070-AB79

    Substances............................................................................ 3325

    SAN 4395. Test Rule; Multiple Substance Rule for the Testing of Developmental and

    2070-AD44

    Reproductive Toxicity................................................................. 3326

    SAN 3301.1. TSCA Inventory Update Rule Revisions...................................... 2070-AD63 3327

    SAN 1923. Follow-Up Rules on Existing Chemicals....................................... 2070-AA58 3328

    SAN 4512. Significant New Use Rule (SNUR); Selected Flame Retardant Chemical

    2070-AD48

    Substances for Use in Residential Upholstered Furniture............................... 3329

    SAN 4870. Significant New Use Rule (SNUR); Pentabromodiphenylether and

    2070-AJ02

    Octabromodiphenylether................................................................ 3330

    SAN 2150.1. Polychlorinated Biphenyls (PCBs); Exemption Request From U.S. Maritime

    2070-AJ05

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

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

    Regulation

    Sequence

    Title

    Identifier

    Number

    Number

    3331

    SAN 1976. Significant New Use Rules (SNURs); Follow-Up Rules on Non-5(e) New Chemical

    2070-AA59

    Substances............................................................................ 3332

    SAN 3495. Significant New Use Rule (SNUR); Chemical-Specific SNURs To Extend

    2070-AB27

    Provisions of Section 5(e) Orders..................................................... 3333

    SAN 3493. Test Rules and Enforceable Consent Agreements Under the Toxic Substances

    2070-AB94

    Control Act (Generic Entry)........................................................... 3334

    SAN 3990. Test Rule; Testing of Certain High Production Volume (HPV) Chemicals........ 2070-AD16 3335

    SAN 2178. TSCA Section 8(a) Preliminary Assessment Information Rules.................. 2070-AB08 3336

    SAN 1139. TSCA Section 8(d) Health and Safety Data Reporting Rules.................... 2070-AB11 3337

    SAN 3493.1. Testing Agreement for Perfluorooctanoic Acid (PFOA)....................... 2070-AJ06

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

    Regulation

    Sequence

    Title

    Identifier

    Number

    Number

    3338

    SAN 3148. Asbestos Model Accreditation Plan Revisions................................. 2070-AC51 3339

    SAN 3252. Lead Fishing Sinkers; Response to Citizens Petition and Proposed Ban........ 2070-AC21 3340

    SAN 4376. Lead-Based Paint Activities; Training, Accreditation, and Certification Rule 2070-AC64 and Model State Plan Rule--Bridges and Structures..................................... 3341

    SAN 3508. Lead; Management and Disposal of Lead-Based Paint Debris.................... 2070-AC72

    Page 38168

    3342

    SAN 3557. Lead-Based Paint Activities; Abatement Amendments for Renovation and

    2070-AC83

    Remodeling............................................................................ 3343

    SAN 2150. Polychlorinated Biphenyls (PCBs); Exemptions From the Prohibitions Against

    2070-AB20

    Manufacturing, Processing, and Distribution in Commerce............................... 3344

    SAN 4597. Polychlorinated Biphenyls (PCBs); Disposal of PCBs; Implementation Issues... 2070-AD52 3345

    SAN 3487. Test Rule; Hazardous Air Pollutants (HAPs).................................. 2070-AC76 3346

    SAN 3882. Test Rule; Certain Metals................................................... 2070-AD10 3347

    SAN 4174. Testing Agreement for Certain Oxygenated Fuel Additives..................... 2070-AD28 3348

    SAN 3528. Significant New Use Rule (SNUR); Refractory Ceramic Fibers (RCFs)........... 2070-AC37 3349

    SAN 4176. Voluntary High Production Volume (HPV) Chemical Challenge Program........... 2070-AD25 3350

    SAN 4598. TSCA Policy Statement on Oversight of Transgenic Organisms (Including

    2070-AD53

    Plants)............................................................................... 3351

    SAN 4777. Lead; Amendments to Requirements for Disclosure of Known Lead-Based Paint or 2070-AD64

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

    TOXIC SUBSTANCES CONTROL ACT (TSCA)--Completed Actions

    Regulation

    Sequence

    Title

    Identifier

    Number

    Number

    3352

    SAN 4172. Lead; Notification Requirements for Lead-Based Paint Abatement Activities

    2070-AD31 and Training.......................................................................... 3353

    SAN 4425. Test Rule; In Vitro Dermal Absorption Rate Testing of Certain Chemicals of

    2070-AD42

    Interest to the Occupational Safety and Health Administration......................... 3354

    SAN No. 3118 TSCA Section 8(e) Policy; Notice of Clarification........................ 2070-AC80

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

    Regulation

    Sequence

    Title

    Identifier

    Number

    Number

    3355

    SAN 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................................................................ 3356

    SAN 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........................................................................... 3357

    SAN 4896. Toxics Release Inventory Reporting Burden Reduction Rule.................... 2025-AA14

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

    Regulation

    Sequence

    Title

    Identifier

    Number

    Number

    3358

    SAN 3994. Response to a Petition Requesting Deletion of Phosmet From the Extremely

    2050-AE42

    Hazardous Substances (EHS) List....................................................... 3359

    SAN 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...................................................

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

    Regulation

    Sequence

    Title

    Identifier

    Number

    Number

    3360

    SAN 3215. Emergency Planning and Community Right-to-Know Act: Amendments and

    2050-AE17

    Streamlining Rule..................................................................... 3361

    SAN 4015. TRI; Review of Chemicals on the Original TRI List........................... 2025-AA03 3362

    SAN 2425. TRI; Responses to Petitions Received To Add or Delete or Modify Chemical

    2025-AA00

    Listings on the Toxic Release Inventory............................................... 3363

    SAN 4265. TRI; Revisions to the Otherwise Use Activity Exemptions and the Coal

    2025-AA06

    Extraction Activities Exemption....................................................... 3364

    SAN 2847. TRI; Pollution Prevention Act Information Requirements...................... 2025-AA09

    Page 38169

    3365

    SAN 4616. Clarify TRI Reporting Obligations Under EPCRA Section 313 for the Metal

    2025-AA11

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

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

    Regulation

    Sequence

    Title

    Identifier

    Number

    Number

    3366

    SAN 4781. Trade Secrecy Claims for Emergency Planning and Community Right-to-Know

    2050-AF10

    Information; and Trade Secret Disclosures to Health Professionals; Amendment..........

    RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)--Prerule Stage

    Regulation

    Sequence

    Title

    Identifier

    Number

    Number

    3367

    SAN 4898. Land Disposal Restrictions Phase III: Decharacterized Wastewaters, Carbamate 2050-AG17

    Wastes, and Spent Potliners (Section 610 Review)...................................... 3368

    SAN 4897. Land Disposal Restrictions Phase II: Universal Treatment Standards, and

    2050-AG19

    Treatment Standards for Organic Toxicity Characteristic Wastes and Newly Listed Wastes

    (Section 610 Review)..................................................................

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

    Regulation

    Sequence

    Title

    Identifier

    Number

    Number

    3369

    SAN 4230. Revisions to Solid Waste Landfill Criteria--Leachate Recirculation on

    2050-AE67

    Alternative Liners.................................................................... 3370

    SAN 4606. Revisions for Transboundary Shipments of Hazardous Waste for Recovery Within 2050-AE93 the Organization for Economic Cooperation and Development............................. 3371

    SAN 2647. RCRA Subtitle C Financial Test Criteria (Revision).......................... 2050-AC71 3372

    SAN 4743. Land Disposal Restrictions: Determination of Equivalent Treatment for

    2050-AF12

    Macroencapsulation of Radioactive Lead Solids; Definition of Macroencapsulation....... 3373

    SAN 4828. RCRA Incentives for Performance Track Members............................... 2090-AA34

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

    Regulation

    Sequence

    Title

    Identifier

    Number

    Number

    3374

    SAN 4028. Standardized Permit for RCRA Hazardous Waste Management Facilities.......... 2050-AE44 3375

    SAN 3545. Revisions to the Comprehensive Guideline for Procurement of Products

    2050-AE23

    Containing Recovered Materials........................................................ 3376

    SAN 3989. Methods Innovation Rule..................................................... 2050-AE41 3377

    SAN 3147. Hazardous Waste Manifest Regulation......................................... 2050-AE21 3378

    SAN 4084. Office of Solid Waste Burden Reduction Initiative........................... 2050-AE50 3379

    SAN 3066. Listing Determination and LDR for Wastes Generated During the Manufacture of 2050-AD80

    Azo, Anthraquinone, and Triarylmethane Dyes and Pigments.............................. 3380

    SAN 4092. Recycling of Cathode Ray Tubes (CRTs) and Mercury-Containing Equipment:

    2050-AE52

    Changes to Hazardous Waste Regulations................................................ 3381

    SAN 4501. Revision of Wastewater Treatment Exemptions for Hazardous Waste Mixtures.... 2050-AE84 3382

    SAN 3333. NESHAPS: Standards for Hazardous Air Pollutants for Hazardous Waste

    2050-AE01

    Combustors............................................................................ 3383

    SAN 4439. Project XL -- Ortho-McNeil Pilot Project Allowing On-Site Treatment of Low-

    2090-AA14

    Level Mixed Wastes Without RCRA Permit................................................

    Page 38170

    3384

    SAN 4565. Project XL Site-Specific Rulemaking for the IBM Semiconductor Manufacturing

    2090-AA29

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

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

    Regulation

    Sequence

    Title

    Identifier

    Number

    Number

    3385

    SAN 3856. Management of Cement Kiln Dust (CKD)........................................ 2050-AE34 3386

    SAN 4470. Standards for the Management of Coal Combustion Wastes Generated by

    2050-AE81

    Commercial Electric Power Producers................................................... 3387

    SAN 4469. Standards for the Management of Coal Combustion Wastes--Non-Power Producers

    2050-AE83 and Minefilling....................................................................... 3388

    SAN 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-Final Rule............................................ 3389

    SAN 4735. RCRA Burden Reduction Initiative, Phase 2................................... 2050-AF01 3390

    SAN 4701. E-Cycling Pilot Project for Region 3 States (ECOS); Streamlining RCRA

    2003-AA00

    Regulations to Encourage Reuse, Recycling, and Recovery of Electronic Equipment....... 3391

    SAN 3189. Final Determination of the Applicability of the Toxicity Characteristic Rule 2050-AD69 to Petroleum Contaminated Media and Debris from Underground Storage Tanks............. 3392

    SAN 4091. Modifications to RCRA Rules Associated With Solvent-Contaminated Industrial

    2050-AE51

    Wipes................................................................................. 3393

    SAN 4651. Increase Metals Reclamation from F006 Waste Streams......................... 2050-AE97 3394

    SAN 4670. Revisions to the Definition of Solid Waste.................................. 2050-AE98 3395

    SAN 4778. Revisions of the Lead-Acid Battery Export Notification and Consent

    2050-AF06

    Requirements.......................................................................... 3396

    SAN 4834. Regulatory Amendments to the F019 Hazardous Waste Listing To Exclude the

    2050-AG15

    Wastewater Treatment Sludges From the Chemical Conversion Coating Process (Zinc

    Phosphating) of Automobile Bodies of Aluminum......................................... 3397

    SAN 4920. Streamlining Laboratory Waste Management in Academic and Research

    2050-AG18

    Laboratories..........................................................................

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

    Regulation

    Sequence

    Title

    Identifier

    Number

    Number

    3398

    SAN 4588. Research, Development, and Demonstration Permits for Municipal Solid Waste

    2050-AE92

    Landfill.............................................................................. 3399

    SAN 4534. Project XL Site-Specific Rulemaking for Anne Arundel County Millersville

    2090-AA25

    Landfill, Severn, Maryland............................................................

    OIL POLLUTION ACT (OPA)--Proposed Rule Stage

    Regulation

    Sequence

    Title

    Identifier

    Number

    Number

    3400

    SAN 2634. Revisions to the Spill Prevention, Control, and Countermeasures (SPCC) Rule. 2050-AG16

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

    Regulation

    Sequence

    Title

    Identifier

    Number

    Number

    3401

    SAN 3439. National Priorities List for Uncontrolled Hazardous Waste Sites: Proposed

    2050-AD75 and Final Rules....................................................................... 3402

    SAN 4739. Standards and Practices for Conducting All Appropriate Inquiries............ 2050-AF04 3403

    SAN 4177. Revise 40 CFR Part 35 Subpart O: Cooperative Agreements and Superfund State

    2050-AE62

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

    Page 38171

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

    Regulation

    Sequence

    Title

    Identifier

    Number

    Number

    3404

    SAN 3423. Reportable Quantity Adjustments for Carbamates and Carbamate-Related

    2050-AE12

    Hazardous Waste Streams; Reportable Quantity Adjustment for Inorganic Chemical

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

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

    Regulation

    Sequence

    Title

    Identifier

    Number

    Number

    3405

    SAN 4201. Criteria for the Designation of Hazardous Substances Under CERCLA Section

    2050-AE63 102(a)................................................................................ 3406

    SAN 4736. Administrative Reporting Exemption for Certain Air Releases of NOx.......... 2050-AF02 3407

    SAN 4737. Correction of Errors and Adjustment of CERCLA Reportable Quantities......... 2050-AF03

    CLEAN WATER ACT (CWA)--Prerule Stage

    Regulation

    Sequence

    Title

    Identifier

    Number

    Number

    3408

    SAN 4344. Water Quality Standards for Indian Country Waters........................... 2040-AD46

    CLEAN WATER ACT (CWA)--Proposed Rule Stage

    Regulation

    Sequence

    Title

    Identifier

    Number

    Number

    3409

    SAN 4526. Revisions to the National Oil and Hazardous Substances Pollution Contingency 2050-AE87

    Plan; Subpart J Product Schedule Listing Requirements................................. 3410

    SAN 4357. Uniform National Discharge Standards for Vessels of the Armed Forces--Phase

    2040-AD39

    II.................................................................................... 3411

    SAN 4543. Minimizing Adverse Environmental Impact from Cooling Water Intake Structures 2040-AD70 at Existing Facilities Under Section 316(b) of the Clean Water Act, Phase 3........... 3412

    SAN 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............................................. 3413

    SAN 4690. Policy Regarding National Pollutant Discharge Elimination System Permit

    2040-AD87

    Requirements for Municipal Wastewater Treatment During Wet Weather Conditions......... 3414

    SAN 4852. Water Quality Standards for Pathogens and Pathogen Indicators for Coastal

    2040-AE63

    Recreation Waters.....................................................................

    CLEAN WATER ACT (CWA)--Final Rule Stage

    Regulation

    Sequence

    Title

    Identifier

    Number

    Number

    3415

    SAN 4280. Effluent Guidelines and Standards for the Construction and Development

    2040-AD42

    Industry.............................................................................. 3416

    SAN 4406. Effluent Guidelines and Standards for the Concentrated Aquatic Animal

    2040-AD55

    Production Industry................................................................... 3417

    SAN 4407. Effluent Guidelines and Standards for the Meat and Poultry Products Point

    2040-AD56

    Source Category (Revisions)........................................................... 3418

    SAN 4766. Effluent Guidelines Program Plan for 2004/2005.............................. 2040-AD92 3419

    SAN 4378. Test Procedures: Revisions to Method Detection and Quantitation for the

    2040-AD53

    Clean Water Act....................................................................... 3420

    SAN 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...................... 3421

    SAN 4474. Minimizing Adverse Environmental Impact From Cooling Water Intake Structures 2040-AD62 at Existing Facilities Under Section 316(b) of the Clean Water Act, Phase 2........... 3422

    SAN 3663. Streamlining the General Pretreatment Regulations for Existing and New

    2040-AC58

    Sources of Pollution.................................................................. 3423

    SAN 3288. Comparison of Dredged Material to Reference Sediment........................ 2040-AC14 3424

    SAN 4822. Effluent Guidelines and Standards: Recodification of Various Effluent

    2040-AE61

    Guidelines............................................................................ 3425

    SAN 3925. Uniform National Discharge Standards for Armed Forces Vessels--Phase II..... 2040-AE64

    Page 38172

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

    Regulation

    Sequence

    Title

    Identifier

    Number

    Number

    3426

    SAN 4370. Effluent Guidelines and Standards for the Pulp, Paper, and Paperboard Point

    2040-AD49

    Source Category, Dissolving Kraft and Dissolving Sulfite Subcategories (Phase III).... 3427

    SAN 3702. Test Procedures for the Analysis of Trace Metals Under the Clean Water Act.. 2040-AC75 3428

    SAN 3714. Test Procedures: Increased Method Flexibility for Test Procedures Approved

    2040-AC92 for Clean Water Act Compliance Monitoring............................................. 3429

    SAN 3713. Test Procedures: Performance-Based Measurement System (PBMS) Procedures and

    2040-AC93

    Guidance for Clean Water Act Test Procedures.......................................... 3430

    SAN 4049. Test Procedures for the Analysis of Co-Planar and Mono-Ortho-Substituted

    2040-AD09

    Polychlorinated Biphenyls (PCBs) Under the Clean Water Act............................ 3431

    SAN 3786. NPDES Streamlining Rule -- Round III........................................ 2040-AC84 3432

    SAN 4623. Watershed Rule: Total Maximum Daily Load (TMDL) Program Revisions........... 2040-AD82 3433

    SAN 4493. Clean Water State Revolving Fund Regulation Revisions Re: Use as Matching

    2040-AD68

    Funds................................................................................. 3434

    SAN 4746. Regulations for Gray and Black Water Discharges From Cruise Ships Operating

    2040-AD89 in Certain Alaskan Waters.............................................................

    CLEAN WATER ACT (CWA)--Completed Actions

    Regulation

    Sequence

    Title

    Identifier

    Number

    Number

    3435

    SAN 4776. Effluent Guidelines and Standards for the Centralized Waste Treatment Point

    2040-AD95

    Source Category (Revision)............................................................ 3436

    SAN 4264. Water Quality Standards for Alabama--Phase II............................... 2040-AD35 3437

    SAN 3488. Round 2 Standards for the Use or Disposal of Sewage Sludge.................. 2040-AC25 3438

    SAN 4624. Modification to Competitive Process Used by EPA for Wetland Program

    2040-AD83

    Development Grants.................................................................... 3439

    SAN 4792. Sewage Sludge Round I (Completion of a Section 610 Review).................. 2040-AD96 3440

    SAN 4803. Sludge: Agency Response to the National Research Council Report on Biosolids 2040-AE59

    Applied to Land and the Results of EPA's Review of Existing Sewage Sludge Regulations.

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

    Regulation

    Sequence

    Title

    Identifier

    Number

    Number

    3441

    SAN 3238. National Primary Drinking Water Regulations: Aldicarb....................... 2040-AC13 3442

    SAN 4770. Unregulated Contaminant Monitoring Regulation for Public Water Systems

    2040-AD93

    Revisions............................................................................. 3443

    SAN 4826. National Primary Drinking Water Regulations: Analytical Method for Uranium.. 2040-AE62

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

    Regulation

    Sequence

    Title

    Identifier

    Number

    Number

    3444

    SAN 2340. National Primary Drinking Water Regulations: Groundwater Rule............... 2040-AA97 3445

    SAN 4795. National Primary Drinking Water Regulations: Minor Corrections and

    2040-AE58

    Clarification to Drinking Water Regulations...........................................

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

    Regulation

    Sequence

    Title

    Identifier

    Number

    Number

    3446

    SAN 2281. National Primary Drinking Water Regulations: Radon.......................... 2040-AA94 3447

    SAN 4341. National Primary Drinking Water Regulations: Long Term 2 Enhanced Surface

    2040-AD37

    Water Treatment Rule.................................................................. 3448

    SAN 4342. National Primary Drinking Water Regulations: Stage 2 Disinfection Byproducts 2040-AD38

    Rule..................................................................................

    Page 38173

    3449

    SAN 4404. National Secondary Drinking Water Regulations (NSDWR): Methyl Tertiary Butyl 2040-AD54

    Ether (MTBE) and Technical Corrections to the NSDWR................................... 3450

    SAN 4775. National Primary Drinking Water Regulations: Revisions to the Total Coliform 2040-AD94

    Monitoring and Analytical Requirements and Additional Distribution System Requirements 3451

    SAN 4745. Drinking Water Contaminant Candidate List 3................................. 2040-AD99 3452

    SAN 4236. Underground Injection Control: Update of State Programs..................... 2040-AD40 3453

    SAN 4821. Drinking Water: Regulatory Determinations Regarding Contaminants on the

    2040-AE60

    Second Drinking Water Contaminant Candidate List...................................... 3454

    SAN 4703. Drinking Water Contaminant Candidate List 2................................. 2060-AD86

    SAFE DRINKING WATER ACT (SDWA)--Completed Actions

    Regulation

    Sequence

    Title

    Identifier

    Number

    Number

    3455

    SAN 4769. National Primary and Secondary Drinking Water Regulations: Approval of

    2040-AD90

    Additional Method for the Detection of Coliforms and E. Coli. in Drinking Water.......

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

    Regulation

    Sequence

    Title

    Identifier

    Number

    Number

    3456

    SAN 2820. Shore Protection Act, Section 4103(b) Regulations........................... 2040-AB85

    Environmental Protection Agency (EPA)

    Proposed Rule Stage

    General

    3040. 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

    NPRM

    06/00/04

    Direct Final Action

    06/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Additional Information: SAN 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

    3041. PROPOSED REVISION TO EPA'S IMPLEMENTING NEPA REGULATIONS

    Priority: Substantive, Nonsignificant

    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 ofExecutive orders and other cross-cutting requirements into the NEPA process.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    02/00/05

    Final Action

    02/00/06

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: Undetermined

    Additional Information: SAN 4292.

    Page 38174

    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

    Joseph Montgomery, Environmental Protection Agency, Office of

    Enforcement and Compliance Assurance, 2252A, Washington, DC 20460

    Phone: 202-564-7157

    Fax: 202-564-0072

    Email: montgomery.joseph@epamail.epa.gov

    RIN: 2020-AA42

    3042. 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

    06/00/04

    Final Action

    09/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: Federal

    Additional Information: SAN 4693.

    Agency Contact: Judy Hutt, Environmental Protection Agency, Office of

    Environmental Information, 2822T, 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, 2822T, Washington, DC 20460

    Phone: 202-566-1659

    Fax: 202 566-1648

    Email: williams.deborah@epamail.epa.gov

    RIN: 2025-AA13

    3043. REVISION TO EPAAR 1552.211-73, LEVEL OF EFFORT

    Priority: Substantive, Nonsignificant

    Legal Authority: 5 USC 301 ``Sec 205(c)''; ``63 Stat 390 as amended''

    CFR Citation: 48 CFR 1552

    Legal Deadline: None

    Abstract: This rule will revise EPAAR 1552.211-73, Level of Effort, to define more concisely the services being acquired, and to more accurately reflect the relationship between services provided and fee payments.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    06/00/04

    Final Action

    06/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Additional Information: SAN 4191.

    Agency Contact: Larry Wyborski, Environmental Protection Agency,

    Administration and Resources Management, 3802R, Washington, DC 20460

    Phone: 202-564-4369

    Fax: 202 565-2551

    Email: wyborski.larry@epamail.epa.gov

    RIN: 2030-AA64

    3044. 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

    07/00/04

    Final Action

    11/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Additional Information: SAN 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

    3045. CONTINUATION OF IMPLEMENTING THE EMPOWERMENT INITIATIVE

    Priority: Substantive, Nonsignificant

    Legal Authority: Not Yet Determined

    Page 38175

    CFR Citation: Not Yet Determined

    Legal Deadline: None

    Abstract: EPA's Office of Acquisition Management conducted an internal assessment of its organization and determined that in some situations there were too many levels of review required prior to making contract awards and other contract-related decisions. Consequently, steps were taken to revise internal policies to eliminate certain higher level reviews and give authority and responsibility for making decisions relating to contract actions to the qualified individuals most familiar with the contracting action. This rule is being issued as a direct final rule because the changes being made are not considered controversial and adverse comments are not expected.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    06/00/04

    Final Action

    06/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Additional Information: SAN 4742.

    Agency Contact: Jill Robbins, Environmental Protection Agency,

    Administration and Resources Management, 3802R, Washington, DC 20460

    Phone: 202-566-1981

    Fax: 202 565-2475

    Email: robbins.jill@epamail.epa.gov

    RIN: 2030-AA81

    3046. ON-SITE AND OFF-SITE BACKGROUND CHECKS PERFORMED BY EPA AND

    CONTRACTORS

    Priority: Substantive, Nonsignificant

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

    CFR Citation: 48 CFR 1511; 48 CFR 1552

    Legal Deadline: None

    Abstract: The proposed rule was published in the Federal Register, Jan. 22, 2003, and required contractors to perform background checks and make suitability determinations before contractors can perform services on site. On Feb. 10, 2003, EPA transmitted an information collection request (ICR) to OMB. On May 13, 2003, OMB disapproved the ICR and the proposed rule, citing concerns regarding contractors performing suitability determinations which OMB considers to be an inherently governmental function. Since that time, EPA staff have been in discussions with OMB, and we are currently developing different options to address the issue of background checks for contractors. The current proposed rule is expected to be replaced with a revised proposed rule in FY 2004.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    06/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Additional Information: SAN 4814.

    Agency Contact: Judy Davis, Environmental Protection Agency,

    Administration and Resources Management, 3802R, Washington, DC 20460

    Phone: 202-564-4310

    Email: davis.judy@epamail.epa.gov

    RIN: 2030-AA85

    3047. CONTRACT BUNDLING REQUIREMENTS

    Priority: Substantive, Nonsignificant

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

    CFR Citation: 48 CFR 1519; 48 CFR 1552

    Legal Deadline: None

    Abstract: In March of 2003, the President called on the Office of

    Management and Budget to prepare a strategy for unbundling federal contracts. Federal contracting opportunities for Small Businesses have been dramatically reduced because of contract bundling. Contract bundling occurs when two or more procurement requirements for goods or services previously provided or performed under separate, smaller contracts is consolidated into a solicitation of offers for a single contract that is unlikely to be suitable for award to a small business concern. OMB's plan will require all agencies to uniformly review requirements prior to contract bundling. In addition, the plan will require contract bundling reviews for task and delivery orders under multiple award contract vehicles. Senior agency management will be held accountable for eliminating unnecessary contract bundling and mitigating the effects of necessary and justified contract bundling. In acquisitions where contract bundling is determined tobe necessary and justified, actions will be taken to mitigate the effects by increasing subcontracting opportunities for small business. EPA's Office of Small and Disadvantage Business Utilization and OAM will be working closely to eliminate unnecessary contract bundling and mitigating the effects of necessary contract bundling. Additional agency guidance and training will be forthcoming.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    06/00/04

    Final Action

    06/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Additional Information: SAN 4812.

    Agency Contact: Patrick Murphy, Environmental Protection Agency,

    Administration and Resources Management, 3802R, Washington, DC 20460

    Phone: 202-564-4382

    Email: murphy.patrick@epamail.epa.gov

    RIN: 2030-AA86

    3048. [bullet][ls-thn-eq] 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

    Page 38176

    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.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    12/00/04

    Final Action

    03/00/05

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: Federal

    Additional Information: SAN 4904.

    Agency Contact: Linda Clement, Environmental Protection Agency,

    Administration and Resources Management, 1200 Pennsylvania Ave,

    Washington, DC 20460

    Phone: 202-564-4356

    Fax: 202 565-2552

    Email: clement.linda@epamail.epa.gov

    Harry Lewis, Environmental Protection Agency, Administration and

    Resources Management, 7407, Washington, DC 20460

    Phone: 202-564-8642

    Email: lewis.harry@epamail.epa.gov

    RIN: 2030-AA88

    3049. [bullet][ls-thn-eq] 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

    09/00/04

    Final Action

    02/00/05

    Regulatory Flexibility Analysis Required: No

    Government Levels Affected: None

    Additional Information: SAN 4903.

    Agency Contact: Ed Chambers, Environmental Protection Agency,

    Administration and Resources Management, 1200 Pennsylvania Ave,

    Washington, DC 20460

    Phone: 202-564-4376

    Email: chambers.ed@epamail.epa.gov

    RIN: 2030-AA89

    3050. WASTE ISOLATION PILOT PLANT (WIPP) FY 2002 REPORT TO CONGRESS

    Priority: Info./Admin./Other

    Legal Authority: PL 102-579 sec 23(a)(2)

    CFR Citation: 00 CFR NYD

    Legal Deadline: None

    Abstract: This Report to Congress is required by Section 23(a)(2) of the WIPP Land Withdrawal Act, which requires EPA to submit an annual report to Congress ``on the status of and resources required for the fulfillment of the Administrator's responsibilities under the Act'' regarding the Waste Isolation Pilot Plant (WIPP). This report summarizes the activities and progress EPA has made in fulfilling its responsibilities under the Act and outlines the resources required for the Agency to meet its commitments. The WIPP is an underground repository for the permanent disposal of radioactive waste generated as by-products from nuclear weapons production. It was constructed by the

    Department of Energy (DOE) and is located near Carlsbad, New Mexico. In 1998, EPA certified that the WIPP complies with EPA's radioactive waste disposal standards at subpart B and C of 40 CFR 191 and EPA's WIPP compliance criteria at 40 CFR 194, and thus is safe to contain radioactive waste. Since that time, the DOE has begun emplacing waste in the WIPP. The waste is stored approximately 2,100 feet underground in excavated, natural salt formations. EPA also has responsibility for assuring continual compliance with EPA's radioactive waste disposal standards. EPA continues to have an oversight role at the WIPP to ensure that it continues to protect human health and the environment.

    This Report summarizes EPA's activities past and present.

    Timetable:

    Action

    Date

    FR Cite

    Report to Congress

    06/00/04

    Regulatory Flexibility Analysis Required: No

    Government Levels Affected: None

    Additional Information: SAN 4761.

    Agency Contact: Ray Lee, Environmental Protection Agency, Air and

    Radiation, 6608J, Washington, DC 20460

    Phone: 202-564-4625

    Fax: 202 343-2305

    Email: lee.ray@epamail.epa.gov

    RIN: 2060-AK79

    3051. PERSISTENT, BIOACCUMULATIVE, AND TOXIC (PBT) POLLUTANTS STRATEGY

    Priority: Other Significant

    Legal Authority: Not Yet Determined

    CFR Citation: Not Yet Determined

    Legal Deadline: None

    Abstract: As described in the Agency's 1998 PBT Strategy, EPA is developing and implementing National Action Plans for certain priority

    PBT pollutants. These pollutants pose risks because they are toxic, persist in ecosystems, and accumulate in fish and up the food chain.

    The PBT challenges remaining stem from the pollutants' ability to travel long distances, to transfer rather easily among air, water, and land, and to linger for generations. EPA is forging a new approach to reduce risks from and exposures to priority PBT pollutants through increased coordination among EPA national and regional programs. This approach also requires the significant involvement of stakeholders, including international, state, local, and tribal organizations, the regulated community, environmental groups, and private citizens. EPA is initially focusing action on 12 substances either individually or as categories and two major cross-cutting issues (monitoring and outreach/ risk communication). The action plans will use the full range of tools to prevent and reduce releases of these substances. These tools include international, voluntary, outreach, programmatic, remedial, compliance monitoring and assistance, enforcement, research, and regulatory tools.

    EPA will integrate and sequence actions within and across action plans, and will seek to leverage these actions on international and industry- sector bases. Beyond these first 12 substances EPA will identify additional PBTs for

    Page 38177

    development of National Action Plans. Although these Plans are not regulatory actions, EPA has included them in the Regulatory Agenda to inform the public and regulated community because the Action Plans may discuss regulatory alternatives for consideration.

    Timetable:

    Action

    Date

    FR Cite

    Notice: Draft for Mercury

    11/17/98

    63 FR 63926

    Notice: PBT Strategy

    11/17/98

    63 FR 63926

    Notice: Draft for Great Lakes 11/01/99

    64 FR 58841

    Notice: Draft for Alkyl-lead 08/25/00

    65 FR 51823

    Notice: Draft for OCS

    08/25/00

    65 FR 51825

    Notice: Draft for Alkyl-lead

    Reopened

    10/25/00

    65 FR 63861

    Notice: Draft for Level 1

    Pesticides

    11/01/00

    65 FR 65314

    Notice: Draft for HCB

    12/08/00

    65 FR 77026

    Notice: Final for Alkyl-lead 07/23/02

    67 FR 48177

    Notice: Draft for B(a)P

    12/00/04

    Notice: Final for HCB

    12/00/04

    Notice: Final for OCS

    12/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: Businesses

    Government Levels Affected: Federal, Local, State, Tribal

    Additional Information: SAN 4463.

    Agency Contact: Tom--HQ Murray, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7409M, Washington, DC 20460

    Phone: 202-564-8810

    Fax: 202 564-8901

    Email: murray.tom-hq@epamail.epa.gov

    Paul Matthai, Environmental Protection Agency, Office of Prevention,

    Pesticides and Toxic Substances, 7409M, Washington, DC 20460

    Phone: 202-564-8839

    Fax: 202 564-8899

    Email: matthai.paul@epamail.epa.gov

    RIN: 2070-AD45

    3052. 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)-26; 42

    USC 6901 to 6992(k)

    CFR Citation: Not Yet Determined

    Legal Deadline: None

    Abstract: The United States Environmental Protection Agency has entered into a Final Project Agreement with the National Aeronautics and Space

    Administration (NASA) White Sands Test Facility in Las Cruces, Mexico that would modify the reporting requirements under the Resource

    Conservation and Recovery Act (RCRA) and the Safe Drinking Water Act

    (SDWA). The rule will allow the facility to submit regulatory reports and 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

    06/00/04

    Final Action

    To Be

    Determined

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: Federal, State

    Additional Information: SAN 4836.

    Agency Contact: Adam Levitan, Environmental Protection Agency, Office of the Administrator, 1807T, Washington, DC 20460

    Phone: 202-564-1466

    Fax: 202 566-2210

    Email: levitan.adam@epamail.epa.gov

    Donna Perla, Environmental Protection Agency, Office of the

    Administrator, 1802, Washington, DC 20460

    Phone: 202-566-2177

    Fax: 202 566-2200

    Email: perla.donna@epamail.epa.gov

    RIN: 2090-AA35

    Environmental Protection Agency (EPA)

    Final Rule Stage

    General

    3053. IMPLEMENTATION OF AUTHORITY TO APPOINT RESEARCH SCIENTISTS UNDER 42 USC

    Priority: Substantive, Nonsignificant

    Legal Authority: Not Yet Determined

    CFR Citation: Not Yet Determined

    Legal Deadline: None

    Abstract: The proposed regulation will implement the Agency's authority under 42 USC 6A.I.61 section 209(f) and 209(g) to appoint research scientists and to take related personnel actions. Under 42 USC, the

    Agency has authority to make appointments of research scientists and to take related personnel actions including determining qualifications, method of recruitment, selection, duration of appointment and pay. The

    Agency's authority under 42 USC is separate from and not limited by 5

    USC. The authority granted to the Agency under 42 USC derives from one of the foundation documents of the Agency: Reorganization Plan No. 3 of 1970.

    Timetable:

    Action

    Date

    FR Cite

    Direct Final Action

    06/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Additional Information: SAN 4747.

    Agency Contact: John O'Brien, Environmental Protection Agency,

    Administration and Resources Management, 3620M, Washington, DC 20460

    Phone: 202 564-7876

    Fax: 202 564-2904

    Email: obrien.johnt@epa.gov

    RIN: 2030-AA83

    Page 38178

    3054. 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 the 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 will 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 program's 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 revisions or modifications to allow electronic reporting. EPA is required by the Government Paperwork Elimination Act (GPEA) of 1998 to make the option of electronic reporting and recordkeeping available, where practicable, to its regulated community by October 2003.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    08/31/01

    66 FR 46162

    Final Action

    09/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: Federal, State, Local, Tribal

    Additional Information: SAN 4270. Formerly listed as RIN 2020-AA41.

    Agency Contact: Evi Huffer, Environmental Protection Agency, Office of

    Environmental Information, 2136 (WSM Room 445D WT), 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

    3055. BACKGROUND INVESTIGATIONS FOR CONTRACTORS PERFORMING SERVICES

    ONSITE

    Priority: Substantive, Nonsignificant

    Legal Authority: Not Yet Determined

    CFR Citation: Not Yet Determined

    Legal Deadline: NPRM, Statutory, September 6, 2002.

    Final, Statutory, December 5, 2002.

    Abstract: Executive Orders 10450 and 12968 require that all persons entering Federal service, including contract employees, be investigated for suitability. The Environmental Protection Agency (EPA) is proposing to amend the EPA Acquisition Regulation (EPAAR) to add a clause requiring contractors (and subcontractors) to perform background checks and make suitability determinations for contractor (and subcontractor) employees performing services on or within Federally-owned or leased space and facilities, commercial space primarily occupied by Federal employees, and Superfund, Oil Pollution Act, and Stafford Act sites.

    The clause will require contractors (and subcontractors) to perform background checks and make suitability determinations on their employees before the employees can perform on-site contract services for the EPA. Contracting Officers will be allowed to waive the requirements of the clause on a case-by-case basis. The process contemplated by the clause will allow EPA to mitigate any actual or potential threat to the public health, welfare and the environment.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    01/22/03

    68 FR 2988

    Final Action

    06/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Additional Information: SAN 4733.

    Agency Contact: Paul Schaffer, Environmental Protection Agency,

    Administration and Resources Management, 3802R, Washington, DC 20460

    Phone: 202-564-4366

    Fax: 202 565-2475

    Email: schaffer.paul@epamail.epa.gov

    RIN: 2030-AA80

    3056. 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

    Final Action

    06/00/04

    NPRM

    07/00/04

    Page 38179

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Additional Information: SAN 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

    3057. [bullet][ls-thn-eq] TECHNICAL AMENDMENTS TO THE FEDERAL POLICY FOR

    THE PROTECTION OF HUMAN SUBJECTS

    Priority: Substantive, Nonsignificant

    Legal Authority: Not Yet Determined

    CFR Citation: Not Yet Determined

    Legal Deadline: None

    Abstract: This rule implements three technical amendments to the Common

    Rule which governs the conduct of human studies in several agencies.

    The agencies listed in this document are individually amending the

    Federal Policy for the Protection of Human Subjects, which was published in the Federal Register on June 18, 1991, to change all references to the Office for Protection from Research Risks (OPRR) to the Office for Human Research Protections (OHRP); revise the footnote found at the end of section 101(i) by deleting references to research involving fetuses, pregnant women, or human in vitro fertilization and subpart B of 45 CFR part 46; and update the Control Number for the approval by the Office of Management and Budget (OMB) of the information collection requirements of this Federal Policy. HHS is the lead Agency in developing the language for this rule.

    Timetable:

    Action

    Date

    FR Cite

    Final Action

    08/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: Federal

    Additional Information: SAN 4925.

    Agency Contact: Dennis Utterback, Environmental Protection Agency,

    Office of Research and Development, 8104R, Washington DC, DC 20460

    Phone: 202 564-6638

    Fax: 202 565-2911

    Email: utterback.dennis@epamail.epa.gov

    RIN: 2080-AA11

    3058. PROJECT XL SITE SPECIFIC RULEMAKING FOR NASA WHITE SANDS TEST

    FACILITY ELECTRONIC REPORTING IN LAS CRUCES, NEW MEXICO (PHASES I AND

    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 requirementsunder 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

    07/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: Federal, State

    Additional Information: SAN 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: 202 566-2220

    Email: filbin.gerald@epamail.epa.gov

    RIN: 2090-AA27

    Environmental Protection Agency (EPA)

    Long-Term Actions

    General

    3059. 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 ``sec 1001''; 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

    Page 38180

    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 takereasonable 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

    Government Levels Affected: Federal, State, Local, Tribal

    Additional Information: SAN 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@.epa.gov

    David Sutton, Environmental Protection Agency, Office of Enforcement and Compliance Assurance, 1230A, Washington, DC 20460

    Phone: 202-564-4444

    Fax: 202 501-0756

    Email: sutton.david@epamail.epa.gov

    RIN: 2020-AA39

    3060. 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.

    NOTE: EPA has examined its CBI regulations and decided to withdraw from taking further actions on revising the CBI regulations--40 CFR part 2, subpart B. However, consideration for eliminating special treatment of substantiations is still pending court ruling.

    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 3240.

    Agency Contact: Doreen Sterling, Environmental Protection Agency,

    Office of Environmental Information, 2822-T, Washington, DC 20460

    Phone: 202-566-1642

    Fax: 202 566-1639

    Email: sterling.doreen@epamail.epa.gov

    Joe Sierra, Environmental Protection Agency, Office of Environmental

    Information, 2822T, Washington, DC 20460

    Phone: 202-566-1683

    Fax: 202 566-1639

    Email: sierra.joe@epamail.epa.gov

    RIN: 2025-AA02

    3061. GUIDELINES FOR CARCINOGEN RISK ASSESSMENT

    Priority: Info./Admin./Other

    Legal Authority: Not Yet Determined

    CFR Citation: Not Yet Determined

    Legal Deadline: None

    Abstract: The Agency will use these guidelines to evaluate suspect carcinogens in line with the policies and procedures established in the statutes administered by the EPA. These guidelines revise and replace

    EPA Guidelines for Carcinogen Risk Assessment published at 51 FR 33992,

    September 24, 1986. These guidelines provide EPA staff and decisionmakers with the directions and perspectives necessary to develop and use risk assessments. The guidelines also provide the general public with basic information about the Agency's approaches to risk assessment.

    To develop guidelines the Agency must find a balance between consistency and innovation. Consistent risk assessments provide consistent bases to support regulatory decision-making. On the other hand, innovation is necessary so the Agency will base its decisions on current scientific thinking. In balancing these and other science policies, the Agency relies on input from the general scientific community through established scientific peer review processes. The guidelines incorporate basic principles and science policies based on evaluation of the currently available information. The revisions place increased emphasis on the role of carcinogenic mechanisms in risk assessment and clearer explication of underlying assumptions in risk assessment.

    These guidelines will have minimal to no impact on small businesses or

    State, local, and tribal governments.

    Page 38181

    Timetable:

    Action

    Date

    FR Cite

    Reproposed Guidelines

    04/23/96

    61 FR 17960

    Implementation Policy

    06/25/96

    61 FR 32799

    Final Guidelines

    To Be

    Determined

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Additional Information: SAN 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

    Environmental Protection Agency (EPA)

    Completed Actions

    General

    3062. REPORT TO CONGRESS ON ENFORCEMENT DATA CONCERNING SMALL ENTITIES

    Priority: Info./Admin./Other

    CFR Citation: None

    Completed:

    Reason

    Date

    FR Cite

    Report to Congress

    01/20/04

    Regulatory Flexibility Analysis Required: No

    Government Levels Affected: None

    Agency Contact: Gerard Kraus

    Phone: 202-564-6047

    Fax: 202 564-0017

    Email: kraus.gerard@epamail.epa.gov

    Deborah Thomas

    Phone: 202-564-5041

    Fax: 202 564-0037

    Email: thomas.deborah@epamail.epa.gov

    RIN: 2020-AA45

    3063. REGULATORY INCENTIVES FOR THE NATIONAL ENVIRONMENTAL PERFORMANCE

    TRACK PROGRAM

    Priority: Substantive, Nonsignificant

    CFR Citation: 40 CFR 63; 40 CFR 262

    Completed:

    Reason

    Date

    FR Cite

    Final Action

    04/22/04

    69 FR 21737

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: Federal, State

    Agency Contact: Robert Sachs

    Phone: 202-566-2884

    Fax: 202-566-0966

    Email: sachs.robert@.epa.gov

    David Guest

    Phone: 202-566-2872

    Fax: 202 566-2985

    Email: guest.david@epamail.epa.gov

    RIN: 2090-AA13

    Environmental Protection Agency (EPA)

    Prerule Stage

    Clean Air Act (CAA)

    3064. REVISIONS TO CLARIFY THE SCOPE OF CERTAIN MONITORING REQUIREMENTS

    FOR FEDERAL AND STATE OPERATING PERMITS PROGRAMS

    Priority: Other Significant. Major status under 5 USC 801 is undetermined.

    Legal Authority: 42 USC 7401 et seq

    CFR Citation: 40 CFR 70.6(c)(1); 40 CFR 71.6(c)(1)

    Legal Deadline: None

    Abstract: The final rule for this action was published on January 22, 2004 (69 FR 3202). The purpose of the final rule was to clarify the regulatory language and EPA interpretation of the ``umbrella monitoring'' rules [(40 CFR 70.6(c)(1) and 71.6(c)(1)] of the State and federal operating permits program rules under title V of the Clean Air

    Act (Act). The final rule declines to adopt the changes to the regulatory text of the monitoring rules that were proposed on September 17, 2002 (67 FR 58561) and it announces a different interpretation of the umbrella monitoring rules from that set forth in the preamble to that proposal. Under the final rule, the umbrella monitoring rules do not provide a basis for adding monitoring to title V permits independent of monitoring required under existing federal air pollution control rules and State implementation plan (SIP) rules (i.e., monitoring required under ``applicable requirements''), including monitoring required under the compliance assurance monitoring(CAM) rule where it applies, and such monitoring as may be required under the periodic monitoring rules [40 CFR 70.6(a)(3)(i)(B) and 71.6(a)(3)(i)(B)]. Accordingly, EPA interprets the umbrella monitoring rules to require that title V permits contain monitoring required under applicable requirements, including monitoring required under the CAM rule where it applies, and such monitoring as may be required under the periodic monitoring rules. Together, such monitoring will constitute monitoringsufficient to assure compliance as required by the Act. In the final rule, EPA also announded plans for three additional steps.

    One step will involve encouraging States to improve monitoring requirements in certain SIP rules through guidance to be developed in connection with a separate rulemaking concerning the implementation of the national ambient air quality standards (NAAQS) for fine particulate matter to be published in the near term. Another step involves publication of an advance ce of proposed rulemaking (ANPRM) in the near term to ask for comments on inadequate monitoring in applicable requirements (in addition to any monitoring addressed in the fine particulate guidance and rulemaking) and on appropriate methods for upgrading such monitoring. Finally, EPA expects to conduct a separate notice and comment rulemaking to address what types of existing monitoring are ``periodic'' under the periodic monitoring rules, and when

    Page 38182

    the periodic monitoring rules apply, what types of monitoring satisfy the monitoring criteria contained in the periodic monitoring rules.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    09/17/02

    67 FR 58561

    Interim Final Action

    09/17/02

    67 FR 58529

    Final Action

    01/22/04

    69 FR 3202

    ANPRM

    07/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Additional Information: SAN 4699.

    Agency Contact: Jeff Herring, Environmental Protection Agency, Air and

    Radiation, C304-04, Washington, DC 20460

    Phone: 919-541-3195

    Fax: 919 541-5509

    Email: herring.jeff@epamail.epa.gov

    Steve Hitte, Environmental Protection Agency, Air and Radiation, C304- 04, Washington, DC 20460

    Phone: 919-541-0886

    Fax: 919 541-5509

    Email: hitte.steve@epamail.epa.gov

    RIN: 2060-AK29

    3065. 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 will 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 ederal 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).

    Timetable:

    Action

    Date

    FR Cite

    ANPRM

    09/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: Federal, State

    Additional Information: SAN 4759.

    Agency Contact: William L. Johnson, Environmental Protection Agency,

    Air and Radiation, C539-02, Washington, DC 20460

    Phone: 919 541-5245

    Fax: 919 541-0824

    Email: johnson.williaml@epamail.epa.gov

    Terry Keating, Environmental Protection Agency, Air and Radiation, 6103A, Washington, DC 20460

    Phone: 202-564-1174

    Fax: 202 564-5603

    Email: keating.terry@epamail.epa.gov

    RIN: 2060-AK75

    3066. [bullet][ls-thn-eq] CONTROL OF EMISSIONS FROM NEW LOCOMOTIVES AND

    NEW MARINE DIESEL ENGINES LESS THAN 30 LITERS PER CYLINDER

    Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined.

    Unfunded Mandates: Undetermined

    Legal Authority: 42 USC 7522 to 7621

    CFR Citation: 40 CFR 92 and 94

    Legal Deadline: None

    Abstract: This rule will set an additional tier of more stringent exhaust emission standards for new locomotives and new marine compression-ignition engines below 30 liters per cylinder. These new standards are expected to reflect the emission reductions achievable through the application of advanced emission control technologies, including high-efficiency catalytic exhaust emission control devices, and the availability and use of low sulfur diesel fuel. The standards build on our existing locomotive andmarine diesel engine emission control programs.

    Timetable:

    Action

    Date

    FR Cite

    ANPRM

    06/00/04

    NPRM

    07/00/05

    Final Action

    05/00/06

    Regulatory Flexibility Analysis Required: Undetermined

    Small Entities Affected: Businesses

    Government Levels Affected: Federal

    Additional Information: SAN 4871.

    Agency Contact: Jean--Marie Revelt, Environmental Protection Agency,

    Air and Radiation, 6401A, Washington, DC 20460

    Phone: 734-214-4822

    Email: revelt.jean-marie@epamail.epa.gov

    RIN: 2060-AM06

    3067. [bullet][ls-thn-eq] FUELS AND FUEL ADDITIVES REGISTRATION

    REGULATIONS (SECTION 610 REVIEW)

    Priority: Info./Admin./Other

    Legal Authority: Clean Air Act sec 211

    CFR Citation: 40 CFR 79

    Legal Deadline: None

    Abstract: On June 27, 1994 (59 FR 33042), EPA promulgated a rulemaking laying out the requirements for

    Page 38183

    registering fuel and fuel additives under section 211 of the Clean Air

    Act. These requirements are codified in the Code of Federal Regulations at 40 CFR part 79. In developing this rule, EPA performed a Regulatory

    Flexibility Analysis which indicated the rule could have a significant impact on a substantial number of small entities. EPA then used this analysis to develop the rule in a way that mitigatedsmall-entity impact to the extent possible while still fulfilling the Clean Air Act's mandates.

    EPA is now initiating a review of this rule under Section 610 of the

    Regulatory Flexibility Act to determine if the rule should be continued without change, or should be amended or rescinded, to minimize adverse economic impacts on small entities. EPA will consider, and solicits comments on, the following factors: (1) The continued need for the rule; (2) the nature of complaints or comments received concerning the rule; (3) the complexity of the rule; (4) the extent to which the rule overlaps, duplicates, or conflicts with other Federal, State, or local government rules; and (5) the degree to which technology, economic conditions, or other factors have changed in the area affected by the rule. Comments must be received by July 31, 2004. In submitting comments, please reference Docket ID number OAR-2004-0053, and follow the instructions provided in Unit G of the preamble to the Spring

    Regulatory Agenda.

    Timetable:

    Action

    Date

    FR Cite

    Begin Review

    06/00/04

    End Review

    11/00/04

    Regulatory Flexibility Analysis Required: No

    Government Levels Affected: None

    Additional Information: SAN 4922.

    Agency Contact: Thomas Eagles, Environmental Protection Agency, Air and

    Radiation, 6103A, Washington DC, DC 20460

    Phone: 202 564-1952

    Fax: 202 564-1554

    Email: eagles.tom@epa.gov

    RIN: 2060-AM38

    3068. [bullet][ls-thn-eq] EMISSION STANDARDS FOR NEW NONROAD SPARK-

    IGNITION ENGINES AT OR BELOW 19 KILOWATTS (SECTION 610 REVIEW)

    Priority: Info./Admin./Other

    Legal Authority: Clean Air Act Section 202 et seq; Regulatory

    Flexibility Act

    CFR Citation: 40 CFR 90

    Legal Deadline: None

    Abstract: On July 3, 1995 (60 FR 34582), EPA promulgated a rulemaking laying out new emission standards for new nonroad spark-ignition engines at or below 19 kilowatts under sections 202, 203, 204, 205, 206, 207, 208, 209, 213, 215, 216, and 301(a) of the Clean Air Act.

    These requirements are codified in the Code of Federal Regulations at 40 CFR Part 90. In developing this rule, EPA performed a Regulatory

    Flexibility Analysis which indicated the rule could have a significant impact on a substantial number of small entities. EPA then used this analysis to develop the rule in a way that mitigated small-entity impact to the extent possible while still fulfilling the Clean Air

    Act's mandates.

    EPA is now initiating a review of this rule under Section 610 of the

    Regulatory Flexibility Act to determine if the rule should be continued without change, or should be amended or rescinded, to minimize adverse economic impacts on small entities. EPA will consider, and solicits comments on, the following factors: (1) the continued need for the rule; (2) the nature of complaints or comments received concerning the rule; (3) the complexity of the rule; (4) the extent to which the rule overlaps, duplicates, or conflicts with other Federal, State, or local government rules; and (5) the degree to which technology, economic conditions, or other factors have changed in the area affected by the rule. Comments must be received by July 31, 2004. In submitting comments, please reference Docket ID number OAR-2004-0054, and follow the instructions provided in Unit G of the preamble to the Spring

    Regulatory Agenda.

    Timetable:

    Action

    Date

    FR Cite

    Begin Review

    06/00/04

    End Review

    11/00/04

    Regulatory Flexibility Analysis Required: No

    Government Levels Affected: None

    Additional Information: SAN 4921.

    Agency Contact: Thomas Eagles, Environmental Protection Agency, Air and

    Radiation, 6103A, Washington DC, DC 20460

    Phone: 202 564-1952

    Fax: 202 564-1554

    Email: eagles.tom@epa.gov

    RIN: 2060-AM39

    3069. [bullet][ls-thn-eq] NESHAP: SECONDARY LEAD SMELTING (SECTION 610

    REVIEW)

    Priority: Info./Admin./Other

    Legal Authority: Regulatory Flexibility Act

    CFR Citation: 40 CFR 63 subpart X

    Legal Deadline: None

    Abstract: On June 23, 1995 (60 FR 32587), EPA promulgated a rulemaking laying out new National Emission Standards for Hazardous Air Pollutants

    (NESHAP) for the secondary lead smelting industry under Section 112 of the Clean Air Act. These requirements are codified in the Code of

    Federal Regulations at 40 CFR Part 63, Subpart X. In developing this rule, EPA performed a Regulatory Flexibility Analysis which indicated the rule could have a significant impact on a substantial number of small entities. EPA then used this analysis to develop the rule in a way that mitigated small-entity impact to the extent possible while still fulfilling the Clean Air Act's mandates.

    EPA is now initiating a review of this rule under Section 610 of the

    Regulatory Flexibility Act to determine if the rule should be continued without change, or should be amended or rescinded, to minimize adverse economic impacts on small entities. EPA will consider, and solicits comments on, the following factors: (1) The continued need for the rule; (2) The nature of complaints or comments received concerning the rule; (3) The complexity of the rule; (4) The extent to which the rule overlaps, duplicates, or conflicts with other Federal, State, or local government rules; and (5) the degree to which technology, economic conditions, or other factors have changed in the area affected by the rule. Comments must be received by July 31, 2004. In submitting comments, please reference Docket ID number OAR-2004-0056, and follow the

    Page 38184

    instructions provided in Unit G of the preamble to the Spring

    Regulatory Agenda.

    Timetable:

    Action

    Date

    FR Cite

    Begin Review

    06/00/04

    End Review

    11/00/04

    Regulatory Flexibility Analysis Required: No

    Government Levels Affected: None

    Additional Information: SAN 4924.

    Agency Contact: Thomas Eagles, Environmental Protection Agency, Air and

    Radiation, 6103A, Washington DC, DC 20460

    Phone: 202 564-1952

    Fax: 202 564-1554

    Email: eagles.tom@epa.gov

    RIN: 2060-AM40

    3070. [bullet][ls-thn-eq] NESHAP: PETROLEUM REFINERIES (SECTION 610

    REVIEW)

    Priority: Info./Admin./Other

    Legal Authority: Clean Air Act sec 112; Regulatory Flexibility Act

    CFR Citation: 40 CFR 63 subpart CC

    Legal Deadline: None

    Abstract: On August 18, 1995 (60 FR 43244), EPA promulgated a rulemaking laying out new National Emission Standards for Hazardous Air

    Pollutants (NESHAP) for the petroleum refining industry under section 112 of the Clean Air Act. These requirements are codified in the Code of Federal Regulations at 40 CFR part 63 subpart CC. In developing this rule, EPA performed a Regulatory Flexibility Analysis which indicated the rule could have a significant impact on a substantial number of small entities. EPA then used this analysis to develop the rule in a way that mitigated small-entity impact to the extent possible while still fulfilling the Clean Air Act's mandates.

    EPA is now initiating a review of this rule under Section 610 of the

    Regulatory Flexibility Act to determine if the rule should be continued without change, or should be amended or rescinded, to minimize adverse economic impacts on small entities. EPA will consider, and solicits comments on, the following factors: (1) The continued need for the rule; (2) The nature of complaints or comments received concerning the rule; (3) The complexity of the rule; (4) The extent to which the rule overlaps, duplicates, or conflicts with other Federal, State, or local government rules; and (5) the degree to which technology, economic conditions, or other factors have changed in the area affected by the rule. Comments must be received by July 31, 2004. In submitting comments, please reference Docket ID number OAR-2004-0055, and follow the instructions provided in Unit G of the preamble to the Spring

    Regulatory Agenda.

    Timetable:

    Action

    Date

    FR Cite

    Begin Review

    06/00/04

    End Review

    11/00/04

    Regulatory Flexibility Analysis Required: No

    Government Levels Affected: None

    Additional Information: SAN 4923.

    Agency Contact: Thomas Eagles, Environmental Protection Agency, Air and

    Radiation, 6103A, Washington DC, DC 20460

    Phone: 202 564-1952

    Fax: 202 564-1554

    Email: eagles.tom@epa.gov

    RIN: 2060-AM41

    Environmental Protection Agency (EPA)

    Proposed Rule Stage

    Clean Air Act (CAA)

    3071. REVIEW NATIONAL AMBIENT AIR QUALITY STANDARDS FOR CARBON MONOXIDE

    Priority: Other Significant

    Legal Authority: 42 USC 7409

    CFR Citation: 40 CFR 50

    Legal Deadline: Final, Statutory, May 31, 2001, Clean Air Act requires reviews every five years.

    Abstract: Review of the national ambient air quality standards (NAAQS) for carbon monoxide (CO) every 5 years is mandated by the Clean Air

    Act. This review assesses the available scientific data about the health and environmental effects of CO and translates the science into terms that can be used in making recommendations about whether or how the standards should be changed. The last review of the CO NAAQS was completed in 1994 with a final decision that revisions were not appropriate at that time.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    05/00/05

    Final Action

    05/00/06

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: Undetermined

    Additional Information: SAN 4266.

    Agency Contact: Dave Mckee, Environmental Protection Agency, Air and

    Radiation, C539-01, Research Triangle Park, NC 27711

    Phone: 919-541-5288

    Fax: 919 541-0237

    Email: mckee.dave@epamail.epa.gov

    Harvey Richmond, Environmental Protection Agency, Air and Radiation,

    C539-01, Research Triangle Park, NC 27711

    Phone: 919-541-5271

    Fax: 919 541-0237

    Email: richmond.harvey@epamail.epa.gov

    RIN: 2060-AI43

    3072. REVIEW OF THE NATIONAL AMBIENT AIR QUALITY STANDARDS FOR

    PARTICULATE MATTER

    Priority: Economically Significant. Major under 5 USC 801.

    Unfunded Mandates: Undetermined

    Legal Authority: 42 USC 7408; 42 USC 7409

    CFR Citation: 40 CFR 50

    Legal Deadline: NPRM, Judicial, March 31, 2005, -.

    Final, Judicial, December 20, 2005, -.

    Abstract: On July 18, 1997, the EPA published a final rule revising the national ambient air quality standards (NAAQS) for particulate matter

    (PM) (62 FR 38652). While retaining the PM10 standard levels, new standards were added for fine particles (PM2.5)

    Page 38185

    to provide increased protection against both health and environmental effects of PM. On the same day, a Presidential Memorandum (62 FR 38421) was published that, among other things, anticipated that EPA would complete the next review of the PM NAAQS by July 2002. The EPA's plans and schedule for the next periodic review of the PM NAAQS were published on October 23, 1997 (62 FR 55201). Due to the unprecedented volume of new research, the completion of the Criteria Document has been extended. As result the overall schedule for the review of the PM

    NAAQS has extended beyond the original target of July 2002. As with other NAAQS reviews, a rigorous assessment of relevant scientific information will be presented in a Criteria Document (CD) prepared by

    EPA's National Center for Environmental Assessment. The EPA's Office of

    Air Quality Planning and Standards will then prepare a Staff Paper (SP) for the Administrator which will evaluate the policy implications of the key studies and scientific information contained in the CD and additional technical analyses and identify critical elements that EPA staff believe should be considered in reviewing the standards. The CD and SP will be reviewed by the Clean Air Scientific Advisory Committee

    (CASAC) and the public, and both final documents will reflect the input received through these reviews. As the PM NAAQS review is completed, the Administrator's proposal to revise or reaffirm the PM NAAQS will be published with a request for public comment. Input received during the public comment period will be considered in the Administrator's final decision.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    05/00/05

    Final Action

    01/00/06

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: Undetermined

    Additional Information: SAN 4255.

    Agency Contact: Mary Ross, Environmental Protection Agency, Air and

    Radiation, C539-01, Research Triangle Park, NC 27711

    Phone: 919-541-5170

    Fax: 919 541-0237

    Email: ross.mary@epamail.epa.gov

    Karen Martin, Environmental Protection Agency, Air and Radiation, C539- 01, Research Triangle Park, NC 27711

    Phone: 919-541-5274

    Fax: 919 541-0237

    Email: martin.karen@epamail.epa.gov

    RIN: 2060-AI44

    3073. AMENDMENTS TO METHOD 24 (WATER-BASED COATINGS)

    Priority: Substantive, Nonsignificant

    Legal Authority: 42 USC 7410

    CFR Citation: 40 CFR 60

    Legal Deadline: Final, Statutory, June 15, 2001, -.

    Abstract: The determination of volatile organic compounds (VOCs) content of a surface coating by reference Method 24 involves determination of its water content and calculation of its VOC content as the difference of the two measurements (volatile content minus water content). Method 24 is inherently less precise for water-based coatings than it is for solvent-based coatings and the imprecision increases as water content increases. This action will amend Method 24 by adding a direct measurement procedurefor measuring VOC content of water-based coatings, thereby improving the method's precision.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    03/00/05

    Final Action

    03/00/06

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Additional Information: SAN 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

    3074. GENERAL CONFORMITY REGULATIONS; REVISIONS

    Priority: Substantive, Nonsignificant

    Legal Authority: 42 USC 7401-7671

    CFR Citation: 40 CFR 51.850 to 51.860; 40 CFR 93.150 to 93.160

    Legal Deadline: None

    Abstract: Section 176(c) of the Clean Air Act prohibits Federal entities from taking actions which do not conform to the State implementation plan (SIP) for the attainment and maintenance of the national ambient air quality standards (NAAQS). In November 1993, EPA promulgated two sets of regulations to implement section 176(c). First, on November 24, EPA promulgated the Transportation Conformity

    Regulations to establish the criteria and procedures for determining that transportation plans, programs, and projects which are funded under title 23 U.S.C. or the Federal Transit Act conform with the SIP.

    Then, on November 30, EPA promulgated regulations, known as the General

    Conformity Regulations, to ensure that other Federal actions also conformed to the SIPs. The EPA has not reviewed or revised the General

    Conformity Regulations since their 1993 promulgation. Several Federal agencies have identified concerns over the implementation of the

    General Conformity Regulations, including the requirements for areas designated nonattainment for the newly promulgated NAAQS. In conjunction with an ad hoc work group of representatives from several

    Federal agencies, EPA will review the implementation of the General

    Conformity Regulations. The EPA will then propose and promulgate any appropriate revision to those regulations.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    11/00/04

    Final Action

    11/00/05

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: Federal, State, Tribal

    Page 38186

    Additional Information: SAN 4070.

    Agency Contact: Annie Nikbakht, Environmental Protection Agency, Air and Radiation, C539-02, Durham, NC 27701

    Phone: 919-541-5246

    Fax: 919-541-0824

    Email: nikbakht.annie@epamail.epa.gov

    Dave Stonefield, Environmental Protection Agency, Air and Radiation,

    C539-02, Washington, DC 20460

    Phone: 919-541-5350

    Fax: 919 541-0824

    Email: stonefield.dave@epamail.epa.gov

    RIN: 2060-AH93

    3075. NESHAP: GROUP I POLYMERS AND RESINS AND GROUP IV POLYMERS AND

    RESINS-AMENDMENTS

    Priority: Substantive, Nonsignificant

    Legal Authority: 42 USC 7401 et seq

    CFR Citation: 40 CFR 63.480 to 63.506 (Revision); 40 CFR 63.1310 to 63.1335 (Revision)

    Legal Deadline: None

    Abstract: During the development of the National Emission Standard for

    Hazardous Air Pollutants (NESHAP) for elastomers (Group I polymers and resins) and thermoplastics (Group IV polymers and resins) (RINs 2060-

    AD56 and 2060-AE37), many of the provisions contained in the Hazardous

    Organic NESHAP (HON) were referenced directly by these polymers and resins regulations due to similarities in processes, emission characteristics, and control technologies. On January 17, 1997, the EPA promulgated changes to the HON to remove ambiguity, to clearly convey

    EPA intent, and to make the rule easier to understand and implement in response to industry petitions. It is necessary to make parallel changes to the polymers and resins NESHAP; otherwise inconsistencies will exist for NESHAPs regulating similar source categories. An ANPRM was published in the Federal Register on 11/25/96 (61 FR 59849), to explain the nature of changes planned. Subsequently, six litigants have petitioned for review of the elastomers and thermoplastics regulations.

    Four companies have petitioned EPA to reconsider specific provisions in the thermoplastics regulation. Revisions will be proposed to parallel

    HON changes and to resolve petitioners' issues.

    Timetable:

    Action

    Date

    FR Cite

    ANPRM

    11/25/96

    61 FR 59849

    NPRM 1

    03/09/99

    64 FR 11559

    Direct Final 2

    06/08/99

    64 FR 30406

    NPRM 3

    06/08/99

    64 FR 60456

    Direct Final 3

    08/29/00

    65 FR 52319

    NPRM 4

    08/29/00

    65 FR 52319

    Direct Final 4

    10/26/00

    65 FR 64161

    Final 1

    07/16/01

    66 FR 36924

    Final 2

    08/06/01

    66 FR 40903

    NPRM 5

    09/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Additional Information: SAN 3939.

    Sectors Affected: 325211 Plastics Material and Resin Manufacturing

    Agency Contact: Bob Rosensteel, Environmental Protection Agency, Air and Radiation, C504-04, Research Triangle Park, NC 27711

    Phone: 919-541-5608

    Fax: 919 541-3470

    Email: rosensteel.bob@epa.gov

    Randy Waite, Environmental Protection Agency, Air and Radiation, C540- 04, Research Triangle Park, NC 27711

    Phone: 919-541-5447

    Fax: 919-541-3470

    Email: waite.randy@epa.gov

    RIN: 2060-AH47

    3076. NSPS AND EMISSION GUIDELINES FOR OTHER SOLID WASTE INCINERATORS

    Priority: Other Significant

    Legal Authority: 42 USC 7509 ``CAA 129''

    CFR Citation: 40 CFR 60

    Legal Deadline: NPRM, Judicial, November 30, 2004, -.

    Final, Judicial, November 30, 2005, -.

    Abstract: Section 129 of the Clean Air Act of 1990 requires the Agency to promulgate New Source Performance Standards (NSPS) and Emission

    Guidelines (EG) for solid waste incinerators. Section 129 specifically required the Administrator to publish a schedule for regulating Other

    Solid Waste Incinerators (OSWI). A notice published on November 9, 2000 announced that the Administrator would promulgate OSWI standards by

    November 15, 2005. The notice also listed what classes of incinerators might be covered bythe OSWI standards. Standards will be set for the following pollutants: particulate matter, opacity, sulfur dioxide, hydrogen chloride, oxides of nitrogen, carbon monoxide, lead cadmium, mercury, and dioxins and dibenzofurans.

    Timetable:

    Action

    Date

    FR Cite

    Notice

    11/09/00

    65 FR 66850

    NPRM

    11/00/04

    Final Action

    11/00/05

    Regulatory Flexibility Analysis Required: Undetermined

    Small Entities Affected: Governmental Jurisdictions

    Government Levels Affected: State, Local

    Additional Information: SAN 3751.

    Agency Contact: Fred Porter, Environmental Protection Agency, Air and

    Radiation, C439-01, Research Triangle Park, NC 27711

    Phone: 919-541-5251

    Fax: 919 541-5450

    Email: porter.fred@epamail.epa.gov

    RobertJ Wayland, Environmental Protection Agency, Air and Radiation,

    C439-01, Washington, DC 20460

    Phone: 919-541-1045

    Fax: 919 541-5450

    Email: wayland.robertj@epamail.epa.gov

    RIN: 2060-AG31

    3077. REVIEW OF NEW SOURCES AND MODIFICATIONS IN INDIAN COUNTRY

    Priority: Substantive, Nonsignificant

    Legal Authority: 42 USC 7410

    CFR Citation: 40 CFR 51

    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 major and minor stationary sources of air pollution 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

    Page 38187

    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

    03/00/05

    Final Action

    12/00/05

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: Businesses

    Government Levels Affected: Federal, Tribal

    Energy Effects: Statement of Energy Effects planned as required by

    Executive Order 13211.

    Additional Information: SAN 3975.

    Agency Contact: Raj Rao, Environmental Protection Agency, Air and

    Radiation, C339-03, Research Triangle Park, NC 27711

    Phone: 919-541-5344

    Fax: 919 541-5509

    Email: rao.raj@epamail.epa.gov

    Laura McKelvey, Environmental Protection Agency, Air and Radiation,

    C504-01, Research Triangle Park, NC 27711

    Phone: 919-541-5497

    Email: mckelvey.laura@epamail.epa.gov

    RIN: 2060-AH37

    3078. CLEAN AIR FINE PARTICLE IMPLEMENTATION RULE

    Priority: Other Significant. Major under 5 USC 801.

    Unfunded Mandates: This action may affect State, local or tribal governments and the private sector.

    Legal Authority: 42 USC 7410; 42 USC 7501 et seq

    CFR Citation: 40 CFR 51

    Legal Deadline: None

    Abstract: In 1997, EPA promulgated revised National Ambient Air Quality

    Standards (NAAQS) for fine particulate matter (PM-2.5). The rule described in this paragraph -- the Implementation Rule for PM-2.5 NAAQS

    -- will include requirements and guidance for State and local air pollution agencies to develop and submit State implementation plans

    (SIPs) designed to bring the areas into attainment with the 1997 standards. These SIP-development activities include conducting technical analyses to identify effective strategies for reducing emissions contributing to PM-2.5 levels, and adopting regulations as needed in order to attain the standards. Ambient air quality monitoring for 1999-2001 shows that areas exceeding the standards are located throughout the eastern half of the U.S. and in California. Estimates show that compliance with the standards will prevent thousands of premature deaths from heart and lung disease, tens of thousands of hospital admissions and emergency room visits, and millions of absences from school and work every year.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    09/00/04

    Final Action

    03/00/05

    Regulatory Flexibility Analysis Required: Undetermined

    Government Levels Affected: Federal, Local, State, Tribal

    Additional Information: SAN 4752.

    Agency Contact: Rich Damberg, Environmental Protection Agency, Air and

    Radiation, C504-02, Washington, DC 20460

    Phone: 919-541-5592

    Fax: 919 541-5489

    Email: damberg.rich@epamail.epa.gov

    Joe Paisie, Environmental Protection Agency, Air and Radiation, C504- 02, Washington, DC 20460

    Phone: 919-541-5556

    Email: paisie.joe@epamail.epa.gov

    RIN: 2060-AK74

    3079. NSPS: SOCMI--WASTEWATER AND AMENDMENT TO APPENDIX C OF PART 63 AND

    APPENDIX J OF PART 60

    Priority: Substantive, Nonsignificant

    Legal Authority: 42 USC 7411

    CFR Citation: 40 CFR 60 -- SOCMI Wastewater and Appendix J; 40 CFR 63 appendix C

    Legal Deadline: None

    Abstract: These standards are based on a combination of control techniques that require removal or destruction of volatile organic compounds from wastewater at the synthetic organic chemical manufacturing industry plant. Designated chemical process units, i.e., process lines or process units, would be subject to the rule.

    Constructed, reconstructed, or modified designated chemical process units would be required to apply appropriate controls to affected wastewater tanks, surface impoundments, containers, individual drain systems, and oil and water separators, and to treat process wastewater to remove or destroy the volatile organic compounds. On September 12, 1994, EPA proposed Standards of Performance for New Stationary Sources:

    Volatile Organic Compound Emissions from the Synthetic Organic Chemical

    Manufacturing Industry (SOCMI) Wastewater (40 CFR part 60, subpart

    YYY). On October 11, 1995, the EPA issued a supplemental proposal, which clarified and revised the previously proposed rule andproposed to add Appendix J to 40 CFR part 60. On December 9, 1998, EPA published a supplement to the proposed rule that consisted of revised definitions, alternative test procedures, and clarifications of requirements. The final rule encompasses the clarifications and revisions to Subpart YYY and Appendix J that will reduce emissions of volatile organic compounds

    (VOC). VOC, when emitted into the ambient air, are precursors to the formation of tropospheric ozone. A wide variety of acute and chronic respiratory health effects and welfare (agricultural, ecosystem) effects have been attributed

    Page 38188

    to concentrations of ozone commonly measured in the ambient air throughout the U.S.

    Timetable:

    Action

    Date

    FR Cite

    NPRM (NSPS)

    09/12/94

    59 FR 46780

    Supp NPRM 1

    10/11/95

    60 FR 52889

    Supp NPRM 2

    12/09/98

    63 FR 67988

    NPRM (Appendix C Amendments) 07/00/04

    Final Action

    10/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: Businesses

    Government Levels Affected: None

    Additional Information: SAN 3380.

    Sectors Affected: 3251 Basic Chemical Manufacturing

    Agency Contact: Mary Kissell, Environmental Protection Agency, Air and

    Radiation, C439-03, Research Triangle Park, NC 27711

    Phone: 919-541-4516

    Fax: 919 541-0246

    Email: kissell.mary@epamail.epa.gov

    Kent Hustvedt, Environmental Protection Agency, Air and Radiation,

    C439-04, Research Triangle Park, NC 27711

    Phone: 919-541-5395

    Fax: 919 541-0246

    Email: hustvedt.ken@epamail.epa.gov

    RIN: 2060-AE94

    3080. 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

    06/00/04

    Final Action

    06/00/05

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: State

    Additional Information: SAN 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, 1806A, Research Triangle Park, NC 27711

    Phone: 919-541-1063

    Fax: 202-564-7299

    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

    3081. 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

    07/00/04

    Final Action

    07/00/05

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Additional Information: SAN 4478.

    Sectors Affected: 562212 Solid Waste Landfill

    Agency Contact: Jolynn Collins, Environmental Protection Agency, Air and Radiation, C439-03, Research Triangle Park, NC 27711

    Phone: 919-541-5671

    Fax: 919 541-0246

    Email: collins.jolynn@epamail.epa.gov

    Kent Hustvedt, Environmental Protection Agency, Air and Radiation,

    C439-04, Research Triangle Park, NC 27711

    Phone: 919-541-5395

    Fax: 919 541-0246

    Email: hustvedt.ken@epamail.epa.gov

    RIN: 2060-AJ41

    3082. NESHAP: PRINTING AND PUBLISHING INDUSTRY; AMENDMENTS

    Priority: Substantive, Nonsignificant

    Legal Authority: 42 USC 7412

    CFR Citation: 40 CFR 63

    Legal Deadline: Final, Statutory, November 15, 1994, -.

    Abstract: The amendments will clarify the rule and ensure it reflects the EPA's intent.

    Page 38189

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    08/00/04

    Final Action

    02/00/05

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: Federal, State, Local

    Additional Information: SAN 4310.

    Agency Contact: Dave Salman, Environmental Protection Agency, Air and

    Radiation, C539-03, Research Triangle Park, NC 27711

    Phone: 919-541-0859

    Fax: 919 541-5689

    Email: salman.dave@epamail.epa.gov

    RIN: 2060-AI66

    3083. 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. (Note that there is currently a separate rule under development to amend Subpart LLL to implement the settlement agreement with the APCA -- SAN 4524, RIN 2060-AJ57.) On December 15, 2000, a panel of the D.C. Circuit issued its opinion in National Lime

    Ass'n v. EPA. The Court remanded the three standards for which we established floors of no control (hydrogen chloride [HCl], total hydrocarbon [THC], and mercury [Hg]). The Court found that we committed error in not considering other means of control, in particular, control of HAPs in raw materials and in fossil fuels. The Court also remanded that we consider setting beyond-the-floor standards for HAmetals, 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

    07/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: Businesses

    Government Levels Affected: None

    Additional Information: SAN 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

    Jim Crowder, Environmental Protection Agency, Air and Radiation, C504- 05, Washington, DC 20460

    Phone: 919-541-5596

    Fax: 919 541-5600

    Email: crowder.jim@epamail.epa.gov

    RIN: 2060-AJ78

    3084. NATIONAL EMISSION STANDARDS FOR COKE OVEN BATTERIES - RESIDUAL

    RISK STANDARDS

    Priority: Other Significant

    Legal Authority: 42 USC 7412

    CFR Citation: 40 CFR 63

    Legal Deadline: NPRM, Statutory, October 27, 2001, National Emission

    Standards for Coke Ovens - Residual Risk Standards.

    Abstract: The Clean Air Act (CAA) Section 112(f), standard to protect health and the environment is the statutory authority for this rulemaking. In accordance with Section 112(f)(2), EPA must promulgate residual risk standards 8 years after promulgation of emission standards. We promulgated emission standards for charging, topside leaks, and door leaks at coke ovens on October 27, 1993. This rule will further reduce coke oven emissions from charging, topside leaks, and door leaks at the affected coke plants.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    06/00/04

    Final Action

    04/00/05

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: Federal, State

    Additional Information: SAN 4620.

    Sectors Affected: 331111 Iron and Steel Mills

    Agency Contact: Lula Melton, Environmental Protection Agency, Air and

    Radiation, C439-02, Research Triangle Park, NC 27711

    Phone: 919-541-2910

    Fax: 919 541-5450

    Email: melton.lula@epamail.epa.gov

    Dave Guinnup, Environmental Protection Agency, Air and Radiation, C404- 01, Washington, DC 20460

    Phone: 919-541-5368

    Fax: 919 541-0840

    Email: guinnup.dave@epamail.epa.gov

    RIN: 2060-AJ96

    3085. NESHAP: GASOLINE DISTRIBUTION (STAGE I) RESIDUAL RISK STANDARDS

    Priority: Substantive, Nonsignificant

    Legal Authority: 42 USC 7412

    CFR Citation: 40 CFR 63

    Legal Deadline: Final, Statutory, December 14, 2002.

    Abstract: EPA developed technology-based standards for this source category under section 112(d) of the CAA. The current action, required by section 112(f) of the CAA, is to assess residual risks and develop additional emission standards, as necessary, to provide an ample margin of safety. The facilities covered by the 112(d) standard and under investigation in this project include both bulk gasoline terminals and pipeline breakout stations that emit or at plant sites that emit major source levels of airtoxics. Initial risk analyses have determined that there are some facilities with non-low risk. An ample margin of safety demonstration is under development.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    04/00/05

    Regulatory Flexibility Analysis Required: Undetermined

    Government Levels Affected: Undetermined

    Additional Information: SAN 4655.

    Agency Contact: Steve Shedd, Environmental Protection Agency, Air

    Page 38190

    and Radiation, C439-03, Washington, DC 20460

    Phone: 919-541-5397

    Fax: 919 685-3195

    Email: shedd.steve@epamail.epa.gov

    Kent Hustvedt, Environmental Protection Agency, Air and Radiation,

    C439-04, Research Triangle Park, NC 27711

    Phone: 919-541-5395

    Fax: 919 541-0246

    Email: hustvedt.ken@epamail.epa.gov

    RIN: 2060-AK10

    3086. 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 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

    04/00/05

    Regulatory Flexibility Analysis Required: Undetermined

    Government Levels Affected: None

    Additional Information: SAN 4660.

    Agency Contact: Phil Mulrine, Environmental Protection Agency, Air and

    Radiation, MD-C439-02, Washington, DC 20460

    Phone: 919-541-5289

    Fax: 919 541-5450

    Email: mulrine.phil@epamail.epa.gov

    Steve Fruh, Environmental Protection Agency, Air and Radiation, C439- 02, Washington, DC 20460

    Phone: 919-541-2837

    Fax: 919 541-3207

    Email: fruh.steve@epamail.epa.gov

    RIN: 2060-AK16

    3087. NESHAP: PERCHLOROETHYLENE DRY CLEANING FACILITIES RESIDUAL RISK

    STANDARDS

    Priority: Substantive, Nonsignificant

    Legal Authority: 42 USC 7412

    CFR Citation: 40 CFR 63

    Legal Deadline: None

    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.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    05/00/05

    Regulatory Flexibility Analysis Required: Undetermined

    Small Entities Affected: Businesses

    Government Levels Affected: Undetermined

    Additional Information: SAN 4662.

    Sectors Affected: 81232 Drycleaning and Laundry Services (except Coin-

    Operated)

    Agency Contact: Rhea Jones, Environmental Protection Agency, Air and

    Radiation, C539-03, Research Triangle Park, NC 27711

    Phone: 919-541-2940

    Fax: 919 541-5689

    Email: jones.rhea@epamail.epa.gov

    RIN: 2060-AK18

    3088. 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

    12/00/04

    Final Action

    To Be

    Determined

    Regulatory Flexibility Analysis Required: Undetermined

    Small Entities Affected: Businesses

    Government Levels Affected: None

    Additional Information: SAN 4667.

    Sectors Affected: 337 Furniture and Related Product Manufacturing; 337211 Wood Office Furniture Manufacturing

    Agency Contact: Lynn Dail, Environmental Protection Agency, Air and

    Radiation, C539-03, Washington, DC 20460

    Phone: 919-541-2363

    Fax: 919 541-5689

    Email: dail.lynn@epamail.epa.gov

    RIN: 2060-AK21

    3089. 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

    Page 38191

    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 fordoing 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 proded in the CAA.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    04/00/05

    Regulatory Flexibility Analysis Required: No

    Government Levels Affected: Undetermined

    Additional Information: SAN 4782.

    Agency Contact: Scott Jenkins, Environmental Protection Agency, Air and

    Radiation, C404-01, Washington, DC 20460

    Phone: 919-541-1167

    Fax: 919 541-0840

    Email: jenkins.scott@epamail.epa.gov

    Dave Guinnup, Environmental Protection Agency, Air and Radiation, C404- 01, Washington, DC 20460

    Phone: 919-541-5368

    Fax: 919 541-0840

    Email: guinnup.dave@epamail.epa.gov

    RIN: 2060-AK84

    3090. NATIONAL VOC EMISSION STANDARDS FOR CONSUMER PRODUCTS; PROPOSED

    AMENDMENTS

    Priority: Substantive, Nonsignificant

    Legal Authority: 42 USC 7511b

    CFR Citation: 40 CFR 59

    Legal Deadline: None

    Abstract: Amendments to the consumer products rule are being proposed to clarify and correct the rule.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    08/00/04

    Final Action

    08/00/05

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: Businesses

    Government Levels Affected: Federal, State, Local, Tribal

    Additional Information: SAN 4309.

    Sectors Affected: 32599 All Other Chemical Product Manufacturing

    Agency Contact: Bruce Moore, Environmental Protection Agency, Air and

    Radiation, C504-03, Research Triangle Park, NC 27711

    Phone: 919-541-5460

    Fax: 919 541-0072

    Email: moore.bruce@epamail.epa.gov

    Penny Lassiter, Environmental Protection Agency, Air and Radiation,

    C504-03, Research Triangle Park, NC 27711

    Phone: 919-541-5396

    Fax: 919 541-0072

    Email: lassiter.penny@epamail.epa.gov

    RIN: 2060-AI62

    3091. CONTROL OF HAZARDOUS AIR POLLUTANTS FROM MOBILE SOURCES

    Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined.

    Unfunded Mandates: Undetermined

    Legal Authority: 42 USC 7521

    CFR Citation: 40 CFR 80; 40 CFR 86

    Legal Deadline: None

    Abstract: Motor vehicles are significant contributors to national emissions of several hazardous air pollutants. These pollutants are known or suspected to have serious health or environmental impacts.

    Reducing emissions of these pollutants will reduce risk to public health and welfare. The Clean Air Act requires EPA to periodically revise requirements to control emissions of these pollutants from mobile sources. EPA committed to this rulemaking in the preamble of the last rulemaking on this topic, promulgated on March 29, 2001.

    This rule will address the need for additional requirements, beyond those associated with existing programs and other forthcoming rules, to control hazardous air pollutants (air toxics) from motor vehicles, nonroad engines and vehicles, and their fuels. Previous mobile source programs for highway and nonroad sources and fuels have already reduced air toxics significantly and will provide substantial further reductions in coming years as new standards and programs are phased in.

    This mobile-source air toxics rule will provide an overview of these mobile source programs and associated toxics emissions reductions. The rule will then address potential changes to gasoline fuel parameters to reduce toxics such as benzene and the potential for additional vehicle controls. We are also considering portable fuel container controls due to their significant contribution to VOC emissions overall and the potential for exposure to evaporative benzene emissions.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    01/00/05

    Final Action

    01/00/06

    Regulatory Flexibility Analysis Required: Undetermined

    Government Levels Affected: None

    Federalism: Undetermined

    Additional Information: SAN 4748.

    Sectors Affected: 3361 Motor Vehicle Manufacturing; 3363 Motor Vehicle

    Parts Manufacturing; 32411 Petroleum Refineries; 4227 Petroleum and

    Petroleum Products Wholesalers

    Agency Contact: Christopher Lieske, Environmental Protection Agency,

    Air and Radiation, ASD, Ann Arbor, MI 48105

    Phone: 734-214-4584

    Fax: 734 214-4050

    Email: lieske.christopher@epamail.epa.gov

    RIN: 2060-AK70

    Page 38192

    3092. PROTECTION OF STRATOSPHERIC OZONE: PROCESS FOR EXEMPTING CRITICAL

    USES OF METHYL BROMIDE

    Priority: Substantive, Nonsignificant

    Legal Authority: 42 USC 7671c

    CFR Citation: 40 CFR 82

    Legal Deadline: None

    Abstract: With this action, EPA will revise the accelerated phaseout regulations that govern the production, import, export, transformation and destruction of substances that deplete the ozone layer. The amendments will incorporate exemptions permitted under the Montreal

    Protocol on Substances that Deplete the Ozone Layer and recent changes to the Clean Air Act. Specifically, the amendments will create a process to exempt production and consumption of quantities of methyl bromide for critical and emergency uses from the 2005 phaseout of methyl bromide. Because this is an exemption, the rule will confer a benefit on affected entities.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    06/00/04

    Final Action

    12/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: Undetermined

    Additional Information: SAN 4535.

    Agency Contact: Hodayah Finman, Environmental Protection Agency, Air and Radiation, 6205J, Washington, DC 20460

    Phone: 202-343-9246

    Fax: 202 565-2079

    Email: finman.hodayah@epamail.epa.gov

    Tom Land, Environmental Protection Agency, Air and Radiation, 6205J,

    Washington, DC 20460

    Phone: 202-343-9185

    Fax: 202-565-2155

    Email: land.tom@epamail.epa.gov

    RIN: 2060-AJ63

    3093. PROTECTION OF STRATOSPHERIC OZONE: LISTING OF SUBSTITUTES FOR

    OZONE-DEPLETING SUBSTANCES: N-PROPYL BROMIDE

    Priority: Substantive, Nonsignificant

    Legal Authority: 42 USC 7414; 42 USC 7601; 42 USC 7671 to 7671q

    CFR Citation: 40 CFR 82

    Legal Deadline: None

    Abstract: This rule would list whether n-propylbromide (nPB) is an acceptable substitute for class I and class II ozone depleting substances used as solvents for general metals, precision, and electronics cleaning, as well as in aerosol solvent and adhesives end uses. This could provide another alternative to solvents with higher ozone depletion potential that industry is interested in using. The rule also would propose specific conditions on the use of nPB as a solvent. These might include limiting thespecific applications in which it may be used to those with low emissions and requiring exposure limits consistent with industry practices. This will ensure that nPB is used in a manner that is safe and environmentally protective. OSHA does not currently regulate nPB. EPA would revise our ruling to adopt whatever OSHA requires if OSHA later regulates the use of nPB. If finalized as proposed, this rule would be consistent with most existing industry practices and would impose little or no burden on industry.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    06/03/03

    68 FR 33284

    NPRM Correction

    10/02/03

    68 FR 56809

    NPRM for Coatings

    11/00/04

    Final Action

    11/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: Businesses

    Government Levels Affected: None

    Additional Information: SAN 4599. Split from RIN 2060-AJ58. The previous ANPRM was under SAN No. 3525.

    Sectors Affected: 331 Primary Metal Manufacturing; 332 Fabricated Metal

    Product Manufacturing; 333 Machinery Manufacturing; 334 Computer and

    Electronic Product Manufacturing; 336 Transportation Equipment

    Manufacturing; 337 Furniture and Related Product Manufacturing; 32615

    Urethane and Other Foam Product (except Polystyrene) Manufacturing

    Agency Contact: Margaret Sheppard, Environmental Protection Agency, Air and Radiation, 6205J, Washington, DC 20460

    Phone: 202-343-9163

    Fax: 202 343-2338

    Email: sheppard.margaret@epamail.epa.gov

    Erin Birgfeld, Environmental Protection Agency, Air and Radiation, 6205J, Washington, DC 20460

    Phone: 202-343-9079

    Fax: 202 343-2342

    Email: birgfeld.erin@epamail.epa.gov

    RIN: 2060-AK26

    3094. PROTECTION OF STRATOSPHERIC OZONE: ADJUSTING ALLOWANCES FOR CLASS

    I SUBSTANCES FOR EXPORT TO ARTICLE 5 COUNTRIES

    Priority: Substantive, Nonsignificant

    Legal Authority: 42 USC 7414; 42 USC 7601; 42 USC 7671 to 7671q

    CFR Citation: 40 CFR 82

    Legal Deadline: None

    Abstract: This action reinforces the economic incentives related to the transition of Article 5 countries to ozone-depleting substance alternatives. Currently, Article 5 allowances are determined as a percentage of total production allowances assigned to US companies for

    Class I ozone-depleting substances. In accordance with the Beijing

    Amendments of the Montreal Protocol, this action establishes Article 5 allowances independently of total production allowances.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    07/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Additional Information: SAN 4697.

    Agency Contact: Kate Choban, Environmental Protection Agency, Air and

    Radiation, 6205J, Washington, DC 20460

    Phone: 202-343-9337

    Fax: 202 343-2338

    Email: choban.kate@epamail.epa.gov

    Tom Land, Environmental Protection Agency, Air and Radiation, 6205J,

    Washington, DC 20460

    Page 38193

    Phone: 202-343-9185

    Fax: 202-565-2155

    Email: land.tom@epamail.epa.gov

    RIN: 2060-AK45

    3095. FEDERAL IMPLEMENTATION PLAN (FIP) FOR THE BILLINGS/LAUREL, MONTANA

    SULFUR DIOXIDE (SO2) AREA

    Priority: Info./Admin./Other

    Legal Authority: 12 USC 1701 et seq

    CFR Citation: 40 CFR 52

    Legal Deadline: None

    Abstract: The State of Montana submitted a sulfur dioxide (SO2) State

    Implementation Plan (SIP) for the Billings/Laurel, Montana area. On 5/ 2/02 and 5/22/03 we partially approved and partially disapproved

    Montana's SO2 SIP for Billings/Laurel. EPA intends to propose a Federal

    Implementation Plan (FIP) to cover those parts of the State's plan we disapproved. EPA's FIP will assure that the Billings/Laurel area will attain and maintain the SO2 NAAQS.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    09/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: Businesses

    Government Levels Affected: Undetermined

    Federalism: Undetermined

    Additional Information: SAN 4542.

    Sectors Affected: 32411 Petroleum Refineries

    Agency Contact: Laurie Ostrand, Environmental Protection Agency,

    Regional Office Denver, 8P-AR, Washington, DC 20460

    Phone: 303-312-6437

    Fax: 303 312-6064

    Email: ostrand.laurie@epamail.epa.gov

    Cynthia Cody, Environmental Protection Agency, Regional Office Denver, 8P-AR, Washington, DC 20460

    Phone: 303-312-6228

    Fax: 303 312-6064

    Email: cody.cynthia@epamail.epa.gov

    RIN: 2008-AA00

    3096. 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

    09/00/04

    Final Action

    05/00/06

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: Businesses

    Government Levels Affected: None

    Additional Information: SAN 3262.

    Agency Contact: Buddy Polovick, Environmental Protection Agency, Air and Radiation, 6406, Washington, DC 20460

    Phone: 734-214-4928

    Fax: 734 214-4052

    Email: polovick.buddy@epamail.epa.gov

    RIN: 2060-AE22

    3097. AMBIENT AIR QUALITY MONITORING REGULATIONS: REVISIONS

    Priority: Substantive, Nonsignificant

    Legal Authority: 42 USC 7401 et seq

    CFR Citation: 40 CFR 50 (Revision); 40 CFR 53 (Revision); 40 CFR 58

    (Revision)

    Legal Deadline: None

    Abstract: Air pollution control authorities use air quality data to determine compliance with the National Ambient Air Quality Standards and in subsequent work to develop air pollution mitigation strategies.

    The data come primarily from ambient air monitoring stations run by state and local agencies, although federal, tribal, and industrial organizations also run stations. The design of the monitoring networks is regulated under 40 CFR 58. This rule was originally written in 1979 and several revisions have been made in the intervening years. Air pollution control authorities have improved their parts of the network in response to changes in air quality, advances in the understanding of the movements and health effects of air pollutants, and developments in air pollution measurement technology. EPA has also cooperated with air pollution control authorities to improve the networks, but we have not revised the applicable regulations comprehensively. The proposed revisions would remove real or perceived constraints on redeploying air monitoring stations; more accurately reflect the roles of EPA and other control authorities in designing, reviewing, and modifying networks; bring provisions related to quality assurance up to date; and recognize technological changes. The current regulations require states to develop plans to deploy air monitoring networks. States generally develop new plans only when new monitoring is needed, such as for a new

    NAAQS. The regulations need to be revised to reflect the roles of EPA and the state and local agencies.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    07/00/04

    Final Action

    05/00/05

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: Governmental Jurisdictions

    Government Levels Affected: Federal, State, Local, Tribal

    Additional Information: SAN 4421.

    Sectors Affected: 92411 Air and Water Resource and Solid Waste

    Management; 334519 Other Measuring and Controlling Device Manufacturing

    URL For Public Comments: oar-2004-0018

    Agency Contact: Tim Hanley, Environmental Protection Agency, Air and

    Radiation, C339-02, Research Triangle Park, NC 27711

    Phone: 919-541-4417

    Fax: 919 541-1903

    Email: hanley.tim@epamail.epa.gov

    Michael Papp, Environmental Protection Agency, Air and Radiation, C339- 02, Research Triangle Park, NC 27711

    Phone: 919-541-2408

    Fax: 919 541-1903

    Page 38194

    Email: papp.michael@epamail.epa.gov

    RIN: 2060-AJ25

    3098. CONTROL OF AIR POLLUTION FROM MOTOR VEHICLES AND ENGINES:

    ALTERNATIVE LOW-SULFUR HIGHWAY DIESEL FUEL TRANSITION PROGRAM FOR ALASKA

    Priority: Substantive, Nonsignificant

    Legal Authority: 42 USC 7414; 42 USC 7545; 42 USC 7601(a); 42 USC 7625- 1

    CFR Citation: 40 CFR 69 and 80 (Revision)

    Legal Deadline: None

    Abstract: This action will carry out a flexibility provision for Alaska that was included in EPA's heavy-duty diesel rule, which was promulgated on January 18, 2001. That rule established more stringent national emission standards for heavy-duty highway vehicles and engines for the 2007 model year, and a technology-enabling sulfur limit of 15 ppm for highway diesel fuel beginning in 2006. In that rule, EPA recognized Alaska's unique geographical, meteorological, air quality, and economic factors and provided Alaska an opportunity to develop its own plan to transition to low-sulfur highway diesel fuel, as an alternative to the national transition program. Our goal in offering this flexibility is to transition Alaska into the low-sulfur fuel program in a manner that minimizes costs, while ensuring that the new vehicles and engines receive the low-sulfur fuel they need. As stated in the Federal Register notice for the diesel rule, if Alaska submits an alternative plan by April 1, 2002, and if EPA determines that it provides a reasonable alternative, EPA intends to initiate rulemaking and, within one year from the date of Alaska's submittal, promulgate a final rule to incorporate the alternative plan. A stakeholder process to develop options is already underway in Alaska, and the State informed EPA that it intends to submit an alternative transition plan in late 2001 or early 2002. This action will be in response to that anticipated submittal. We are also adding a related re-proposal to implement nationwide diesel fuel content standards for nonroad, locomotive and marine engines as it applies to Alaska's rural areas.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    06/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: Undetermined

    Additional Information: SAN 4570.

    Sectors Affected: 336112 Light Truck and Utility Vehicle Manufacturing

    Agency Contact: Richard Babst, Environmental Protection Agency, Air and

    Radiation, EN-340-F, 6406-J, Washington, DC 20460

    Phone: 202-343-9473

    Fax: 202 565-2085

    Email: babst.richard@epamail.epa.gov

    Mike Shields, Environmental Protection Agency, Air and Radiation, 6406-

    J, Washington, DC 20460

    Phone: 202-564-9035

    Fax: 202 565-2085

    Email: shields.mike@epamail.epa.gov

    RIN: 2060-AJ72

    3099. MODIFICATION OF AUTHORITY TO GRANT ALTERNATIVE METHOD APPROVALS

    Priority: Substantive, Nonsignificant

    Legal Authority: Not Yet Determined

    CFR Citation: Not Yet Determined

    Legal Deadline: None

    Abstract: Currently, stationary source regulations cite specific test methods to demonstrate compliance. If a source locates a test method which will measure the regulated pollutant(s) with similar precision and accuracy to the method cited in the regulation, and would like to use the alternative method, the source must petition the EPA (along with data documenting the applicability of the alternative) to allow the alternative method. Each of these alternative method approvals by letter may currently only be granted to a specific source. Source category-wide approvals must be published for comment in the Federal

    Register. Due to budgetary and time constraints, the process constrains industry trade associations from developing and submitting alternative test methods. Therefore, the purpose of this rulemaking is to modify the regulations to allow source category-wide alternative method approvals to be issued by letter.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    06/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: Undetermined

    Additional Information: SAN 4547.

    Agency Contact: Rima Howell, Environmental Protection Agency, Air and

    Radiation, D205-02, EMC Building, D205-02, Washington, DC 20460

    Phone: 919-541-0443

    Fax: 919 541-1039

    Email: howell.rima@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-AJ83

    3100. PERFORMANCE SPECIFICATIONS FOR CONTINUOUS PARAMETER MONITORING

    SYSTEMS

    Priority: Substantive, Nonsignificant

    Legal Authority: 42 USC 7401 et seq

    CFR Citation: 40 CFR 60 app B; 40 CFR 60 app F

    Legal Deadline: None

    Abstract: This action proposes Performance Specification 17 (PS-17),

    Quality Assurance (QA) Procedure 4, and amendments to Appendix F, QA

    Procedure 1. Performance Specification 17 and QA Procedure 4 apply to continuous parameter monitoring systems (CPMS). Many of the rules promulgated under 40 CFR part 63 require owners and operators of affected emission units to install and operate CPMS to monitor various parameters, such as temperature, pressure, flow rate, and pH, associated with the operation and performance of emission control devices. However, few, if any, of those rules specify complete procedures for ensuring the quality of the data measured by CPMS. The proposed PS-17 establishes procedures and other requirements that will ensure that those CPMS are properly selected, installed, and placed

    Page 38195

    into operation. The proposed QA Procedure 4 specifies procedures that will ensure that those CPMS provide quality data on an ongoing basis.

    Both PS-17 and QA Procedure 4 will help to ensure compliance with emission limitations established under 40 CFR part 63. Procedure 1 of

    Appendix F currently addresses QA procedures for continuous emission monitoring systems (CEMS) that measure a single pollutant. The proposed amendments to QA Procedure 1 broadens the procedure to address the unique requirements of CEMS that are used for monitoring multiple pollutants. Because several of the regulations promulgated under 40 CFR part 63 require multiple pollutant CEMS, these amendments are needed to ensure those CEMS are operated in a manner that ensures the quality of the emission data collected. This action is not expected to have any impacts on small entities or State, local, or tribal governments.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    12/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Additional Information: SAN 4584.

    Sectors Affected: 31-33 Manufacturing; 21 Mining; 486 Pipeline

    Transportation; 562213 Solid Waste Combustors and Incinerators; 562212

    Solid Waste Landfill; 22 Utilities

    Agency Contact: Barrett Parker, Environmental Protection Agency, Air and Radiation, EN-341W, D243-02, Research Triangle Park, NC 27711

    Phone: 919-541-5635

    Fax: 919 541-1039

    Email: parker.barrett@epamail.epa.gov

    Fred Thompson, Environmental Protection Agency, Air and Radiation,

    D243-02, Research Triangle Park, NC 27711

    Phone: 919-541-2707

    Email: thompson.fred@epamail.epa.gov

    RIN: 2060-AJ86

    3101. MODIFICATION OF ANTI-DUMPING BASELINES FOR GASOLINE PRODUCED OR

    IMPORTED FOR USE IN HAWAII, ALASKA AND THE U.S. TERRITORIES

    Priority: Substantive, Nonsignificant

    Legal Authority: 42 USC 7414; 42 USC 7545; 42 USC 7601(a)

    CFR Citation: 40 CFR 80 (Revision)

    Legal Deadline: None

    Abstract: ``Dumping'' refers to the practice whereby refiners making clean fuels for certain markets (such as reformulated gasoline for clean-air purposes) take the pollutants removed from the clean fuels and ``dump'' them into other fuels they are producing for other markets. This, if allowed, would make those other fuels even dirtier than before, and so the Clean Air Act prohibits this practice. EPA has existing ``anti-dumping'' rules on the books that codify this Clean Air

    Act prohibition. This action proposes to allow refiners and importers of conventional gasoline produced or imported for use in Hawaii,

    Alaska, the Commonwealth of Puerto Rico, the Virgin Islands, Guam and the Commonwealth of the Northern Mariana Islands to petition EPA to modify their baselines to use the most appropriate seasonal baseline and Complex Model for purposes of compliance with the RFG program's anti-dumping requirements. Specifically, this action would allow refiners and importers to petition EPA to use the summer Complex Model for all anti-dumping baseline and compliance determinations for conventional gasoline produced or imported for use in Hawaii, the

    Commonwealth of Puerto Rico, the Virgin Islands, Guam and the

    Commonwealth of the Northern Mariana Islands. This action would allow refiners and importers to petition EPA to use the winter Complex Model for all anti-dumping baseline and compliance purposes in Alaska. We are proposing this action to address certain inconsistencies in the RFG program's anti-dumping provisions which may have significant unintended negative impacts on refiners and importers. In addition, this action proposes to modify the anti-dumping provisions to address compliance in certain situations where a refinery becomes non-operational during the annual averaging period. This action is intended to address compliance issues where a refinery does not produce sufficient ``summer'' gasoline to offset the higher emissions of ``winter'' gasoline due to the refinery becoming non-operational during the annual averaging period.

    Today's proposed actions would not compromise the environmental goals of the RFG program, or result in any environmental degradation. Today's proposed actions would not have any negative impact on small businesses or state/local/tribal governments.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    06/00/04

    Regulatory Flexibility Analysis Required: No

    Government Levels Affected: None

    Additional Information: SAN 4632.

    Agency Contact: Marilyn Bennett, Environmental Protection Agency, Air and Radiation, 6406J, Washington, DC 20460

    Phone: 202-343-9624

    Email: bennett.marilyn@epamail.epa.gov

    RIN: 2060-AK02

    3102. PERFORMANCE-BASED MEASUREMENT SYSTEM FOR FUELS: CRITERIA FOR SELF-

    QUALIFYING ALTERNATIVE TEST METHODS; DESCRIPTION OF OPTIONAL STATISTICAL

    QUALITY CONTROL MEASURES

    Priority: Substantive, Nonsignificant

    Legal Authority: 42 USC 7545

    CFR Citation: 40 CFR 80

    Legal Deadline: None

    Abstract: Transportation fuels (like gasoline and diesel fuel) are regulated by EPA under the Clean Air Act to control the emissions that result when they are burned in engines, and also to protect engines' emission control equipment. Fuels regulations require measurement of various of the fuels' properties, and prescribe ``designated'' analytical methods for that purpose. This regulation is intended to provide a way for regulated parties to self-qualify alternatives to the designated measurement methods that may be cheaper, quicker, simpler, more amenable to automation, or otherwise preferable. The regulation will also prescribe a minimum level of statistical quality control for all fuels test methods, designated or alternative. The regulations should quicken the

    Page 38196

    adoption of new measurement technologies by removing the need for multiple method-specific rulemakings, but to do so in a way that will not degrade the performance of the overall measurement system. The qualification criteria are designed to admit only methods that are as precise as the designated methods and can be made to accurately predict designated method measurements. Introduction of statistical quality control for all methods should improve measurement precision and accuracy in actual practice across all methods.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    08/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Additional Information: SAN 4633.

    Sectors Affected: 324199 All Other Petroleum and Coal Products

    Manufacturing; 54199 All Other Professional, Scientific and Technical

    Services; 42271 Petroleum Bulk Stations and Terminals; 48691 Pipeline

    Transportation of Refined; 334516 Analytical Laboratory Instrument

    Manufacturing

    Agency Contact: John Holley, Environmental Protection Agency, Air and

    Radiation, 6406J, Washington, DC 20460

    Phone: 202-343-9305

    Fax: 202 233-9557

    Email: holley.john@epamail.epa.gov

    Joe Sopata, Environmental Protection Agency, Air and Radiation, 6406J,

    Washington, DC 20460

    Phone: 202-343-9034

    Fax: 202 343-2802

    Email: sopata.joe@epamail.epa.gov

    RIN: 2060-AK03

    3103. REGULATION OF FUEL AND FUEL ADDITIVES: EXTENSION OF CALIFORNIA

    ENFORCEMENT EXEMPTIONS FOR REFORMULATED GASOLINE TO CALIFORNIA PHASE 3

    GASOLINE

    Priority: Substantive, Nonsignificant

    Legal Authority: 42 USC 7414; 42 USC 7545; 42 USC 7601(a)

    CFR Citation: 40 CFR 80.81

    Legal Deadline: None

    Abstract: EPA is proposing to exempt refiners, importers, and blenders of gasoline subject to the State of California's reformulated gasoline regulations from certain enforcement provisions in the federal reformulated (RFG) regulations. Certain exemptions under the federal

    RFG program already apply to California Phase 2 gasoline, but additional exemptions are necessary to cover Phase 3 gasoline.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    06/00/04

    Final Action

    11/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Additional Information: SAN 4634.

    Sectors Affected: 32411 Petroleum Refineries; 32511 Petrochemical

    Manufacturing

    Agency Contact: Anne--Marie Pastorkovich, Environmental Protection

    Agency, Air and Radiation, 6406J, Washington, DC 20460

    Phone: 202-343-9623

    Email: pastorkovich.anne-marie@epamail.epa.gov

    Dave Kortum, Environmental Protection Agency, Air and Radiation, 6406J,

    Washington, DC 20460

    Phone: 202-343-9022

    Fax: 202 343-2802

    Email: kortum.dave@epamail.epa.gov

    RIN: 2060-AK04

    3104. TRANSPORTATION CONFORMITY RULE AMENDMENTS FOR NEW 8-HOUR OZONE AND

    PM2.5 NATIONAL AMBIENT AIR QUALITY STANDARDS

    Priority: Other Significant

    Legal Authority: 42 USC 7401 to 7671q

    CFR Citation: 40 CFR 51 and 93

    Legal Deadline: None

    Abstract: The transportation conformity rule ensures that transportation planning is consistent with a state's plans for achieving the air quality standards. These amendments to the existing transportation conformity rule are necessary as a result of the new 8- hour ozone and PM2.5 air quality standards. The main issues that will be addressed in these amendments are the regional emissions tests that apply before new SIPs are submitted and which particulate matter provisions of the rule apply to PM2.5.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    11/05/03

    68 FR 62690

    Supplemental NPRM

    07/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: Governmental Jurisdictions

    Government Levels Affected: Federal, Local, State

    Additional Information: SAN 4811. 2060-AI56 was merged into this action

    May 2004

    Agency Contact: Meg Patulski, Environmental Protection Agency, Air and

    Radiation, 1200 Pennsylvania Ave, Washington, DC 20460

    Phone: 734-214-4842

    Fax: 734 214-4052

    Email: patulski.meg@epamail.epa.gov

    Angela Spickard, Environmental Protection Agency, Air and Radiation,

    NFEVL, Ann Arbor, MI 49105

    Phone: 734-214-4283

    Email: spickard.angela@epamail.epa.gov

    RIN: 2060-AL73

    3105. PREVENTION OF SIGNIFICANT DETERIORATION (PSD) AND NONATTAINMENT

    NEW SOURCE REVIEW (NSR): ALLOWABLES PLANTWIDE APPLICABILITY LIMIT (PAL),

    AGGREGATION, AND DEBOTTLENECKING

    Priority: Other Significant

    Legal Authority: 42 USC 7401 et seq

    CFR Citation: 40 CFR 51.165; 40 CFR 51.166; 40 CFR 52.21

    Legal Deadline: None

    Abstract: These rules clarify when less than significant emissions increases from multiple activities at a single major stationary source must be considered together for the purposes of determining major new source review (NSR) applicability (aggregation). We are also changing in the way emissions from permitted emissions units upstream or downstream from those undergoing a physical change or change in the method of operation are considered when determining if a proposed project will result in a

    Page 38197

    significant emissions increase (debottlenecking). The rules also provide an allowables plantwide applicability limit (PAL) option that is based on the allowable emissions from major stationary sources. A

    PAL is an optional approach that provides the owners or operators of major stationary sources with the ability to manage facility-wide emissions without triggering major NSR. The added flexibility of a PAL allows sources to respond rapidly to market changes consistent with the goals of the NSR program. The regulations for aggregation and debottlenecking are intended to improve implementation of the program by articulating principles for determining major NSR applicability that were previously addressed through guidance only. The purpose of the allowables PAL rule is to encourage major stationary sources to install state-of-the-art controls in exchange for regulatory certainty and flexibility.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    12/00/04

    Final Action

    07/00/05

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: Federal, Local, State, Tribal

    Additional Information: SAN 4793.

    Agency Contact: Raj Rao, Environmental Protection Agency, Air and

    Radiation, C339-03, Research Triangle Park, NC 27711

    Phone: 919-541-5344

    Fax: 919 541-5509

    Email: rao.raj@epamail.epa.gov

    Juan Santiago, Environmental Protection Agency, Air and Radiation,

    C33903, Washington, DC 20460

    Phone: 919-541-1084

    Fax: 919 541-5509

    Email: santiago.juan@epamail.epa.gov

    RIN: 2060-AL75

    3106. CLEAN AIR INTERSTATE RULE; FORMERLY TITLED INTERSTATE AIR QUALITY

    RULE

    Priority: Economically Significant. Major under 5 USC 801.

    Unfunded Mandates: Undetermined

    Legal Authority: 42 USC 7410(a)

    CFR Citation: 40 CFR 51, 72, 75, 96

    Legal Deadline: None

    Abstract: Many pollutant types and sources contribute to ambient levels of fine particulate matter (PM2.5) and ozone that exceed national air quality standards, and to regional haze that adversely affects visibility in federal Class I areas. Some of these pollutants may originate tens or hundreds of miles from the areas where violations of the national ambient air quality standards are detected, from sources that are outside the jurisdiction of the State that is harmed. The

    Clean Air Act requires that a State take steps to prevent emissions from sources located within its boundaries from interfering with a downwind State's ability to meet air quality standards, or interfering with measures to protect visibility. EPA believes it is important to address interstate transport of PM2.5 and 8-hour ozone prior to the time when State plans addressing nonattainment of the standards are completed, so that States can rely on upwind reductions when developing plans for attaining the standards. The Bush Administration has proposed

    Clear Skies legislation that will help reduce interstate transport of pollution from the largest emitters in the power generation sector.

    This mandatory program would dramatically reduce sulfur dioxide (SO2), nitrogen oxides (NOx), and mercury by setting a national cap on emissions of each pollutant from power generators. Trading would provide sources with flexibility to reduce their emissions in most efficient and least costly way. EPA prefers to address the issue of transported pollution from power generators through Clear Skies legislation rather than rulemaking. Because enactment of legislation is inherently uncertain, in addition to promoting legislation EPA is initiating this rulemaking as a potential substitute to achieve part of what would be achieved by Clear Skies. Also, if analysis warrants, this rulemaking could supplement legislation by addressing categories of emissions sources not covered by the legislation. Further, EPA will conduct updated tranport analyses to determine whether emission reductions beyond the already-promulgated NOx SIP Call (63 FR 57355) are warranted for purposes of the 8-hour ozone standard. Under the interstate air quality rule, EPA would establish state-level emissions reduction requirements for transported pollutants, and offer compliance flexibility in the form of an emissions trading program.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    01/30/04

    69 FR 4566

    Supplemental NPRM

    06/00/04

    Notice of Data Availability

    08/00/04

    Final Action

    11/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: Federal, Local, State, Tribal

    Additional Information: SAN 4794.

    Agency Contact: Scott Mathias, Environmental Protection Agency, Air and

    Radiation, MD-15, C539-01, Washington, DC 20460

    Phone: 919-541-5310

    Fax: 919-541-0237

    Email: mathias.scott@epamail.epa.gov

    Joe Paisie, Environmental Protection Agency, Air and Radiation, C504- 02, Washington, DC 20460

    Phone: 919-541-5556

    Email: paisie.joe@epamail.epa.gov

    RIN: 2060-AL76

    3107. SECTION 126 RULE: LIFTING THE 8-HOUR STAY

    Priority: Substantive, Nonsignificant

    Legal Authority: 42 USC 7426

    CFR Citation: 40 CFR 52; 40 CFR 75; 40 CFR 97

    Legal Deadline: Final, Statutory, November 29, 2004, Statutory Final:

    Must be signed and sent to the Hill by 11/29/04 or the section 126 findings will be triggered on 11/30/04.

    Abstract: Section 126 of the CAA allows States to petition EPA for a finding that emissions from stationary sources in other States significantly contribute to nonattainment problems in the petitioning

    State. If EPA approves a petition, EPA would establish Federal requirements for the sources. In April 1999, EPA finalized action on 8 petitions submitted by Northeastern States for purposes of mitigating interstate transport of NOx, one of the main precursors of ground-level ozone. Subsequent court rulings caused EPA to stay the portion of the rule based on the 8-hour ozone standard. Now, the aforementioned

    Page 38198

    court challenges have been resolved, enabling EPA to lift the stay on the 8-hour portion of the rule. This action would accomplish the removal of that stay and complete EPA's action on the 8-hour petitions.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    09/00/04

    Final Action

    03/00/05

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Additional Information: SAN 4095.1. Split from RIN 2060-AH88.

    Agency Contact: Carla Oldham, Environmental Protection Agency, Air and

    Radiation, MD-15, Research Triangle Park, NC 27711

    Phone: 919-541-3347

    Fax: 919 541-0824

    Email: oldham.carla@epamail.epa.gov

    RIN: 2060-AL79

    3108. SECTION 126 RULE: WITHDRAWAL OF FINDINGS FOR SOURCES IN MICHIGAN

    Priority: Substantive, Nonsignificant

    Legal Authority: 42 USC 7401 et seq

    CFR Citation: 40 CFR 52.34

    Legal Deadline: None

    Abstract: In response to petitions submitted by four Northeastern

    States, in January 2000, EPA issued the Section 126 Rule which required sources in Michigan and certain other States to reduce nitrogen oxides

    (NOx) emissions for the purpose of reducing interstate ozone transport.

    EPA coordinated the Section 126 Rule with another rule known as the NOx

    State implementation plan (SIP) Call, which also addresses ozone transport in the eastern half of the United States. EPA established a mechanism in the Section 126 Rule whereby the rule would be withdrawn for sources in a State if the State submitted, and EPA approved, a SIP that complied with the NOx SIP Call. This was a practical way to address the overlap between the two rules and avoid having sources be subject to two sets of potentially different NOx transport control requirements. As the result of court actions, the compliance dates for the Section 126 Rule and the NOx SIP Call have been delayed and the NOx

    SIP Call has been divided into two phases. Therefore, in a separate action, EPA proposed to revise the Section 126 Rule withdrawal provision so that it will continue to operate under these new circumstances. Under that proposal, where a State submits a NOx SIP that meets only Phase 1 of the NOx SIP Call, EPA would need to make a determination that the SIP controls the total group of Section 126 sources to the same stringency as the Section 126 Rule would before the

    Section 126 Rule could be withdrawn. The EPA has reviewed and isin the process of approving the Michigan NOx SIP. In this current action, EPA is proposing that the SIP meets the newly proposed Section 126 Rule withdrawal criteria, and therefore, EPA is proposing to withdraw the redundant Section 126 Rule for sources in Michigan.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    06/00/04

    Final Action

    12/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: Federal, Local

    Additional Information: SAN 4796.

    Agency Contact: Carla Oldham, Environmental Protection Agency, Air and

    Radiation, MD-15, Research Triangle Park, NC 27711

    Phone: 919-541-3347

    Fax: 919 541-0824

    Email: oldham.carla@epamail.epa.gov

    Doug Grano, Environmental Protection Agency, Air and Radiation, C539- 02, Washington, DC 20460

    Phone: 919-541-3292

    Fax: 919 541-0824

    Email: grano.doug@epamail.epa.gov

    RIN: 2060-AL83

    3109. 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: Substantive, Nonsignificant

    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 theDistrict 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 tolift 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

    01/00/05

    Final Action

    08/00/05

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: Local, State

    Additional Information: SAN 4797.

    Agency Contact: Jan King, Environmental Protection Agency, Air and

    Radiation, C539-02, Washington, DC 20460

    Phone: 919-541-5665

    Fax: 919 541-0824

    Email: king.jan@epamail.epa.gov

    Doug Grano, Environmental Protection Agency, Air and Radiation, C539- 02, Washington, DC 20460

    Phone: 919-541-3292

    Fax: 919 541-0824

    Page 38199

    Email: grano.doug@epamail.epa.gov

    RIN: 2060-AL84

    3110. AMENDMENTS TO LEATHER FINISHING NESHAP

    Priority: Substantive, Nonsignificant

    Legal Authority: 42 USC 7401 et seq

    CFR Citation: 40 CFR 63 (Revision)

    Legal Deadline: None

    Abstract: On February 27, 2002, EPA promulgated National Emission

    Standards for Hazardous Air Pollutants (NESHAP) for the Leather

    Finishing Operations industry. EPA was subsequently petitioned by two affected facilities concerning the definition of specialty leather. EPA has engaged in negotiations with these facilities concerning the definition and is issuing these technical corrections to address the concerns. The amendments to the rule will clarify the definition of specialty leather and provide a means of determining what kinds of leather meet the definition of specialty leather.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    06/00/04

    Final Action

    03/00/05

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Additional Information: SAN 4802.

    Agency Contact: William 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

    Andrew Waite, Environmental Protection Agency, Air and Radiation, C504- 04, Washington, DC 20460

    Phone: 214-665-7332

    Fax: 919 541-3470

    Email: waite.andrew@epamail.epa.gov

    RIN: 2060-AL89

    3111. PROTECTION OF STRATOSPHERIC OZONE; ALLOWANCE SYSTEM FOR

    CONTROLLING HCFC PRODUCTION, IMPORT AND EXPORT; CORRECTION

    Priority: Substantive, Nonsignificant

    Legal Authority: 42 USC 7414; 42 USC 7601; 42 USC 7671

    CFR Citation: 40 CFR 82 (Revision)

    Legal Deadline: None

    Abstract: Although an allowance allocation system for controlling hydrochlorofluorocarbon (HCFC) production, import, and export was established with publication of the final rule on January 21, 2003 (SAN 4120, RIN 2060-AH67), several issues associated with that system have arisen that need to be amended for clarity and consistency.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    08/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: Businesses

    Government Levels Affected: None

    Additional Information: SAN 4804.

    Agency Contact: Vera Au, Environmental Protection Agency, Air and

    Radiation, 6205J, Washington, DC 20460

    Phone: 202-343-9215

    Fax: 202-343-2337

    Email: au.vera@epamail.epa.gov

    Tom Land, Environmental Protection Agency, Air and Radiation, 6205J,

    Washington, DC 20460

    Phone: 202-343-9185

    Fax: 202-565-2155

    Email: land.tom@epamail.epa.gov

    RIN: 2060-AL90

    3112. AMENDMENTS TO THE NESHAP FOR CELLULOSE PRODUCTS MANUFACTURING

    Priority: Substantive, Nonsignificant

    Legal Authority: 42 USC 7401 et seq

    CFR Citation: 40 CFR 63 (Revision)

    Legal Deadline: None

    Abstract: On July 11, 2002, EPA promulgated National Emission Standards for Hazardous Air Pollutants (NESHAP) for the Cellulose Products

    Manufacturing industry. The EPA was subsequently petitioned by two affected facilities concerning several issues. The EPA has engaged in negotiations with these facilities concerning the issues and is issuing these amendments to address the concerns. The amendments clarify several definitions and provide clearer and consistent directions on complying with the standards.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    08/00/04

    Final Action

    07/00/05

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Additional Information: SAN 4808.

    Agency Contact: Bill Schrock, Environmental Protection Agency, Air and

    Radiation, C504-04, Washington, DC 20460

    Phone: 919-541-5032

    Email: schrock.bill@epamail.epa.gov

    Andrew Waite, Environmental Protection Agency, Air and Radiation, C504- 04, Washington, DC 20460

    Phone: 214-665-7332

    Fax: 919 541-3470

    Email: waite.andrew@epamail.epa.gov

    RIN: 2060-AL91

    3113. CONTROL OF EMISSIONS OF AIR POLLUTION FROM NEW MOTOR VEHICLES: ON-

    BOARD DIAGNOSTIC REQUIREMENTS FOR HEAVY-DUTY ENGINES AND VEHICLES ABOVE 14,000 POUNDS AND IN-USE, NOT-TO-EXCEED EMISSION STANDARD TEST

    Priority: Substantive, Nonsignificant

    Legal Authority: 42 USC 7401 to 7671q

    CFR Citation: 40 CFR 86

    Legal Deadline: None

    Abstract: EPA is proposing to establish On-Board Diagnostic (OBD) requirements for Heavy-Duty On-Highway and Non-Road vehicles and engines greater than 14,000 pounds gross vehicle weight. This action will also propose to require manufacturers of these vehicles and engines to make available emissions-related service information to after market service providers. OBD systems are intended to monitor the performance of emission controls on these vehicles and engines to ensure proper functionality and compliance with emissions standards.

    This notice also proposes a manufacturer run in use testing program for heavy-duty engines and vehicles to assess compliance with the applicable not to exceed standards beginning in 2007. This portion of the notice has a court-ordered date for May 2004 and final May 2005 as a result

    Page 38200

    of a settlement between EPA, ARB, and Engine Manufacturers.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    11/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Additional Information: SAN 4809.

    Agency Contact: Arvon Mitcham, Environmental Protection Agency, Air and

    Radiation, 1200 Pennsylvania Ave, Washington, DC 20460

    Phone: 734-214-4522

    Fax: 734 214-4053

    Email: mitcham.arvon@epamail.epa.gov

    Holly Pugliese, Environmental Protection Agency, Air and Radiation, 1200 Pennsylvania Ave, Washington, DC 20460

    Phone: 734-214-4288

    Fax: 734 214-4053

    Email: pugliese.holly@epamail.epa.gov

    RIN: 2060-AL92

    3114. PROTECTION OF STRATOSPHERIC OZONE: QUANTITY ALLOCATION OF METHYL

    BROMIDE FOR CRITICAL USE EXEMPTIONS AFTER THE PHASEOUT

    Priority: Other Significant

    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 allocate quantities of methyl bromide for critical use exemptions to entities within the United States based on amounts of methyl bromide authorized by the Parties to the Montreal Protocol for use after the 2005 phase-out date. This action is a deregulatory action that will reduce 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.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    10/00/04

    Final Action

    12/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Additional Information: SAN 4820.

    Agency Contact: Marta Montoro, Environmental Protection Agency, Air and

    Radiation, 6205J, Washington, DC 20460

    Phone: 202-343-9321

    Fax: 202 343-2337

    Email: montoro.marta@epamail.epa.gov

    Hodayah Finman, Environmental Protection Agency, Air and Radiation, 6205J, Washington, DC 20460

    Phone: 202-343-9246

    Fax: 202 565-2079

    Email: finman.hodayah@epamail.epa.gov

    RIN: 2060-AL95

    3115. 5-YEAR REVIEW OF MACT STANDARDS FOR LARGE MWC

    Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined.

    Legal Authority: 42 USC 7401 et seq

    CFR Citation: 40 CFR 60

    Legal Deadline: Final, Judicial, April 28, 2006.

    Abstract: Under section 129 of the Clean Air Act (CAA), EPA is required to adopt and implement maximum achievable control technology (MACT) standards for both new and existing large municipal waste combustion units (MWC). Those MACT standards have been adopted and fully implemented with all retrofits completed. Section 129(a)(5)of the CAA requires EPA to review and, if necessary, revise those standards every 5 years. This rulemaking addresses those requirements and is the first 5-year review of the MACT standards. Implementation of these MACT standards has been highly effective and has reduced dioxin/furan emissions by more than 99 percent since 1990 and mercury emissions by more than 95 percent since 1990. Similar reductions have occurred for other CAA section 129 pollutants.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    11/00/04

    Final Action

    05/00/06

    Regulatory Flexibility Analysis Required: Undetermined

    Government Levels Affected: Undetermined

    Additional Information: SAN 4829.

    Agency Contact: Walt Stevenson, Environmental Protection Agency, Air and Radiation, C-439-01, Washington, DC 20460

    Phone: 919-541-5264

    Fax: 919 541-5450

    Email: stevenson.walt@epamail.epa.gov

    RobertJ Wayland, Environmental Protection Agency, Air and Radiation,

    C439-01, Washington, DC 20460

    Phone: 919-541-1045

    Fax: 919 541-5450

    Email: wayland.robertj@epamail.epa.gov

    RIN: 2060-AL97

    3116. ALTERNATIVE WORK PRACTICE FOR LEAK DETECTION AND REPAIR

    Priority: Substantive, Nonsignificant

    Legal Authority: 42 USC 7411

    CFR Citation: 40 CFR 60, 61, and 63

    Legal Deadline: None

    Abstract: This rule would amend existing regulations controlling emissions of volatile organic compounds (VOC) under the Clean Air Act.

    These regulations are codified at 40 CFR Part 60, 61, and 63. These regulations require periodic leak detection and repair (LDAR) of pumps and valves. The current work practice requires each pump and valve to be individually monitored for leaks. Facilities have had LDAR programs in place for nearly 20 years and view them as burdensome because they are labor intensive.Newer laser based monitoring technology is being developed which will detect leaks at a reduced costs because of the ability to monitor multiple components at one time. This rule would amend the existing regulations to enable the plant operators to use the new technology.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    01/00/05

    Final Action

    01/00/06

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Additional Information: SAN 4830.

    Page 38201

    Agency Contact: David Markwordt, Environmental Protection Agency, Air and Radiation, C435-B, Washington, DC 20460

    Phone: 919-541-0837

    Fax: 919 541-0942

    Email: markwordt.david@epamail.epa.gov

    RIN: 2060-AL98

    3117. [bullet][ls-thn-eq] NESHAP: MUNICIPAL SOLID WASTE LANDFILLS--

    AMENDMENTS

    Priority: Substantive, Nonsignificant

    Legal Authority: Not Yet Determined

    CFR Citation: 40 CFR 63.1960; 40 CFR 63.1975; 40 CFR 63.1980

    Legal Deadline: None

    Abstract: This action will address issues concerning the National

    Emission Standards for Hazardous Air Pollutants: Municipal Solid Waste

    Landfills, that was published on January 16, 2003. We will revise the startup, shutdown, and malfunction provisions promulgated in the rule in response to requests for more flexibility. We will clarify that the moisture balance calculations should be calculated on a wet weight basis as a response to requests about the intent of the promulgated rule. We will correct errors in the compliance dates for the rule.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    07/00/04

    Final Action

    11/00/04

    Regulatory Flexibility Analysis Required: Undetermined

    Government Levels Affected: Local, Tribal

    Additional Information: SAN 4846.

    Agency Contact: Jolynn Collins, Environmental Protection Agency, Air and Radiation, C439-03, Research Triangle Park, NC 27711

    Phone: 919-541-5671

    Fax: 919 541-0246

    Email: collins.jolynn@epamail.epa.gov

    Kent Hustvedt, Environmental Protection Agency, Air and Radiation,

    C439-04, Research Triangle Park, NC 27711

    Phone: 919-541-5395

    Fax: 919 541-0246

    Email: hustvedt.ken@epamail.epa.gov

    RIN: 2060-AM08

    3118. [bullet][ls-thn-eq] ADDITION OF CO EMISSION LIMIT FOR LARGE MWC

    USING FLUID BED COMBUSTION TECHNOLOGY (SECTION 129)

    Priority: Substantive, Nonsignificant

    Legal Authority: 42 USC 7401 et seq

    CFR Citation: 40 CFR 60 and 62

    Legal Deadline: None

    Abstract: Under the Clean Air Act (CAA), EPA adopted air emission regulations (``emission guidelines'') for both large and small existing municipal waste combustors (MWC). The emission guidelines were adopted under the CAA section 129 and were based on the application of maximum achievable control technology. The emission guidelines for large MWC were adopted in December 1995, and the emission guidelines for small

    MWC were adopted in December 2000. The emission guidelines are implemented through State plans developed under CAA section 111(d)/129.

    Where a State plan has not been developed, a Federal plan implements the emission guidelines. The emission guidelines for both large and small MWC include application of good combustion practices (GCP) to minimize the generation of air pollutants during combustion. The GCP includes emission limits for CO. The emission guidelines include different CO limits for different combustor types. The emission guidelines for small MWC included a unique CO limit for fluidized bed combustion technology firing mixtures of wood and municipal waste

    (mixed fuels). The guidelines for large MWCs did not include such a unique CO limit because this there were no known large MWCs that used this technology. In late 1999, an enforcement action determined an MWC classified as a small MWC was actually a large MWC. The EPA reclassified that MWC as a large MWC, and it was therefore required to meet the large-MWC guidelines. However, the large MWC emission guidelines do not currently contain a unique CO limit for this combustor type, and so the unique limit must be added by amending the original guidelines. This rulemaking action would add a unique CO limit to the large MWC guidelines (subpart Cb) and Federal Plan (subpart

    FFF). The CO limit we propose to add is the same 200 ppmV CO limit contained in the small MWC emission guidelines.

    Timetable:

    Action

    Date

    FR Cite

    NPRM Amendments

    06/00/04

    DFRM Amendments

    06/00/05

    Regulatory Flexibility Analysis Required: Undetermined

    Government Levels Affected: None

    Additional Information: SAN 4844.

    Agency Contact: Walt Stevenson, Environmental Protection Agency, Air and Radiation, C-439-01, Washington, DC 20460

    Phone: 919-541-5264

    Fax: 919 541-5450

    Email: stevenson.walt@epamail.epa.gov

    RobertJ Wayland, Environmental Protection Agency, Air and Radiation,

    C439-01, Washington, DC 20460

    Phone: 919-541-1045

    Fax: 919 541-5450

    Email: wayland.robertj@epamail.epa.gov

    RIN: 2060-AM11

    3119. [bullet][ls-thn-eq] NESHAP: AREA SOURCE STANDARDS--ETHYLENE OXIDE

    HOSPITAL STERILIZATION

    Priority: Substantive, Nonsignificant

    Legal Authority: 42 USC 7412

    CFR Citation: 40 CFR 63

    Legal Deadline: Final, Statutory, November 30, 2000.

    Abstract: The Clean Air Act requires the EPA to list source categories that contribute to the emissions of 30 listed (or area source) HAPs, and that are, or will be, subject to standards under section 112 of the

    Act. Sterilization processes use ethylene oxide which is one of the 30 listed HAPs. Hospital sterilization is a major source of ethylene oxide relative to other are source categories considered for listing.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    04/00/05

    Final Action

    04/00/06

    Regulatory Flexibility Analysis Required: Undetermined

    Small Entities Affected: Businesses

    Government Levels Affected: None

    Additional Information: SAN 4859.

    Agency Contact: David Markwordt, Environmental Protection Agency, Air and Radiation, C435-B, Washington, DC 20460

    Page 38202

    Phone: 919-541-0837

    Fax: 919 541-0942

    Email: markwordt.david@epamail.epa.gov

    RIN: 2060-AM14

    3120. [bullet][ls-thn-eq] 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

    07/30/04

    Final Action

    To Be

    Determined

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: Businesses

    Government Levels Affected: None

    Additional Information: SAN 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

    3121. [bullet][ls-thn-eq] CONTROL OF AIR POLLUTION FROM NEW MOTOR

    VEHICLES: IN-USE, NOT-TO-EXCEED EMISSION STANDARD TESTING FOR HEAVY-DUTY

    DIESEL ENGINES AND VEHICLES

    Priority: Substantive, Nonsignificant

    Legal Authority: 42 USC 7401 et seq

    CFR Citation: 40 CFR 86; 40 CFR 1065

    Legal Deadline: NPRM, Judicial, June 3, 2004, Lawsuit settlement agreement regarding not-to-exceed (NTE) emission standards, engine manufacturers vs. EPA.

    Final, Judicial, May 1, 2005, Lawsuit settlement agreement regarding not-to-exceed (NTE) emission standards, engine manufacturers vs. EPA.

    Abstract: EPA and the Engine Manufacturers Association reached a lawsuit settlement agreement that will result in a manufacturer-run, in-use emissions testing program for heavy-duty diesel trucks.

    Manufacturers will monitor compliance with certain emission standards, called the Not-to-Exceed (NTE) standards, by testing in-use diesel engines during normal vehicle operation using portable emission measurement systems for the first time.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    06/00/04

    Final Action

    06/00/05

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Additional Information: SAN 4845.

    Agency Contact: Rich Wilcox, Environmental Protection Agency, Air and

    Radiation, 1200 Pennsylvania Ave, Washington, DC 20460

    Phone: 734-214-4390

    Email: wilcox.rich@epamail.epa.gov

    Rick Gezelle, Environmental Protection Agency, Air and Radiation, 1200

    Pennsylvania Ave, Washington, DC 20460

    Phone: 202-343-9267

    Email: gezelle.rick@epamail.epa.gov

    RIN: 2060-AM17

    3122. [bullet][ls-thn-eq] PETITION TO DELIST A HAZARDOUS AIR POLLUTANT

    FROM SECTION 112 OF THE CLEAN AIR ACT: METHYL ISOBUTYL KETONE (MIBK)

    Priority: Substantive, Nonsignificant

    Legal Authority: 42 USC 7412

    CFR Citation: 40 CFR 63

    Legal Deadline: None

    Abstract: The Ketones Panel of the American Chemistry Council (ACC) has petitioned the Agency to remove methyl isobutyl ketone (MIBK) from the

    Clean Air Act (CAA) hazardous air pollutant (HAP) list. The ACC originally submitted the petition in April of 1997. EPA suspended review of the petition pending the completion of 2-generation reproductive effects study. The study is now complete. On October 17, 2003, the ACC submitted an addendum to the 1997 petition which includes: the results of the 2-generationreproductive effects study, a presentation of the updated EPA IRIS file for MIBK, updated air dispersion modeling and an analysis of potential transformation products. Based on this new submission, the ACC requests that EPA reopen its review of the MIBK petition.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    04/00/05

    Final Action

    04/00/06

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Additional Information: SAN 4849.

    Agency Contact: Mark Morris, Environmental Protection Agency, Air and

    Radiation, C404-01, Washington, DC 20460

    Phone: 919-541-5416

    Fax: 919 541-0840

    Email: morris.mark@epamail.epa.gov

    Dave Guinnup, Environmental Protection Agency, Air and Radiation, C404- 01, Washington, DC 20460

    Phone: 919-541-5368

    Fax: 919 541-0840

    Email: guinnup.dave@epamail.epa.gov

    RIN: 2060-AM20

    Page 38203

    3123. [bullet][ls-thn-eq] AMENDMENTS TO VEHICLE INSPECTION AND

    MAINTENANCE PROGRAM REQUIREMENTS TO ADDRESS NEW 8-HOUR OZONE STANDARD

    Priority: Substantive, Nonsignificant

    Legal Authority: 42 USC 7401

    CFR Citation: 40 CFR 51

    Legal Deadline: None

    Abstract: We propose to amend the current vehicle inspection and maintenance (I/M) rule to establish deadlines for areas newly required to begin I/M testing as a result of their classification under the 8 hour ozone standard. Specifically, the amendments will address: the deadline for submitting I/M State Implementation Plans (SIPs) for those new areas; the deadline for the new program start-up; and the model year coverage and evaluation timeframes associated with new programs that willl potentially be required as part of EPA's implementation of the 8-hour ozone standard.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    10/00/04

    Final Action

    10/00/05

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: State

    Additional Information: SAN 4854.

    Agency Contact: Dave Sosnowski, Environmental Protection Agency, Air and Radiation, 1200 Pennsylvania Ave, Washington, DC 20460

    Phone: 734-214-4823

    Fax: 734 214-4906

    Email: sosnowski.dave@epamail.epa.gov

    Joe Pedelty, Environmental Protection Agency, Air and Radiation, 1200

    Pennsylvania Ave, Washington, DC 20460

    Phone: 734-214-4410

    Email: pedelty.joe@epamail.epa.gov

    RIN: 2060-AM21

    3124. [bullet][ls-thn-eq] NESHAP: HYDROCHLORIC ACID PRODUCTION AMENDMENTS

    Priority: Substantive, Nonsignificant

    Legal Authority: 42 USC 7401et seq

    CFR Citation: 40 CFR 63 (Revision)

    Legal Deadline: None

    Abstract: On April 17, 2003, EPA promulgated national emission standards for hazardous air pollutants (NESHAP) for the Hydrochloric

    Acid Production industry. Subsequent to promulgation, EPA received a number of concerns and issues from the industry related to technical corrections, definitions, and applicability matters. The EPA is amenable to making many of the suggested corrections but believe that proposal of the changes is necessary. In addition, the OSWER would like to include the storage and transfer operations at sources subject to their HCl production rule to the subpart NNNNN rule which would also require proposal. The amendments are expected to have little or no impact on the plants now covered by the HCl production rule. No adverse economic impacts are expected. the total nationwide capital and annual costs associated with the amendments are negligible. No price impacts are projected. No significant impacts on a substantial number of small entities are expected.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    07/00/04

    Regulatory Flexibility Analysis Required: Undetermined

    Government Levels Affected: None

    Additional Information: SAN 4867.

    Agency Contact: Bill Maxwell, Environmental Protection Agency, Air and

    Radiation, C439-01, Washington, DC 20460

    Phone: 919-541-5430

    Fax: 919 541-5450

    Email: maxwell.bill@epamail.epa.gov

    RobertJ Wayland, Environmental Protection Agency, Air and Radiation,

    C439-01, Washington, DC 20460

    Phone: 919-541-1045

    Fax: 919 541-5450

    Email: wayland.robertj@epamail.epa.gov

    RIN: 2060-AM25

    3125. [bullet][ls-thn-eq] 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

    09/00/04

    Final Action

    06/00/06

    Regulatory Flexibility Analysis Required: Undetermined

    Government Levels Affected: Undetermined

    Additional Information: SAN 4865.

    Agency Contact: Bill Schrock, Environmental Protection Agency, Air and

    Radiation, C504-04, Washington, DC 20460

    Phone: 919-541-5032

    Email: schrock.bill@epamail.epa.gov

    Randy Waite, Environmental Protection Agency, Air and Radiation, C540- 04, Research Triangle Park, NC 27711

    Phone: 919-541-5447

    Fax: 919-541-3470

    Email: waite.randy@epa.gov

    RIN: 2060-AM26

    3126. [bullet][ls-thn-eq] REQUIREMENTS FOR TRANSMIX PROCESSING AND

    BLENDING UNDER THE REFORMULATED GASOLINE AND GASOLINE SULFUR RULES

    Priority: Substantive, Nonsignificant

    Legal Authority: 42 USC 7545(c); 42 USC 7545(k)

    CFR Citation: 40 CFR 80

    Legal Deadline: None

    Page 38204

    Abstract: This rule codifies existing guidance for transmix processors and blenders in the Reformulated Gasoline regulations. Transmix is a mixture of gasoline and distillate produced by pipelines - transmix processors distill the transmix into separate gasoline and distillate products, and transmix blenders blend small amounts of transmix into gasoline. The rule also establishes gasoline sulfur standards for transmix processors and blenders that are consistent with the sulfur standards for other entities downstream of refineries, such as pipelines and terminals, in the gasoline distribution system. The rule will provide operational flexibility for transmix processors and blenders without causing any adverse environmental impacts.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    06/00/04

    Final Action

    03/00/05

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Additional Information: SAN 4853.

    Agency Contact: Chris McKenna, Environmental Protection Agency, Air and

    Radiation, 1200 Pennsylvania Ave, Washington, DC 20460

    Phone: 202-343-9037

    Fax: 240 363-8260

    Email: mckenna.chris@epamail.epa.gov

    RIN: 2060-AM27

    3127. [bullet][ls-thn-eq] NESHAP: SITE REMEDIATION; AMENDMENTS

    Priority: Routine and Frequent

    Legal Authority: 42 USC 7412

    CFR Citation: 40 CFR 63

    Legal Deadline: None

    Abstract: The Site Remediation regulation was promulgated on October 8, 2003. This action is intended to revise language in the final rule to correct errors or language that doesn't reflect our intent.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    08/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Additional Information: SAN 4866.

    Agency Contact: Greg Nizich, Environmental Protection Agency, Air and

    Radiation, C439-04, Washington, DC 20460

    Phone: 919-541-3078

    Fax: 919 541-0246

    Email: nizich.greg@epamail.epa.gov

    Kent Hustvedt, Environmental Protection Agency, Air and Radiation,

    C439-04, Research Triangle Park, NC 27711

    Phone: 919-541-5395

    Fax: 919 541-0246

    Email: hustvedt.ken@epamail.epa.gov

    RIN: 2060-AM30

    3128. [bullet][ls-thn-eq] EXEMPTION OF AREA SOURCES FROM TITLE V

    OPERATING PERMIT PROGRAM

    Priority: Other Significant

    Legal Authority: Clean Air Act sec 502

    CFR Citation: 40 CFR 70

    Legal Deadline: None

    Abstract: This action would implement the Agency's decision on whether to require title V permits for six area (nonmajor) sources subject to air toxic requirements under Clean Air Act. The affected source categories are: dry cleaners, halogenated solvent degreasers, chrome plating, ethylene oxide sterilizers, secondary lead, and secondary aluminum. Under the Act, these sources are subject to operating permit programs; however, EPA may exempt them from such programs if it finds that permitting would be impracticable, infeasible or unnecessarily burdensome on the sources. This action makes these findings for all categories except secondary lead and presents them for public comment.

    Secondary lead would remain subject to permitting because it few area sources are affected and most have already been permitted.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    11/00/04

    Final Action

    08/00/05

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: Federal, Local, State, Tribal

    Additional Information: SAN 4868.

    Agency Contact: Ray Vogel, Environmental Protection Agency, Air and

    Radiation, C304-03, Washington, DC 20460

    Phone: 919-541-3153

    Fax: 919 541-5509

    Email: vogel.ray@epamail.epa.gov

    RIN: 2060-AM31

    3129. [bullet][ls-thn-eq] CONTROL OF AIR POLLUTION FROM NEW MOTOR

    VEHICLES AND NEW MOTOR VEHICLE ENGINES: AMENDMENTS TO EVAPORATIVE

    EMISSIONS REGULATIONS AND TECHNICAL AMENDMENTS

    Priority: Substantive, Nonsignificant

    Legal Authority: 42 USC 7401

    CFR Citation: 40 CFR 9; 40 CFR 86

    Legal Deadline: None

    Abstract: This action includes technical amendments to several portions of certification requirements and test procedures applicable to light- duty vehicles, light duty trucks, and heavy-duty vehicles. These amendments include minor revisions to clarify regulations. These amendments also include revisions to the evaporative compliance procedures, which are intended to reduce the certification burden associated with conducting 2-day, 3-day, and ORVR procedures without affecting the level of stringency, ref. EPA guidance letter CCD-02-20,

    December 31, 2002; (Subject: Request for Comments on Potential

    Evaporative Regulation Changes; Evaporative Guidance for Certification and In-use Testing).

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    12/00/04

    Direct Final Action

    12/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Additional Information: SAN 4880.

    Agency Contact: Julia Rege, Environmental Protection Agency, Air and

    Radiation, 1200 Pennsylvania Ave, Washington, DC 20460

    Phone: 734-214-4614

    Fax: 734 214-4053

    Email: rege.julia@epamail.epa.gov

    Lynn Sohacki, Environmental Protection Agency, Air and Radiation,

    Page 38205

    1200 Pennsylvania Ave, Washington, DC 20460

    Phone: 734-214-4851

    Fax: 734 214-4053

    Email: sohacki.lynn@epamail.epa.gov

    RIN: 2060-AM32

    3130. [bullet][ls-thn-eq] PREVENTION OF SIGNIFICANT DETERIORATION FOR

    NITROGEN OXIDES

    Priority: Other Significant

    Legal Authority: Not Yet Determined

    CFR Citation: None

    Legal Deadline: NPRM, Judicial, September 30, 2004.

    Final, Judicial, September 30, 2005.

    Abstract: Section 166 of the Clean Air Act authorizes the Environmental

    Protection Agency to establish regulations to prevent significant deterioration of air quality due to emissions of nitrogen oxides. On

    October 17, 1988, EPA promulgated regulations which included maximum allowable increases in ambient nitrogen dioxide concentrations (NO2 increments) allowed in an area above the baseline concentration.

    Following promulgation, the Environmental Defense (formerly the

    Environmental Defense Fund) filed a petition asking the Court to order

    EPA to remand the regulations and to impose an immediate deadline of two years for promulgating new regulations. In 1990, the Court did not impose a deadline but remanded the case for EPA to develop an interpretation of Section 166 that considered the statutory provisions contained in subsections (c) and (d), and if necessary to take new evidence and modify the regulations. In July 2003, Earthjustice, on behalf of Environment Defense, asked the Court to put EPAon an enforceable schedule to issue new regulations under the original court remand. Consequently, EPA agreed to a two-year schedule for promulgating such regulations by September 30, 2005. At a minimum, the regulations will provide EPA's interpretation of the statutory requirements for developing adequate increments to prevent significant deterioration for nitrogen oxides. Based on our interpretation, we will consider the need for revising the existing increments for nitrogen dioxide, including both an annual and short-term averaging period, and the regulation of other nitrogen oxide compounds other than nitrogen dioxide.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    09/00/04

    Final Action

    09/00/05

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: Federal, Local, State, Tribal

    Federalism: Undetermined

    Additional Information: SAN 4881.

    Agency Contact: Dan Deroeck, Environmental Protection Agency, Air and

    Radiation, C339-03, Washington, DC 20460

    Phone: 919-541-5593

    Fax: 919 541-5509

    Email: deroeck.dan@epamail.epa.gov

    RIN: 2060-AM33

    3131. [bullet][ls-thn-eq] CONTROL OF EMISSIONS FROM SPARK-IGNITION

    ENGINES AND FUEL SYSTEMS FROM MARINE VESSELS AND SMALL EQUIPMENT

    Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined.

    Legal Authority: 42 USC 7521 to 7601(a)

    CFR Citation: 40 CFR 90

    Legal Deadline: NPRM, Statutory, December 1, 2004.

    Final, Statutory, December 31, 2005.

    Abstract: In this action, we are proposing exhaust emission standards for spark-ignition marine engines and small land-based engines (

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    12/00/04

    Final Action

    12/00/05

    Regulatory Flexibility Analysis Required: Undetermined

    Government Levels Affected: None

    Additional Information: SAN 4882.

    Agency Contact: Glenn Passavant, Environmental Protection Agency, Air and Radiation, 1200 Pennsylvania Ave, Washington, DC 20460

    Phone: 734-214-4408

    Email: passavant.glenn@epamail.epa.gov

    RIN: 2060-AM34

    3132. [bullet][ls-thn-eq] TEST PROCEDURES FOR HIGHWAY AND NONROAD ENGINES

    Priority: Substantive, Nonsignificant

    Legal Authority: 42 USC 7401 to 7671q

    CFR Citation: 40 CFR 1065

    Legal Deadline: None

    Abstract: This regulation aims to harmonize test procedures from the various EPA programs for controlling engine emissions. It will not address emission standards, nor will it lead to additional emission reductions. Rather, it will amend 40 CFR part 1065, which contains laboratory specifications for equipment and test fuels, instructions for preparing engines and running tests, calculations for determining final emission levels from measured values, and instructions for running emission tests using portable measurement devices outside the laboratory. This action is needed because EPA has historically drafted a full set of testing specifications for each vehicle or engine category subject to emission standards as each program was developed over the past three decades. This patchwork approach has led to some variation in test parameters across programs, which we hope to address by adopting a common set of test requirements. The primary goal of this effort is to create unified testing requirements for all engines, which when implemented will streamline laboratory efforts for EPA and industry. This action will also include other technical changes intended to clarify and better define requirements, which in some cases will increase manufacturers' flexibility and decrease burden.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    07/00/04

    Final Action

    07/00/05

    Page 38206

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Additional Information: SAN 4883.

    Agency Contact: Glenn Passavant, Environmental Protection Agency, Air and Radiation, 1200 Pennsylvania Ave, Washington, DC 20460

    Phone: 734-214-4408

    Email: passavant.glenn@epamail.epa.gov

    RIN: 2060-AM35

    3133. [bullet][ls-thn-eq] NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR

    POLLUTANTS: MISCELLANEOUS ORGANIC CHEMICAL MANUFACTURING; AMENDMENTS

    Priority: Substantive, Nonsignificant

    Legal Authority: 42 USC 7412

    CFR Citation: 40 CFR 63

    Legal Deadline: None

    Abstract: The final rule was published on November 10, 2003. Several parties petitioned the rule and this action will address issues raised by the petitioners.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    09/00/04

    Final Action

    03/00/05

    Regulatory Flexibility Analysis Required: No

    Government Levels Affected: None

    Additional Information: SAN 4891.

    Agency Contact: Randy McDonald, Environmental Protection Agency, Air and Radiation, C504-04, Research Triangle Park, NC 27711

    Phone: 919-541-5402

    Email: mcdonald.randy@epa.gov

    Randy Waite, Environmental Protection Agency, Air and Radiation, C540- 04, Research Triangle Park, NC 27711

    Phone: 919-541-5447

    Fax: 919-541-3470

    Email: waite.randy@epa.gov

    RIN: 2060-AM43

    3134. [bullet][ls-thn-eq] FLEXIBLE AIR PERMIT RULE

    Priority: Substantive, Nonsignificant

    Legal Authority: Clean Air Act title V

    CFR Citation: 40 CFR 70

    Legal Deadline: None

    Abstract: EPA is conducting a flexible permits rulemaking based on what it has learned from its experiences with flexible permitting over the past decade. The term ``flexible permit'' is used to describe air permits with conditions designed to reduce the administrative

    ``friction''--costs, time, delay, uncertainty, and risk--experienced by sources and permitting authorities when implementing a permit or making changes under the permit. This is accomplished by allowing a source to make certain types of advanced approved changes (e.g., modifications to a source's method of operation, equipment, raw materials, emission factors, monitoring parameters, and/or the addition of new equipment capacity) without requiring additional permitting or approval, provided the source meets certain criteria outlined in its operating and relevant construction permits. Such criteria might include the maintenance of plant-wide emissions levels below enforceable caps and application of certain control approaches. Over thepast decade, the EPA and State and local permitting authorities have piloted specific permitting techniques and tools to accomplish advance-approval for certain types of changes that might take place over the course of a permit term. While chosen solutions will depend on individual State permitting rules and requirements, such techniques typically include: descriptions of advance-approved changes or categories of changes in the permit; procedures for testing pollution control device performanceand updating emission factors or parameter values without requiring the permit to be amended or reopened; elimination of redundant requirements by applying the most stringent applicable requirement; provisions to explicitly encourage pollution prevention; and one or more emission caps to safeguard relevant ambient standards and increments.

    Flexible permitting has the potential to benefit a wide variety of types of facilities that are regulated under the Clean Air Act's title

    V operating permits program. Among the benefits flexible permits are anticipated to provide are: improved knowledge of a facility's emissions for the entire site and of its compliance status; improved public understanding of a facility's activities over an extended period, (each proposed advance approval must describe the type and magnitude of the potential emissions increases that can occur); a better perspective of the type and amount of planned growth at a facility, at a time when public comment can influence the direction of the proposed changes; increased environmental protection from the use of emission caps, which limit future emissions increases and, in some cases, reduce overall emissions; and increased use of better add-on control devices and/or pollution prevention practices, which allow industry flexibility to adjust their processes as necessary to remain under an emissions cap.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    08/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: Undetermined

    Additional Information: SAN 4885.

    Agency Contact: Chad Carbone, Environmental Protection Agency, Air and

    Radiation, 1807 T, Washington, DC 20460

    Phone: 202-566-2178

    Fax: 202 566-2211

    Email: carbone.chad@epamail.epa.gov

    Anna Wood, Environmental Protection Agency, Air and Radiation, 6103A,

    Washington, DC 20460

    Phone: 202-564-1664

    Fax: 202 564-1554

    Email: wood.anna@epamail.epa.gov

    RIN: 2060-AM45

    3135. [bullet][ls-thn-eq] NATIONAL VOLATILE ORGANIC COMPOUND EMISSION

    STANDARDS FOR ARCHITECTURAL COATINGS; AMENDMENTS

    Priority: Substantive, Nonsignificant

    Legal Authority: Clean Air Act

    CFR Citation: 40 CFR 59 subpart D

    Legal Deadline: None

    Abstract: This action would amend the national volatile organic compound emission standards for architectural coatings by adding new coating categories for certain coating chemistries which did not exist when the original rule was promulgated. We are reviewing new data from one architectural coating manufacturer and

    Page 38207

    after this review, we will determine if these amendments are necessary.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    01/00/05

    Regulatory Flexibility Analysis Required: Undetermined

    Small Entities Affected: Businesses

    Government Levels Affected: None

    Additional Information: SAN 4905.

    Agency Contact: David 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@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-AM47

    3136. [bullet][ls-thn-eq] CONTROL OF ULTRA LOW SULFUR DIESEL FUEL

    LUBRICITY

    Priority: Substantive, Nonsignificant

    Legal Authority: 42 USC 7401 to 7671q

    CFR Citation: 40 CFR 86

    Legal Deadline: None

    Abstract: This action proposes to establish a new lubricity quality requirement for ultra low sulfur diesel fuel used in diesel engines.

    This requirement will seek to eliminate the incidence of emissions non- compliance due to premature wear of fuel injection equipment caused by inadequate fuel lubricity levels.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    12/00/04

    FRM

    12/00/05

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: Businesses

    Government Levels Affected: None

    Additional Information: SAN 4899.

    Agency Contact: Chris Laroo, Environmental Protection Agency, Air and

    Radiation, 1200 Pennsylvania Ave, Washington, DC 20460

    Phone: 734-214-4937

    Fax: 734 214-4055

    Email: laroo.chris@epamail.epa.gov

    RIN: 2060-AM48

    3137. [bullet][ls-thn-eq] PROTECTION OF STRATOSPHERIC OZONE; REFRIGERANT

    RECYCLING; CERTIFICATION OF RECOVERY AND RECOVERY/RECYCLING EQUIPMENT

    INTENDED FOR USE WITH SUBSTITUTE REFRIGERANTS

    Priority: Substantive, Nonsignificant

    Legal Authority: Clean Air Act

    CFR Citation: None

    Legal Deadline: None

    Abstract: EPA is amending the rule on refrigerant recycling equipment intended for use with Substitute Refrigerants: EPA is amending the rule on refrigerant recycling, promulgated under section 608 of the Clean

    Air Act, to clarify how the requirements of section 608 extend to refrigerant recovery and/or recycling equipment intended for use with substitutes for CFC and HCFC refrigerants.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    11/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Additional Information: SAN 4916.

    Agency Contact: Nancy Smagin, Environmental Protection Agency, Air and

    Radiation, 6205J, Washington, DC 20460

    Phone: 202-343-9126

    Fax: 202 343-2338

    Email: smagin.nancy@epamail.epa.gov

    RIN: 2060-AM49

    3138. [bullet][ls-thn-eq] PROTECTION OF STRATOSPHERIC OZONE: ALLOCATION

    OF ESSENTIAL USE ALLOWANCES FOR CALENDAR YEAR 2005

    Priority: Substantive, Nonsignificant

    Legal Authority: 42 USC 7414; 42 USC 7601; 42 USC 7671 to 7671q

    CFR Citation: 40 CFR 82.4(n)

    Legal Deadline: None

    Abstract: This rule will allocate essential use allowance for import and production of class I stratospheric ozone depleting substances

    (ODSs) for calendar year 2005. Essential use allowances enable a person to obtain controlled class I ODSs as an exemption to the regulatory ban on production and import of these chemicals, which became effective on

    January 1, 1996. EPA allocates essential use allowances for exempted production or import of a specific quantity of class I ODSs solely for use in medically essential asthma inhalers.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    08/00/04

    Final Action

    12/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Additional Information: SAN 4893.

    Agency Contact: Scott Monroe, Environmental Protection Agency, Air and

    Radiation, 6205J, Washington, DC 20460

    Phone: 202-343-9712

    Fax: 202 343-2338

    Email: monroe.scott@epamail.epa.gov

    RIN: 2060-AM50

    3139. [bullet][ls-thn-eq] PROTECTION OF STRATOSPHERIC OZONE:

    MODIFICATIONS TO THE TECHNICIAN CERTIFICATION REQUIREMENTS UNDER SECTION 608 OF THE CLEAN AIR ACT

    Priority: Substantive, Nonsignificant

    Legal Authority: 42 USC 7414, 7601, 7671 to 7671q

    CFR Citation: 40 CFR 82

    Legal Deadline: None

    Abstract: EPA is amending appendix D to subpart F of 40 CFR part 82-

    Standards for Becoming a Certifying Program for Technicians. The

    Refrigerant Recycling Regulations governing standards for certifying programs for technicians were promulgated under section 608 of the

    Clean Air Act Amendments of 1990 (May 1994; 59 FR 28660). These regulations were amended in November 9, 1994 (59 FR 559120) to clarify the scope of the technician certification requirements and to provide a limited exemption from certification requirements for apprentices.

    Today's

    Page 38208

    amendment to the regulation will provide specific requirements for programs applying to become certifying organizations, will specify reporting and recordkeeping requirements in order to enhance implementation of the program, and will define other administrative components of the program to improve accountability.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    01/00/05

    Final Action

    01/00/06

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: Businesses

    Government Levels Affected: None

    Additional Information: SAN 4901.

    Agency Contact: Nancy Smagin, Environmental Protection Agency, Air and

    Radiation, 6205J, Washington, DC 20460

    Phone: 202-343-9126

    Fax: 202 343-2338

    Email: smagin.nancy@epamail.epa.gov

    RIN: 2060-AM55

    3140. [bullet][ls-thn-eq] PROTECTION OF STRATOSPHERIC OZONE: EXTENSION OF

    THE LABORATORY AND ANALYTICAL USE EXEMPTION FOR ESSENTIAL CLASS I OZONE

    DEPLETING SUBSTANCES

    Priority: Substantive, Nonsignificant

    Legal Authority: 42 USC 7414; 42 USC 7601; 42 USC 7671 to 7671q

    CFR Citation: 40 CFR 82

    Legal Deadline: None

    Abstract: This rule extends the period of applicability of an existing exemption to the ban on import and production of class I ozone depleting substances (ODSs), authorized by the Montreal Protocol on

    Substances that Deplete the Ozone Layer and consistent with the Clean

    Air Act Amendments. The exemption applies to production and import of

    ODSs for essential laboratory and analytical uses as defined by the

    Montreal Protocol. The Montreal Protocol has permitted this exemption since 1994. At the 2003 Meeting of the Parties, the Parties took

    Decision XV/8, which extended the period of the exemption through

    December 31, 2007. EPA is updating its regulations to incorporate

    Decision XV/8. The rule also proposes to make typographical changes to its regulations for the essential use program. Earlier rules published by EPA shifted the paragraph order but did not update all of the references to deleted paragraphs.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    07/00/04

    Final Action

    12/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Additional Information: SAN 4894.

    Agency Contact: Scott Monroe, Environmental Protection Agency, Air and

    Radiation, 6205J, Washington, DC 20460

    Phone: 202-343-9712

    Fax: 202 343-2338

    Email: monroe.scott@epamail.epa.gov

    RIN: 2060-AM56

    Environmental Protection Agency (EPA)

    Final Rule Stage

    Clean Air Act (CAA)

    3141. SOURCE-SPECIFIC FEDERAL IMPLEMENTATION PLAN FOR NAVAJO GENERATING

    STATION; NAVAJO NATION

    Priority: Substantive, Nonsignificant

    Legal Authority: Not Yet Determined

    CFR Citation: 49 CFR 123

    Legal Deadline: None

    Abstract: EPA proposes to federalize standards from the Arizona and New

    Mexico State Implementation Plans (SIPS) applicable to the Navajo generating station. Where necessary, EPA's proposed emission standards modify the standards extracted from the States' regulatory programs to ensure comprehensive emission control and Federal consistency.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    09/08/99

    64 FR 48725

    Notice

    01/26/00

    65 FR 4244

    Reproposal

    03/00/05

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Additional Information: SAN 4315. Formerly listed as RIN 2060-AI79

    Agency Contact: Doug McDaniel, Environmental Protection Agency,

    Regional Office San Francisco, AIR5, Washington, DC 20460

    Phone: 415-947-4106

    Fax: 415-947-3579

    Email: mcdaniel.doug@epamail.epa.gov

    Colleen McKaughan, Environmental Protection Agency, Regional Office San

    Francisco, AIR1, Washington, DC 20460

    Phone: 520-498-0118

    Fax: 520-498-1333

    Email: mckaughan.colleen@epamail.epa.gov

    RIN: 2009-AA00

    3142. SOURCE-SPECIFIC FEDERAL IMPLEMENTATION PLAN FOR NAVAJO GENERATING

    STATION; FOUR CORNERS POWER PLANT

    Priority: Other Significant

    Legal Authority: 42 USC 1740

    CFR Citation: 40 CFR 60

    Legal Deadline: None

    Abstract: EPA proposes to federalize standards from the Arizona and New

    Mexico State Implementation Plans (SIPS) applicable to the Four Corners

    Plant, respectively. Where necessary, EPA's proposed emission standards modify the standards extracted from the States' regulatory programs to ensure comprehensive emission control and Federal consistency.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    09/08/99

    64 FR 48731

    Reproposal

    03/00/05

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Page 38209

    Government Levels Affected: None

    Federalism: Undetermined

    Additional Information: SAN 3569. NPRM- http://www.epa.gov/fedrgstr/

    EPA-; AIR/1999/September/Day-08 /a23277.htm.; Formerly listed as RIN 2060-AF42

    Agency Contact: Doug McDaniel, Environmental Protection Agency,

    Regional Office San Francisco, AIR5, Washington, DC 20460

    Phone: 415-947-4106

    Fax: 415-947-3579

    Email: mcdaniel.doug@epamail.epa.gov

    Colleen McKaughan, Environmental Protection Agency, Regional Office San

    Francisco, AIR1, Washington, DC 20460

    Phone: 520-498-0118

    Fax: 520-498-1333

    Email: mckaughan.colleen@epamail.epa.gov

    RIN: 2009-AA01

    3143. AMENDMENT TO SUBPARTS H AND I FOR EMISSIONS OF RADIONUCLIDES OTHER

    THAN RADON FROM DOE FACILITIES

    Priority: Substantive, Nonsignificant

    Legal Authority: PL 95-95; ``CAAA 112(g) or (q)''

    CFR Citation: 40 CFR 61

    Legal Deadline: None

    Abstract: Subparts H and I of 40 CFR Part 61 establish standards under the Clean Air Act for emissions of radionuclides other than radon from

    Department of Energy (DOE) and other non-DOE federal facilities. Under subparts H and I, regulated entities currently determine compliance with the emission standards by utilizing the approved computer models

    CAP88 and AIRDOS-PC or any other procedures for which EPA has granted prior approval. Since promulgation of Subparts H and I, EPA has developed an additional model, GENII-NESHAPS, which is suitable for regulated entities to use to determine compliance, in addition to the currently-approved models mentioned above. The model was developed to incorporate the internal dosimetry models recommended by the

    International Commission on Radiological Protection (ICRP) and the radiological risk estimating procedures of Federal Guidance Report 13 into updated versions of existing environmental pathway analysis models. The model was developed under the direction of OAR's Office of

    Radiation and Indoor Air, in consultation with OAR's Office of Air

    Quality Planning and Standards (OAQPS). Also, GENII-NESHAPs has undergone Science Advisory Board (SAB) review. In this direct final rule, EPA is updating Subparts H and I to include GENII-NESHAPS as an approved compliance model.

    Timetable:

    Action

    Date

    FR Cite

    Direct Final Rule

    12/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: Federal, State, Local

    Additional Information: SAN 4768.

    Agency Contact: Eleanord Thornton, Environmental Protection Agency, Air and Radiation, 6608J, Washington, DC 20460

    Phone: 202-343-9773

    Fax: 202 343-2065

    Email: thornton.eleanord@epamail.epa.gov

    RIN: 2060-AK81

    3144. REVISION TO THE GUIDELINE ON AIR QUALITY MODELS (APPENDIX W TO 40

    CFR PART 51): ADOPTION OF A PREFERRED GENERAL PURPOSE (FLAT AND COMPLEX

    TERRAIN) DISPERSION MODEL AND OTHER REVISIONS

    Priority: Substantive, Nonsignificant

    Legal Authority: 42 USC 7410 ``CAAA 110(a)(2)''; ``CAAA 165(e)'';

    ``CAAA 172(a)''; ``CAAA 172(c)''; 42 USC 7601 ``CAAA 301(a)(1)'';

    ``CAAA 320''

    CFR Citation: 40 CFR 51.112; 40 CFR 51.160; 40 CFR 51.166; 40 CFR 52.21

    Legal Deadline: None

    Abstract: This action would revise the Guideline on Air Quality Models, published as appendix W to 40 CFR part 51. The Guideline provides EPA- recommended models for use in predicting ambient concentrations of pollutants for programs ranging from Prevention of Significant

    Deterioration (PSD) to State Implementation Plans (SIPs) for controlling air pollution sources. The Guideline fulfills a Clean Air

    Act mandate for EPA to specify models for air management purposes. This revision would enhance the Guideline by incorporating a new, general- purpose dispersion model called AERMOD, which would replace the existing Industrial Source Complex (ISC3) model in many air-quality assessments, including those involving complex terrain. An earlier version of the AERMOD revision was previously proposed (65 FR 21505, 4/ 21/2000; see SAN 3470), but not promulgated. We are re-proposing it to reflect changes made in response to public comment we received on the

    April 2000 proposal.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    04/21/00

    65 FR 21505

    Notice of Data Availability

    09/08/03

    68 FR 52934

    Final Action

    06/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: Federal, Local, State, Tribal

    Additional Information: SAN 3470.1.

    Split from RIN 2060-AF01.

    Agency Contact: Tom Coulter, Environmental Protection Agency, Air and

    Radiation, C302-02, Research Triangle Park, NC 27711

    Phone: 919-541-0832

    Email: coulter.tom@epamail.epa.gov

    Mark Evangelista, Environmental Protection Agency, Air and Radiation,

    D243, Research Triangle Park, NC 27711

    Phone: 919-541-2803

    Email: evangelista.mark@epamail.epa.gov

    RIN: 2060-AK60

    3145. NESHAP: RECIPROCATING INTERNAL COMBUSTION ENGINE

    Priority: Economically Significant. Major under 5 USC 801.

    Unfunded Mandates: This action may affect the private sector under PL 104-4.

    Legal Authority: 42 USC 7412 ``CAA 112''; PL 101-549

    CFR Citation: 40 CFR 63

    Legal Deadline: Final, Statutory, November 15, 2000, -.

    Final, Judicial, February 27, 2004, consent decree.

    Page 38210

    Abstract: The stationary reciprocating internal combustion engine source category is listed as a major source of hazardous air pollutants

    (HAPs) under section 112 of the Clean Air Act (CAA). A major source is one which emits more than 10 tons/yr of one HAP or more than 25 tons/yr of a combination of 189 HAPs. The reciprocating internal combustion engine (RICE) MACT was published in the Federal Register on December 19, 2002. A public hearing was held on January 21, 2003 and the public comment period closed on February 18, 2003. Comments and data received during the comment period are being evaluated. The anticipated date of the final RICE rule being signed by the Administrator is February 27, 2004.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    12/19/02

    67 FR 77830

    Final Action

    06/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: Businesses

    Government Levels Affected: State, Local

    Additional Information: SAN 3656.

    Agency Contact: Sims Roy, Environmental Protection Agency, Air and

    Radiation, C439-01, Research Triangle Park, NC 27711

    Phone: 919-541-5263

    Fax: 919 541-5450

    Email: roy.sims@epamail.epa.gov

    RobertJ Wayland, Environmental Protection Agency, Air and Radiation,

    C439-01, Washington, DC 20460

    Phone: 919-541-1045

    Fax: 919 541-5450

    Email: wayland.robertj@epamail.epa.gov

    RIN: 2060-AG63

    3146. NESHAP: INDUSTRIAL, COMMERCIAL AND INSTITUTIONAL BOILERS AND

    PROCESS HEATERS

    Priority: Economically Significant. Major under 5 USC 801.

    Unfunded Mandates: This action may affect the private sector under PL 104-4.

    Legal Authority: 42 USC 7412

    CFR Citation: 40 CFR 63

    Legal Deadline: Final, Statutory, November 15, 2000, -.

    Final, Judicial, February 27, 2004, consent decree.

    Abstract: The Clean Air Act, as amended in 1990, requires EPA to develop emission standards for sources of hazardous air pollutants

    (HAPs). Industrial boilers, institutional/commercial boilers and process heaters are among the potential source categories to be regulated under section 112 of the CAA. Emissions of HAPs will be addressed by this rulemaking for both new and existing sources. EPA promulgated an NSPS for these source categories in 1987 and 1990. The standards for the NESHAP are to be technology-based and are to require the maximum achievable control technology (MACT) as described in section 112 of the CAA.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    01/13/03

    68 FR 1660

    Final Action

    06/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: Businesses

    Government Levels Affected: Federal, State, Local

    Additional Information: SAN 3837.

    Agency Contact: Jim Eddinger, Environmental Protection Agency, Air and

    Radiation, C439-01, Washington, DC 20460

    Phone: 919-541-5426

    Fax: 919 541-5450

    Email: eddinger.jim@epamail.epa.gov

    Bill Maxwell, Environmental Protection Agency, Air and Radiation, C439- 01, Washington, DC 20460

    Phone: 919-541-5430

    Fax: 919 541-5450

    Email: maxwell.bill@epamail.epa.gov

    RIN: 2060-AG69

    3147. PROT. OF STRAT. OZONE: UPDATE OF THE SUBSTITUTES LIST UNDER (SNAP)

    PROGRAM

    Priority: Other Significant

    Legal Authority: 42 USC 7414; 42 USC 7601; 42 USC 7671(k) ``CAA 612''

    CFR Citation: 40 CFR 82; 40 CFR 9

    Legal Deadline: None

    Abstract: Section 612 of the Clean Air Act requires EPA to identify alternatives to Class I and II ozone depleting substances and to publish lists of acceptable and unacceptable substitutes. Producers of substitutes must notify EPA at least 90 days before alternatives are introduced into interstate commerce. Unlike acceptable alternatives

    (see Notices), substitutes which are deemed by EPA to be unacceptable or acceptable subject to use restrictions must go through notice and comment rulemaking. Substitute lists are updated intermittently depending on the volume of notifications.

    Timetable:

    Action

    Date

    FR Cite

    ANPRM

    01/16/92

    57 FR 1984

    NPRM

    05/12/93

    58 FR 28094

    Final

    03/18/94

    59 FR 13044

    Notice 1

    08/26/94

    59 FR 44240

    NPRM 1

    09/26/94

    59 FR 49108

    Notice 2

    01/13/95

    60 FR 3318

    Final 1

    06/13/95

    60 FR 31092

    Notice 3

    07/28/95

    60 FR 38729

    Notice of Prop Settlement

    09/22/95

    60 FR 49275

    Notice: Denial 1

    09/25/95

    60 FR 49407

    NPRM 2

    10/02/95

    60 FR 51383

    Notice 4

    02/08/96

    61 FR 4736

    Final 2

    05/22/96

    61 FR 25585

    NPRM 3

    05/22/96

    61 FR 25604

    Notice: Denial 2

    09/03/96

    61 FR 51018

    Notice 5

    09/05/96

    61 FR 47012

    Final 3

    10/16/96

    61 FR 54030

    Notice 6

    03/10/97

    62 FR 10700

    NPRM 4

    05/21/97

    62 FR 27874

    Notice 7

    06/03/97

    62 FR 30275

    NPRM 5

    02/03/98

    63 FR 5491

    Notice 8

    02/24/98

    63 FR 9151

    Notice 9

    05/22/98

    63 FR 28251

    Notice: denial 3

    01/21/99

    64 FR 3272

    Interim Final 7

    01/26/99

    64 FR 3861

    Interim Final 8

    01/26/99

    64 FR 3865

    ANPRM 12

    02/18/99

    64 FR 8043

    NPRM 6

    02/18/99

    64 FR 8038

    Final 5

    03/03/99

    64 FR 10373

    ANPRM 12: Correct.

    03/25/99

    64 FR 14417

    NPRM 6: Correct

    03/25/99

    64 FR 14417

    Final 4

    04/28/99

    64 FR 22981

    Notice 10

    06/08/99

    64 FR 30410

    Notice 11

    12/06/99

    64 FR 68039

    Notice 12

    04/11/00

    65 FR 19327

    Final 6

    04/26/00

    65 FR 24387

    Notice 13

    06/19/00

    65 FR 37900

    NPRM 10 Foams

    07/11/00

    65 FR 42653

    Notice 14

    12/18/00

    65 FR 78977

    Correction Notice 14

    03/07/01

    66 FR 13655

    NODA rule 10 foams

    05/23/01

    66 FR 28408

    Notic 15

    05/23/01

    66 FR 28179

    NPRM 9 Rescind Rule

    01/29/02

    67 FR 4222

    Notice 16

    03/22/02

    67 FR 13272

    Final 10 Foams

    07/22/02

    67 FR 47703

    Notice 17

    12/20/02

    67 FR 77927

    Notice 17 Corr

    04/07/03

    68 FR 16728

    Page 38211

    Notice 18

    08/21/03

    68 FR 50533

    NODA for rule 10 Foams (HCFC- 141b)

    03/10/04

    69 FR 11358

    Final 10 Foams (HCFC-141b)

    07/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Additional Information: SAN 3525.

    Agency Contact: Margaret Sheppard, Environmental Protection Agency, Air and Radiation, 6205J, Washington, DC 20460

    Phone: 202-343-9163

    Fax: 202 343-2338

    Email: sheppard.margaret@epamail.epa.gov

    Jeff Cohen, Environmental Protection Agency, Air and Radiation, 6205J,

    Washington, DC 20460

    Phone: 202-343-9005

    Fax: 202-565-2095

    Email: cohen.jeff@epamail.epa.gov

    RIN: 2060-AG12

    3148. AIR QUALITY: REVISION TO DEFINITION OF VOLATILE ORGANIC COMPOUNDS

    - EXCLUSION OF 4 COMPOUNDS

    Priority: Substantive, Nonsignificant

    Legal Authority: 42 USC 7407(d)

    CFR Citation: 40 CFR 51

    Legal Deadline: None

    Abstract: This is a deregulatory action to exclude four compounds from the list of volatile organic compounds (VOCs) on the basis that these compounds make a negligible contribution to tropospheric ozone formation. These four compounds are: 1,1,1,2,2,3,3-heptafluoro-3- methoxy-propane (n-C3F7OCH3; 3-ethoxy-,1,1,2,3,4,4,5,5,6,6,6- dodecafluoro-2- (trifluoromethyl) hexane (known as HFE-7500, HFE-s702,

    T-7145, and L-15381); 1,1,1,2,3,3,3-heptafluoropropane (known as HFC 227ea); and methyl formate (HCOOCH3). These compounds have potential for use as refrigerants, fire suppressants, aerosol propellants, sterilants, blowing agents (used in the manufacture of foamed plastic), and solvents. This action will remove the necessity to control these four compounds as VOCs in State Implementation Plans for attaining the ozone standard.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    09/03/03

    68 FR 52373

    Final Action

    06/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Additional Information: SAN 4683.

    Sectors Affected: 325 Chemical Manufacturing

    Agency Contact: Dave Sanders, Environmental Protection Agency, Air and

    Radiation, C539-02, Washington, DC 20460

    Phone: 919-541-3356

    Fax: 919 541-0824

    Email: sanders.dave@epamail.epa.gov

    William L. Johnson, Environmental Protection Agency, Air and Radiation,

    C539-02, Washington, DC 20460

    Phone: 919 541-5245

    Fax: 919 541-0824

    Email: johnson.williaml@epamail.epa.gov

    RIN: 2060-AK37

    3149. METHODS FOR MEASUREMENT OF VISIBLE EMISSIONS--ADDITION OF METHODS 203A, 203B, AND 203C TO APPENDIX M OF PART 51

    Priority: Substantive, Nonsignificant

    Legal Authority: 42 USC 7401(b)(1); 42 USC 7410; 42 USC 7470 to 7479; 42 USC 7501 to 7508; 42 USC 7601(a)

    CFR Citation: 40 CFR 51

    Legal Deadline: None

    Abstract: This rulemaking adds Test Methods 203A, 203B, and 203C to 40

    CFR part 51, appendix M (entitled Example Test Methods for State

    Implementation Plans). These methods describe procedures for estimating the opacity of visible emissions. States have requested that EPA promulgate these methods so that they can use them in State

    Implementation Plans in enforcing visible emissions regulations from

    Stationary Sources.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    11/22/93

    58 FR 61639

    Final Action

    07/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Additional Information: SAN 2915.

    Agency Contact: Solomon Ricks, Environmental Protection Agency, Air and

    Radiation, D243-02, Research Triangle Park, NC 27711

    Phone: 919-541-5242

    Fax: 919 541-1039

    Email: ricks.solomon@epamail.epa.gov

    Fred Thompson, Environmental Protection Agency, Air and Radiation,

    D243-02, Research Triangle Park, NC 27711

    Phone: 919-541-2707

    Email: thompson.fred@epamail.epa.gov

    RIN: 2060-AF83

    3150. ADDITION OF METHOD 207 TO APPENDIX M OF 40 CFR PART 51 METHOD FOR

    MEASURING ISOCYANATES IN STATIONARY SOURCE EMISSIONS

    Priority: Substantive, Nonsignificant

    Legal Authority: 42 USC 7410

    CFR Citation: 40 CFR 51

    Legal Deadline: None

    Abstract: The Clean Air Act Amendments of 1990 listed certain isocyanate compounds as hazardous air pollutants (HAPs). The Agency does not have any published test methods that would measure air emissions of these isocyanate compounds from stationary sources. This action would add a validated test method to measure isocyanate emissions to appendix M of part 51. Test methods in part 51 can be adopted by any State for use in any regulation that requires the measurement of any of the isocyanate compounds on the HAP list. This action would not impose any new regulatory requirements that do not already exist. It should benefit State governments by providing them with a validated test procedure for measuring the emissions of isocyanate compounds.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    12/08/97

    62 FR 64532

    Final Action

    09/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Page 38212

    Government Levels Affected: None

    Additional Information: SAN 3900.

    Agency Contact: Gary McAlister, Environmental Protection Agency, Air and Radiation, D243-02, Research Triangle Park, NC 27711

    Phone: 919-541-1062

    Fax: 919 541-1039

    Email: mcalister.gary@epamail.epa.gov

    Fred Thompson, Environmental Protection Agency, Air and Radiation,

    D243-02, Research Triangle Park, NC 27711

    Phone: 919-541-2707

    Email: thompson.fred@epamail.epa.gov

    RIN: 2060-AG88

    3151. CLEAN AIR OZONE IMPLEMENTATION RULE (PART 1 AND 2)

    Priority: Economically Significant. Major under 5 USC 801.

    Unfunded Mandates: This action may affect the private sector under PL 104-4.

    Legal Authority: 42 USC 7408; 42 USC 7410; 42 USC 7501-7511f; 42 USC 7601(a)(1)

    CFR Citation: 40 CFR 51; 40 CFR 50; 40 CFR 81

    Legal Deadline: None

    Abstract: This rule would provide 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, this rulemaking must address the requirements of the CAA and the Supreme Court's ruling. This rule would provide detailed provisions to address the CAA requirements for SIPs and TIPs and would thus affect States and Tribes. States with areas that are not attaining the 8-hour ozone NAAQS will have to develop -- as part of their SIPs -- emission limits and other requirements to attain the

    NAAQS within the timeframes set forth in the CAA. Tribal lands that are not attaining the 8-hour ozone standard may be affected, and could voluntarily submit a TIP, but would not be required to submit a TIP. In cases where a TIP is not submitted, EPA would have the responsibility for planning in those areas.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    06/02/03

    68 FR 32802

    Final Action (Phase 1)

    04/30/04

    69 FR 23951

    Final Action (Phase 2)

    08/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: State, Local, Tribal

    Additional Information: SAN 4625.

    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@epamail.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@epamail.epa.gov

    RIN: 2060-AJ99

    3152. AMENDMENTS TO STANDARD OF PERFORMANCE FOR NEW STATIONARY SOURCES;

    MONITORING REQUIREMENTS (40 CFR PART 60, APPENDIX F, PROCEDURE 3)

    Priority: Substantive, Nonsignificant

    Legal Authority: 42 USC 7411

    CFR Citation: 40 CFR 60

    Legal Deadline: Final, Statutory, June 15, 2001, -.

    Abstract: This rulemaking proposes to add a method, Method 203, for the measurement of opacity from stationary sources, to appendix M (Example

    Test Methods for State Implementation Plans) in 40 CFR part 51. This action provides States with an instrumental test method which can be used in determining, on a continuous basis, compliance with stationary source opacity emission limitations.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    10/07/92

    57 FR 46114

    Supplemental NPRM

    05/08/03

    68 FR 24692

    Final Action

    10/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Additional Information: SAN 3958.

    Agency Contact: Solomon Ricks, Environmental Protection Agency, Air and

    Radiation, D243-02, Research Triangle Park, NC 27711

    Phone: 919-541-5242

    Fax: 919 541-1039

    Email: ricks.solomon@epamail.epa.gov

    Fred Thompson, Environmental Protection Agency, Air and Radiation,

    D243-02, Research Triangle Park, NC 27711

    Phone: 919-541-2707

    Email: thompson.fred@epamail.epa.gov

    RIN: 2060-AH23

    3153. ELECTRIC ARC FURNACE NSPS AMENDMENT

    Priority: Substantive, Nonsignificant

    Legal Authority: 42 USC 7411

    CFR Citation: 40 CFR 60.270 to 60.276a

    Legal Deadline: None

    Abstract: Sources affected by the NSPS for electric arc furnaces

    (Subparts AA, and AAa) have expressed concerns with the requirements in the NSPS to use a continuous opacity monitor (COM) to monitor opacity and report periods when the COM indicated greater than 3 percent opacity as periods of excess emissions, and have petitioned the EPA to reconsider the COM requirements. These concerns arise from recent information that indicate that COM readings may have an error of up to 4 percent, which in itself isgreater than the 3 percent excess emissions threshold. The EPA is reconsidering the COM requirements, and may amend the NSPS to add alternative monitoring requirements.

    Page 38213

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    10/16/02

    67 FR 64014

    Final Action

    11/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Additional Information: SAN 4555.

    Agency Contact: Kevin Cavender, Environmental Protection Agency, Air and Radiation, C439-02, Research Triangle Park, NC 27711

    Phone: 919-541-2364

    Fax: 919 541-5450

    Email: cavender.kevin@epamail.epa.gov

    Steve Fruh, Environmental Protection Agency, Air and Radiation, C439- 02, Washington, DC 20460

    Phone: 919-541-2837

    Fax: 919 541-3207

    Email: fruh.steve@epamail.epa.gov

    RIN: 2060-AJ68

    3154. REVISION OF COMBUSTION TURBINES NSPS--PART 60, SUBPART GG

    Priority: Substantive, Nonsignificant

    Legal Authority: Not Yet Determined

    CFR Citation: 40 CFR 60 (Revision)

    Legal Deadline: None

    Abstract: The NSPS for Combustion Turbines has not been revised since 1980. Revisions are needed to reduce the burden on EPA and State/Local agencies, of approving, on a case by case basis, alternate testing and monitoring protocols due to advances in emission control technologies.

    The revisions are also intended to bring consistency between the monitoring and testing requirements in the Combustion Turbines NSPS

    (Part 60) and the Acid Rain Program (Part 75) so that the same data can be used to comply with both regulations.

    Timetable:

    Action

    Date

    FR Cite

    Direct Final Action

    04/14/03

    68 FR 18003

    DF Withdrawn

    05/28/03

    68 FR 31611

    Final Action Amendments

    06/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: Local, State

    Additional Information: SAN 4681.

    Sectors Affected: 211111 Crude Petroleum and Natural Gas Extraction; 2211 Electric Power Generation, Transmission and Distribution; 211112

    Natural Gas Liquid Extraction; 221 Utilities

    Agency Contact: Jaime Pagan, Environmental Protection Agency, Air and

    Radiation, C439-01, Washington, DC 20460

    Phone: 919-541-5340

    Fax: 919 541-5450

    Email: pagan.jaime@epamail.epa.gov

    Sims Roy, Environmental Protection Agency, Air and Radiation, C439-01,

    Research Triangle Park, NC 27711

    Phone: 919-541-5263

    Fax: 919 541-5450

    Email: roy.sims@epamail.epa.gov

    RIN: 2060-AK35

    3155. UPDATE OF CONTINUOUS INSTRUMENTAL TEST METHODS

    Priority: Substantive, Nonsignificant

    Legal Authority: 42 USC 7411

    CFR Citation: 40 CFR Part 60

    Legal Deadline: None

    Abstract: Methods 3A, 6C, 7E, 10, and 20 of 40 CFR Part 60, Appendix A are instrumental methods that are being revised to make their performance criteria consistent. Analyzer calibration error tests and sampling system bias tests now required in Methods 3A, 6C, and 7E are being added to Methods 10 and 20. Inconsistent acceptance criteria for other performance tests and calibration gas quality are also being made uniform. Performance criteria currently determined based on the instrument span is being revised to an emission limit basis. This change will fix the acceptance limits for all source tests on the applicable emission limit and not on a span value that sources have some discretion in choosing. These revisions were proposed on August 27, 1997 in an announcement entitled ``Amendments for Testing and

    Monitoring Provisions.'' They were considered not significant at that time. The public did not feel that the preamble to the rule provided adequate notice of the changes being made to themethods. The commenters requested a reproposal of these revision to the instrumental methods to allow for adequate public review. Methods 7F and 7G are new methods that measure nitrogen oxides electrochemically. These methods are being proposed in response to requests made by vendors/sources. These methods will add flexibility to the testing provisions currently in place and will not add requirements or affect the stringency of the underlying emission standards.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    10/10/03

    68 FR 58838

    Final Action

    09/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: Federal

    Additional Information: SAN 4161.

    Agency Contact: Foston Curtis, Environmental Protection Agency, Air and

    Radiation, 1806A, Research Triangle Park, NC 27711

    Phone: 919-541-1063

    Fax: 202-564-7299

    Email: curtis.foston@epamail.epa.gov

    RIN: 2060-AK61

    3156. NESHAP: PLYWOOD AND COMPOSITE WOOD PRODUCTS

    Priority: Economically Significant. Major under 5 USC 801.

    Unfunded Mandates: This action may affect the private sector under PL 104-4.

    Legal Authority: 42 USC 7412(d)

    CFR Citation: 40 CFR 63

    Legal Deadline: Final, Statutory, November 15, 2000, -.

    Final, Judicial, February 27, 2004, consent decree.

    Abstract: This project is to develop national emission standards for hazardous air pollutants (NESHAP) by establishing maximum achievable control technology (MACT) for facilities manufacturing wood panels and engineered wood products. MACT standards are under development to reduce the release of hazardous air pollutants (HAP) from all industries to protect the public health and environment. Emissions of

    HAP from this industry have been associated with, but are not limited to, the drying of wood and binders. This rule is anticipated to apply to the manufacture of products involving wood and some

    Page 38214

    kind of binder or bonding agent. This project may include, but is not limited to, facilities that manufacture hardboard, oriented strandboard

    (OSB), medium density fiberboard (MDF), particleboard, hardwood and softwood plywood, glue-laminated lumber, laminated veneer lumber, and engineered wood products. The source category may also include lumber drying kilns at sawmills. The project may also include some coatings operations. The name of the source category was formerly Plywood and

    Particleboard MACT.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    01/09/03

    68 FR 1276

    Final Action

    06/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: Businesses

    Government Levels Affected: None

    Additional Information: SAN 3820.

    Sectors Affected: 32121 Veneer, Plywood, and Engineered Wood Product

    Manufacturing

    Agency Contact: Mary Kissell, Environmental Protection Agency, Air and

    Radiation, C439-03, Research Triangle Park, NC 27711

    Phone: 919-541-4516

    Fax: 919 541-0246

    Email: kissell.mary@epamail.epa.gov

    Kent Hustvedt, Environmental Protection Agency, Air and Radiation,

    C439-04, Research Triangle Park, NC 27711

    Phone: 919-541-5395

    Fax: 919 541-0246

    Email: hustvedt.ken@epamail.epa.gov

    RIN: 2060-AG52

    3157. NESHAP: CHROMIUM ELECTROPLATING AMENDMENT

    Priority: Substantive, Nonsignificant

    Legal Authority: 42 USC 7412

    CFR Citation: 40 CFR 63

    Legal Deadline: None

    Abstract: This final amendment will also allow hard chromium electroplating facilities using fume suppressants for emission control to meet a surface tension limit similar to the requirements for decorative chromium electroplating and chromium anodizing facilities instead of the present requirement to meet an emission limit.

    Facilities choosing to use fume suppressants for emission control would be required to monitor the surface tension at the same frequency currently required for decorative chromium and chromium anodizing tanks and demonstrate compliance with the surface tension operating limit.

    Like decorative chromium electroplating and chromium anodizing facilities, hard chromium electroplating facilities would now be allowed to monitor surface tension to demonstrate compliance in lieu of performance testing.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    06/05/02

    67 FR 38810

    Final Rule Amendments

    06/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: Businesses

    Government Levels Affected: None

    Additional Information: SAN 4115.

    Sectors Affected: 332813 Electroplating, Plating, Polishing, Anodizing and Coloring

    Agency Contact: Phil Mulrine, Environmental Protection Agency, Air and

    Radiation, MD-C439-02, Washington, DC 20460

    Phone: 919-541-5289

    Fax: 919 541-5450

    Email: mulrine.phil@epamail.epa.gov

    Steve Fruh, Environmental Protection Agency, Air and Radiation, C439- 02, Washington, DC 20460

    Phone: 919-541-2837

    Fax: 919 541-3207

    Email: fruh.steve@epamail.epa.gov

    RIN: 2060-AH69

    3158. NESHAP: ASPHALT/COAL TAR APPLICATION ON METAL PIPES

    Priority: Substantive, Nonsignificant

    Legal Authority: 42 USC 7412

    CFR Citation: 40 CFR 63

    Legal Deadline: NPRM, Statutory, November 15, 2000, -.

    Abstract: The Clean Air Act (CAA), as amended in 1990, requires the EPA to (1) publish an initial list of all categories of major and area sources of the hazardous air pollutants (HAPs) listed in section 112(b) of the CAA, (2) promulgate a schedule establishing a date for the promulgation of emission standards for each of the listed categories of

    HAPs emission sources, and (3) develop emission standards for each source of HAPs. These standards are to be technology-based and are to require the maximum degree of emission reduction determined to be achievable by the Administrator. The Agency has determined that the application of asphalt or coal tar to metal pipes may reasonably be anticipated to emit several of the 189 HAPs listed in section 112(b) of the CAA. As a consequence, a regulatory development program is being pursued for the asphalt/coal tar application on metal pipes industry to promulgate emission standards.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    08/13/02

    67 FR 52780

    Final Action

    07/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: Federal, State, Local, Tribal

    Additional Information: SAN 4107. This action will be covered under

    Misc. Metal Parts & Products, SAN 3825, RIN 2060-AG56

    Sectors Affected: 332812 Metal Coating, Engraving (except Jewelry and

    Silverware), and Allied Services to Manufacturers

    Agency Contact: Kim Teal, Environmental Protection Agency, Air and

    Radiation, C539-03, Research Triangle Park, NC 27711

    Phone: 919-541-5580

    Fax: 919 541-5689

    Email: teal.kim@epamail.epa.gov

    RIN: 2060-AH78

    3159. PETITIONS TO DELIST HAZARDOUS AIR POLLUTANTS: MEK

    Priority: Substantive, Nonsignificant

    Legal Authority: ``Clean Air Act Section 112(b)(3)''

    CFR Citation: 40 CFR 63

    Legal Deadline: NPRM, Statutory, February 28, 2000.

    Abstract: The Agency has received a petition to remove methyl ethyl ketone (MEK) from the list of hazardous air pollutants (HAPs) under

    Section 112(b)

    Page 38215

    of the Clean Air Act. The Agency must review the petitions and either grant or deny the petition within 18 months of the date the complete petition was received. If the Agency grants a petition, a notice of proposed rulemaking will be published in the Federal Register, allowing the opportunity for public comment. If the Agency denies a petition, a notice of denial will be published in the Federal Register providing an explanation for such denial. If the Agency grants a petition and ultimately removes the pollutant from the HAP list then sources emitting such pollutants would not be required to meet MACT emissions standards for the pollutant. If on the other hand, the Agency denies the petition, then MACT standards would be issued as currently planned under Section 112(c) and 112(d) of the Clean Air Act for sources emitting such pollutants. Depending on the 4 individual determinations, the Agency will issue separate notices for each.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    05/30/03

    68 FR 32606

    Final Action

    06/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Additional Information: SAN 4313.

    Agency Contact: Kelly Rimer, Environmental Protection Agency, Air and

    Radiation, C404-01, Washington, DC 20460

    Phone: 919-541-2962

    Fax: 919 541-0840

    Email: rimer.kelly@epamail.epa.gov

    Dave Guinnup, Environmental Protection Agency, Air and Radiation, C404- 01, Washington, DC 20460

    Phone: 919-541-5368

    Fax: 919 541-0840

    Email: guinnup.dave@epamail.epa.gov

    RIN: 2060-AI72

    3160. ELECTRIC UTILITY STEAM GENERATING UNIT MACT REGULATION

    Priority: Economically Significant. Major under 5 USC 801.

    Unfunded Mandates: This action may affect State, local or tribal governments and the private sector.

    Legal Authority: 42 USC 7412

    CFR Citation: 40 CFR 63

    Legal Deadline: NPRM, Judicial, December 15, 2003, -.

    Final, Judicial, December 15, 2004, -.

    Abstract: On January 30, 2004, the EPA proposed alternative approaches to regulating mercury emissions from coal-fired electric utility steam generating units and nickel emissions from oil-fired electric utility steam generating units.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    01/30/04

    69 FR 4754

    Supplemental NPRM

    03/16/04

    69 FR 12298

    Final Action

    12/00/04

    Regulatory Flexibility Analysis Required: Undetermined

    Small Entities Affected: Businesses

    Government Levels Affected: Federal, State, Local, Tribal

    Additional Information: SAN 4571.

    Sectors Affected: 221112 Fossil Fuel Electric Power Generation

    Agency Contact: RobertJ Wayland, Environmental Protection Agency, Air and Radiation, C439-01, Washington, DC 20460

    Phone: 919-541-1045

    Fax: 919 541-5450

    Email: wayland.robertj@epamail.epa.gov

    Bill Maxwell, Environmental Protection Agency, Air and Radiation, C439- 01, Washington, DC 20460

    Phone: 919-541-5430

    Fax: 919 541-5450

    Email: maxwell.bill@epamail.epa.gov

    RIN: 2060-AJ65

    3161. NESHAP: SOLVENT EXTRACTION FOR VEGETABLE OIL: AMENDMENTS

    Priority: Substantive, Nonsignificant

    Legal Authority: 42 USC 7401 et seq

    CFR Citation: 40 CFR 63

    Legal Deadline: None

    Abstract: On April 12, 2001, EPA promulgated National Emission

    Standards for Hazardous Air Pollutants (NESHAP) for solvent extraction of vegetable oil. This amendment will consider adjustments to that

    NESHAP in light of information gained since its promulgation.

    Timetable:

    Action

    Date

    FR Cite

    Direct Final Action

    04/00/05

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: Businesses

    Government Levels Affected: None

    Additional Information: SAN 4672. Split from RIN 2060-AH22.

    Sectors Affected: 311225 Fats and Oils Refining and Blending; 311223

    Other Oilseed Processing; 311222 Soybean Processing

    Agency Contact: Greg Nizich, Environmental Protection Agency, Air and

    Radiation, C439-04, Washington, DC 20460

    Phone: 919-541-3078

    Fax: 919 541-0246

    Email: nizich.greg@epamail.epa.gov

    Kent Hustvedt, Environmental Protection Agency, Air and Radiation,

    C439-04, Research Triangle Park, NC 27711

    Phone: 919-541-5395

    Fax: 919 541-0246

    Email: hustvedt.ken@epamail.epa.gov

    RIN: 2060-AK32

    3162. NESHAP: HAZARDOUS ORGANIC NESHAP (HON) AMENDMENTS

    Priority: Substantive, Nonsignificant

    Legal Authority: 42 USC 7412 ``CAA 112''

    CFR Citation: 40 CFR 63

    Legal Deadline: None

    Abstract: This action proposes to amend the Hazardous Organic NESHAP to allow vapor balancing as a control option for storage vessels.

    Timetable:

    Action

    Date

    FR Cite

    Direct Final Action

    07/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Additional Information: SAN 4712.

    Agency Contact: Mark Morris, Environmental Protection Agency, Air and

    Radiation, C404-01, Washington, DC 20460

    Phone: 919-541-5416

    Page 38216

    Fax: 919 541-0840

    Email: morris.mark@epamail.epa.gov

    Randy Waite, Environmental Protection Agency, Air and Radiation, C540- 04, Research Triangle Park, NC 27711

    Phone: 919-541-5447

    Fax: 919-541-3470

    Email: waite.randy@epa.gov

    RIN: 2060-AK49

    3163. NESHAP FOR PRIMARY ALUMINUM REDUCTION PLANTS; AMENDMENTS

    Priority: Substantive, Nonsignificant

    Legal Authority: 42 USC 7412

    CFR Citation: 40 CFR 63

    Legal Deadline: None

    Abstract: The NESHAP for Primary Aluminum Reduction Plants was promulgated in 1997 (40 CFR Part 63, Subpart LL). The amendments described here would revise the emission limit for polycyclic organic matter applicable to one subcategory of source based on newly available data more representative of performance from the top five performing sources. The proposed amendments would also clarify language on compliance dates and add specific provisions for startup of new or reconstructed affected sources and affected sources that restart after being idled for long periods of time. More time would be allowed due to the nature of the process operation, depending on the type of source.

    No additional costs or information collection requirements would be incurred as a result of the amendments. There also are no significant policy issues. State agency and industry representatives concur with the changes, which will improve implementation of the 1997 rule.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    03/17/03

    68 FR 12645

    Final Action

    06/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Additional Information: SAN 4713.

    Agency Contact: Steve Fruh, Environmental Protection Agency, Air and

    Radiation, C439-02, Washington, DC 20460

    Phone: 919-541-2837

    Fax: 919 541-3207

    Email: fruh.steve@epamail.epa.gov

    RIN: 2060-AK50

    3164. NESHAP FOR PETROLEUM REFINERIES: CATALYTIC CRACKING UNITS,

    CATALYTIC REFORMING UNITS, AND SULFUR RECOVERY UNITS; AMENDMENTS

    Priority: Substantive, Nonsignificant

    Legal Authority: 42 USC 7412

    CFR Citation: 40 CFR 63

    Legal Deadline: None

    Abstract: The NESHAP for Petroleum Refineries is an existing rulemaking

    (40 CFR Part 63, Subpart UUU) to control hazardous air pollutant emissions from equipment in the petroleum refining industry. This rulemaking will amend the Petroleum Refinery NESHAP to incorporate additional compliance options for catalytic reforming units at refineries. Clarifying language and missing tables will also be added.

    This action will not increase costs or change the emission reductions expected for this rule.

    Timetable:

    Action

    Date

    FR Cite

    Direct Final Action

    06/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Additional Information: SAN 4714.

    Agency Contact: Bob Lucas, Environmental Protection Agency, Air and

    Radiation, C439-03, Washington, DC 20460

    Phone: 919-541-0884

    Fax: 919-541-0246

    Email: lucas.bob@epamail.epa.gov

    Kent Hustvedt, Environmental Protection Agency, Air and Radiation,

    C439-04, Research Triangle Park, NC 27711

    Phone: 919-541-5395

    Fax: 919 541-0246

    Email: hustvedt.ken@epamail.epa.gov

    RIN: 2060-AK51

    3165. NESHAP: GENERAL PROVISIONS; AMENDMENTS FOR POLLUTION PREVENTION

    ALTERNATIVE COMPLIANCE REQUIREMENTS

    Priority: Substantive, Nonsignificant

    Legal Authority: 42 USC 7412

    CFR Citation: 40 CFR 63.2; 40 CFR 63.17

    Legal Deadline: None

    Abstract: We are proposing amendments to the Part 63 General Provisions that would allow facilities that are subject to a maximum achievable control technology (MACT) Subpart to discontinue unnecessary requirements if, through pollution prevention measures, they achieve and can demonstrate continued hazardous air pollutant (HAP) emission reductions equivalent to or better than the MACT level of control. We are proposing these amendments to encourage and promote pollution prevention, which is our strategyof first choice in reducing HAP emissions. We expect these amendments to result in no additional burden for sources and air pollution control agencies. This effort is the product of discussions with State and local air pollution control officials. There also are no significant policy issues.

    Timetable:

    Action

    Date

    FR Cite

    Proposed Amdmt

    05/15/03

    68 FR 26249

    Final Action

    12/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Additional Information: SAN 4719.

    Agency Contact: Rick Colyer, Environmental Protection Agency, Air and

    Radiation, C504-05, Washington, DC 20460

    Phone: 919-541-5262

    Email: colyer.rick@epamail.epa.gov

    Steve Fruh, Environmental Protection Agency, Air and Radiation, C439- 02, Washington, DC 20460

    Phone: 919-541-2837

    Fax: 919 541-3207

    Email: fruh.steve@epamail.epa.gov

    RIN: 2060-AK54

    Page 38217

    3166. 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: Other, Statutory, 12 months from the date of the receipt of the last information completing the petition.

    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 18338

    NPRM-Stay

    04/07/04

    69 FR 18327

    Final Action

    03/00/05

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: Undetermined

    Additional Information: SAN 4751.

    Sectors Affected: 3336 Engine, Turbine, and Power Transmission

    Equipment Manufacturing; 221112 Fossil Fuel Electric Power Generation

    Agency Contact: Kelly Rimer, Environmental Protection Agency, Air and

    Radiation, C404-01, Washington, DC 20460

    Phone: 919-541-2962

    Fax: 919 541-0840

    Email: rimer.kelly@epamail.epa.gov

    Dave Guinnup, Environmental Protection Agency, Air and Radiation, C404- 01, Washington, DC 20460

    Phone: 919-541-5368

    Fax: 919 541-0840

    Email: guinnup.dave@epamail.epa.gov

    RIN: 2060-AK73

    3167. NESHAP: ETHYLENE PROCESSES; AMENDMENTS

    Priority: Substantive, Nonsignificant

    Legal Authority: 42 USC 7401 et seq

    CFR Citation: 40 CFR 63 subparts XX and YY

    Legal Deadline: None

    Abstract: The Ethylene Production NESHAP was promulgated on Friday,

    July 12, 2002 (67 FR 46258) without petition for judicial review.

    However, we did receive a letter from the affected industry association requesting that we consider certain technical corrections. Following review of this request, we believe some changes to the final rule are necessary for clarity and consistency. This correction requires an action in the form of a direct final rule which will contain rule changes, technical amendments and clarifications.

    Timetable:

    Action

    Date

    FR Cite

    Direct Final Rule

    10/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Additional Information: SAN 4763.

    Agency Contact: Warren Johnson, Environmental Protection Agency, Air and Radiation, C504-04, Washington, DC 20460

    Phone: 919-541-5124

    Fax: 919 541-3470

    Email: johnson.warren@epamail.epa.gov

    Randy Waite, Environmental Protection Agency, Air and Radiation, C540- 04, Research Triangle Park, NC 27711

    Phone: 919-541-5447

    Fax: 919-541-3470

    Email: waite.randy@epa.gov

    RIN: 2060-AK80

    3168. RULEMAKING ON SECTION 126 PETITIONS FROM NEW YORK AND CONNECTICUT

    REGARDING SOURCES IN MICHIGAN; REVISION OF DEFINITION OF APPLICABLE

    REQUIREMENT FOR TITLE V OPERATING PERMIT PROGRAMS

    Priority: Substantive, Nonsignificant

    Legal Authority: 42 USC 7426

    CFR Citation: 40 CFR 52; 40 CFR 75; 40 CFR 97

    Legal Deadline: None

    Abstract: The EPA is proposing to revise the Section 126 Rule in light of the March 3, 2000 court decision on the NOx SIP Call. The court vacated, and remanded to EPA for further consideration, the inclusion of Georgia and Missouri in the NOx SIP Call in light of the Ozone

    Transport Assessment Group conclusions that emissions from coarse grid portions of States did not merit controls. The reasoning of the Court regarding the significance of NOx emissions from sources in Georgia and

    Missouri calls into question the inclusion of the coarse grid portion of Michigan in the NOx SIP Call. In a separate proposal, EPA is proposing to withdraw the NOx SIP Call requirements for the Michigan coarse grid area. The Section 126 Rule is based on many of the same analyses and information used for the NOx SIP call and covers part of

    Michigan. Thus, EPA is proposing to withdraw its section 126 findings and control requirements with respect to sources located in the small part of the coarse grid portion of Michigan that is currently covered by the Section 126 Rule. The EPA has not identified any existing section 126 sources that would be affected by the proposal, however this proposal would eliminate findings and control requirements for new sources locating in the coarse grid. This proposal does not create any new requirements, thus there are no associated costs. The EPA is also proposing to revise the definition ``applicable requirement'' for title

    V operating permit programs by providing expressly thatany standard or other requirement under section 126 is an applicable requirement and must be included in operating permits issued under title V of the CAA.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    02/22/02

    67 FR 8386

    Final Action

    06/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Additional Information: SAN 4464. Split from RIN 2060-AH88.

    Sectors Affected: 221112 Fossil Fuel Electric Power Generation

    Agency Contact: Carla Oldham, Environmental Protection Agency, Air

    Page 38218

    and Radiation, MD-15, Research Triangle Park, NC 27711

    Phone: 919-541-3347

    Fax: 919 541-0824

    Email: oldham.carla@epamail.epa.gov

    Tom Helms, Environmental Protection Agency, Air and Radiation, C539-02,

    Research Triangle Park, NC 27711

    Phone: 919-541-5527

    Fax: 919 541-0824

    Email: helms.tom@epamail.epa.gov

    RIN: 2060-AJ36

    3169. SECTION 126 RULE WITHDRAWAL PROVISION

    Priority: Substantive, Nonsignificant

    Legal Authority: 42 USC 7426

    CFR Citation: 40 CFR 52

    Legal Deadline: None

    Abstract: EPA is proposing to revise one narrow aspect of the Section 126 Rule, which was promulgated January 18, 2000. The rule requires certain sources located in the eastern United States to reduce their

    NOx emissions for purposes of reducing ozone transport. EPA coordinated the Section 126 Rule with a related ozone transport rule, known as the

    NOx State implementation plan call (NOx SIP Call), which also addresses ozone transport in the eastern United States. The EPA established the same compliance date for both rules, May 1, 2003. The EPA included a provision in the Section 126 Rule which provided that where a State adopted, and EPA approved, a SIP controlling transport under the NOx

    SIP Call, and with a May 1, 2003 compliance date, EPA would withdraw the Section 126 requirements for sources in that State. This was a practical way to address the overlap between the two rules and avoid having sources be subject to two sets of potentially different NOx transport control requirements.As the result of court actions, the compliance dates for the Section 126 Rule and the NOx SIP Call have both been delayed until May 31, 2004. In addition, the NOx SIP Call has been divided into two phases. Therefore, it is necessary to revise the

    Section 126 Rule withdrawal provision so that it will continue to operate under these new circumstances.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    04/04/03

    68 FR 16644

    Final Action

    06/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Additional Information: SAN 4689.

    Agency Contact: Carla Oldham, Environmental Protection Agency, Air and

    Radiation, MD-15, Research Triangle Park, NC 27711

    Phone: 919-541-3347

    Fax: 919 541-0824

    Email: oldham.carla@epamail.epa.gov

    Doug Grano, Environmental Protection Agency, Air and Radiation, C539- 02, Washington, DC 20460

    Phone: 919-541-3292

    Fax: 919 541-0824

    Email: grano.doug@epamail.epa.gov

    RIN: 2060-AK41

    3170. TRANSPORTATION CONFORMITY AMENDMENTS: RESPONSE TO MARCH 2, 1999,

    COURT DECISION

    Priority: Other Significant

    Legal Authority: 42 USC 7401 to 7671q

    CFR Citation: 40 CFR 93

    Legal Deadline: None

    Abstract: The Clean Air Act requires EPA to promulgate rules that establish the criteria and procedures for determining whether highway and transit plans, programs, and projects conform to state air quality plans. Conformity means that the transportation actions will not cause or worsen violations of air quality standards or delay timely attainment of the standards. The original conformity rule was finalized on November 24, 1993, and most recently amended on August 15, 1997. On

    March 2, 1999, the U.S. Court of Appeals overturned certain provisions of the 1997 conformity amendments. This rulemaking will amend the conformity rule in compliance with the court decision. The rulemaking will formalize the May 14, 1999 EPA guidance and the June 18, 1999 DOT guidance that was issued to guide action on this issue until a rulemaking could be issued. Specifically, the rulemaking will clarify the types of projects that can be implemented in the absence of a conforming transportation plan. It will also explain EPA's process for reviewing newly submitted air quality plans and when those submissions can be used for conformity purposes.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    06/30/03

    68 FR 38974

    Final Action

    06/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: Local, State

    Additional Information: SAN 4340.

    Agency Contact: Angela Spickard, Environmental Protection Agency, Air and Radiation, NFEVL, Ann Arbor, MI 49105

    Phone: 734-214-4283

    Email: spickard.angela@epamail.epa.gov

    RIN: 2060-AI56

    3171. EXPANDED DEFINITIONS FOR ALTERNATIVE-FUELED VEHICLES AND ENGINES

    MEETING LOW-EMISSION VEHICLE EXHAUST EMISSION STANDARDS

    Priority: Substantive, Nonsignificant

    Legal Authority: 15 USC 2001; 15 USC 2002; 15 USC 2003; 15 USC 2005; 15

    USC 2006; 15 USC 213; 42 USC 7521; 42 USC 7522; 42 USC 7524; 42 USC 7525; 42 USC 7541; 42 USC 7542; 42 USC 7549; 42 USC 7550; 42 USC 7552

    CFR Citation: 40 CFR 86; 40 CFR 88

    Legal Deadline: None

    Abstract: This action will ease the burden of certification for both

    Original Equipment Manufacturers (OEMs) and after-market conversion entities. This action will, for vehicles and engines meeting LEV emission standards, broaden the definition of the term dedicated fuel system, broaden the criteria for engine families, and provide an exemption from certification fees. This action is not a deregulatory action. This action will provide another means for small business to remain active entities in supplying alternatively fueled vehicles to the market place. The above three changes are intended to reduce the cost of complying with the requirements of certification, and small business will benefit from these changes. This action will enhance the ability for the regulated industry to provide alternatively fueled vehicles to the consumer in support of the Executive Order 13031.

    Page 38219

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    07/20/98

    63 FR 38767

    Notice

    05/14/99

    64 FR 26410

    Final Action

    12/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Additional Information: SAN 4030.

    Agency Contact: Dan Harrison, Environmental Protection Agency, Air and

    Radiation, 1200 Pennsylvania Ave, Washington, DC 20460

    Phone: 734-214-4281

    Email: harrison.dan@epamail.epa.gov

    RIN: 2060-AH52

    3172. MODIFICATION OF THE ANTI-DUMPING BASELINE DATE CUT-OFF LIMIT FOR

    DATA USED IN DEVELOPMENT OF AN INDIVIDUAL BASELINE

    Priority: Substantive, Nonsignificant

    Legal Authority: 42 USC 7414; 42 USC 7521(1); 42 USC 7545; 42 USC 7601(a)

    CFR Citation: 40 CFR 80.91(b)(1)(i); 40 CFR 80.93(a)

    Legal Deadline: None

    Abstract: ``Dumping'' refers to the practice whereby refiners making clean fuels for certain markets (such as reformulated gasoline for clean-air purposes) take the pollutants removed from the clean fuels and ``dump'' them into other fuels they are producing for other markets. This, if allowed, would make those other fuels even dirtier than before, and so the Clean Air Act prohibits this practice. EPA has existing ``anti-dumping'' rules on the books that codify this Clean Air

    Act prohibition. This regulation is a minor technical amendment to those existing regulations. It would amend a portion of those regulations to allow the use of data collected after January 1, 1995 in the development of baselines, and it would establish a cut-off date of

    January 1, 2002 for the submission of all individual baselines under the anti-dumping program. This date is the same as that allowed for foreign refineries seeking a unique individual baseline under the anti- dumping program.)

    Timetable:

    Action

    Date

    FR Cite

    Direct Final Action

    08/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Additional Information: SAN 4604.

    Agency Contact: Christine Brunner, Environmental Protection Agency, Air and Radiation, 1200 Pennsylvania Ave, Ann Arbor, 20460

    Phone: 734-214-4287

    Fax: 734 214-4816

    Email: brunner.christine@epamail.epa.gov

    Patrice Simms, Environmental Protection Agency, Air and Radiation, 1200

    Pennsylvania Ave, Ann Arbor, MI 48105

    Phone: 202-564-5593

    Email: simms.patrice@epamail.epa.gov

    RIN: 2060-AJ82

    3173. CONTROL OF EMISSIONS OF AIR POLLUTION FROM NONROAD DIESEL ENGINES

    AND FUEL

    Priority: Economically Significant. Major under 5 USC 801.

    Unfunded Mandates: This action may affect the private sector under PL 104-4.

    Legal Authority: 15 USC 2002

    CFR Citation: 40 CFR 89

    Legal Deadline: None

    Abstract: On May 23, 2003, EPA proposed new emission controls for nonroad diesel engines, which are generally used in industrial, mining, and agricultural applications. The control strategies proposed focused around the use of advanced exhaust aftertreatment technologies for the first time in these applications. This technology reduces emissions of

    NOx, NMHC, and PM of over 90%. The standards would phase-in between 2008 and 2014, with different implementation schedules applicable to each of the fiveengine horsepower categories. Less stringent standards would apply to the smallest horsepower category. Coupled with these proposed engine standards is a two-step reduction in fuel sulfur levels, going from uncontrolled levels to 500 ppm in 2007 and then to 15 ppm in 2010. All nonroad diesel fuel, including that used in locomotive and marine applications, is covered in the first step while locomotive and marine fuel is not involved in the second step. This overall program builds on the successful 2007 highway diesel program the Agency completed in 2000.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    05/23/03

    68 FR 28328

    Final Action

    06/00/04

    Regulatory Flexibility Analysis Required: Yes

    Small Entities Affected: Businesses

    Government Levels Affected: Federal, Local, State

    Additional Information: SAN 4675.

    Agency Contact: Cleophas Jackson, Environmental Protection Agency, Air and Radiation, ASD, Washington, DC 20460

    Phone: 734-214-4824

    Fax: 734 214-4816

    Email: jackson.cleophas@epamail.epa.gov

    William Charmley, Environmental Protection Agency, Air and Radiation,

    ASD, Washington, DC 20460

    Phone: 734-214-4466

    Fax: 734 214-4050

    Email: charmley.william@epamail.epa.gov

    RIN: 2060-AK27

    3174. EMISSIONS DURABILITY PROCEDURES FOR NEW LIGHT-DUTY VEHICLES AND

    LIGHT-DUTY TRUCKS

    Priority: Substantive, Nonsignificant

    Legal Authority: 42 USC 7521

    CFR Citation: 40 CFR 86

    Legal Deadline: None

    Abstract: On October 22, 2002 the United States Court of Appeals for the District of Columbia Circuit vacated durability provisions that automotive manufacturers used to demonstrate that the emissions of their vehicles would comply with emission standards for the useful lives of those vehicles. The Court also required EPA to issue new regulations. This action fulfills the mandate. The new durability regulations will include options that a manufacturer may choose from to age pre-production vehicles to determine the rate of emission deterioration over the vehicle's useful life. The options

    Page 38220

    will include a prescribed fixed driving cycle and a prescribed bench aging cycle that are used to age prototype vehicles or emission control components to the equivalent of the useful life period of the vehicle in a manner that replicates the aging that the vehicle or components would see in actual use. This rule does not change the federal emission standards or the test procedures used to quantify emissions. Although there is no court-ordered deadline, this is a court-ordered action.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    04/02/04

    69 FR 17532

    Final Action

    11/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Additional Information: SAN 4757.

    Sectors Affected: 3361 Motor Vehicle Manufacturing

    Agency Contact: Eldert Bontekoe, Environmental Protection Agency, Air and Radiation, 1200 Pennsylvania Ave, Ann Arbor, MI 48105

    Phone: 734-214-4442

    Fax: 734 214-4053

    Email: bontekoe.eldert@epamail.epa.gov

    Linda Hormes, Environmental Protection Agency, Air and Radiation, 1200

    Pennsylvania Ave, Ann Arbor, MI 48105

    Phone: 734-214-4502

    Fax: 734 214-4053

    Email: hormes.linda@epamail.epa.gov

    RIN: 2060-AK76

    3175. 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

    Supplemental NPRM

    02/12/96

    61 FR 5840

    Final Action

    01/00/05

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Additional Information: SAN 2665.

    Agency Contact: Bob Doyal, Environmental Protection Agency, Air and

    Radiation, 6405J, Washington, DC 20460

    Phone: 202 343-9258

    RIN: 2060-AI03

    3176. REVISIONS TO THE APPEAL PROCEDURES AND THE FEDERAL NOX BUDGET

    TRADING PROGRAM, PARTS 78 AND 97

    Priority: Substantive, Nonsignificant

    Legal Authority: 42 USC 7601; 42 USC 7651 et seq; 42 USC 7401; 42 USC 7403:; 42 USC 7426

    CFR Citation: 40 CFR 75 (Revision); 40 CFR 97 (Revision)

    Legal Deadline: None

    Abstract: This rule is a set of revisions which will simplify and streamline the interface between the existing Acid Rain Program and the

    NOx Budget Trading Program.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    06/13/01

    66 FR 31978

    NPRM ECP

    07/27/01

    66 FR 39123

    Final Action

    11/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Additional Information: SAN 4682. Split from RIN 2060-AJ43.

    Sectors Affected: 221111 Hydroelectric Power Generation

    Agency Contact: Dwight Alpern, Environmental Protection Agency, Air and

    Radiation, 6204N, Washington, DC 20460

    Phone: 202-343-9151

    Fax: 202-565-2141

    Email: alpern.dwight@epamail.epa.gov

    RIN: 2060-AK36

    3177. FEDERAL IMPLEMENTATION PLANS FOR INDIAN RESERVATIONS IN IDAHO,

    OREGON AND WASHINGTON

    Priority: Other Significant

    Legal Authority: 42 USC 7401 et seq

    CFR Citation: 40 CFR 49.121 to 49.139; 40 CFR 49.9861 to 49.17810

    Legal Deadline: None

    Abstract: This Federal Implementation Plan (FIP) proposes basic air rules to apply on Indian Reservations in Idaho, Oregon, and Washington.

    The rules provide some basic air quality protection similar to what the state implementation plans (SIPs) require for Idaho, Oregon, and

    Washington. These rules are needed to establish a level playing field and create basic federally enforceable rules under the Clean Air Act.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    03/15/02

    67 FR 11748

    Final Action

    06/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: Businesses

    Government Levels Affected: Federal, Tribal

    Additional Information: SAN 4487. EPA Region 10 would be responsible for implementing and enforcing these proposed rules. Tribes can choose to assist EPA or take over responsibility for their reservations, and

    EPA would provide funding to tribes through grants to support their efforts.

    Agency Contact: Regina Thompson, Environmental Protection Agency,

    Page 38221

    Regional Office Seattle, OAQ-107, Seattle, WA 98101

    Phone: 206-553-6379

    Fax: 206-553-4672

    Email: thompson.regina@epamail.epa.gov

    Bonnie Thie, Environmental Protection Agency, Regional Office Seattle,

    OAQ-107, Seattle, WA 98101

    Phone: 206-553-1189

    Fax: 206 553-0110

    Email: thie.bonnie@epamail.epa.gov

    RIN: 2012-AA01

    3178. REVISION TO THE DEFINITION OF VOLATILE ORGANIC COMPOUND (VOC) TO

    EXCLUDE TERTIARY BUTYL ACETATE

    Priority: Substantive, Nonsignificant

    Legal Authority: 42 USC 7401 et seq

    CFR Citation: 40 CFR 51.100(s)

    Legal Deadline: None

    Abstract: The definition of VOC is proposed to be revised to add tertiary butyl acetate to the list of negligibly reactive compounds.

    This is a deregulatory action that will remove tertiary butyl acetate from the necessity to be controlled as a VOC in SIPs for attaining the ozone standard.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    09/30/99

    64 FR 52731

    Final Action

    09/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Additional Information: SAN 4254.

    Agency Contact: William 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: 202 564-5603

    Email: keating.terry@epamail.epa.gov

    RIN: 2060-AI45

    3179. CLEAN AIR VISIBILITY RULE

    Priority: Economically Significant

    Legal Authority: 42 USC 7410; 42 USC 7414; 42 USC 7421; 42 USC 7470 to 7479; 42 USC 7491; 42 USC 7492; 42 USC 7601; 42 USC 7602

    CFR Citation: 40 CFR 51.308(e)(1); 40 CFR 51 app Y (New)

    Legal Deadline: NPRM, Judicial, April 15, 2004, Consent Decree: April 15, 2004.

    Final, Judicial, April 15, 2005, Consent Decree: April 15, 2005.

    Abstract: To meet the Clean Air Act's requirements, EPA published the regional haze rule on July 1, 1999 (64 FR 35714). On May 24, 2002, the

    DC Circuit vacated certain provisions of the regional haze rule related to best available retrofit technology (BART). Because of this court decision, we need to propose and publish revised BART provisions in the regional haze rule. The purpose of this effort is to provide the appropriate changes to the BART requirements and guidelines, and to address additional issues related to reasonable progress goals for the visibility program. On July 20, 2001, we proposed guidelines intended to add further clarifications to the BART requirements in the regional haze rule. Since then, due to additional information that has come to light since that proposal, we have decided that a supplemental proposal is needed.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    07/20/01

    66 FR 38108

    Supplemental NPRM

    05/05/04

    69 FR 25184

    Final Action

    04/00/05

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: Federal, Local, State, Tribal

    Additional Information: SAN 4450.

    Agency Contact: Kathy Kaufman, Environmental Protection Agency, Air and

    Radiation, C504-02, Research Triangle Park, NC 27711

    Phone: 919-541-0102

    Fax: 919 541-5489

    Email: kaufman.kathy@epamail.epa.gov

    Todd Hawes, Environmental Protection Agency, Air and Radiation, C504- 02, Research Triangle Park, NC 27711

    Phone: 919-541-5591

    Fax: 919 541-5489

    Email: hawes.todd@epamail.epa.gov

    RIN: 2060-AJ31

    3180. CONTROL OF HAZARDOUS AIR POLLUTANTS FROM MOBILE SOURCES: DEFAULT

    BASELINE REVISION AND MINOR CORRECTIONS

    Priority: Substantive, Nonsignificant

    Legal Authority: 42 USC 7414; 42 USC 7521(1); 42 USC 7545; 42 USC 7601(a)

    CFR Citation: 40 CFR 80

    Legal Deadline: Final, Statutory, October 31, 2001, 80.855(b)(2) directs EPA to revise the default baseline by this date.

    Abstract: The final rule, Control of Emissions of Hazardous Air

    Pollutants From Mobile Sources (66 FR 17230, 3/29/01), directed EPA to revise the default toxics baselines in the rule to include year 2000 data when it becomes available. When revised, the default toxics baseline values will be the average toxics values for gasoline over the period 1998-2000. This data is now available, and this rule will promulgate those revised baseline values, and also incorporate several minor technical corrections tothe existing rule.

    Timetable:

    Action

    Date

    FR Cite

    Direct Final Action

    07/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Additional Information: SAN 4621.

    Agency Contact: Christine Brunner, Environmental Protection Agency, Air and Radiation, 1200 Pennsylvania Ave, Ann Arbor, 20460

    Phone: 734-214-4287

    Fax: 734 214-4816

    Email: brunner.christine@epamail.epa.gov

    Paul Cort, Environmental Protection Agency, Air and Radiation, ORC2,

    Washington, DC 20460

    Phone: 415-972-3921

    Fax: 415-972-3570

    Email: cort.paul@epamail.epa.gov

    RIN: 2060-AJ97

    Page 38222

    3181. ADOPTION OF THE AMENDED INTERNATIONAL NOX STANDARD FOR AIRCRAFT

    ENGINES

    Priority: Substantive, Nonsignificant

    Legal Authority: 42 USC 7401 et seq; ``CAA 231 to 232''; 42 USC 7571 to 7572; 5 USC 552(a)

    CFR Citation: 40 CFR 87.1; 40 CFR 87.21; 40 CFR 87.64; 40 CFR 87.71; 40

    CFR 87.10; 40 CFR 87.31(b); 40 CFR 87.82; 40 CFR 87.89

    Legal Deadline: None

    Abstract: The purpose of this final rulemaking is to amend the existing

    United States regulations governing the exhaust emissions from new commercial aircraft gas turbine engines. The amendment will codify into

    United States law the recently amended voluntary NOx emission standard of the United Nation's International Civil Aviation Organization

    (ICAO), thus bringing the United States emission standards into alignment with the internationally adopted standards. This NOx standard was adopted at the ICAO/Committee on Aviation Environmental Protection

    (CAEP) 4 meeting in 1998. The implementation of the standard is to begin in January 2004. Further, this amendment will establish consistency between U.S. and international requirements and test procedures. This action is necessary to ensure that domestic commercial aircraft meet international standards and the public can be assured that they are receiving the air quality benefits of the international standards.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    09/30/03

    68 FR 56226

    Final Action

    10/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: Federal

    Additional Information: SAN 4631.

    Sectors Affected: 33641 Aerospace Product and Parts Manufacturing; 336412 Aircraft Engine and Engine Parts Manufacturing; 3336 Engine,

    Turbine, and Power Transmission Equipment Manufacturing; 336413 Other

    Aircraft Part and Auxiliary Equipment Manufacturing

    Agency Contact: Bryan Manning, Environmental Protection Agency, Air and

    Radiation, 6407, Washington, DC 20460

    Phone: 734-214-4832

    Fax: 734 214-4018

    Email: manning.bryan@epamail.epa.gov

    RIN: 2060-AK01

    3182. CALIFORNIA GASOLINE TECHNICAL CORRECTION

    Priority: Substantive, Nonsignificant

    Legal Authority: 42 USC 7414; 42 USC 7521(1); 42 USC 7545; 42 USC 7601(a)

    CFR Citation: 40 CFR 80.81(a)

    Legal Deadline: None

    Abstract: This rule corrects final regulations which were published in the Federal Register on March 29, 2001 (66 FR 17230). The corrected regulatory provision restores the definition of California gasoline as used in the enforcement exemptions for California gasoline under the regulation of fuels and fuel additives.

    Timetable:

    Action

    Date

    FR Cite

    Direct Final Action

    06/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Additional Information: SAN 4722.

    Agency Contact: Christine Brunner, Environmental Protection Agency, Air and Radiation, 1200 Pennsylvania Ave, Ann Arbor, 20460

    Phone: 734-214-4287

    Fax: 734 214-4816

    Email: brunner.christine@epamail.epa.gov

    RIN: 2060-AK56

    3183. ANTI-DUMPING BASELINE RECALCULATION FOR DOWNSTREAM OXYGENATE

    ADDITION

    Priority: Substantive, Nonsignificant

    Legal Authority: 42 USC 7414; 42 USC 7545; 42 USC 7601(a)

    CFR Citation: 40 CFR 80.91

    Legal Deadline: None

    Abstract: This rule would allow a refiner who added oxygenate after sampling and just before shipment to exclude that oxygenate from its anti-dumping baseline determination. This exclusion of oxygenate is already allowed for a refinery's gasoline to which oxygenate was added outside of the refinery gate. This rule will have limited application, and could provide relief to small refiners.

    Timetable:

    Action

    Date

    FR Cite

    Direct Final Action

    06/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Additional Information: SAN 4706.

    Agency Contact: Christine Brunner, Environmental Protection Agency, Air and Radiation, 1200 Pennsylvania Ave, Ann Arbor, 20460

    Phone: 734-214-4287

    Fax: 734 214-4816

    Email: brunner.christine@epamail.epa.gov

    Patrice Simms, Environmental Protection Agency, Air and Radiation, 1200

    Pennsylvania Ave, Ann Arbor, MI 48105

    Phone: 202-564-5593

    Email: simms.patrice@epamail.epa.gov

    RIN: 2060-AK69

    3184. REGULATION OF FUELS AND FUEL ADDITIVES: MODIFICATIONS TO STANDARDS

    AND REQUIREMENTS FOR REFORMULATED AND CONVENTIONAL GASOLINE INCLUDING

    BUTANE BLENDERS AND ATTEST ENGAGEMENTS

    Priority: Substantive, Nonsignificant

    Legal Authority: 42 USC 7414; 42 USC 7454(c); 42 USC 7454(k); 42 USC 7601

    CFR Citation: 40 CFR 80

    Legal Deadline: None

    Abstract: Through the Clean Air Act Amendments of 1990, Congress mandated that EPA promulgate regulations for reformulated and conventional gasoline. The purpose of this mandate was to reduce vehicle emissions of toxic and ozone-forming compounds. EPA published the regulations on February 16, 1994. On July 11, 1997, EPA published a proposed rule that included various minor adjustments to the 1994 rule.

    The emissions benefits achieved from the reformulated gasoline and conventional gasoline programs would not be reduced by the proposed changes. On December 31, 1997, EPA finalized many of the proposed

    Page 38223

    changes. This rule would finalize the remaining changes that were not included in the December 31, 1997 final rule.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    07/11/97

    62 FR 37338

    Final (Partial)

    12/31/97

    62 FR 68196

    Final Action

    07/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: Businesses

    Government Levels Affected: None

    Additional Information: SAN 4758.

    Sectors Affected: 32411 Petroleum Refineries; 42271 Petroleum Bulk

    Stations and Terminals

    Agency Contact: Marilyn Bennett, Environmental Protection Agency, Air and Radiation, 6406J, Washington, DC 20460

    Phone: 202-343-9624

    Email: bennett.marilyn@epamail.epa.gov

    RIN: 2060-AK77

    3185. PROTECTION OF STRATOSPHERIC OZONE; REFRIGERANT RECYCLING;

    CERTIFICATION OF RECOVERY AND RECOVERY/RECYCLING EQUIPMENT INTENDED FOR

    USE WITH SUBSTITUTE REFRIGERANTS

    Priority: Substantive, Nonsignificant

    Legal Authority: 42 USC 7401 et seq; 42 USC 7671(g) ``CAA 608''

    CFR Citation: 40 CFR 82(F)

    Legal Deadline: None

    Abstract: EPA is amending the rule on refrigerant recycling equipment intended for use with Substitute Refrigerants: EPA is amending the rule on refrigerant recycling, promulgated under section 608 of the Clean

    Air Act, to clarify how the requirements of section 608 extend to refrigerant recovery and/or recycling equipment intended for use with substitutes for CFC and HCFC refrigerants.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    06/11/98

    63 FR 32044

    Final Action

    06/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: Businesses

    Government Levels Affected: None

    Additional Information: SAN 3560.1. Split from RIN 2060-AF37.

    Agency Contact: Julius Banks, Environmental Protection Agency, Air and

    Radiation, 6205J, Washington, DC 20460

    Phone: 202-343-9870

    Fax: 202-565-2155

    Email: banks.julius@epamail.epa.gov

    Tom Land, Environmental Protection Agency, Air and Radiation, 6205J,

    Washington, DC 20460

    Phone: 202-343-9185

    Fax: 202-565-2155

    Email: land.tom@epamail.epa.gov

    RIN: 2060-AL77

    3186. CONSIDERATION OF INDUSTRY PETITION TO REMOVE ETHYLENE GLYCOL

    MONOBUTYL ETHER FROM THE CLEAN AIR ACT LIST OF HAZARDOUS AIR POLLUTANTS

    Priority: Substantive, Nonsignificant

    Legal Authority: 42 USC 7412

    CFR Citation: 40 CFR 63

    Legal Deadline: None

    Abstract: The Agency received a petition to remove Ethylene Glycol

    Monobutyl ether (EGBE, 2-Butoxyethanol) from the American Chemistry

    Council on August 29, 1997, with additional submittals through December 21, 1998. This action will address that petition. A final decision on the petition will involve the resolution of toxicological issues with

    EGBE, including whether or not it is a human carcinogen. The institutional structure under which the petition will be considered is as follows: 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.

    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 recommends to the Administrator whether to grant the petition. If the

    Administrator decides to grant a petition, we propose a rule 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 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

    NPRM

    11/21/03

    68 FR 65648

    Final Action

    11/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Additional Information: SAN 4800.

    Agency Contact: Kelly Rimer, Environmental Protection Agency, Air and

    Radiation, C404-01, Washington, DC 20460

    Phone: 919-541-2962

    Fax: 919 541-0840

    Email: rimer.kelly@epamail.epa.gov

    Dave Guinnup, Environmental Protection Agency, Air and Radiation, C404- 01, Washington, DC 20460

    Phone: 919-541-5368

    Fax: 919 541-0840

    Email: guinnup.dave@epamail.epa.gov

    RIN: 2060-AL87

    3187. 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

    Page 38224

    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

    Final Action

    12/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Additional Information: SAN 4819.

    Agency Contact: Kate Choban, Environmental Protection Agency, Air and

    Radiation, 6205J, Washington, DC 20460

    Phone: 202-343-9337

    Fax: 202 343-2338

    Email: choban.kate@epamail.epa.gov

    Hodayah Finman, Environmental Protection Agency, Air and Radiation, 6205J, Washington, DC 20460

    Phone: 202-343-9246

    Fax: 202 565-2079

    Email: finman.hodayah@epamail.epa.gov

    RIN: 2060-AL94

    3188. NATIONAL AMBIENT AIR QUALITY STANDARDS FOR PARTICULATE MATTER;

    AMENDMENT TO REFLECT COURT ORDER VACATING CERTAIN RULES

    Priority: Substantive, Nonsignificant

    Legal Authority: 42 USC 7401 et seq; 5 USC 553

    CFR Citation: 40 CFR 50, 53, 58

    Legal Deadline: None

    Abstract: In American Trucking Associations, Inc., et al., v. EPA, the

    U.S. Court of Appeals for the D.C. Circuit vacated revisions to the

    PM10 national ambient air quality standards issued by EPA in 1997, and left intact the pre-existing PM10 standards. To conform the Code of

    Federal Regulations to the court's decision, it is necessary to remove the revised standards and all associated regulations and interpretative materials. Because this is purely a ministerial action, final rulemaking without opportunity for public review and comment is justified under ``good cause'' provisions of the Administrative

    Procedure Act.

    Timetable:

    Action

    Date

    FR Cite

    DFRM Amendment

    06/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Additional Information: SAN 4837.

    Agency Contact: Eric Ginsburg, Environmental Protection Agency, Air and

    Radiation, C304-02, Washington, DC 20460

    Phone: 919-541-0877

    Fax: 919 541-4511

    Email: ginsburg.eric@epamail.epa.gov

    Karen Martin, Environmental Protection Agency, Air and Radiation, C539- 01, Research Triangle Park, NC 27711

    Phone: 919-541-5274

    Fax: 919 541-0237

    Email: martin.karen@epamail.epa.gov

    RIN: 2060-AM02

    3189. CLEAN AIR OZONE DESIGNATIONS

    Priority: Substantive, Nonsignificant

    Legal Authority: 42 USC 7407, 7501 to 7515,7601

    CFR Citation: 40 CFR 81

    Legal Deadline: Final, Judicial, April 15, 2004.

    Abstract: In 1997, EPA promulgated the revised National Ambient Air

    Quality Standards (NAAQS) for ozone. This action is intended to promulgate designations and classifications for areas across the country as attainment/unclassifiable or nonattainment. The CAA defines a nonattainment area to include the area that is violating the NAAQS and any nearby areas that are contributing to the violation of the

    NAAQS. The process for designations following promulgation of a NAAQS is contained in Section 107(d)(1) of the CAA. EPA requested States and

    Tribes to make recommendations regarding attainment of their areas by

    July 15, 2003. EPA reviewed the recommended designations and made modifications as deemed necessary to these recommendations on December 3, 2003. EPA's December 3rd letters provided an opportunity for States and Tribes to defend their recommended positions. In cases where the

    States or Tribes do not submit recommendations, EPA will promulgate the designations for areas it deems appropriate. Final ozone designations will be promulgated on April 15, 2004. At that time EPA will designate all areas either ``attainment'' or ``nonattainment'' for the 8-hour ozone NAAQS. This notice is also intended to take final action to defer on a rolling basis the effective date of nonattainment designations for certain areas of the country that do not meet the 8-hour ozone NAAQS.

    Early Action Compact areas (EACs) have agreed to reduce ground-level ozone pollution earlier than the CAA requires and toattain the standard by December 31, 2007. This final rule establishes the first of three dates by which EPA will defer the effective date of nonattainment designation for compact areas or portions of compact areas, so long as these areas meet agreed-upon milestones. The impact of the nonattainment designation for these areas will be deferred first until

    September 30, 2005. Prior to the time the first deferral expires, EPA intends to take further action to propose and promulgate a second deferred effective date of nonattainment designation until December 31, 2006 for those areas that continue to fulfill all compact obligations.

    Prior to the time the second deferral expires, EPA intends to propose and promulgate a third and final deferral until April 15, 2008, for those areas that continue to meet all compact milestones.

    Timetable:

    Action

    Date

    FR Cite

    Final Action

    04/30/04

    69 FR 23858

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: Federal, Local, State, Tribal

    Additional Information: SAN 4839. Promulgation of SAN 4839 will include the material formerly proposed as SAN

    Page 38225

    4798. SAN 4798 has been merged into SAN 4839.

    Agency Contact: Annie Nikbakht, Environmental Protection Agency, Air and Radiation, C539-02, Durham, NC 27701

    Phone: 919-541-5246

    Fax: 919-541-0824

    Email: nikbakht.annie@epamail.epa.gov

    Sharon Reinders, Environmental Protection Agency, Air and Radiation,

    C539-02, Washington, DC 20460

    Phone: 919-541-5284

    Fax: 919 541-0824

    Email: reinders.sharon@epamail.epa.gov

    RIN: 2060-AM03

    3190. CLEAN AIR FINE PARTICLE DESIGNATIONS

    Priority: Substantive, Nonsignificant

    Legal Authority: 42 USC 7404(d)

    CFR Citation: 40 CFR 81

    Legal Deadline: None

    Abstract: This rule sets out final air quality designations and classifications for all areas of the United States as required by section 107 of the Clean Air Act (CAA). The air quality status of an area is represented by the designation of the area. Designations are objectively based upon air quality monitoring data and other relevant information pertaining to the air quality of the area. Area designations of attainment/unclassifiable means that the area has sufficient data to determine that the area is meeting the PM-2.5 NAAQS, or that due to no data being available for the area, or insufficient data being available, EPA cannot make a determination for the area.

    States and Tribes were requested to make their recommendations to EPA on the attainment status of their respective areas by February 2004.

    EPA will review the recommended designations and may make modifications as deemed necessary. If EPA determines that a modification to the recommendations is required, EPA will notify the State orTribe of their decision no later than 120 days prior to promulgating a final designation, which provides an opportunity for them make a case for why

    EPA's modification may be inappropriate. In cases where a State or

    Tribe does not make a recommendation, the EPA will promulgate the designation that it deems appropriate. The final date for promulgating designations for PM-2.5 will be December 31, 2004

    Timetable:

    Action

    Date

    FR Cite

    Final Action

    12/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: Federal, State, Local, Tribal

    Additional Information: SAN 4840.

    Agency Contact: Larry Wallace, Environmental Protection Agency, Air and

    Radiation, MD-15, C504-02, Washington, DC 20460

    Phone: 919-541-0906

    Fax: 919 541-5489

    Email: wallace.larry@epamail.epa.gov

    Rich Damberg, Environmental Protection Agency, Air and Radiation, C504- 02, Washington, DC 20460

    Phone: 919-541-5592

    Fax: 919 541-5489

    Email: damberg.rich@epamail.epa.gov

    RIN: 2060-AM04

    3191. PROTECTION OF STRATOSPHERIC OZONE; REFRIGERANT RECYCLING;

    SUBSTITUTE REFRIGERANTS; LEAK REPAIR REQUIREMENTS FOR REFRIGERATION AND

    AIR-CONDITIONING EQUIPMENT

    Priority: Substantive, Nonsignificant

    Legal Authority: 42 USC 7401 et seq; 42 USC 7671(g) ``CAA 608''

    CFR Citation: 40 CFR 82(F)

    Legal Deadline: None

    Abstract: EPA is amending the leak repair requirements for commercial, comfort cooling, and industrial process refrigeration appliances, promulgated under section 608 of the Clean Air Act. This rule will address methods to calculate leak rates, amend definitions concerning leak repair, and clarify how the leak repair requirements of section 608 extend to appliances using refrigerants that are substitutes for

    CFC and HCFC refrigerants.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    06/11/98

    63 FR 32044

    Final Action

    06/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: Businesses

    Government Levels Affected: None

    Additional Information: SAN 3560.2. Split from RIN 2060. Split from RIN 2060-AF37.

    Agency Contact: Julius Banks, Environmental Protection Agency, Air and

    Radiation, 6205J, Washignton, DC 20460

    Phone: 202-343-9870

    Fax: 202-565-2155

    Email: banks.julius@epamail.epa.gov

    Tom Land, Environmental Protection Agency, Air and Radiation, 6205J,

    Washington, DC 20460

    Phone: 202-343-9185

    Fax: 202-565-2155

    Email: land.tom@epamail.epa.gov

    RIN: 2060-AM05

    3192. [bullet][ls-thn-eq] NESHAP: REINFORCED PLASTIC COMPOSITES--

    AMENDMENTS

    Priority: Substantive, Nonsignificant

    Legal Authority: 42 USC 7401

    CFR Citation: 40 CFR 63.5780 to 63.5935 (Revisions)

    Legal Deadline: None

    Abstract: Since publication of the final Reinforced Plastic Composites

    NESHAP, we have discovered several minor errors. We also have been told that some of the rule language is confusing. This action will correct those errors and clarify some of the rule language. It should not make any substantive changes to the stringency of the rule.

    Timetable:

    Action

    Date

    FR Cite

    Direct Final Action

    07/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Additional Information: SAN 4863.

    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

    Jim Crowder, Environmental Protection Agency, Air and Radiation, C504- 05, Washington, DC 20460

    Page 38226

    Phone: 919-541-5596

    Fax: 919 541-5600

    Email: crowder.jim@epamail.epa.gov

    RIN: 2060-AM23

    3193. [bullet][ls-thn-eq] PROTECTION OF STRATOSPHERIC OZONE: LISTING OF

    SUBSTITUTES FOR OZONE-DEPLETING SUBSTANCES--FIRE SUPPRESSION AND

    EXPLOSION PROTECTION

    Priority: Substantive, Nonsignificant

    Legal Authority: 42 USC 7414, 7601, 7671 to 7671q

    CFR Citation: 40 CFR 82

    Legal Deadline: None

    Abstract: This rule would list whether several powdered aerosol fire suppressants are acceptable (subject to narrowed use limits) for use as substitutes for ozone-depleting halon 1301 (bromotrifluoromethane) as total flooding agents. Use would be restricted to the applications and locations suggested by the manufacturers of these alternative fire suppressants (e.g., use only in normally unoccupied areas). For one fire suppressant the current restriction on use in occupied areas would be removed.

    Timetable:

    Action

    Date

    FR Cite

    Direct Final Rule

    07/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Additional Information: SAN 4857.

    Agency Contact: Margaret Sheppard, Environmental Protection Agency, Air and Radiation, 6205J, Washington, DC 20460

    Phone: 202-343-9163

    Fax: 202 343-2338

    Email: sheppard.margaret@epamail.epa.gov

    Bella Maranion, Environmental Protection Agency, Air and Radiation, 6205J, Washington, DC 20460

    Phone: 202-343-9749

    TDD Phone: 630-443-4376

    Fax: 202 343-2338

    Email: maranion.bella@epamail.epa.gov

    RIN: 2060-AM24

    3194. [bullet][ls-thn-eq] NESHAP: SURFACE COATING OF METAL CANS--

    AMENDMENTS

    Priority: Substantive, Nonsignificant

    Legal Authority: 42 USC 7401 et seq

    CFR Citation: 40 CFR 63

    Legal Deadline: None

    Abstract: National emission standards for hazardous air pollutants

    (NESHAP) for metal can surface coating operations located at major sources of hazardous air pollutants (HAP) were promulgated on 11/13/ 2003 (68 FR 64432). The final standards implement section 112(d) of the

    Clean Air Act (CAA) by requiring these operations to meet HAP emission standards reflecting the application of the maximum achievable control technology (MACT). The final rule will protect air quality and promote public health by reducing emissions of HAP from facilities in the metal can surface coating source category. This action provides technical amendments to correct equations used in demonstrating compliance with the emission limits in the final rule. This action does not change the emission limits promulgated in the final rule.

    Timetable:

    Action

    Date

    FR Cite

    Direct Final Action

    06/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Additional Information: SAN 4864.

    Agency Contact: Paul Almodovar, Environmental Protection Agency, Air and Radiation, C539-03, Washington, DC 20460

    Phone: 919-541-0283

    Fax: 919 541-5689

    Email: almodovar.paul@epamail.epa.gov

    RIN: 2060-AM28

    3195. [bullet][ls-thn-eq] NESHAP: PRINTING, COATING, AND DYEING OF

    FABRICS AND OTHER TEXTILES--AMENDMENTS

    Priority: Substantive, Nonsignificant

    Legal Authority: 42 USC 7401 et seq

    CFR Citation: 40 CFR 63

    Legal Deadline: None

    Abstract: National emission standards for hazardous air pollutants

    (NESHAP) for existing and new fabric and other textile coating, printing, slashing, dyeing, and finishing operations were promulgated on May 12, 2003. The final standards implement section 112(d) of the

    Clean Air Act (CAA) by requiring all major sources to meet the hazardous air pollutants (HAP) emission standards reflecting the application of the maximum achievable control technology (MACT). This action provides amendments to the final rule to clarify the applicability of the rule to certain synthetic fiber manufacturing operations.

    Timetable:

    Action

    Date

    FR Cite

    Direct Final Action

    06/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Additional Information: SAN 4862.

    Agency Contact: Paul Almodovar, Environmental Protection Agency, Air and Radiation, C539-03, Washington, DC 20460

    Phone: 919-541-0283

    Fax: 919 541-5689

    Email: almodovar.paul@epamail.epa.gov

    RIN: 2060-AM29

    3196. [bullet][ls-thn-eq] REGULATION OF FUEL AND FUEL ADDITIVES: GASOLINE

    AND DIESEL TEST METHODS

    Priority: Substantive, Nonsignificant

    Legal Authority: 42 USC 7414; 42 USC 7545; 42 USC 7601(a)

    CFR Citation: 40 CFR 80.46(a)(1); 40 CFR 80.46(a)(2); 40 CFR 80.46(f)(3)(i); 40 CFR 80.46(g)(2)(i); 40 CFR 80.580(a)(2)(i); 40 CFR 80.580(a)(3)(ii)

    Legal Deadline: None

    Abstract: Fuel manufacturers of gasoline and diesel fuel are required to measure certain properties in order to demonstrate compliance with our motor vehicle fuels programs at 40 CFR part 80. This rule promulgates test method changes which are approved under the jurisdiction of the American Society of Testing and Materials (ASTM).

    The American Petroleum Institute (API) recently recommended these test method changes to the Agency. The Agency has evaluated these recommended test methods

    Page 38227

    changes, agrees with them, and believes they are based on good science.

    Furthermore, they would provide additional flexibility to the regulated parties. Specifically, the following changes would occur by this action: 1) Remove the current sunset provision of September 1, 2004, for the alternative test methods, ASTM D 4815 and ASTM D 1319, and continue to allow their use as alternative test methods until a performance-based test method (PBTM) rule is promulgated by the Agency.

    In the future, EPA intends to promulgate a PBTM rule which would set criteria for the qualification of alternative test methods. Since we believe the use of these two alternative test methods has been effective, we believe it would be prudent to continue to allow the use of these two alternative test methods until a PBTM rule is promulgated.

    Once a PBTM rule has been established, these alternative test methods would likely qualify under the PBTM rule's criteria. The rule that is the subject of this abstract would remove the current sunset provision for these two alternative test methods. 2) Designate ASTM D 6667 as the designated test method for measuring sulfur in butane because its more readily available and a better test method than the current designated test method, ASTM D 3246. This rule would allow the use of the originally designated test method, ASTM D 3246, as an alternative test method until a PBTM rule is promulgated. 3) This rule would update two current ASTM test methods allowed by the Agency for measuring sulfur in gasoline and diesel fuel to their most recent ASTM version.

    Timetable:

    Action

    Date

    FR Cite

    Direct Final Action

    12/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Additional Information: SAN 4895.

    Agency Contact: Joe Sopata, Environmental Protection Agency, Air and

    Radiation, 6406J, Washington, DC 20460

    Phone: 202-343-9034

    Fax: 202 343-2802

    Email: sopata.joe@epamail.epa.gov

    Dave Kortum, Environmental Protection Agency, Air and Radiation, 6406J,

    Washington, DC 20460

    Phone: 202-343-9022

    Fax: 202 343-2802

    Email: kortum.dave@epamail.epa.gov

    RIN: 2060-AM42

    3197. [bullet][ls-thn-eq] PROTECTION OF STRATOSPHERIC OZONE: IMPORT

    PETITIONING REQUIREMENTS FOR HALON-1301 AIRCRAFT FIRE EXTINGUISHING

    VESSELS

    Priority: Substantive, Nonsignificant

    Legal Authority: Not Yet Determined

    CFR Citation: Not Yet Determined

    Legal Deadline: None

    Abstract: This rule will provide an exemption under the import petitioning requirements for used ozone-depleting substances. The petitioning requirements outline the information that importers must submit to the Administrator at least forty working days before a shipment is to leave the foreign port of export. This rule will reduce the administrative burden of anyone petitioning to import aircraft fire extinguishing spherical pressure vessels containing halon-1301 (``halon bottles'') for hydrostatic testing in the United States. The rule would require importers to adhere to all import petitioning requirements but would require one petition to be submitted annually for all shipments rather than submission of a petition for each individual shipment forty working days prior to export. Halon bottles are individual bottles containing halon-1301 that are connected to a larger fire suppression system within an aircraft. The halon bottles are brought into the

    United States for hydrostatic testing in which the halon is removed, the bottles are tested to ensure durability and effectiveness, and the same amount or more of halon is replaced back in the bottles and exported once again. The halon bottles must be routinely tested under

    Federal Aviation Administration and United States Department of

    Transportation regulations. The exemption to minimize the import petitioning requirements is being initiated because the bottles are not being imported for the eventual use or resale of the halon contained in the bottles and because hydrostatic testing of the bottles is required under FAA and DOT regulations.

    Timetable:

    Action

    Date

    FR Cite

    Direct Final Action

    10/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: Federal

    Additional Information: SAN 4900.

    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-AM46

    3198. [bullet][ls-thn-eq] NATIONAL EMISSION STANDARDS FOR PHARMACEUTICALS

    PRODUCTION; AMENDMENTS

    Priority: Substantive, Nonsignificant

    Legal Authority: 42 USC 7401

    CFR Citation: 40 CFR 63

    Legal Deadline: None

    Abstract: This action amends wastewater provisions in the final rule to be more consistent with later standards for chemical manufacturing.

    Timetable:

    Action

    Date

    FR Cite

    Direct Final Action

    07/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Additional Information: SAN 4892.

    Agency Contact: Randy McDonald, Environmental Protection Agency, Air and Radiation, C504-04, Research Triangle Park, NC 27711

    Phone: 919-541-5402

    Email: mcdonald.randy@epa.gov

    Randy Waite, Environmental Protection Agency, Air and Radiation, C540- 04, Research Triangle Park, NC 27711

    Phone: 919-541-5447

    Fax: 919-541-3470

    Email: waite.randy@epa.gov

    RIN: 2060-AM52

    Page 38228

    3199. [bullet][ls-thn-eq] PROTECTION OF THE STRATOSPHERIC OZONE:

    ALTERNATIVES FOR THE MOBILE AIR CONDITIONING SECTOR UNDER THE

    SIGNIFICANT NEW ALTERNATIVES POLICY (SNAP) PROGRAM

    Priority: Substantive, Nonsignificant

    Legal Authority: 42 USC 7671k

    CFR Citation: 40 CFR 82.180

    Legal Deadline: None

    Abstract: This rulemaking will list two new alternatives to ozone depleting substances in the mobile air conditioning sector and outline the conditions necessary for their safe use. These new alternatives have better energy efficiency and lower impacts on the environment than currently available systems. By approving these systems under SNAP, EPA will provide additional choices to the automotive industry which, if adopted would reduce the impact of mobile air conditioners on the global environment. The automotive industry, if they chose to adopt these technologies, would be required to comply with the conditions necessary to deploy these systems in a safe manner.

    Timetable:

    Action

    Date

    FR Cite

    Direct Final Action

    07/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Additional Information: SAN 4918.

    Agency Contact: Erin Birgfeld, Environmental Protection Agency, Air and

    Radiation, 6205J, Washington, DC 20460

    Phone: 202-343-9079

    Fax: 202 343-2342

    Email: birgfeld.erin@epamail.epa.gov

    Dave Godwin, Environmental Protection Agency, Air and Radiation, 6205J,

    Washington, DC 20460

    Phone: 202-343-9324

    Fax: 202-343-2363

    Email: godwin.dave@epamail.epa.gov

    RIN: 2060-AM54

    3200. NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS: SITE-

    SPECIFIC REGULATION FOR PACKAGING CORPORATION OF AMERICA IN TOMAHAWK,

    WISCONSIN

    Priority: Substantive, Nonsignificant

    Legal Authority: 42 USC 7401 et seq

    CFR Citation: 40 CFR 63.443; 40 CFR 63.457; 40 CFR 63.453

    Legal Deadline: None

    Abstract: This site specific regulation will allow Packaging

    Corporation of America (PCA) to operate its semi-chemical pulp and paper mill with an alternative control technology for its hazardous air pollutants (HAPs). This alternative treatment has been approved by the

    EPA and its use will be conducted as a pilot project under the May 5, 1998, Joint State/EPA Agreement to Pursue Regulatory Innovation. An applicable federal air rule requires semi-chemical pulp and paper mills to collect and incinerate their vent gases. As an alternative treatment, PCA will collect and hard-pipe vent gas condensates to their on-site wastewater treatment plant. The vent gas condensates contain a large proportion of the vent gas HAPs, and the HAPs are effectively treated in the wastewater treatment plant. PCA has agreed to accept as an enforceable limit a methanol destruction rate of approximately two times the amount of methanol that would be destroyed with the technology prescribed in the federal air rule. Methanol is an appropriate surrogate for the total HAPs in the vent gases. Data from a full scale treatability study conducted by PCA in June 2001 indicate that the alternative treatment technology may be capable of achieving approximately five times greater methanol treatment than prescribed in the air rule, although PCA will not have to commit to achieving this greater destruction rate.

    Timetable:

    Action

    Date

    FR Cite

    Direct Final Action

    06/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Additional Information: SAN 4816.

    Agency Contact: Eileen Furey, Environmental Protection Agency, Office of the Administrator, C-14J, Washington, DC 20460

    Phone: 312-886-7950

    Fax: 312-886-0747

    Email: furey.eileen@epamail.epa.gov

    David Beck, Environmental Protection Agency, Office of the

    Administrator, E14302, Washington, DC 20460

    Phone: 919-541-5421

    Email: beck.david@epamail.epa.gov

    RIN: 2090-AA33

    Environmental Protection Agency (EPA)

    Long-Term Actions

    Clean Air Act (CAA)

    3201. NESHAP: OFF-SITE WASTE AND RECOVERY OPERATIONS RESIDUAL RISK

    STANDARD

    Priority: Substantive, Nonsignificant

    Legal Authority: 42 USC 7412

    CFR Citation: 40 CFR 63

    Legal Deadline: Final, Statutory, July 1, 2004.

    Abstract: EPA developed technology-based emissions standards (``MACT'' standards] for this source category under section 112(d) of the Clean

    Air Act, codified in 40 CFR Part 63, Subpart DD. The current action, required by Section 112(f) of the Clean Air Act, is to assess residual risks after compliance with Subpart DD, and develop additional emission standards, as necessary, to provide an ample margin of safety.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    To Be

    Determined

    Regulatory Flexibility Analysis Required: Undetermined

    Small Entities Affected: Businesses

    Government Levels Affected: None

    Additional Information: SAN 4695.

    Sectors Affected: 56221 Waste Treatment and Disposal

    Page 38229

    Agency Contact: 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

    Kent Hustvedt, Environmental Protection Agency, Air and Radiation,

    C439-04, Research Triangle Park, NC 27711

    Phone: 919-541-5395

    Fax: 919 541-0246

    Email: hustvedt.ken@epamail.epa.gov

    RIN: 2060-AK68

    3202. ACCIDENTAL RELEASE PREVENTION REQUIREMENTS: RISK MANAGEMENT

    PROGRAMS UNDER THE CLEAN AIR ACT, SECTION 112(R)(7); AVAILABILITY OF

    INFORMATION TO THE PUBLIC; TECHNICAL AMENDMENT

    Priority: Info./Admin./Other

    Legal Authority: ``CAA 112(r)''

    CFR Citation: 40 CFR 68.210

    Legal Deadline: None

    Abstract: Section 112(r)(7) of the Clean Air Act (CAA) and its implementing regulations at 40 CFR Part 68 require certain stationary sources to report an Off-site Consequence Analysis (OCA), including a worst-case release scenario, in a Risk Management Plan (RMP) that is to be made available to the public. In response to concerns that posting

    OCA information on the Internet might increase the risk of terrorist and other criminal activities, on August 5, 1999 the Chemical Safety

    Information, Site Securityand Fuels Regulatory Relief Act (CSISSFRRA) was enacted. The Act requires the President to promulgate regulations governing the distribution of the OCA sections of RMPs that, in the opinion of the President, would minimize the likelihood of accidental releases and the risk of terrorist and other criminal activities associated with posting this information. The President delegated his rulemaking authority to the Attorney General and the Administrator of

    EPA, who jointly promulgated the required regulations at 40 CFR Part 1400. The Part 1400 regulations restrict the public's access to the OCA sections of RMPs in certain ways. As currently drafted, however, section 68.210(a) of Part 68 states that RMPs are available to the public under CAA section 114, which makes information collected under the CAA, including RMPs in their entirety, available to the public, except for confidential business information. EPA is therefore revising 40 CFR Section 68.210(a) to reflect the August 2000 rulemaking. The revision will state that OCA data is made available to the public under the provisions of 40 CFR Part 1400. This revision is not meant to regulate any new entities.

    Timetable:

    Action

    Date

    FR Cite

    Final Action

    To Be

    Determined

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Additional Information: SAN 4607.

    Agency Contact: Sicy Jacob, Environmental Protection Agency, Solid

    Waste and Emergency Response, 5104A, Washington, DC 20460

    Phone: 202-564-8019

    Fax: 202 564-8233

    Email: jacob.sicy@epamail.epa.gov

    RIN: 2050-AE95

    3203. ACCIDENTAL RELEASE PREVENTION REQUIREMENTS: RISK MANAGEMENT

    PROGRAMS UNDER THE CLEAN AIR ACT, SECTION 112(R)(3); REVISIONS TO THE

    LIST OF SUBSTANCES

    Priority: Other Significant

    Legal Authority: ``CAA 112(r)''

    CFR Citation: 40 CFR 68.130

    Legal Deadline: None

    Abstract: The list of substances subject to the Chemical Accident

    Prevention requirements at 40 CFR Part 68 was promulgated on January 31, 1994. The Clean Air Act states that the list may be revised from time to time by EPA's own motion or by petition and shall be reviewed at least every 5 years. Since the January 1994 final list rule, EPA has modified the listing for hydrochloric acid; deleted a category of explosive chemicals; exempted flammable substances in gasoline used as fuel and in naturally occurring hydrocarbon mixtures prior to initial processing; and excluded flammable substances used as a fuel or held for sale as a fuel at a retail facility. In fulfillment of the statute's five-year review requirement, EPA has conducted a thorough review of the list. Based on that review, EPA is proposing additions, deletions and modifications to the list of substances. Deletions are based on EPA's review of the chemical toxicity, physical property, production/use quantity and accident history of currently listed substances and new information or erroneous data that impacts the basis of the chemical's listing. Other toxic and flammable chemicals are proposed to be added because they meet the criteria for listing a toxic or flammable substance. In addition, EPA proposes to revise the reporting threshold and toxic endpoints of several toxic substances based on updated toxicity information. Facilities (such as chemical manufacturers, processors, and users), with more than the threshold quantity of a listed substance in a process, are required to develop a

    Risk Management Program and submit a Risk Management Plan to EPA. The proposed changes to the list will ensure that facilities are properly managing risks of the most acutely toxic and flammable chemicals that could have an adverse impact on the facility and surrounding community in event of an accidental release.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    To Be

    Determined

    Regulatory Flexibility Analysis Required: No

    Government Levels Affected: Federal, State, Local, Tribal

    Additional Information: SAN 4619.

    Sectors Affected: 325 Chemical Manufacturing; 32411 Petroleum

    Refineries

    Agency Contact: Kathy Franklin, Environmental Protection Agency, Solid

    Waste and Emergency Response, 5104A, Washington, DC 20460

    Phone: 202-564-7987

    Fax: 202 564-8444

    Email: franklin.kathy@epamail.epa.gov

    Sicy Jacob, Environmental Protection Agency, Solid Waste and Emergency

    Response, 5104A, Washington, DC 20460

    Phone: 202-564-8019

    Fax: 202 564-8233

    Email: jacob.sicy@epamail.epa.gov

    RIN: 2050-AE96

    Page 38230

    3204. 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

    01/00/06

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Additional Information: SAN 4531.

    Agency Contact: Jeff Herzog, Environmental Protection Agency, Air and

    Radiation, ASD, Washington, DC 20460

    Phone: 734-214-4227

    Fax: 734 214-4816

    Email: herzog.jeff@epamail.epa.gov

    RIN: 2060-AJ61

    3205. NAAQS: SULFUR DIOXIDE (RESPONSE TO REMAND)

    Priority: Other Significant

    Legal Authority: 42 USC 7409 ``CAA 109''

    CFR Citation: 40 CFR 50.4; 40 CFR 50.5

    Legal Deadline: None

    Abstract: On November 15, 1994, the Environmental Protection Agency

    (EPA) proposed not to revise the existing 24-hour and annual primary standards. The EPA sought public comment on the need to adopt additional regulatory measures to address the health risk to asthmatic individuals posed by short-term peak sulfur dioxide exposure. On March 7, 1995, EPA proposed implementation strategies for reducing short-term high concentrations of sulfur dioxide emissions in the ambient air. On

    May 22, 1996, EPA published its final decision not to revise the primary sulfur dioxide NAAQS. The notice stated that EPA would shortly propose a new implementation strategy to assist States in addressing short-term peaks of sulfur dioxide. The new implementation strategy - the Intervention Level Program - was proposed on January 2, 1997. In

    July 1996, the American Lung Association and the Environmental Defense

    Fund petitioned the U.S. Court of Appeals for the D.C. Circuit for a judicial review of EPA's decision not to establish a new 5-minute

    NAAQS. On January 30, 1998, the court found that EPA did not adequately explain its decision and remanded the case so EPA could explain its rationale more fully. EPA published a schedule for responding to the remand in the May 5, 1998 Federal Register. Since that notice, EPA has continued to work on the proposed response to the remand by reviewing additional SO2 air quality information. EPA published an informational notice in the Federal Register on January 9, 2001 (66 R 1665). EPA conducted monitoring to evaluate sources of SO2 peaks and is currently analyzing these data.. The results of this project will inform the response to the remand.

    Timetable:

    Action

    Date

    FR Cite

    NPRM NAAQS Review

    11/15/94

    59 FR 58958

    NPRM NAAQS implementation

    03/07/95

    60 FR 12492

    Final NAAQS Review

    05/22/96

    61 FR 25566

    NPRM rev. NAAQS impl

    01/02/97

    62 FR 210

    Notice resp to remand

    05/05/98

    63 FR 24782

    NPRM

    To Be

    Determined

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: Undetermined

    Additional Information: SAN 1002.

    Agency Contact: Dave Mckee, Environmental Protection Agency, Air and

    Radiation, C539-01, Research Triangle Park, NC 27711

    Phone: 919-541-5288

    Fax: 919 541-0237

    Email: mckee.dave@epamail.epa.gov

    Susan Stone, Environmental Protection Agency, Air and Radiation, C539- 01, Research Triangle Park, NC 27711

    Phone: 919-541-1146

    Email: stone.susan@epamail.epa.gov

    RIN: 2060-AA61

    3206. PREVENTION OF SIGNIFICANT DETERIORATION OF AIR QUALITY: PERMIT

    APPLICATION REVIEW PROCEDURES FOR NON-FEDERAL CLASS I AREAS

    Priority: Other Significant

    Legal Authority: 42 USC 7670-7479 ``CAA 160-169''

    CFR Citation: 40 CFR 51.166; 40 CFR 52.21

    Legal Deadline: None

    Abstract: Under the Clean Air Act's prevention of significant deterioration (PSD) program, a State or tribe may redesignate their lands as class I areas to provide enhanced protection for their air quality resources. This rule will clarify the PSD permit review procedures for new and modified major stationary sources near these non-Federal class I areas. EPA seeks to develop clarifying PSD permit application procedures that are effective, efficient, and equitable.

    Timetable:

    Action

    Date

    FR Cite

    ANPRM

    05/16/97

    62 FR 27158

    NPRM

    To Be

    Determined

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: State, Tribal

    Additional Information: SAN 3919.

    Agency Contact: Darrel Harmon, Environmental Protection Agency, Air and

    Radiation, 6101A, Washington, DC 20460

    Phone: 202-564-7416

    Fax: 202 501-1153

    Page 38231

    Email: harmon.darrel@epamail.epa.gov

    RIN: 2060-AH01

    3207. PHASE I (FIP) TO REDUCE THE REGIONAL TRANSPORT OF OZONE IN THE

    EASTERN UNITED STATES

    Priority: Economically Significant. Major under 5 USC 801.

    Unfunded Mandates: This action may affect State, local or tribal governments and the private sector.

    Legal Authority: 42 USC 7410

    CFR Citation: 40 CFR 52; 40 CFR 97

    Legal Deadline: NPRM, Statutory, January 25, 2003, EPA is required to promulgate FIPs by January 25 2003 unless EPA approves the State submitted plans.

    Abstract: This action would promulgate Federal Implementation Plans

    (FIPs) which require nitrogen oxides (NOx) emissions decreases. The intended effect is to reduce the transport of ozone (smog) pollution and one of its main precursors (NOx) across State boundaries in the eastern half of the United States. On October 27, 1998, EPA published a final rule (the NOx SIP Call) which allowed States 12 months to develop, adopt, and submit revisions to their State Implementation

    Plans (SIPs) to address the transport problem. The Administrator is required to promulgate a FIP within 2 years of: (1) finding that a

    State has failed to make a required submittal or (2) finding that a submittal is not complete or (3) disapproving a SIP submittal. On June 22, 2000, the D.C. Court of Appeals assigned a new SIP submittal date of October 30, 2000. Eleven States (Virginia, West Virginia, Alabama,

    Kentucky, North Carolina, South Carolina, Tennessee, Illinois, Indiana,

    Michigan, and Ohio) and the District of Columbia had not submitted adequate SIPs, as announced in a findings rule published on December 26, 2000. All of these States have since submitted approvable plans.

    (Note: The FIPs discussed here would apply to all elements of the NOx

    SIP call that were not remanded to EPA by the court on March 3, 2000.

    The portions of the SIP call that were remanded to EPA will be covered under Phase 2 SIPs, and if necessary, separate FIP actions would be prepared for those.)

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    10/21/98

    63 FR 56393

    Findings Action

    12/26/00

    65 FR 81366

    Final Action

    To Be

    Determined

    Regulatory Flexibility Analysis Required: Yes

    Small Entities Affected: Businesses

    Government Levels Affected: Federal, State, Local

    Additional Information: SAN 4096.

    Sectors Affected: 333415 Air-Conditioning and Warm Air Heating

    Equipment and Commercial and Industrial Refrigeration Equipment

    Manufacturing; 325188 All Other Basic Inorganic Chemical Manufacturing; 325199 All Other Basic Organic Chemical Manufacturing; 325998 All Other

    Miscellaneous Chemical Product Manufacturing; 324199 All Other

    Petroleum and Coal Products Manufacturing; 33611 Automobile and Light

    Duty Motor Vehicle Manufacturing; 32731 Cement Manufacturing; 331221

    Cold-Rolled Steel Shape Manufacturing; 221121 Electric Bulk Power

    Transmission and Control; 221122 Electric Power Distribution; 327211

    Flat Glass Manufacturing; 221112 Fossil Fuel Electric Power Generation; 327213 Glass Container Manufacturing; 32512 Industrial Gas

    Manufacturing; 325131 Inorganic Dye and Pigment Manufacturing; 331111

    Iron and Steel Mills; 322122 Newsprint Mills; 333618 Other Engine

    Equipment Manufacturing; 327212 Other Pressed and Blown Glass and

    Glassware Manufacturing; 322121 Paper (except Newsprint) Mills; 32213

    Paperboard Mills; 32511 Petrochemical Manufacturing; 48621 Pipeline

    Transportation of Natural Gas; 325211 Plastics Material and Resin

    Manufacturing; 32211 Pulp Mills; 22133 Steam and Air-Conditioning

    Supply

    Agency Contact: Doug Grano, Environmental Protection Agency, Air and

    Radiation, C539-02, Washington, DC 20460

    Phone: 919-541-3292

    Fax: 919 541-0824

    Email: grano.doug@epamail.epa.gov

    Jan King, Environmental Protection Agency, Air and Radiation, C539-02,

    Washington, DC 20460

    Phone: 919-541-5665

    Fax: 919 541-0824

    Email: king.jan@epamail.epa.gov

    RIN: 2060-AH87

    3208. NESHAP: AEROSPACE MANUFACTURING AND REWORK FACILITIES RESIDUAL

    RISK STANDARDS

    Priority: Substantive, Nonsignificant

    Legal Authority: 42 USC 7412

    CFR Citation: 40 CFR 63

    Legal Deadline: Final, Statutory, September 30, 2003, -.

    Abstract: EPA developed technology-based standards for this source category under section 112(d) of the CAA, codified in 40 CFR Part 63,

    Subpart GG. The current action, required by section 112(f) of the CAA, is to assess residual risks from the same source category, and develop additional emission standards, as necessary, to provide an ample margin of safety.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    To Be

    Determined

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Additional Information: SAN 4653.

    Sectors Affected: 33641 Aerospace Product and Parts Manufacturing

    Agency Contact: Tony Wayne, Environmental Protection Agency, Air and

    Radiation, C435-09, Washington, DC 20460

    Phone: 919-541-5439

    Fax: 919 541-0942

    Email: wayne.tony@epamail.epa.gov

    RIN: 2060-AK08

    3209. NESHAP: ETHYLENE OXIDE FOR STERILIZATION FACILITIES - RESIDUAL

    RISK STANDARDS

    Priority: Substantive, Nonsignificant

    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

    Page 38232

    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, and are planning to submit for internal peer review. The assessment results show cancer incidence less than 1.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    To Be

    Determined

    Regulatory Flexibility Analysis Required: Undetermined

    Small Entities Affected: Businesses

    Government Levels Affected: None

    Additional Information: SAN 4654.

    Sectors Affected: 3254 Pharmaceutical and Medicine Manufacturing; 311942 Spice and Extract Manufacturing

    Agency Contact: David Markwordt, Environmental Protection Agency, Air and Radiation, C435-B, Washington, DC 20460

    Phone: 919-541-0837

    Fax: 919 541-0942

    Email: markwordt.david@epamail.epa.gov

    Chris Stoneman, Environmental Protection Agency, Air and Radiation, MD- 15, C439-04, Research Triangle Park, NC 27711

    Phone: 919-541-0823

    Email: stoneman.christopher@epa.gov

    RIN: 2060-AK09

    3210. NESHAP: GROUP II POLYMERS AND RESINS - RESIDUAL RISK STANDARDS

    Priority: Other Significant

    Legal Authority: 42 USC 7412

    CFR Citation: 40 CFR 63

    Legal Deadline: Final, Statutory, March 8, 2003, -.

    Abstract: EPA developed technology-based standards for this source category under section 112(d) of the CAA. This source category covers certain chemical process units used to manufacture products. The current action, required by section 112(f) of the CAA, is to assess residual risks from this same source category, and develop additional emission standards, as necessary, to provide an ample margin of safety.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    To Be

    Determined

    Regulatory Flexibility Analysis Required: Undetermined

    Small Entities Affected: Businesses

    Government Levels Affected: None

    Additional Information: SAN 4657.

    Sectors Affected: 325211 Plastics Material and Resin Manufacturing

    Agency Contact: Randy McDonald, Environmental Protection Agency, Air and Radiation, C504-04, Research Triangle Park, NC 27711

    Phone: 919-541-5402

    Email: mcdonald.randy@epa.gov

    Randy Waite, Environmental Protection Agency, Air and Radiation, C540- 04, Research Triangle Park, NC 27711

    Phone: 919-541-5447

    Fax: 919-541-3470

    Email: waite.randy@epa.gov

    RIN: 2060-AK13

    3211. NESHAP: NATIONAL EMISSION STANDARDS FOR MARINE TANK VESSEL LOADING

    OPERATIONS - RESIDUAL RISK STANDARD

    Priority: Substantive, Nonsignificant

    Legal Authority: 42 USC 7412

    CFR Citation: 40 CFR 63

    Legal Deadline: Final, Statutory, September 19, 2003, Final Action.

    Abstract: EPA developed technology-based standards for this source category under section 112(d) of the CAA, codified in 40 CFR Part 63,

    Subpart Y. This source category covers tanks or ships that contain gasoline, crude oil, or HAPs in bulk. The current action, required by section 112(f) of the CAA, is to assess residual risks from this same source category, and develop additional emission standards, as necessary, to provide an ample margin of safety.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    To Be

    Determined

    Regulatory Flexibility Analysis Required: Undetermined

    Small Entities Affected: Businesses

    Government Levels Affected: None

    Additional Information: SAN 4661.

    Sectors Affected: 483 Water Transportation

    Agency Contact: David Markwordt, Environmental Protection Agency, Air and Radiation, C435-B, Washington, DC 20460

    Phone: 919-541-0837

    Fax: 919 541-0942

    Email: markwordt.david@epamail.epa.gov

    RIN: 2060-AK17

    3212. NESHAP: SECONDARY LEAD SMELTING RESIDUAL RISK STANDARDS

    Priority: Other Significant

    Legal Authority: 42 USC 7412

    CFR Citation: 40 CFR 63

    Legal Deadline: Final, Statutory, June 23, 2003, -.

    Abstract: National emission standards for hazardous air pollutants

    (NESHAP) for secondary lead smelting were promulgated on June 23, 1995 under Clean Air Act Section 112(d). The standards establish emission limitations and work practice standards for all new and existing secondary lead smelters that produce refined lead from lead scrap, mainly lead acid batteries. Clean Air Act Section 112(f) requires us to assess within 8 years of promulgation of a NESHAP the remaining risk to the public and to develop additional more stringent standards if such standards are needed to protect the public health with an ample margin of safety. This action is to examine the remaining risk from secondary lead smelters and to develop new risk based standards, if warranted.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    To Be

    Determined

    Regulatory Flexibility Analysis Required: Undetermined

    Small Entities Affected: Businesses

    Government Levels Affected: None

    Additional Information: SAN 4665.

    Sectors Affected: 331492 Secondary Smelting, Refining, and Alloying of

    Nonferrous Metal (except Copper and Aluminum)

    Agency Contact: Iliam Rosario, Environmental Protection Agency, Air and

    Radiation, C439-02, Washington, DC 20460

    Phone: 919-541-5308

    Page 38233

    Fax: 919 541-5308

    Email: rosario.iliam@epamail.epa.gov

    Steve Fruh, Environmental Protection Agency, Air and Radiation, C439- 02, Washington, DC 20460

    Phone: 919-541-2837

    Fax: 919 541-3207

    Email: fruh.steve@epamail.epa.gov

    RIN: 2060-AK19

    3213. NESHAP: SHIPBUILDING AND SHIP REPAIR SURFACE COATING -- RESIDUAL

    RISK STANDARDS

    Priority: Other Significant

    Legal Authority: 42 USC 7412

    CFR Citation: 40 CFR 63

    Legal Deadline: Final, Statutory, December 31, 2003, -.

    Abstract: EPA developed technology-based standards for this source category under section 112(d) of the CAA, codified in 40 CFR Part 63,

    Subpart II. This source category covers air-toxic emissions from the painting, welding, and sandblasting of ships under construction or repair at major sources. 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

    To Be

    Determined

    Regulatory Flexibility Analysis Required: Undetermined

    Small Entities Affected: Businesses

    Government Levels Affected: Federal, State

    Additional Information: SAN 4666.

    Sectors Affected: 336611 Ship Building and Repairing

    Agency Contact: Mohamed Serageldin, Environmental Protection Agency,

    Air and Radiation, C539-03, Washington, DC 20460

    Phone: 919-541-2379

    Fax: 919 541-5689

    Email: serageldin.mohamed@epamail.epa.gov

    RIN: 2060-AK20

    3214. NESHAP: HALOGENATED SOLVENT CLEANING - RESIDUAL RISK STANDARDS

    Priority: Substantive, Nonsignificant

    Legal Authority: 42 USC 7412

    CFR Citation: 40 CFR 63

    Legal Deadline: Final, Statutory, December 2, 2002, -.

    Abstract: This action is required by the CAA to assess residual risk and develop standards as necessary to provide an ample margin of safety.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    08/00/05

    Final Action

    08/00/06

    Regulatory Flexibility Analysis Required: Undetermined

    Small Entities Affected: Businesses

    Government Levels Affected: Federal

    Additional Information: SAN 4668.

    Sectors Affected: 335999 All Other Miscellaneous Electrical Equipment and Component Manufacturing; 332999 All Other Miscellaneous Fabricated

    Metal Product Manufacturing; 336999 All Other Transportation Equipment

    Manufacturing; 337124 Metal Household Furniture Manufacturing; 332116

    Metal Stamping; 339 Miscellaneous Manufacturing; 336 Transportation

    Equipment Manufacturing

    Agency Contact: Lynn Dail, Environmental Protection Agency, Air and

    Radiation, C539-03, Washington, DC 20460

    Phone: 919-541-2363

    Fax: 919 541-5689

    Email: dail.lynn@epamail.epa.gov

    RIN: 2060-AK22

    3215. NESHAP: MAGNETIC TAPE MANUFACTURING OPERATIONS RESIDUAL RISK

    STANDARD

    Priority: Other Significant

    Legal Authority: 42 USC 7412

    CFR Citation: 40 CFR 63

    Legal Deadline: Final, Statutory, December 15, 2002, -.

    Abstract: EPA developed technology-based standards for this source category under section 112(d) of the CAA. The current action, required by section 112(f) of the CAA, is to assess residual risks and develop additional emission standards, as necessary, to provide an ample margin of safety. The facilities covered by the 112(d) standard and under investigation in the project are Magnetic Tape coatings facilities that manufacture audio and video recording and computer information storage, and emit major source levels of air toxics. There are a total of six facilities manufacturing magnetic tape in the nation. Half of these are located in the State of Alabama. We have completed the risk assessment, received Work Group comments, and are preparing for internal peer review.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    To Be

    Determined

    Regulatory Flexibility Analysis Required: Undetermined

    Small Entities Affected: Businesses

    Government Levels Affected: None

    Additional Information: SAN 4669.

    Sectors Affected: 334613 Magnetic and Optical Recording Media

    Manufacturing; 33461 Manufacturing and Reproducing Magnetic and Optical

    Media

    Agency Contact: Lynn Dail, Environmental Protection Agency, Air and

    Radiation, C539-03, Washington, DC 20460

    Phone: 919-541-2363

    Fax: 919 541-5689

    Email: dail.lynn@epamail.epa.gov

    RIN: 2060-AK23

    3216. 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

    Page 38234

    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

    To Be

    Determined

    Regulatory Flexibility Analysis Required: Undetermined

    Small Entities Affected: Businesses

    Government Levels Affected: Undetermined

    Additional Information: SAN 4664.

    Sectors Affected: 322221 Coated and Laminated Packaging Paper and

    Plastics Film Manufacturing; 322222 Coated and Laminated Paper

    Manufacturing; 323112 Commercial Flexographic Printing; 323111

    Commercial Gravure Printing; 322212 Folding Paperboard Box

    Manufacturing; 322225 Laminated Aluminum Foil Manufacturing for

    Flexible Packaging Uses; 323119 Other Commercial Printing; 322223

    Plastics, Foil, and Coated Paper Bag Manufacturing

    Agency Contact: Dave Salman, Environmental Protection Agency, Air and

    Radiation, C539-03, Research Triangle Park, NC 27711

    Phone: 919-541-0859

    Fax: 919 541-5689

    Email: salman.dave@epamail.epa.gov

    RIN: 2060-AK24

    3217. 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

    To Be

    Determined

    Regulatory Flexibility Analysis Required: Undetermined

    Small Entities Affected: Businesses

    Government Levels Affected: None

    Additional Information: SAN 4663.

    Sectors Affected: 32411 Petroleum Refineries

    Agency Contact: Bob Lucas, Environmental Protection Agency, Air and

    Radiation, C439-03, Washington, DC 20460

    Phone: 919-541-0884

    Fax: 919-541-0246

    Email: lucas.bob@epamail.epa.gov

    Kent Hustvedt, Environmental Protection Agency, Air and Radiation,

    C439-04, Research Triangle Park, NC 27711

    Phone: 919-541-5395

    Fax: 919 541-0246

    Email: hustvedt.ken@epamail.epa.gov

    RIN: 2060-AK25

    3218. 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

    To Be

    Determined

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: Businesses

    Government Levels Affected: Federal, State

    Additional Information: SAN 4750.

    Agency Contact: Phil Mulrine, Environmental Protection Agency, Air and

    Radiation, MD-C439-02, Washington, DC 20460

    Phone: 919-541-5289

    Fax: 919 541-5450

    Email: mulrine.phil@epamail.epa.gov

    Steve Fruh, Environmental Protection Agency, Air and Radiation, C439- 02, Washington, DC 20460

    Phone: 919-541-2837

    Fax: 919 541-3207

    Email: fruh.steve@epamail.epa.gov

    RIN: 2060-AK72

    3219. NESHAP: GROUP I POLYMERS AND RESINS -- RESIDUAL RISK STANDARDS

    Priority: Substantive, Nonsignificant

    Legal Authority: 42 USC 7401 et seq

    CFR Citation: 00 CFR NYD

    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

    To Be

    Determined

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Additional Information: SAN 4656.

    Page 38235

    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

    Randy Waite, Environmental Protection Agency, Air and Radiation, C540- 04, Research Triangle Park, NC 27711

    Phone: 919-541-5447

    Fax: 919-541-3470

    Email: waite.randy@epa.gov

    RIN: 2060-AK12

    3220. NESHAP: HAZARDOUS ORGANIC NESHAP (HON) RESIDUAL RISK STANDARDS

    Priority: Other Significant

    Legal Authority: 42 USC 7412

    CFR Citation: 40 CFR 63

    Legal Deadline: Final, Statutory, April 22, 2003, -.

    Abstract: EPA developed technology-based standards for this source category under section 112(d) of the CAA. The current action, required by section 112(f) of the CAA, is to assess residual risks and develop additional emission standards, as necessary, to provide an ample margin of safety. This rule will cover the major sources of air emissions within the synthetic organic chemical industry.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    To Be

    Determined

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Additional Information: SAN 4659.

    Sectors Affected: 325 Chemical Manufacturing

    Agency Contact: Mark Morris, Environmental Protection Agency, Air and

    Radiation, C404-01, Washington, DC 20460

    Phone: 919-541-5416

    Fax: 919 541-0840

    Email: morris.mark@epamail.epa.gov

    Dave Guinnup, Environmental Protection Agency, Air and Radiation, C404- 01, Washington, DC 20460

    Phone: 919-541-5368

    Fax: 919 541-0840

    Email: guinnup.dave@epamail.epa.gov

    RIN: 2060-AK14

    3221. NESHAP: GROUP IV POLYMERS AND RESINS--RESIDUAL RISK STANDARDS

    Priority: Substantive, Nonsignificant

    Legal Authority: 42 USC 7401 et seq

    CFR Citation: Not Yet Determined

    Legal Deadline: Final, Statutory, September 12, 2004.

    Abstract: EPA developed technology-based standards for this source category under section 112(d) of the CAA, codified in 40 CFR Part 63,

    Subpart JJJ. This source category covers chemical process units used to manufacture thermoplastic products from raw materials. The current action, required by section 112(f) of the CAA, is to assess residual risks from this same source category, and develop additional emission standards, as necessary, to provide an ample margin of safety.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    To Be

    Determined

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Additional Information: SAN 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

    Randy Waite, Environmental Protection Agency, Air and Radiation, C540- 04, Research Triangle Park, NC 27711

    Phone: 919-541-5447

    Fax: 919-541-3470

    Email: waite.randy@epa.gov

    RIN: 2060-AK15

    3222. 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 4 separate petitions. See Additional Information.

    Abstract: In April through July 1999, 3 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 8 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

    Page 38236

    and Radiation, MD-15, 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, Washington, DC 20460

    Phone: 919-541-5565

    Fax: 919 541-0824

    Email: cole.david@epamail.epa.gov

    RIN: 2060-AI99

    3223. STREAMLINED EVAPORATIVE TEST PROCEDURES

    Priority: Substantive, Nonsignificant

    Legal Authority: 42 USC 7521(m)

    CFR Citation: 40 CFR 86 (Revision)

    Legal Deadline: None

    Abstract: This action will streamline the test procedure used to establish compliance with evaporative emission requirements for light duty vehicles and trucks. The current test procedure requires both two and three day diurnal emission tests, as well as running-loss testing.

    The revisions will delete the three day requirement and add flexibilities for running-loss compliance. This will enable manufacturers to save significant resources without any decrease in environmental benefits.

    Timetable:

    Action

    Date

    FR Cite

    Direct Final Rule

    08/00/05

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Additional Information: SAN 3910.

    Agency Contact: David Good, Environmental Protection Agency, Air and

    Radiation, NFEVL, Ann Arbor, MI 49105

    Phone: 734-214-4450

    Email: good.david@epamail.epa.gov

    RIN: 2060-AH34

    3224. CONTROL OF METHYL TERTIARY BUTYL ETHER (MTBE)

    Priority: Substantive, Nonsignificant

    Legal Authority: ``Not Yet Determined''

    CFR Citation: 00 CFR NYD

    Legal Deadline: None

    Abstract: EPA is considering taking action to control the use of Methyl

    Tertiary Butyl Ether (MTBE), which is an organic compound that is primarily used as a fuel additive in gasoline. MTBE has been used to meet the oxygen requirement established by the Federal Reformulated

    Gasoline Program (RFG) established by the 1990 amendments to the Clean

    Air Act (CAA). Over 85 percent of reformulated gasoline contains MTBE.

    EPA is concerned that the widespread use of MTBE may have resulted in the contamination of groundwater and drinking water supplies, threatening their future use. While current detections levels are generally believed to be below levels that may cause public health concerns, low level MTBE contamination may render water unpotable due to offensive taste and odor. In November of 1998, EPA established a

    Blue Ribbon Panel to investigate air quality benefits and water quality concerns associated with oxygenates, including MTBE, in gasoline, and to provide independent advice and recommendations on ways to maintain air quality while protecting water quality. In September, 1999, the panel recommended that the use of MTBE be substantially reduced. EPA is now evaluating the Blue Ribbon Panel's recommendations, and has conducted a preliminary review of authorities available to address risks associated with MTBE. EPA issued an Advance Notice of Proposed

    Rulemaking to inform the public of this preliminary inquiry, and to solicit public comment on possible regulatory action.

    Timetable:

    Action

    Date

    FR Cite

    ANPRM

    03/24/00

    65 FR 16094

    NPRM

    11/00/05

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: Businesses

    Government Levels Affected: State

    Additional Information: SAN 4393.

    Agency Contact: Joseph Bachman, Environmental Protection Agency, Air and Radiation, 5402, Washington, DC 20460

    Phone: 202-343-9373

    Fax: 202 565-2084

    Email: bachman.joseph@epamail.epa.gov

    Robert Perlis, Environmental Protection Agency, Air and Radiation, 2333A, Washington, DC 20460

    Phone: 202-564-5636

    Email: perlis.robert@epamail.epa.gov

    RIN: 2060-AJ00

    3225. OPERATING PERMITS: REVISIONS (PART 70)

    Priority: Other Significant

    Legal Authority: 42 USC 7661 et seq

    CFR Citation: 40 CFR 51; 40 CFR 52; 40 CFR 70

    Legal Deadline: None

    Abstract: In response to litigation on the operating permits rule regulations, 40 CFR part 70, to provide more effective implementation of part 70, and to address comments provided in response to notices of proposed rulemaking, parts 70, 51 and 52 are being revised. The changes will streamline the procedures for revising stationary-source operating permits issued by State and local permitting authorities under title V of the Clean Air Act.

    Timetable:

    Action

    Date

    FR Cite

    NPRM Original

    08/29/94

    59 FR 44460

    Supp NPRM 1

    04/27/95

    60 FR 20804

    Supp NPRM

    08/31/95

    60 FR 45530

    NPRM

    07/27/98

    63 FR 40053

    Supp NPRM 3

    To Be

    Determined

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: Businesses

    Government Levels Affected: State, Local

    Additional Information: SAN 3412.

    Agency Contact: Ray Vogel, Environmental Protection Agency, Air and

    Radiation, C304-03, Washington, DC 20460

    Phone: 919-541-3153

    Fax: 919 541-5509

    Email: vogel.ray@epamail.epa.gov

    Steve Hitte, Environmental Protection Agency, Air and Radiation, C304- 04, Washington, DC 20460

    Phone: 919-541-0886

    Fax: 919 541-5509

    Email: hitte.steve@epamail.epa.gov

    RIN: 2060-AF70

    Page 38237

    3226. REVISED PERMIT REVISION PROCEDURES FOR THE FEDERAL OPERATING

    PERMITS PROGRAM-PART 71

    Priority: Other Significant

    Legal Authority: 42 USC 7661(a)(d)(3)

    CFR Citation: 40 CFR 71.7

    Legal Deadline: None

    Abstract: The proposed regulatory change would streamline permit revisions procedures for stationary air sources that are subject to the

    Federal operating permits program.

    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 3922.

    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

    Steve Hitte, Environmental Protection Agency, Air and Radiation, C304- 04, Washington, DC 20460

    Phone: 919-541-0886

    Fax: 919 541-5509

    Email: hitte.steve@epamail.epa.gov

    RIN: 2060-AG92

    3227. 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 selects the sanction order; EPA's only discretion concerns the ordering of sanctions as discussedabove. 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 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

    Steve Hitte, Environmental Protection Agency, Air and Radiation, C304- 04, Washington, DC 20460

    Phone: 919-541-0886

    Fax: 919 541-5509

    Email: hitte.steve@epamail.epa.gov

    RIN: 2060-AK46

    3228. 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

    12/00/05

    Final Action

    12/00/06

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: Businesses

    Government Levels Affected: Undetermined

    Additional Information: SAN 3263.

    Agency Contact: Buddy Polovick, Environmental Protection Agency, Air and Radiation, 6406, Washington, DC 20460

    Phone: 734-214-4928

    Fax: 734 214-4052

    Email: polovick.buddy@epamail.epa.gov

    RIN: 2060-AE20

    3229. 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

    Page 38238

    Small Entities Affected: No

    Government Levels Affected: Undetermined

    Additional Information: SAN 3917.

    Agency Contact: Angela Spickard, Environmental Protection Agency, Air and Radiation, NFEVL, Ann Arbor, MI 49105

    Phone: 734-214-4283

    Email: spickard.angela@epamail.epa.gov

    RIN: 2060-AH31

    3230. INSPECTION MAINTENANCE PROGRAM REQUIREMENTS FOR FEDERAL

    FACILITIES; AMENDMENT TO THE FINAL RULE

    Priority: Other Significant

    Legal Authority: 23 USC 101; 42 USC 7401 et seq

    CFR Citation: 40 CFR 51 (Revision); 40 CFR 93 (New)

    Legal Deadline: None

    Abstract: The Environmental Protection Agency (EPA) has had oversight and policy development authority for Inspection and Maintenance (I/M) programs since the passage of the Clean Air Act (CAA) in 1970. The 1977 amendments to the CAA mandated I/M for certain areas with long-term air quality problems and the 1990 amendments set forth standards for implementation of I/M programs. EPA used the statutory requirements of the Act, including I/M requirements for Federal facilities, to promulgate regulations which states would use in the development of their I/M State Implementation Plans (SIPs). Those rule requirements effectively gave States certain authorities over the Federal government. The Department of Justice has now ruled that Federal sovereign immunity was not fully waived under the CAA for those requirements and EPA should amend its rule to remove the requirement that States include those elements in their SIPs. EPA is proposing to:

    (1) Amend the Federal facilities I/M requirements by removing that section; (2) correct existing I/M SIP approval actions which include these elements; (3) establish new Federal facilities I/M program requirements which Federal facilities in I/M program areas must meet in order to comply with the Act; and (4) designate for each State which section of the Act Federal agencies must comply with based on how that

    State promulgated its I/M regulations. These changes will have minimal to no impact on the States as no new requirements are being created.

    The States are under no obligation, legal or otherwise, to modify existing SIPs meeting the previously applicable requirements as a result of this action, nor will emissions reduction credit be affected.

    However, the changes will clarify for affected Federal facilities what they must do to meet the CAA requirements by establishing new regulations per those requirements.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    To Be

    Determined

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: Federal, State

    Additional Information: SAN 4348.

    Agency Contact: Buddy Polovick, Environmental Protection Agency, Air and Radiation, 6406, Washington, DC 20460

    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, Washington, DC 20460

    Phone: 202-564-5592

    Email: schneeberg.sara@epamail.epa.gov

    RIN: 2060-AI97

    3231. RESCINDING FINDING THAT PREEXISTING PM10 STANDARDS NO LONGER

    APPLICABLE IN NORTHERN ADA COUNTY/BOISE, IDAHO

    Priority: Substantive, Nonsignificant

    Legal Authority: 42 USC 7401 et seq

    CFR Citation: 40 CFR 50.6(d); 40 CFR 52.676; 40 CFR 81.313

    Legal Deadline: None

    Abstract: The EPA had previously taken action to revoke the PM-10 national ambient air quality standards (NAAQS) for the Boise/Ada County area in anticipation that a revised PM-10 NAAQS would soon be in place.

    However, the DC Circuit court subsequently vacated the revised PM-10

    NAAQS, the effectiveness of which served as the underlying basis for

    EPA's decision to revoke the preexisting PM-10 NAAQS. Therefore, in order to protect public health in the Boise/Ada County area, EPA is proposing to reinstate the pre-existing PM-10 NAAQS. Without this action there would be no Federal PM-10 NAAQS applicable to this area.

    This action is tentatively subject to the terms of a settlement agreement that was signed by all parties in January 2001. A Federal

    Register notice of the proposed settlement requesting public comment was published January 30, 2001 in accordance with section 113(g) of the

    Act. No negative comments were received. EPA/DOJ signed the settlement agreement and the State is in the processof carrying out its obligations under the settlement agreement. The State submitted its maintenance plan for Boise on 9/27/2002. Under the settlement, EPA agreed to take final action on the State's submittal by 9/30/2003. On

    July 30, 2003 a Federal Register notice was published proposing to rescind the finding that the 1987 PM10 NAAQS are not applicable in the

    Ada County/Boise, Idaho area, and simultaneously, to approve a PM10 SIP maintenance plan for the Ada County/Boise Idaho area and to redesignate the area from nonattainment to attainment. There will be a 30-day comment period. Written comments must be received on or before August 29, 2003. Under the settlement agreement, we must sign and forward to the Federal Register office our final action by September 30, 2003.

    Timetable:

    Action

    Date

    FR Cite

    NPRM 1

    06/26/00

    65 FR 39321

    Notice

    07/26/00

    65 FR 45953

    NPRM

    07/30/03

    68 FR 44715

    Next Action Undetermined

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: Governmental Jurisdictions

    Government Levels Affected: Local, State

    Additional Information: SAN 4391.

    Agency Contact: Gary Blais, Environmental Protection Agency, Air and

    Radiation, MD-15, C504-02, RTP, NC 27711

    Phone: 919-541-3223

    Fax: 919 541-5489

    Page 38239

    Email: blais.gary@epamail.epa.gov

    Geoffrey Wilcox, Environmental Protection Agency, Air and Radiation, 2344A, Washington, DC 20460

    Phone: 202-564-5601

    Email: wilcox.geoffrey@epamail.epa.gov

    RIN: 2060-AJ05

    3232. PREVENTION OF SIGNIFICANT DETERIORATION (PSD) AND NONATTAINMENT

    NEW SOURCE REVIEW (NSR): CLEAN UNITS

    Priority: Other Significant

    Legal Authority: 42 USC 7401 et seq

    CFR Citation: 40 CFR 51

    Legal Deadline: None

    Abstract: This proposed rule would revise the provisions for the clean unit test contained in the major New Source Review (NSR) requirements.

    This action proposes to revise the length of the clean unit designation period contained in the final NSR rules. The current rules allow for clean unit designation to be used for 10 years provided the source meets the requirements to maintain clean unit status. This proposed rule would recognize that the average life expectancy of control equipment is 15 years rather than the 10 years contained in the final rules. Permitting agencies and industry will benefit from this action by potentially reducing the number of future permit actions. As a result, this action reduces the compliance burden, including annual compliance costs, for all sources subject to the major NSR program requirements.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    01/00/07

    Final Action

    To Be

    Determined

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: Federal, State

    Additional Information: SAN 4691.

    Agency Contact: Juan Santiago, Environmental Protection Agency, Air and

    Radiation, C33903, Washington, DC 20460

    Phone: 919-541-1084

    Fax: 919 541-5509

    Email: santiago.juan@epamail.epa.gov

    Lynn Hutchinson, Environmental Protection Agency, Air and Radiation,

    C33903, Washington, DC 20460

    Phone: 919-541-5795

    Fax: 919 541-5509

    Email: hutchinson.lynn@epamail.epa.gov

    RIN: 2060-AK42

    3233. AMENDMENTS TO THE REQUIREMENTS ON VARIABILITY IN THE COMPOSITION

    OF ADDITIVES CERTIFIED UNDER THE GASOLINE DEPOSIT CONTROL PROGRAM

    Priority: Substantive, Nonsignificant

    Legal Authority: 42 USC 7414; 42 USC 7545; 42 USC 7601(a)

    CFR Citation: 40 CFR 80

    Legal Deadline: Other, Statutory, May 30, 2001, Settlement Agreement with American Chemistry Council in 8/2000 requires publication of NPRM

    ``as expeditiously as practicable.''.

    Abstract: A Direct Final Rule (DFRM) and parallel Notice of Proposed

    Rule (NPRM) was published on November 5, 2001 in response to a settlement agreement reached with the American Chemical Council (ACC) regarding their litigation on the Gasoline Deposit Control Additive

    Rule. This litigation pertained to the information that manufacturers must provide on additive composition at the time of certification.

    Adverse comments were received on two of the four amendments. A partial withdrawal notice was published on January 24, 2002 which withdrew the amendments on which we received adverse comments. In this action, we plan to finalize the provisions that were withdrawn. The provisions we plan to finalize are based on an ACC consensus position, which reduces the burden on manufacturers in demonstrating compliance with limits on the compositional variability of the deposit control additives, while maintaining the emissions control benefits of the gasoline deposit control program.

    Timetable:

    Action

    Date

    FR Cite

    Direct Final Action 1

    11/05/01

    66 FR 55885

    Final Action 2

    11/00/05

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Additional Information: SAN 4557.1. Split from RIN 2060-AJ69. Action is consistent with Settlement Agreement signed with American Chemistry

    Council in January 2000, which became final in August, 2000 (no comments were received in the public notice and comment). ACC v. EPA,

    D.C. Cir. No. 94-1778 (consol).

    Sectors Affected: 325998 All Other Miscellaneous Chemical Product

    Manufacturing

    Agency Contact: Jeff Herzog, Environmental Protection Agency, Air and

    Radiation, ASD, Washington, DC 20460

    Phone: 734-214-4227

    Fax: 734 214-4816

    Email: herzog.jeff@epamail.epa.gov

    Andrea Medici, Environmental Protection Agency, Air and Radiation,

    ARLO/PTSLO, Washington, DC 20460

    Phone: 202-564-5634

    Fax: 202 564-5653

    Email: medici.andrea@epamail.epa.gov

    RIN: 2060-AK62

    3234. 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 OAQPS 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

    Page 38240

    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, State, Local, Tribal

    Additional Information: SAN 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 and

    Radiation, C504-02, Research Triangle Park, NC 27711

    Phone: 919-541-5135

    Fax: 919 541-5509

    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

    3235. 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 separateaction, 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

    Next Action Undetermined

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: State, Local

    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, Washington, DC 20460

    Phone: 919-541-5565

    Fax: 919 541-0824

    Email: cole.david@epamail.epa.gov

    Valerie Broadwell, Environmental Protection Agency, Air and Radiation,

    C539-02, Washington, DC 20460

    Phone: 919-541-3310

    Fax: 919 541-0824

    Email: broadwell.valerie@epamail.epa.gov

    RIN: 2060-AL85

    3236. CONSIDERATION OF INDUSTRY PETITION TO REMOVE THE 2-PIECE CAN

    SUBCATEGORY FROM THE CLEAN AIR ACT HAZARDOUS AIR POLLUTANT SOURCE

    CATEGORY LIST

    Priority: Substantive, Nonsignificant

    Legal Authority: 42 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 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: Undetermined

    Additional Information: SAN 4799.

    Page 38241

    Agency Contact: Kelly Rimer, Environmental Protection Agency, Air and

    Radiation, C404-01, Washington, DC 20460

    Phone: 919-541-2962

    Fax: 919 541-0840

    Email: rimer.kelly@epamail.epa.gov

    Dave Guinnup, Environmental Protection Agency, Air and Radiation, C404- 01, Washington, DC 20460

    Phone: 919-541-5368

    Fax: 919 541-0840

    Email: guinnup.dave@epamail.epa.gov

    RIN: 2060-AL86

    3237. 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 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 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 4810.

    Agency Contact: Margaret Sieffert, Environmental Protection Agency, Air and Radiation, C439-02, Washington, DC 20460

    Phone: 312-353-1151

    Fax: 919 541-5450

    Email: sieffert.margaret@epamail.epa.gov

    Dave Guinnup, Environmental Protection Agency, Air and Radiation, C404- 01, Washington, DC 20460

    Phone: 919-541-5368

    Fax: 919 541-0840

    Email: guinnup.dave@epamail.epa.gov

    RIN: 2060-AL93

    3238. 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 (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 Jue 1, 2007.

    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 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, Washington, DC 20460

    Phone: 919-541-5167

    Fax: 919 541-5600

    Email: fairchild.susan@epamail.epa.gov

    Jim Crowder, Environmental Protection Agency, Air and Radiation, C504- 05, Washington, DC 20460

    Phone: 919-541-5596

    Fax: 919 541-5600

    Email: crowder.jim@epamail.epa.gov

    RIN: 2060-AL96

    3239. 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

    To Be

    Determined

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: Businesses

    Page 38242

    Government Levels Affected: Undetermined

    Additional Information: SAN 4831.

    Agency Contact: Maria Noell, Environmental Protection Agency, Air and

    Radiation, C504-04, Washington, DC 20460

    Phone: 919-541-5607

    Fax: 919 541-3470

    Email: noell.maria@epamail.epa.gov

    Warren Johnson, Environmental Protection Agency, Air and Radiation,

    C504-04, Washington, DC 20460

    Phone: 919-541-5124

    Fax: 919 541-3470

    Email: johnson.warren@epamail.epa.gov

    RIN: 2060-AL99

    3240. 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

    To Be

    Determined

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: Businesses

    Government Levels Affected: Federal, State

    Additional Information: SAN 4832.

    Agency Contact: Randy McDonald, Environmental Protection Agency, Air and Radiation, C504-04, Research Triangle Park, NC 27711

    Phone: 919-541-5402

    Email: mcdonald.randy@epa.gov

    Randy Waite, Environmental Protection Agency, Air and Radiation, C540- 04, Research Triangle Park, NC 27711

    Phone: 919-541-5447

    Fax: 919-541-3470

    Email: waite.randy@epa.gov

    RIN: 2060-AM00

    3241. [bullet][ls-thn-eq] NESHAP: AREA SOURCE STANDARDS--PAINT STRIPPING

    Priority: Substantive, Nonsignificant

    Legal Authority: 42 USC 7412

    CFR Citation: 40 CFR 63

    Legal Deadline: Final, Statutory, November 30, 2000.

    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 one site. As part of that strategy, several area-source categories were listed for possible regulation. Paint stripping area sources was listed as one of those categories, and this rulemaking will address measures to control pollution from the paint-stripping category.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    To Be

    Determined

    Regulatory Flexibility Analysis Required: Undetermined

    Government Levels Affected: Undetermined

    Additional Information: SAN 4861.

    Agency Contact: Tony Wayne, Environmental Protection Agency, Air and

    Radiation, C435-09, Washington, DC 20460

    Phone: 919-541-5439

    Fax: 919 541-0942

    Email: wayne.tony@epamail.epa.gov

    RIN: 2060-AM07

    3242. [bullet][ls-thn-eq] PROTECTION OF STRATOSPHERIC OZONE: AMENDMENTS

    TO THE SECTION 608 LEAK REPAIR REGULATIONS

    Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined.

    Legal Authority: 42 USC 7401 to 7671q

    CFR Citation: 40 CFR 82, subpart F

    Legal Deadline: None

    Abstract: This rulemaking will propose changes and amendments to the refrigerant leak repair regulations (40 CFR 82, subpart F) promulgated under Section 608 of the Clean Air Act. The goal of the regulations is to protect the stratospheric ozone layer by promulgating regulations that reduce the use and emissions of ozone-depleting refrigerants to the lowest achievable level. This proposal will clarify the leak repair regulations by requiring that owners and operators of comfort cooling, commercial refrigeration, and industrial process refrigeration appliances that have ozone-depleting charges greater than 50 pounds calculate leak rates, verify all repairs, and document repair efforts.

    This rulemaking will provide further clarity by adding definitions and discussing compliance scenarios.

    Timetable:

    Action

    Date

    FR Cite

    Final Action

    07/00/05

    Regulatory Flexibility Analysis Required: Undetermined

    Government Levels Affected: Federal

    Additional Information: SAN 4856.

    Agency Contact: Julius Banks, Environmental Protection Agency, Air and

    Radiation, 6205J, Washignton, DC 20460

    Phone: 202-343-9870

    Fax: 202-565-2155

    Email: banks.julius@epamail.epa.gov

    Nancy Smagin, Environmental Protection Agency, Air and Radiation, 6205J, Washington, DC 20460

    Phone: 202-343-9126

    Fax: 202 343-2338

    Email: smagin.nancy@epamail.epa.gov

    RIN: 2060-AM09

    3243. [bullet][ls-thn-eq] NESHAP: ASPHALT PROCESSING AND ASPHALT ROOFING

    MANUFACTURING--AMENDMENTS

    Priority: Substantive, Nonsignificant

    Legal Authority: 42 USC 7401 et seq

    CFR Citation: 40 CFR 63 (Revision)

    Legal Deadline: None

    Abstract: This action is a direct final amendment with an accompanying proposal to the national emission standards for hazardous air pollutants for asphalt processing and asphalt

    Page 38243

    roofing manufacturing that will correct minor errors in that rule.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    To Be

    Determined

    Regulatory Flexibility Analysis Required: Undetermined

    Government Levels Affected: None

    Additional Information: SAN 4855.

    Agency Contact: Rick Colyer, Environmental Protection Agency, Air and

    Radiation, C504-05, Washington, DC 20460

    Phone: 919-541-5262

    Email: colyer.rick@epamail.epa.gov

    Jim Crowder, Environmental Protection Agency, Air and Radiation, C504- 05, Washington, DC 20460

    Phone: 919-541-5596

    Fax: 919 541-5600

    Email: crowder.jim@epamail.epa.gov

    RIN: 2060-AM10

    3244. [bullet][ls-thn-eq] NESHAP: AREA SOURCE STANDARDS--GLASS

    MANUFACTURING INDUSTRY

    Priority: Substantive, Nonsignificant

    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) outlines the statutory requirements for the EPA's stationary source air toxics program. The

    ESD is currently working on the section 112(k) area source strategy to address 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. The IntegratedUrban 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. This component includes the development of MACT standards under section 112(d), MACT or generally available control technology

    (GACT) standards112(k), residual risk standards under 112(f), and other standards to regulate emissions of air toxics from specific sources.

    The EPA will consider development of a NESHAP for glass manufacturing area sources under section 112(k). Section 112(k) requires the development of standards for area sources which account for 90% of theemissions 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 MACT or GACT, as defined in section 112. The processes involved in glass manufacturing are known to emit arsenic and lead. In 1986, EPA promulgated the NESHAP for Inorganic Arsenic Emissions From Glass

    Manufacturing Plants. Since that time, EPA has re-evaluated both the carcinogenicit4/10/1998) and the oral RfD assessment (02/01/1993) for arsenic.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    To Be

    Determined

    Regulatory Flexibility Analysis Required: Undetermined

    Government Levels Affected: Undetermined

    Additional Information: SAN 4873.

    Agency Contact: Susan Fairchild, Environmental Protection Agency, Air and Radiation, C-504-05, Washington, DC 20460

    Phone: 919-541-5167

    Fax: 919 541-5600

    Email: fairchild.susan@epamail.epa.gov

    Jim Crowder, Environmental Protection Agency, Air and Radiation, C504- 05, Washington, DC 20460

    Phone: 919-541-5596

    Fax: 919 541-5600

    Email: crowder.jim@epamail.epa.gov

    RIN: 2060-AM12

    3245. [bullet][ls-thn-eq] NESHAP: AREA SOURCE STANDARDS--ACRYLIC/

    MODACRYLIC FIBER (AMF) PRODUCTION

    Priority: Substantive, Nonsignificant

    Legal Authority: 42 USC 7412

    CFR Citation: 40 CFR 63

    Legal Deadline: NPRM, Statutory, September 15, 2005.

    Final, Statutory, September 15, 2006.

    Abstract: This regulation is being pursued under the Clean Air Act, section 112(k). Under section 112(k), EPA developed a national strategy to address air-toxic pollution from ``area'' sources, which are sources consisting of several small pollution sources grouped within one site.

    As part of that strategy, several area-source categories were listed for possible regulation. Acrylic/modacrylic fiber production sources was listed as one of those categories, and this rulemaking will address measures to control pollution from AMF facilities.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    To Be

    Determined

    Regulatory Flexibility Analysis Required: Undetermined

    Government Levels Affected: None

    Additional Information: SAN 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, C435-09, Washington, DC 20460

    Phone: 919-541-5439

    Fax: 919 541-0942

    Email: wayne.tony@epamail.epa.gov

    RIN: 2060-AM13

    3246. [bullet][ls-thn-eq] NESHAP: AREA SOURCE STANDARDS--OIL AND NATURAL

    GAS PRODUCTION

    Priority: Substantive, Nonsignificant

    Legal Authority: 42 USC 7412

    CFR Citation: 40 CFR 63.760 to 779

    Legal Deadline: Final, Statutory, November 30, 2000.

    Abstract: This regulation is being pursued under the Clean Air Act,

    Section 112(k). Under section 112(k),

    Page 38244

    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.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    To Be

    Determined

    Regulatory Flexibility Analysis Required: Undetermined

    Government Levels Affected: Undetermined

    Additional Information: SAN 4875.

    Agency Contact: Greg Nizich, Environmental Protection Agency, Air and

    Radiation, C439-04, Washington, DC 20460

    Phone: 919-541-3078

    Fax: 919 541-0246

    Email: nizich.greg@epamail.epa.gov

    Kent Hustvedt, Environmental Protection Agency, Air and Radiation,

    C439-04, Research Triangle Park, NC 27711

    Phone: 919-541-5395

    Fax: 919 541-0246

    Email: hustvedt.ken@epamail.epa.gov

    RIN: 2060-AM16

    3247. [bullet][ls-thn-eq] 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 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

    To Be

    Determined

    Regulatory Flexibility Analysis Required: Undetermined

    Government Levels Affected: Undetermined

    Additional Information: SAN 4847.

    Agency Contact: Greg Nizich, Environmental Protection Agency, Air and

    Radiation, C439-04, Washington, DC 20460

    Phone: 919-541-3078

    Fax: 919 541-0246

    Email: nizich.greg@epamail.epa.gov

    Kent Hustvedt, Environmental Protection Agency, Air and Radiation,

    C439-04, Research Triangle Park, NC 27711

    Phone: 919-541-5395

    Fax: 919 541-0246

    Email: hustvedt.ken@epamail.epa.gov

    RIN: 2060-AM18

    3248. [bullet][ls-thn-eq] 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

    To Be

    Determined

    Regulatory Flexibility Analysis Required: Undetermined

    Government Levels Affected: Undetermined

    Additional Information: SAN 4874.

    Agency Contact: Rick Colyer, Environmental Protection Agency, Air and

    Radiation, C504-05, Washington, DC 20460

    Phone: 919-541-5262

    Email: colyer.rick@epamail.epa.gov

    Jim Crowder, Environmental Protection Agency, Air and Radiation, C504- 05, Washington, DC 20460

    Phone: 919-541-5596

    Fax: 919 541-5600

    Email: crowder.jim@epamail.epa.gov

    RIN: 2060-AM19

    3249. [bullet][ls-thn-eq] NESHAP: TOTAL FACILITY LOW RISK DETERMINATION

    (TFLRD) FOR RESIDUAL RISK

    Priority: Substantive, Nonsignificant

    Legal Authority: 42 USC 7412

    CFR Citation: 40 CFR 63

    Legal Deadline: None

    Abstract: Section 112(f) of the Clean Air Act requires that we assess residual risk remaining after MACT and develop additional emission standard, as necessary, to provide an ample margin of safety. Many facilities have numerous MACT standards that they are subject to. This action will provide a procedure for facilities to assess risk, and if a facility wide low risk determination can be shown, to avoid applicable residual risk standards. The evaluation will be made on a facility wide

    HAP emissions basis.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    To Be

    Determined

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: Undetermined

    Additional Information: SAN 4848.

    Agency Contact: Bob Lucas, Environmental Protection Agency, Air and

    Radiation, C439-03, Washington, DC 20460

    Phone: 919-541-0884

    Fax: 919-541-0246

    Email: lucas.bob@epamail.epa.gov

    Kent Hustvedt, Environmental Protection Agency, Air and Radiation,

    C439-04, Research Triangle Park, NC 27711

    Page 38245

    Phone: 919-541-5395

    Fax: 919 541-0246

    Email: hustvedt.ken@epamail.epa.gov

    RIN: 2060-AM22

    3250. [bullet][ls-thn-eq] 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

    01/00/07

    Final Action

    01/00/08

    Regulatory Flexibility Analysis Required: Undetermined

    Small Entities Affected: Businesses

    Government Levels Affected: Undetermined

    Federalism: Undetermined

    Additional Information: SAN 4879.

    Agency Contact: Conrad Chin, Environmental Protection Agency, Air and

    Radiation, C439-02, Washington, DC 20460

    Phone: 919-541-1512

    Fax: 919 541-3207

    Email: chin.conrad@epamail.epa.gov

    Steve Fruh, Environmental Protection Agency, Air and Radiation, C439- 02, Washington, DC 20460

    Phone: 919-541-2837

    Fax: 919 541-3207

    Email: fruh.steve@epamail.epa.gov

    RIN: 2060-AM36

    3251. [bullet][ls-thn-eq] NESHAP: AREA SOURCE STANDARDS--PLATING AND

    POLISHING

    Priority: Substantive, Nonsignificant

    Legal Authority: Clean Air Act Section 112

    CFR Citation: 40 CFR Part 63

    Legal Deadline: Final, Statutory, November 30, 2000.

    Abstract: Section 112 of the Clean Air Act (CAA) outlines the statutory requirements for the EPA's stationary source air toxics program.

    Section 112(k) requires the development of standards for area sources which account for 90% 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

    To Be

    Determined

    Regulatory Flexibility Analysis Required: Undetermined

    Government Levels Affected: Undetermined

    Additional Information: SAN 4886.

    Agency Contact: Phil Mulrine, Environmental Protection Agency, Air and

    Radiation, MD-C439-02, Washington, DC 20460

    Phone: 919-541-5289

    Fax: 919 541-5450

    Email: mulrine.phil@epamail.epa.gov

    RIN: 2060-AM37

    3252. [bullet][ls-thn-eq] 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: C;lean Air Act sec112

    CFR Citation: 40 CFR 63

    Legal Deadline: Final, Statutory, November 30, 2000.

    Abstract: Section 112 of the Clean Air Act (CAA) outlines the statutory requirements for EPA's stationary source air toxics program. Section 112(k) requires development of standards for area sources which account for 90 percent of the emissions in urban areas of the 33 urban hazardous pollutants (HAP) listed in the Integrated Urban Air Toxics

    Strategy. These area source standards can require control levels which are equivalent to either maximum achievable control technology (MACT) or generally available control technology (GACT). The Integrated Air

    Toxics Strategy lists industrial boilers and commercial/institutional boilers as area source categories.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    To Be

    Determined

    Regulatory Flexibility Analysis Required: Undetermined

    Government Levels Affected: Undetermined

    Federalism: Undetermined

    Additional Information: SAN 4884.

    Agency Contact: Jim Eddinger, Environmental Protection Agency, Air and

    Radiation, C439-01, Washington, DC 20460

    Phone: 919-541-5426

    Fax: 919 541-5450

    Email: eddinger.jim@epamail.epa.gov

    RobertJ Wayland, Environmental Protection Agency, Air and Radiation,

    C439-01, Washington, DC 20460

    Phone: 919-541-1045

    Fax: 919 541-5450

    Email: wayland.robertj@epamail.epa.gov

    RIN: 2060-AM44

    3253. [bullet][ls-thn-eq] PROTECTION OF STRATOSPHERIC OZONE: SUBSTITUTE

    REFRIGERANT RECYCLING; AMENDMENT TO THE DEFINITION OF REFRIGERANT

    Priority: Substantive, Nonsignificant

    Legal Authority: 42 U.S.C. 7401 et seq

    CFR Citation: 40 CFR 82.154(a)

    Legal Deadline: None

    Page 38246

    Abstract: This action will correct the final rule entitled ``Protection of Stratospheric Ozone: Refrigerant Recycling; Substitute

    Refrigerants'' which was promulgated in the Federal Register on March 12, 2004 (69 FR 11946). Specifically, EPA is amending the regulatory text for the definition of ``refrigerant'' at 40 CFR 82.152 and the prohibition against venting substitute refrigerants at 40 CFR 82.154(a). These corrections reflect the preamble and intent of the

    March 12, 2004 rule that maintained the statutory venting prohibition while not otherwise regulating the sales or handling of substitute refrigerants that do not consist of an ozone-depleting substance (ODS), namely pure hydrofluorocarbon (HFC) and perfluorocarbon (PFC) refrigerants. Failure to make this correction would result in the unintentional regulation of substances that do not damage the ozone layer. EPA has not been granted authority to promulgate such regulations under the CAA.

    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 4917.

    Agency Contact: Julius Banks, Environmental Protection Agency, Air and

    Radiation, 6205J, Washignton, DC 20460

    Phone: 202-343-9870

    Fax: 202-565-2155

    Email: banks.julius@epamail.epa.gov

    Tom Land, Environmental Protection Agency, Air and Radiation, 6205J,

    Washington, DC 20460

    Phone: 202-343-9185

    Fax: 202-565-2155

    Email: land.tom@epamail.epa.gov

    RIN: 2060-AM51

    3254. [bullet][ls-thn-eq] NESHAP: AREA SOURCE STANDARDS--CLAY CERAMICS

    INDUSTRY

    Priority: Substantive, Nonsignificant

    Unfunded Mandates: Undetermined

    Legal Authority: Clean Air Act sec 112

    CFR Citation: 40 CFR 63

    Legal Deadline: None

    Abstract: Section 112 or the Clean Air Act (CAA) outlines the statutory requirements for the EPA's stationary source air toxics program.

    Section 112(k) requires the development of standards for area sources which account for 90 percent of the emissions in urban areas of the 33 urban hazardous air pollutants (HAP) listed in the Integrated Urban Air

    Toxics Strategy. These area source standards can require control levels which are equivalent to either maximum achievable control technology

    (MACT) or generally available control technology (GACT), as defined in section 112.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    05/00/06

    Final Action

    05/00/07

    Regulatory Flexibility Analysis Required: Undetermined

    Government Levels Affected: None

    Additional Information: SAN 4906.

    Agency Contact: Joseph Wood, Environmental Protection Agency, Air and

    Radiation, C504-05, Research Triangle Park, NC 27711

    Phone: 919 541-5446

    Fax: 919 541-5600

    Email: wood.joe@epa.gov

    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

    RIN: 2060-AM53

    Environmental Protection Agency (EPA)

    Completed Actions

    Clean Air Act (CAA)

    3255. ACCIDENTAL RELEASE PREVENTION REQUIREMENTS: RISK MANAGEMENT

    PROGRAMS REQUIREMENTS UNDER CLEAN AIR ACT SECTION 112(R)(7); AMENDMENTS

    TO THE SUBMISSION SCHEDULE AND DATA REQUIREMENTS

    Priority: Other Significant. Major under 5 USC 801.

    CFR Citation: 40 CFR 68

    Completed:

    Reason

    Date

    FR Cite

    Final Action

    04/09/04

    69 FR 18819

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Agency Contact: Vanessa Rodriguez

    Phone: 202-564-7913

    Fax: 202 564-8233

    Email: rodriguez.vanessa@epamail.epa.gov

    RIN: 2050-AF09

    3256. PETITIONS TO DELIST SOURCE CATEGORIES FROM THE SOURCE CATEGORY

    LIST, DEVELOPED PURSUANT TO SECTION 112(C) OF THE CLEAN AIR ACT

    Priority: Substantive, Nonsignificant

    CFR Citation: Not Yet Determined

    Completed:

    Reason

    Date

    FR Cite

    Withdrawn

    05/18/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Agency Contact: Kelly Rimer

    Phone: 919-541-2962

    Fax: 919 541-0840

    Email: rimer.kelly@epamail.epa.gov

    Dave Guinnup

    Phone: 919-541-5368

    Fax: 919 541-0840

    Email: guinnup.dave@epamail.epa.gov

    RIN: 2060-AJ23

    3257. MOTOR VEHICLE AND ENGINE COMPLIANCE PROGRAM FEES FOR: LIGHT-DUTY

    VEHICLES AND TRUCKS; HEAVY-DUTY VEHICLES AND ENGINES; NONROAD ENGINES;

    AND MOTORCYCLES

    Priority: Other Significant

    CFR Citation: 40 CFR 86 (Revision)

    Page 38247

    Completed:

    Reason

    Date

    FR Cite

    Final Action

    05/11/04

    69 FR 26221

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: Businesses

    Government Levels Affected: None

    Agency Contact: Trina Vallion

    Phone: 734-214-4449

    Fax: 734 214-4053

    Email: vallion.trina@epamail.epa.gov

    Dan Harrison

    Phone: 734-214-4281

    Email: harrison.dan@epamail.epa.gov

    RIN: 2060-AJ62

    3258. NESHAP: COMBUSTION TURBINE

    Priority: Substantive, Nonsignificant

    CFR Citation: 40 CFR 63

    Completed:

    Reason

    Date

    FR Cite

    Final Action

    03/05/04

    69 FR 10512

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: Businesses

    Government Levels Affected: None

    Agency Contact: Sims Roy

    Phone: 919-541-5263

    Fax: 919 541-5450

    Email: roy.sims@epamail.epa.gov

    RobertJ Wayland

    Phone: 919-541-1045

    Fax: 919 541-5450

    Email: wayland.robertj@epamail.epa.gov

    RIN: 2060-AG67

    3259. NESHAP: IRON AND STEEL FOUNDRIES

    Priority: Substantive, Nonsignificant

    CFR Citation: 40 CFR 63

    Completed:

    Reason

    Date

    FR Cite

    Final Action

    04/22/04

    69 FR 21905

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: Businesses

    Government Levels Affected: None

    Agency Contact: Kevin Cavender

    Phone: 919-541-2364

    Fax: 919 541-5450

    Email: cavender.kevin@epamail.epa.gov

    Steve Fruh

    Phone: 919-541-2837

    Fax: 919 541-3207

    Email: fruh.steve@epamail.epa.gov

    RIN: 2060-AE43

    3260. NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS:

    MISCELLANEOUS ORGANIC CHEMICAL MANUFACTURING

    Priority: Other Significant

    CFR Citation: 40 CFR 63

    Completed:

    Reason

    Date

    FR Cite

    Final Action

    11/10/03

    68 FR 63852

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: Businesses

    Government Levels Affected: None

    Agency Contact: Randy McDonald

    Phone: 919-541-5402

    Email: mcdonald.randy@epa.gov

    Randy Waite

    Phone: 919-541-5447

    Fax: 919-541-3470

    Email: waite.randy@epa.gov

    RIN: 2060-AE82

    3261. NESHAP: CHROMIUM ELECTROPLATING AMENDMENT (TIN-FREE STEEL)

    Priority: Other Significant

    CFR Citation: 40 CFR 63

    Completed:

    Reason

    Date

    FR Cite

    Withdrawn

    05/05/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: Businesses

    Government Levels Affected: None

    Agency Contact: Phil Mulrine

    Phone: 919-541-5289

    Fax: 919 541-5450

    Email: mulrine.phil@epamail.epa.gov

    Steve Fruh

    Phone: 919-541-2837

    Fax: 919 541-3207

    Email: fruh.steve@epamail.epa.gov

    RIN: 2060-AH08

    3262. NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS:

    MISCELLANEOUS COATING MANUFACTURING

    Priority: Other Significant

    CFR Citation: 40 CFR 63

    Completed:

    Reason

    Date

    FR Cite

    Final Action

    12/11/03

    68 FR 69164

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: Businesses

    Government Levels Affected: None

    Agency Contact: Randy Mcdonald

    Phone: 919-541-5402

    Fax: 919 541-3470

    Email: mcdonald.randy@epamail.epa.gov

    Randy Waite

    Phone: 919-541-5447

    Fax: 919-541-3470

    Email: waite.randy@epa.gov

    RIN: 2060-AK59

    3263. INTERSTATE OZONE TRANSPORT: RESPONSE TO COURT DECISIONS ON THE NOX

    SIP CALL, NOX SIP CALL TECHNICAL AMENDMENTS, AND SECTION 126 RULES

    Priority: Other Significant

    CFR Citation: 40 CFR 51 (Revision)

    Completed:

    Reason

    Date

    FR Cite

    Final Action

    04/21/04

    69 FR 21603

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: State, Local

    Agency Contact: Jan King

    Phone: 919-541-5665

    Fax: 919 541-0824

    Email: king.jan@epamail.epa.gov

    Carla Oldham

    Phone: 919-541-3347

    Fax: 919 541-0824

    Email: oldham.carla@epamail.epa.gov

    RIN: 2060-AJ16

    Page 38248

    3264. STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES: VOLATILE

    ORGANIC LIQUID STORAGE VESSELS; AMENDMENTS

    Priority: Substantive, Nonsignificant. Major under 5 USC 801.

    CFR Citation: 40 CFR 60

    Completed:

    Reason

    Date

    FR Cite

    Final Action

    10/15/03

    68 FR 59328

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Agency Contact: Mark Morris

    Phone: 919-541-5416

    Fax: 919 541-0840

    Email: morris.mark@epamail.epa.gov

    Randy Waite

    Phone: 919-541-5447

    Fax: 919-541-3470

    Email: waite.randy@epa.gov

    RIN: 2060-AJ53

    3265. PROPOSED AMENDMENTS TO PERFORMANCE STANDARDS AND MONITORING

    REQUIREMENTS FOR PARTICULATE MATTER AT STATIONARY SOURCES

    Priority: Substantive, Nonsignificant

    CFR Citation: 40 CFR 60 Appendix B; 40 CFR 60 Appendix F

    Completed:

    Reason

    Date

    FR Cite

    Final Action

    01/12/04

    69 FR 1785

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Agency Contact: Dan Bivins

    Phone: 919-541-5244

    Fax: 919 541-0516

    Email: bivins.dan@epamail.epa.gov

    Conniesue Oldham

    Phone: 919-541-7774

    Email: oldham.conniesue@epamail.epa.gov

    RIN: 2060-AJ88

    3266. NESHAP: MERCURY CELL CHLOR-ALKALI PLANTS

    Priority: Substantive, Nonsignificant

    CFR Citation: 40 CFR 63

    Completed:

    Reason

    Date

    FR Cite

    Final Action

    12/19/03

    68 FR 70904

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Agency Contact: Iliam Rosario

    Phone: 919-541-5308

    Fax: 919 541-5308

    Email: rosario.iliam@epamail.epa.gov

    Steve Fruh

    Phone: 919-541-2837

    Fax: 919 541-3207

    Email: fruh.steve@epamail.epa.gov

    RIN: 2060-AE85

    3267. NESHAP: MISCELLANEOUS METAL PARTS AND PRODUCTS (SURFACE COATING)

    Priority: Substantive, Nonsignificant

    CFR Citation: 40 CFR 63

    Completed:

    Reason

    Date

    FR Cite

    Final Action

    01/02/04

    69 FR 130

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: Businesses

    Government Levels Affected: Federal, Local, State

    Agency Contact: Kim Teal

    Phone: 919-541-5580

    Fax: 919 541-5689

    Email: teal.kim@epamail.epa.gov

    RIN: 2060-AG56

    3268. NESHAP: LIME MANUFACTURING

    Priority: Substantive, Nonsignificant

    CFR Citation: 40 CFR 63

    Completed:

    Reason

    Date

    FR Cite

    Final Action

    01/05/04

    69 FR 394

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: Businesses

    Government Levels Affected: None

    Agency Contact: Joe Wood

    Phone: 919-541-5446

    Fax: 919 541-5600

    Email: wood.joe@epamail.epa.gov

    Keith Barnett

    Phone: 919-541-5605

    Fax: 919 541-5600

    Email: barnett.keith@epamail.epa.gov

    RIN: 2060-AG72

    3269. NESHAP: SURFACE COATING OF METAL CANS

    Priority: Substantive, Nonsignificant

    CFR Citation: 40 CFR 63

    Completed:

    Reason

    Date

    FR Cite

    Final Action

    11/13/03

    68 FR 64433

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: Businesses

    Government Levels Affected: None

    Agency Contact: Paul Almodovar

    Phone: 919-541-0283

    Fax: 919 541-5689

    Email: almodovar.paul@epamail.epa.gov

    RIN: 2060-AG96

    3270. NESHAP: SURFACE COATING OF AUTOMOBILES AND LIGHT-DUTY TRUCKS

    Priority: Economically Significant. Major under 5 USC 801.

    CFR Citation: 40 CFR 63

    Completed:

    Reason

    Date

    FR Cite

    Final Action

    04/26/04

    69 FR 22601

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: Local, State

    Agency Contact: Dave Salman

    Phone: 919-541-0859

    Fax: 919 541-5689

    Email: salman.dave@epamail.epa.gov

    RIN: 2060-AG99

    3271. NESHAP: PRIMARY MAGNESIUM REFINING

    Priority: Substantive, Nonsignificant

    CFR Citation: 40 CFR 63

    Completed:

    Reason

    Date

    FR Cite

    Final Action

    10/10/03

    68 FR 58615

    Regulatory Flexibility Analysis Required: No

    Page 38249

    Small Entities Affected: No

    Government Levels Affected: State

    Agency Contact: Lula Melton

    Phone: 919-541-2910

    Fax: 919 541-5450

    Email: melton.lula@epamail.epa.gov

    Steve Fruh

    Phone: 919-541-2837

    Fax: 919 541-3207

    Email: fruh.steve@epamail.epa.gov

    RIN: 2060-AH03

    3272. NESHAP: SITE REMEDIATION

    Priority: Substantive, Nonsignificant

    CFR Citation: 40 CFR 63

    Completed:

    Reason

    Date

    FR Cite

    Final Action

    10/08/03

    68 FR 58172

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: State, Local

    Agency Contact: Greg Nizich

    Phone: 919-541-3078

    Fax: 919 541-0246

    Email: nizich.greg@epamail.epa.gov

    Martha Smith

    Phone: 919-541-2421

    Fax: 919 541-0246

    Email: smith.martha@epamail.epa.gov

    RIN: 2060-AH12

    3273. NESHAP: ORGANIC LIQUIDS DISTRIBUTION (NON-GASOLINE)

    Priority: Substantive, Nonsignificant

    CFR Citation: 40 CFR 63

    Completed:

    Reason

    Date

    FR Cite

    Final Action

    02/03/04

    69 FR 5038

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: Businesses

    Government Levels Affected: None

    Agency Contact: Martha Smith

    Phone: 919-541-2421

    Fax: 919 541-0246

    Email: smith.martha@epamail.epa.gov

    Kent Hustvedt

    Phone: 919-541-5395

    Fax: 919 541-0246

    Email: hustvedt.ken@epamail.epa.gov

    RIN: 2060-AH41

    3274. NESHAP: TACONITE IRON ORE PROCESSING INDUSTRY

    Priority: Substantive, Nonsignificant

    CFR Citation: 40 CFR 63

    Completed:

    Reason

    Date

    FR Cite

    Final Action

    10/30/03

    68 FR 61768

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: State

    Agency Contact: Conrad Chin

    Phone: 919-541-1512

    Fax: 919 541-3207

    Email: chin.conrad@epamail.epa.gov

    Steve Fruh

    Phone: 919-541-2837

    Fax: 919 541-3207

    Email: fruh.steve@epamail.epa.gov

    RIN: 2060-AJ02

    3275. CLARIFICATION TO EXISTING PART 63 NESHAP DELEGATIONS' PROVISIONS

    Priority: Substantive, Nonsignificant

    CFR Citation: 40 CFR 63

    Completed:

    Reason

    Date

    FR Cite

    Final Action

    06/23/03

    68 FR 37334

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: Businesses

    Government Levels Affected: Federal, State, Local, Tribal

    Agency Contact: Tom Driscoll

    Phone: 919-541-5135

    Fax: 919 541-5509

    Email: driscoll.tom@epamail.epa.gov

    Robin Segall

    Phone: 919-541-0893

    Fax: 919 541-0896

    Email: segall.robin@epamail.epa.gov

    RIN: 2060-AJ26

    3276. NESHAP: GASOLINE DISTRIBUTION FACILITIES--AMENDMENT

    Priority: Substantive, Nonsignificant

    CFR Citation: 40 CFR 63 subpart R

    Completed:

    Reason

    Date

    FR Cite

    Final Action

    12/19/03

    68 FR 70960

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Agency Contact: Steve Shedd

    Phone: 919-541-5397

    Fax: 919 685-3195

    Email: shedd.steve@epamail.epa.gov

    Martha Smith

    Phone: 919-541-2421

    Fax: 919 541-0246

    Email: smith.martha@epamail.epa.gov

    RIN: 2060-AJ42

    3277. BENZENE WASTE OPERATIONS NESHAP; AMENDMENTS

    Priority: Substantive, Nonsignificant

    CFR Citation: 40 CFR 61

    Completed:

    Reason

    Date

    FR Cite

    Final Action

    12/04/03

    68 FR 67932

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Agency Contact: Bob Lucas

    Phone: 919-541-0884

    Fax: 919-541-0246

    Email: lucas.bob@epamail.epa.gov

    Kent Hustvedt

    Phone: 919-541-5395

    Fax: 919 541-0246

    Email: hustvedt.ken@epamail.epa.gov

    RIN: 2060-AJ87

    3278. NESHAP: CHLORINE PRODUCTION

    Priority: Substantive, Nonsignificant

    CFR Citation: 40 CFR 63

    Completed:

    Reason

    Date

    FR Cite

    Final Action

    12/19/03

    68 FR 70949

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Agency Contact: Iliam Rosario

    Phone: 919-541-5308

    Fax: 919 541-5308

    Email: rosario.iliam@epamail.epa.gov

    Steve Fruh

    Phone: 919-541-2837

    Page 38250

    Fax: 919 541-3207

    Email: fruh.steve@epamail.epa.gov

    RIN: 2060-AK38

    3279. NESHAP: PERCHLORETHYLENE DRY CLEANING FACILITIES (COMPLETION OF A

    SECTION 610 REVIEW)

    Priority: Substantive, Nonsignificant

    Legal Authority: 42 USC 7412; 5 USC 610

    CFR Citation: 40 CFR 63

    Legal Deadline: None

    Abstract: On September 22, 1993 (58 FR 49354), EPA promulgated standards to control perchlorethylene emissions from drycleaning facilities under Section 112 of the Clean Air Act. (See 40 CFR part 63, subpart M). Pursuant to Section 610 of the Regulatory Flexibility Act,

    EPA has reviewed this rule to determine if it should be continued without change, or should be amended or rescinded, to minimize adverse economic impacts on small entities. The full results of EPA's review have been summarized in a reportand placed in docket number OAR-2003- 0029 in EPA's electronic docket system (www.epa.gov/edocket). These results are briefly summarized here.

    EPA has concluded that there is continued need for this rule to protect public health by reducing harmful perchloroethylene (PCE) emissions as mandated by Section 112 of the Clean Air Act. EPA's review also addressed the following issues: complaints received, complexity, duplication and overlap. Regarding complaints, several commenters urged

    EPA tomake the rule more stringent to further reduce or eliminate PCE use. The Agency is currently addressing these kinds of considerations as part of its review of the NESHAP under Clean Air Act Sections 112(d)(6) and 112(f), and therefore will not address these issues further here.

    A number of commenters cited recordkeeping burdens, but some also acknowledged that the requirements promote efficiency and are consistent with good business practices. Other commenters note that while recordkeeping does impose some paperwork burden, they do not believe it translates into significant economic cost. Another commenter proposed ways to lessen monitoring and recordkeeping burden. The Agency finds that revising the requirements as proposed by the commenters may lead to increased PCE emissions and may fail to demonstrate continued compliance.

    The Agency also found that the rule's complexity is necessary to minimize economic impacts on small businesses while ensuring emissions reductions. The Agency received no comments requesting simplification of the rule requirements. EPA therefore finds that revisions to the

    NESHAP based on rule complexity are not necessary.

    The extent to which the rule overlaps, duplicates, or conflicts with other Federal, State, or local government rules was also assessed as part of this review. The Agency is not aware of any instance where the

    NESHAP conflicts with state, local, or other requirements, and received no comments to that effect.

    Finally, the Agency must consider the degree to which technology, economic conditions, or other factors have changed in the area of the rule. As noted above, although the Agency finds that no revisions to the NESHAP are necessary for the purpose of this RFA review, the Agency will continue to assess advances in technology as part of the ongoing review of the NESHAP that is required by section 112(d)(6) of the Clean

    Air Act.

    In light of the considerations outlined above, EPA has decided to continue this rule in effect without change. A fuller explanation of the results of this review is given in the aforementioned report which has been placed in the docket established for this review.

    Timetable:

    Action

    Date

    FR Cite

    Begin Review

    06/01/03

    End Review

    10/01/03

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Additional Information: SAN 4785.

    Agency Contact: Tom Eagles, Environmental Protection Agency, Air and

    Radiation, 6103A, Washington, DC 20460

    Phone: 202-564-1952

    Email: eagles.tom@epamail.epa.gov

    RIN: 2060-AK64

    3280. FEDERAL PLAN REQUIREMENTS FOR COMMERCIAL AND INDUSTRIAL SOLID

    WASTE INCINERATION UNITS CONSTRUCTED ON OR BEFORE NOVEMBER 30, 1999

    Priority: Substantive, Nonsignificant

    CFR Citation: 40 CFR 62

    Completed:

    Reason

    Date

    FR Cite

    Final Action

    10/03/03

    68 FR 57518

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: Businesses

    Government Levels Affected: Federal, State

    Agency Contact: David Painter

    Phone: 919-541-5515

    Fax: 919 541-2664

    Email: painter.david@epamail.epa.gov

    RIN: 2060-AJ28

    3281. CONTROL OF EMISSIONS FROM HIGHWAY MOTORCYCLES

    Priority: Other Significant

    CFR Citation: 40 CFR 94

    Completed:

    Reason

    Date

    FR Cite

    Final Action

    01/15/04

    69 FR 2398

    Regulatory Flexibility Analysis Required: Yes

    Small Entities Affected: Businesses

    Government Levels Affected: None

    Agency Contact: Roberts French

    Phone: 734-214-4380

    Fax: 734 214-4050

    Email: french.roberts@epamail.epa.gov

    Glenn Passavant

    Phone: 734-214-4408

    Email: passavant.glenn@epamail.epa.gov

    RIN: 2060-AJ90

    3282. PROTECTION OF STRATOSPHERIC OZONE: BAN ON TRADE OF METHYL BROMIDE

    TO NON-PARTIES TO THE MONTREAL PROTOCOL

    Priority: Substantive, Nonsignificant

    CFR Citation: 40 CFR 82

    Completed:

    Reason

    Date

    FR Cite

    Direct Final Rule

    07/25/03

    68 FR 43930

    Page 38251

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: Businesses

    Government Levels Affected: None

    Agency Contact: Tom Land

    Phone: 202-343-9185

    Fax: 202-565-2155

    Email: land.tom@epamail.epa.gov

    Kate Choban

    Phone: 202-343-9337

    Fax: 202 343-2338

    Email: choban.kate@epamail.epa.gov

    RIN: 2060-AK67

    3283. PROTECTION OF STRATOSPHERIC OZONE: SUPPLEMENTAL RULE REGARDING A

    RECYCLING STANDARD UNDER SECTION 608

    Priority: Substantive, Nonsignificant

    CFR Citation: 40 CFR 82(F)

    Completed:

    Reason

    Date

    FR Cite

    Final Action

    07/24/03

    68 FR 43786

    Final Action-Correction

    09/18/03

    68 FR 54677

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: Businesses

    Government Levels Affected: None

    Agency Contact: Julius Banks

    Phone: 202-343-9870

    Fax: 202-565-2155

    Email: banks.julius@epamail.epa.gov

    Tom Land

    Phone: 202-343-9185

    Fax: 202-565-2155

    Email: land.tom@epamail.epa.gov

    RIN: 2060-AF36

    3284. PROTECTION OF STRATOSPHERIC OZONE: REFRIGERANT RECYCLING;

    SUBSTITUTE REFRIGERANTS

    Priority: Substantive, Nonsignificant

    CFR Citation: 40 CFR 82(F)

    Completed:

    Reason

    Date

    FR Cite

    Final Action

    03/12/04

    69 FR 11946

    Final Action Effective

    05/11/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: Businesses

    Government Levels Affected: None

    Agency Contact: Julius Banks

    Phone: 202-343-9870

    Fax: 202-565-2155

    Email: banks.julius@epamail.epa.gov

    Tom Land

    Phone: 202-343-9185

    Fax: 202-565-2155

    Email: land.tom@epamail.epa.gov

    RIN: 2060-AF37

    3285. PROTECTION OF STRATOSPHERIC OZONE: RECONSIDERATION OF SECTION 608

    SALES RESTRICTION

    Priority: Substantive, Nonsignificant

    CFR Citation: 40 CFR 82(F)

    Completed:

    Reason

    Date

    FR Cite

    Withdrawn

    05/14/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: Businesses

    Government Levels Affected: None

    Agency Contact: Julius Banks

    Phone: 202-343-9870

    Fax: 202-565-2155

    Email: banks.julius@epamail.epa.gov

    Tom Land

    Phone: 202-343-9185

    Fax: 202-565-2155

    Email: land.tom@epamail.epa.gov

    RIN: 2060-AG20

    3286. COMPILATION OF SOURCE-SPECIFIC ALTERNATIVE METHODS BEING APPROVED

    FOR SOURCE-CATEGORY WIDE APPLICATION

    Priority: Substantive, Nonsignificant

    CFR Citation: 00 CFR NYD

    Completed:

    Reason

    Date

    FR Cite

    Withdrawn

    05/21/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Agency Contact: Rima Howell

    Phone: 919-541-0443

    Fax: 919 541-1039

    Email: howell.rima@epamail.epa.gov

    Conniesue Oldham

    Phone: 919-541-7774

    Email: oldham.conniesue@epamail.epa.gov

    RIN: 2060-AJ84

    3287. CONTROL OF AIR POLLUTION FROM NEW MOTOR VEHICLES; ADDENDUM TO

    SECOND AMENDMENT TO THE TIER 2/GASOLINE SULFUR REGULATIONS

    Priority: Substantive, Nonsignificant

    CFR Citation: 40 CFR 80; 40 CFR 86

    Completed:

    Reason

    Date

    FR Cite

    Direct Final Rule

    06/12/02

    67 FR 40169

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Agency Contact: Mary Manners

    Phone: 734-214-4873

    Fax: 734 214-4051

    Email: manners.mary@epamail.epa.gov

    Robin Moran

    Phone: 734-214-4781

    Fax: 734 214-4816

    Email: moran.robin@epamail.epa.gov

    RIN: 2060-AK63

    3288. AMENDMENT TO MARINE DIESEL RULE

    Priority: Substantive, Nonsignificant

    CFR Citation: 40 CFR 94

    Completed:

    Reason

    Date

    FR Cite

    Direct Final Action

    09/19/03

    68 FR 54956

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: Federal

    Agency Contact: Karl Simon

    Phone: 202-564-1106

    Email: simon.karl@epamail.epa.gov

    Alan Stout

    Phone: 734-214-4805

    Fax: 734-214-4834

    Email: stout.alan@epamail.epa.gov

    RIN: 2060-AL81

    Page 38252

    3289. REVISIONS TO FEDERAL OPERATING PERMITS PROGRAM FEE PAYMENT

    DEADLINES FOR CALIFORNIA AGRICULTURAL SOURCES

    Priority: Substantive, Nonsignificant

    CFR Citation: 42 CFR 71.9(f)

    Completed:

    Reason

    Date

    FR Cite

    Withdrawal of Direct Final Rule 06/27/03

    68 FR 38197

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: State

    Agency Contact: Candace Carraway

    Phone: 919-541-3189

    Fax: 919 541-5509

    Email: carraway.candace@epamail.epa.gov

    David Wampler

    Phone: 415-972-3975

    Fax: 415-947-3579

    Email: wampler.david@epamail.epa.gov

    RIN: 2060-AL82

    3290. AMENDMENTS TO THE PHASE 2 REQUIREMENTS FOR SPARK-IGNITION NONROAD

    ENGINES LESS THAN 19 KILOWATTS

    Priority: Substantive, Nonsignificant

    CFR Citation: 40 CFR 90 (Revision)

    Completed:

    Reason

    Date

    FR Cite

    NPRM

    01/12/04

    69 FR 1836

    Direct Final Rule

    01/12/04

    69 FR 1824

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Agency Contact: Philip Carlson

    Phone: 734-214-4270

    Fax: 734 214-4816

    Email: carlson.philip@epamail.epa.gov

    Glenn Passavant

    Phone: 734-214-4408

    Email: passavant.glenn@epamail.epa.gov

    RIN: 2060-AL88

    3291. PROTECTION OF STRATOSPHERIC OZONE: ALLOCATION OF ESSENTIAL USE

    ALLOWANCES FOR CALENDAR YEAR 2004

    Priority: Substantive, Nonsignificant

    CFR Citation: 40 CFR 82.4

    Completed:

    Reason

    Date

    FR Cite

    NPRM

    10/28/03

    68 FR 61382

    Final Action

    01/28/04

    69 FR 4059

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Agency Contact: Scott Monroe

    Phone: 202-343-9712

    Fax: 202 343-2338

    Email: monroe.scott@epamail.epa.gov

    RIN: 2060-AM01

    3292. PROJECT XL SITE-SPECIFIC RULEMAKING FOR ANDERSEN CORPORATION'S

    FACILITY IN BAYPORT, MINNESOTA

    Priority: Substantive, Nonsignificant

    CFR Citation: 40 CFR 52

    Completed:

    Reason

    Date

    FR Cite

    Withdrawn

    03/12/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Agency Contact: Brian Barwick

    Phone: 312-886-6620

    Email: barwick.brian@epamail.epa.gov

    David Beck

    Phone: 919-541-5421

    Email: beck.david@epamail.epa.gov

    RIN: 2090-AA21

    Environmental Protection Agency (EPA)

    Proposed Rule Stage

    Atomic Energy Act (AEA)

    3293. 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 is being issued to solicit early public input on this issue -- see SAN 4054.1 elsewhere in this issue of the

    Regulatory Agenda.

    Timetable:

    Action

    Date

    FR Cite

    ANPRM

    11/18/03

    68 FR 65120

    NPRM

    01/00/05

    Final Action

    01/00/06

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: Federal

    Additional Information: SAN 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

    Page 38253

    Environmental Protection Agency (EPA)

    Final Rule Stage

    Atomic Energy Act (AEA)

    3294. REVISION OF THE 40 CFR PART 194 WASTE ISOLATION PILOT PLANT

    COMPLIANCE CRITERIA

    Priority: Substantive, Nonsignificant

    Legal Authority: ``106 Stat. 4777 as amended by the 1996 LWA

    Amendments''; PL 102-579; PL 104-201; ``Waste Isolation Pilot Plant

    Land Withdrawal Act of 1992''

    CFR Citation: 40 CFR 194.8(b)

    Legal Deadline: None

    Abstract: EPA is finalizing several alternative provisions to the compliance criteria in 40 CFR Part 194: (1) addition of a process for making minor changes to the provisions of the Compliance Criteria

    (194.6); (2) changes to the approval process for waste characterization programs at the Department of Energy transuranic (TRU) waste sites

    (194.8(b)); (3) changes to allow for submission of compliance applications and reference materials in alternative format (e.g., compact disk) (194.12 & 194.13); and replacement of the term ``process knowledge'' with ``acceptable knowledge''. The second item is the most significant change. Section 194.8(b) requires EPA to inspect TRU waste sites on a waste stream basis, and to initiate a notice-and-comment process for each inspection. If a site receives our approval to ship a single waste stream or group of waste streams, that site cannot ship a different waste stream until we perform an additional 194.8(b) inspection. Based on actual site inspection experience, we have learned that for regulatory purposes emphasis is better placed on the processes used to characterize the wastes streams rather than on the particular waste streams themselves. Also, we had witnessed DOE's capacity to properly characterize numerous waste streams at different waste generator sites. On this basis, we are proposing to alter the waste characterization approval process so that only one approval would be issued per site. EPA will assign reporting requirements for waste characterization activities and specify any limitations that would necessitate additional inspections. The purpose of the revisions to 194.8(b) is to achieve process and resources efficiencies while maintaining our confidence in DOE's technical capability to characterize wastes destined for the Waste Isolation Pilot Plant.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    08/09/02

    67 FR 51929

    Final Action

    07/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: Federal

    Additional Information: SAN 4403.

    Agency Contact: Ray Lee, Environmental Protection Agency, Air and

    Radiation, 6608J, Washington, DC 20460

    Phone: 202-564-4625

    Fax: 202 343-2305

    Email: lee.ray@epamail.epa.gov

    Betsy Forinash, Environmental Protection Agency, Air and Radiation, 6602J, 6608J, Washington, DC 20460

    Phone: 202-343-9233

    Email: forinash.betsy@epamail.epa.gov

    RIN: 2060-AJ07

    Environmental Protection Agency (EPA)

    Long-Term Actions

    Atomic Energy Act (AEA)

    3295. 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 [greek-i]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

    greek-i 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

    07/00/05

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: Federal

    Additional Information: SAN 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

    3296. APPROACHES TO AN INTEGRATED FRAMEWORK FOR MANAGEMENT AND DISPOSAL

    OF LOW-ACTIVITY RADIOACTIVE WASTE: REQUEST FOR COMMENT

    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 Advance Notice of Proposed Rulemaking (ANPRM) will solicit public comment on voluntary approaches that would allow additional options for the disposal of low-activity mixed wastes. The wastes intended to be disposed of in these cells are Federally- regulated mixed wastes, consisting of a chemically hazardous component and low levels of

    Page 38254

    radioactivity. These wastes are anticipated to arise in the commercial sector from various sources, but may also be generated by Federal government activities. The intention of this effort is 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. It is envisioned that any rule that would be promulgated in this area would not mandate a disposal method, but rather permit an alternative to existing disposal methods. (See SAN 4054 elsewhere in today's

    Regulatory Agenda.) In this ANPRM, public comment will be solicited on application of such a rule to other low-activity radioactive wastes not currently regulated at the Federal level, and on possible non- regulatory approaches to improved management. The U.S. Nuclear

    Regulatory Commission is anticipated to be the implementing Agency for the application of any rule that would follow this ANPRM.

    Timetable:

    Action

    Date

    FR Cite

    ANPRM

    11/18/03

    68 FR 65120

    ANPRM Comment Period Extended 03/12/04

    69 FR 11826

    Next Action Undetermined

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: Federal

    Additional Information: SAN 4054.1. Split from RIN 2060-AH63.

    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-AL78

    Environmental Protection Agency (EPA)

    Completed Actions

    Atomic Energy Act (AEA)

    3297. WASTE ISOLATION PILOT PLANT (WIPP) FY 2001 REPORT TO CONGRESS

    Priority: Info./Admin./Other

    CFR Citation: 40 CFR 194

    Completed:

    Reason

    Date

    FR Cite

    Report to Congress

    04/20/04

    Regulatory Flexibility Analysis Required: No

    Government Levels Affected: None

    Agency Contact: Raymond Lee

    Phone: 202-343-9463

    Fax: 202 343-2305

    Email: lee.raymond@epamail.epa.gov

    RIN: 2060-AK39

    Environmental Protection Agency (EPA)

    Prerule Stage

    Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)

    3298. ENDOCRINE DISRUPTOR SCREENING PROGRAM (EDSP); CHEMICAL SELECTION

    APPROACH FOR INITIAL ROUND OF SCREENING

    Priority: Other Significant

    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: EPA published a proposed policy statement in the Federal

    Register setting forth the Endocrine Disruptor Screening Program on

    December 28, 1998. In that FR Notice, the Agency described the major elements of the Program EPA had developed to comply with the requirements of FFDCA section 408(p) as amended by FQPA. One of those elements is Priority Setting which was defined as the collection, evaluation, and analysis of relevant information to determine the general order in which chemical substances and mixtures will be subjected to screening and testing. Under this current action, EPA is developing a priority setting approach to be used by the Agency to identify the initial list of chemicals for which Tier 1 testing will be required. On December 30, 2002, EPA published in the Federal Register for public comment a proposed chemical selection approach for this initial list of chemicals. The public comment period on this proposed approach was extended to April 1, 2003 in a Federal Register notice dated February 26, 2003. Following consideration of comments on this proposed approach, EPA will issue a Federal Register notice setting forth its final approach. Although this action is not a rulemaking, the

    Agency has included it in the Regulatory Agenda to help inform the public.

    Timetable:

    Action

    Date

    FR Cite

    Notice: Proposed Approach

    12/30/02

    67 FR 79611

    Notice: Final Approach

    01/00/05

    Notice: Draft Initial List

    02/00/05

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Additional Information: SAN 4727. Split from RIN 2070-AD26.

    Agency Contact: Mary Belefski, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7201M, Washington, DC 20460

    Phone: 202-564-8461

    Fax: 202-564-8452

    Email: belefski.mary@epamail.epa.gov

    Gary Timm, Environmental Protection Agency, Office of Prevention,

    Pesticides and Toxic Substances, 7201M, Washington, DC 20460

    Phone: 202-564-8474

    Fax: 202 564-8482

    Page 38255

    Email: timm.gary@epamail.epa.gov

    RIN: 2070-AD59

    3299. PESTICIDE WORKER PROTECTION RULE (SECTION 610 REVIEW)

    Priority: Info./Admin./Other. Major status under 5 USC 801 is undetermined.

    Legal Authority: 7 USC 135

    CFR Citation: 40 CFR Part 156; 40 CFR Part 170

    Legal Deadline: None

    Abstract: On August 21, 1992, the Environmental Protection Agency (EPA) issued final revisions to the Worker Protection Standards governing the protection of workers from agricultural pesticides. These revised regulations expand the scope of the standards to include not only workers performing hand labor operations in fields treated with pesticides, but employees in forests, nurseries, and greenhouses and employees who handle (mix, load, apply, etc.) pesticides for use in these locations. The revised regulations became effective January 1, 1995, and are applicable to agricultural farm workers and pesticide handlers working on farms, forests, nurseries, and greenhouses. In 1995 and 1996, the standard was amended to address specific concerns of the regulation community. EPA is reviewing this regulation pursuant to section 610 of the Regulatory Flexibility Act (5 USC 610). The purpose of this review is to determine whether the rule should be continued without change, or should be amended or rescinded, to minimize economic impacts on small entities while still complying with the provisions of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA). EPA has already solicited comment on the continued need for the rule; the complexity of the rule; the extent to which it overlaps, duplicates, or conflicts with other Federal, State, or local government rules; and the degree to which technology, economic conditions or other relevant factors have changed since the rule was promulgated. We expect to announce the completion of this review and report its outcome in 2004.

    See EPA Docket ID number OPP-2003-0115 at www.epa.gov/edocket.

    Timetable:

    Action

    Date

    FR Cite

    Final Action 1

    08/21/92

    57 FR 38102

    Begin Review

    05/27/03

    68 FR 30942

    Comment Period End

    12/22/03

    68 FR 73543

    End Review

    12/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Additional Information: SAN 4789.

    Sectors Affected: 111 Crop Production; 1114 Greenhouse, Nursery and

    Floriculture Production; 115 Support Activities for Agriculture and

    Forestry; 1131 Timber Tract Operations

    Agency Contact: Donald Eckerman, Environmental Protection Agency,

    Office of Prevention, Pesticides and Toxic Substances, 7506C,

    Washington, DC 20460

    Phone: 703-305-5062

    Email: eckerman.donald@epamail.epa.gov

    Kathy Davis, Environmental Protection Agency, Office of Prevention,

    Pesticides and Toxic Substances, 7506C, Washington, DC 20460

    Phone: 703-308-7002

    Email: davis.kathy@epamail.epa.gov

    RIN: 2070-AD66

    Environmental Protection Agency (EPA)

    Proposed Rule Stage

    Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)

    3300. PESTICIDES; DATA REQUIREMENTS FOR CONVENTIONAL CHEMICALS

    Priority: Substantive, Nonsignificant

    Legal Authority: 7 USC 136(a) to 136(y)

    CFR Citation: 40 CFR 158

    Legal Deadline: None

    Abstract: EPA will propose revisions to its data requirements for the registration of conventional pesticide products. In this action, the

    Agency is proposing revisions to the 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. The proposed data requirements 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. Couple with revision data requirements, EPA proposes to reformat the requirements and revise 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. EPA intends to propose a series of revisions to the data requirements, covering different data disciplines and product types.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    10/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: Businesses

    Government Levels Affected: Federal

    Additional Information: SAN 2687.

    Sectors Affected: 32532 Pesticide and Other Agricultural Chemical

    Manufacturing

    Agency Contact: Melissa Chun, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7506C, Washington, DC 20460

    Phone: 703-305-4027

    Fax: 703 305-5884

    Email: chun.melissa@epamail.epa.gov

    Jean Frane, Environmental Protection Agency, Office of Prevention,

    Pesticides and Toxic Substances, 7506C, Washington, DC 20460

    Phone: 703-305-5944

    Page 38256

    Email: frane.jean@epamail.epa.gov

    RIN: 2070-AC12

    3301. PESTICIDES; DATA REQUIREMENTS FOR ANTIMICROBIALS

    Priority: Substantive, Nonsignificant

    Legal Authority: 7 USC 136(a) 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

    06/00/05

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: Businesses

    Government Levels Affected: Federal

    Additional Information: SAN 4173.

    Sectors Affected: 32519 Other Basic Organic Chemical Manufacturing; 32532 Pesticide and Other Agricultural Chemical Manufacturing; 32551

    Paint and Coating Manufacturing; 32561 Soap and Cleaning Compound

    Manufacturing

    Agency Contact: Paul Parsons, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7506C, Washington, DC 20460

    Phone: 703-308-9073

    Fax: 703 305-5884

    Email: parsons.paul@epamail.epa.gov

    RIN: 2070-AD30

    3302. 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

    06/00/05

    Regulatory Flexibility Analysis Required: Undetermined

    Small Entities Affected: Businesses

    Government Levels Affected: None

    Additional Information: SAN 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.

    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@epamail.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

    3303. PESTICIDES; PROCEDURES FOR THE REGISTRATION REVIEW PROGRAM

    Priority: Substantive, Nonsignificant

    Legal Authority: 7 USC 136a (g); 7 USC 136w

    CFR Citation: Not Yet Determined

    Legal Deadline: None

    Abstract: The Agency will establish procedures to implement section 3(g) of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) which provides for periodic review of pesticide registrations. The goal of these regulations is to review a pesticide's registration every 15 years.

    Timetable:

    Action

    Date

    FR Cite

    ANPRM

    04/26/00

    65 FR 24586

    NPRM

    02/00/05

    Regulatory Flexibility Analysis Required: Undetermined

    Small Entities Affected: Businesses

    Government Levels Affected: Federal

    Additional Information: SAN 4170.

    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

    Agency Contact: Vivian Prunier, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7506C, Washington, DC 20460

    Phone: 703-308-9341

    Fax: 703 308-5884

    Email: prunier.vivian@epamail.epa.gov

    Jean Frane, Environmental Protection Agency, Office of Prevention,

    Pesticides and Toxic Substances, 7506C, Washington, DC 20460

    Phone: 703-305-5944

    Email: frane.jean@epamail.epa.gov

    RIN: 2070-AD29

    3304. PESTICIDES; EMERGENCY EXEMPTION PROCESS REVISIONS

    Priority: Other Significant

    Legal Authority: 7 USC 136p; 7 USC 136w

    Page 38257

    CFR Citation: 40 CFR 166

    Legal Deadline: None

    Abstract: EPA will publish a Notice of Proposed Rulemaking in the

    Federal Register proposing several improvements to the pesticide emergency exemption process under section 18 of the Federal

    Insecticide, Fungicide, and Rodenticide Act (FIFRA). Two of these potential improvements are currently being tested through a limited pilot, and are based on recommendations from the States which are the primary applicants for emergency exemptions. EPA has established regulations under section 18 of FIFRA which allow a Federal or State agency to apply for an emergency exemption to allow an unregistered use of a pesticide for a limited time when such use is necessary to alleviate an emergency condition.

    Timetable:

    Action

    Date

    FR Cite

    Notice: Limited Pilot

    04/24/03

    68 FR 20145

    NPRM

    08/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: Federal, State

    Additional Information: SAN 4216.

    Sectors Affected: 9241 Administration of Environmental Quality Programs

    Agency Contact: Joe Hogue, Environmental Protection Agency, Office of

    Prevention, Pesticides and Toxic Substances, 7506C, Washington, DC 20460

    Phone: 703-308-9072

    Fax: 703 305-5884

    Email: hogue.joe@epamail.epa.gov

    Jean Frane, Environmental Protection Agency, Office of Prevention,

    Pesticides and Toxic Substances, 7506C, Washington, DC 20460

    Phone: 703-305-5944

    Email: frane.jean@epamail.epa.gov

    RIN: 2070-AD36

    Environmental Protection Agency (EPA)

    Final Rule Stage

    Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)

    3305. 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

    Supp NPRM 1

    10/21/99

    64 FR 56918

    Supp NPRM 2

    12/21/99

    64 FR 71368

    Notice: Reopen Comment Period 06/00/04

    Final Action

    01/00/06

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: Businesses

    Government Levels Affected: Federal

    Additional Information: SAN 2659.

    Sectors Affected: 32532 Pesticide and Other Agricultural Chemical

    Manufacturing; 11511 Support Activities for Crop Production; 42291 Farm

    Supplies Wholesalers

    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

    3306. WPS; PESTICIDE WORKER PROTECTION STANDARD (WPS); GLOVE AMENDMENT

    Priority: Substantive, Nonsignificant

    Legal Authority: 7 USC 136(w)

    CFR Citation: 40 CFR 170

    Legal Deadline: None

    Abstract: This final rule would create greater flexibility in requirements of the 1992 Worker Protection Standard related to the use of gloves by workers and applicators.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    09/09/97

    62 FR 47544

    Final Action

    07/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: Federal

    Additional Information: SAN 3731.

    Sectors Affected: 111 Crop Production; 1114 Greenhouse, Nursery and

    Floriculture Production; 1131 Timber Tract Operations; 115 Support

    Activities for Agriculture and Forestry

    Agency Contact: Nancy Vogel, Environmental Protection Agency, Office of

    Prevention, Pesticides and Toxic Substances, 7506C, Washington, DC 20460

    Phone: 703-305-6475

    Fax: 703 305-5884

    Email: vogel.nancy@epamail.epa.gov

    Jean Frane, Environmental Protection Agency, Office of Prevention,

    Pesticides and Toxic Substances, 7506C, Washington, DC 20460

    Phone: 703-305-5944

    Email: frane.jean@epamail.epa.gov

    RIN: 2070-AC93

    Page 38258

    3307. 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 Original

    12/14/01

    66 FR 64759

    Final Action

    12/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: Businesses

    Government Levels Affected: Federal

    Additional Information: SAN 3892.

    Sectors Affected: 32519 Other Basic Organic Chemical Manufacturing; 32532 Pesticide and Other Agricultural Chemical Manufacturing; 32551

    Paint and Coating Manufacturing; 32561 Soap and Cleaning Compound

    Manufacturing

    Agency Contact: Jean Frane, Environmental Protection Agency, Office of

    Prevention, Pesticides and Toxic Substances, 7506C, Washington, DC 20460

    Phone: 703-305-5944

    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

    Environmental Protection Agency (EPA)

    Long-Term Actions

    Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)

    3308. PESTICIDES; DATA REQUIREMENTS FOR BIOCHEMICAL AND MICROBIAL

    PRODUCTS

    Priority: Substantive, Nonsignificant

    Legal Authority: 7 USC 136

    CFR Citation: 40 CFR 158

    Legal Deadline: None

    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

    08/00/05

    Regulatory Flexibility Analysis Required: Undetermined

    Government Levels Affected: Federal

    Additional Information: SAN 4596.

    Sectors Affected: 32532 Pesticide and Other Agricultural Chemical

    Manufacturing

    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

    Email: frane.jean@epamail.epa.gov

    RIN: 2070-AD51

    3309. PESTICIDES; TOLERANCE PROCESSING FEES

    Priority: Other Significant

    Legal Authority: 21 USC 346(a)

    CFR Citation: 40 CFR 180

    Legal Deadline: None

    Abstract: In 1996, the Food Quality Protection Act amended the Federal

    Food, Drug, and Cosmetic Act to require EPA to charge tolerance fees that, in the aggregate, will cover all costs associated with processing tolerance actions, including filing a tolerance petition, and establishing, modifying, leaving in effect, or revoking a tolerance or tolerance exemption. This rule would have adjusted the fee structure and fee amounts for tolerance actions. However, under the Consolidated

    Appropriations Act of2004, signed on January 23, 2004, EPA is prohibited from collecting any tolerances fees until September 30, 2008. Accordingly, this rule will not be issued.

    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: Businesses

    Government Levels Affected: Federal

    Additional Information: SAN 4027.

    Sectors Affected: 32532 Pesticide and Other Agricultural Chemical

    Manufacturing

    Agency Contact: Jean Frane, Environmental Protection Agency, Office of

    Prevention, Pesticides and Toxic Substances, 7506C, Washington, DC 20460

    Phone: 703-305-5944

    Email: frane.jean@epamail.epa.gov

    RIN: 2070-AD23

    Page 38259

    3310. PESTICIDE TOLERANCE REASSESSMENT PROGRAM

    Priority: Routine and Frequent

    Legal Authority: 21 USC 346(a) to 346(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). FQPA requires that

    EPA conduct this reassessment on a phased 10-year schedule. Based on its reassessment, EPA will take a series of regulatory actions to modify or revoke tolerances. Since such actions are issued on a chemical-by-chemical basis, this regulatory plan entry does not list the individual actions that are likely to occur under this program. 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 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

    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

    3311. PLANT INCORPORATED PROTECTANTS (PIPS); EXEMPTION FOR THOSE BASED

    ON VIRAL COAT PROTEINS

    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 theFederal 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

    Supp NPRM 1

    07/22/96

    61 FR 37891

    Supp NPRM 2

    05/16/97

    62 FR 27132

    Supp NPRM-RCAN

    04/23/99

    64 FR 19958

    Final Resubmittal

    07/19/01

    66 FR 37855

    Final Action

    10/00/05

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: Federal

    Additional Information: SAN 4602. This action is a continuation of the action described in RIN 2070-AC02. Since several pieces of that action are now finalized, the Agency is splitting this piece into a separate

    Agenda entry so that it can continue to be tracked separately.

    Sectors Affected: 111 Crop Production; 32532 Pesticide and Other

    Agricultural Chemical Manufacturing; 54171 Research and Development in the Physical Sciences and Engineering Sciences

    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@epamail.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@epamail.epa.gov

    RIN: 2070-AD49

    3312. 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 engineering from sexually compatible plants from the requirement of a tolerance under section 408 of the

    Page 38260

    FFDCA. Due to public interest and new scientific information, additional public comment on this proposal, originally published in 1994, was requested in a recent Supplemental Proposal (66 FR 37855).

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    11/23/94

    59 FR 60496

    Supp NPRM 1

    07/22/96

    61 FR 37891

    Supp NPRM 2

    05/16/97

    62 FR 27132

    Supp NPRM 3

    04/23/99

    64 FR 19958

    Supp NPRM 4

    07/19/01

    66 FR 37855

    Supp 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 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 splitting this piece into a separate Agenda entry so that it can continue to be tracked separately.

    Sectors Affected: 111 Crop Production; 32532 Pesticide and Other

    Agricultural Chemical Manufacturing; 54171 Research and Development in the Physical Sciences and Engineering Sciences

    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

    3313. 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 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 recent 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

    Supp NPRM 1

    05/16/97

    62 FR 27132

    Supp NPRM 2

    04/23/99

    64 FR 19958

    Supp NPRM 3

    07/19/01

    66 FR 37855

    NPRM

    To Be

    Determined

    Final FFDCA

    To Be

    Determined

    Final Action

    To Be

    Determined

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: Federal

    Additional Information: SAN 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 splitting this piece into a separate

    Agenda entry so that it can continue to be tracked separately.

    Sectors Affected: 111 Crop Production; 32532 Pesticide and Other

    Agricultural Chemical Manufacturing; 54171 Research and Development in the Physical Sciences and Engineering Sciences

    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

    3314. ACCEPTABILITY OF RESEARCH USING HUMAN SUBJECTS

    Priority: Other Significant

    Legal Authority: 5 USC 301; 7 USC 136a; 7 USC 136w; 15 USC 2603; 21 USC 346a; 42 USC 300v-1(b); 42 USC 7601; 33 USC 1361; 42 USC 9615; 42 USC 11048; 42 USC 6912; 42 USC 300j-9

    CFR Citation: 40 CFR 26 (Revision)

    Legal Deadline: None

    Abstract: EPA is evaluating its current policy with respect to the protection of human research subjects in testing not conducted or supported by the Federal government. Current EPA regulations in 40 CFR part 26 apply to research conducted or supported by the Agency or

    ``otherwise subject to regulation.'' No action has been taken yet to give effect to the ``otherwise subject to regulation'' phrase. In addition, EPA has asked for and received the advice of the National

    Academy of Sciences (NAS) on several issues surrounding the acceptability and interpretation of third party studies involving deliberate dosing of human subjects for the purpose of defining or quantifying toxic endpoints. EPA will seek public comment on issues related to Agency use of human research data in its regulatory decisionmaking. EPA believes the process being initiated will serve two important Agency goals: ensuring the availability of sound and appropriate scientific data in its decisions, and protection of the rights andsafety of human research subjects. EPA may issue one or more documents, which may include policy statements, rulemaking or requests for public comment.

    Timetable:

    Action

    Date

    FR Cite

    ANPRM

    05/07/03

    68 FR 24410

    Notice/NPRM

    To Be

    Determined

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: Federal

    Additional Information: SAN 4610.

    Page 38261

    Sectors Affected: 32532 Pesticide and Other Agricultural Chemical

    Manufacturing

    Agency Contact: William Jordan, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7501C, Washington, DC 20460

    Phone: 703-305-1049

    Fax: 703-308-4776

    Email: jordan.william@epamail.epa.gov

    John Carley, Environmental Protection Agency, Office of Prevention,

    Pesticides and Toxic Substances, 7501C, Washington, DC 20460

    Phone: 703-305-7019

    Fax: 703-305-5060

    Email: carley.john@epamail.epa.gov

    RIN: 2070-AD57

    3315. REVISION OF PROCEDURAL RULES FOR HEARINGS ON CANCELLATIONS,

    SUSPENSIONS, CHANGES IN CLASSIFICATIONS, AND DENIALS OF PESTICIDE

    REGISTRATIONS

    Priority: Economically Significant

    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 provisionstailored 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.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    10/00/05

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Additional Information: SAN 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

    3316. GROUNDWATER AND PESTICIDE MANAGEMENT PLAN RULE

    Priority: Economically 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 are being reconsidered to determine whether the program can address water quality issues rather than ground-water only, and to determine the best partnership approach to implementation.

    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

    Final Action

    To Be

    Determined

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: Federal, State, Tribal

    Federalism: Undetermined

    Additional Information: SAN 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

    Jean Frane, Environmental Protection Agency, Office of Prevention,

    Pesticides and Toxic Substances, 7506C, Washington, DC 20460

    Phone: 703-305-5944

    Email: frane.jean@epamail.epa.gov

    RIN: 2070-AC46

    3317. PESTICIDES; EXEMPTION OF MEDICAL DEVICES TREATED WITH

    ANTIMICROBIAL PESTICIDES

    Priority: Substantive, Nonsignificant

    Legal Authority: 7 USC 136a; 7 USC 136w

    CFR Citation: 40 CFR 152.20

    Legal Deadline: None

    Abstract: This action will exempt from the requirements of FIFRA medical devices treated with antimicrobial pesticides. EPA has determined that these treated medical devices are adequately regulated by the Food and Drug Administration. This action would eliminate dual regulation of these products by EPA and FDA. EPA would continue to regulate the antimicrobial pesticide used to treat the medical device.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    To Be

    Determined

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Page 38262

    Additional Information: SAN 4609.

    Sectors Affected: 32619 Other Plastics Product Manufacturing; 31499 All

    Other Textile Product Mills

    Agency Contact: Melba Morrow, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7510C, Washington, DC 20460

    Phone: 703-308-2716

    Fax: 703 308-8481

    Email: morrow.melba@epamail.epa.gov

    RIN: 2070-AD54

    Environmental Protection Agency (EPA)

    Prerule Stage

    Toxic Substances Control Act (TSCA)

    3318. VOLUNTARY CHILDREN'S CHEMICAL EVALUATION PROGRAM (VCCEP)

    Priority: Substantive, Nonsignificant

    Legal Authority: 15 USC 2601 et seq (TSCA)

    CFR Citation: None

    Legal Deadline: None

    Abstract: This is a voluntary program to evaluate commercial chemicals to which children may have a high likelihood of exposure. Designed with extensive stakeholder participation, the purpose of this voluntary program is to obtain toxicity and exposure data needed to assess the risk of childhood exposure to commercial chemicals. EPA launched a pilot of this program on December 26, 2000. Manufacturers of 20 of the 23 pilot chemicals have volunteered to sponsor their chemicals in tier 1 in the pilot. A workshop was held in December 2001 to provide sponsors with additional guidance on the scope and content of the exposure assessments they will prepare. A peer consultation process is being used to evaluate the scientific merits of the hazard, exposure, and risk assessments submitted by sponsors. Assessments for six 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 Announcing VCCEP & Pilot 12/26/00

    65 FR 81700

    Notice of Public Review

    12/00/04

    Notice: Status of Pilot

    01/00/05

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: Federal

    Additional Information: SAN 4876.

    Sectors Affected: 325 Chemical Manufacturing; 32411 Petroleum

    Refineries

    URL For More Information: www.epa.gov/chemrtk/vccep

    Agency Contact: Ward Penberthy, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7405M, 7405M,

    Washington, DC 20460

    Phone: 202-564-8171

    Fax: 202 564-4765

    Email: penberthy.ward@epamail.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

    3319. LEAD; REQUIREMENTS FOR LEAD-BASED PAINT ACTIVITIES IN TARGET

    HOUSING AND CHILD-OCCUPIED FACILITIES (SECTION 610 REVIEW)

    Priority: Info./Admin./Other

    Legal Authority: TSCA 402/404; 15 USC 2682; 15 USC 2684

    CFR Citation: 40 CFR 745 subpart L; 40 CFR 745 subpart Q

    Legal Deadline: None

    Abstract: In August, 1996, the Environmental Protection Agency (EPA) promulgated regulations under section 402 of the Toxic Substances

    Control Act (TSCA) to ensure that individuals conducting lead-based paint activities in target housing and child-occupied facilities are properly trained and certified, that training programs providing instruction in such activities are accredited and that these activities are conducted according to reliable, effective and safe work practice standards. EPA also finalizeda Federal regulation under section 404 of

    TSCA that allows States and Indian Tribes to seek authorization to administer and enforce the regulations developed under section 402 for the training and certification of individuals conducting LBP activities and the accreditation of training programs for LBP activities in 1996

    (August 29, 1996, 61 FR 45778). EPA performed an analysis of the potential impacts on small entities and determined that this action is likely to have a modest adverse economic impact on a substantial number of small entities. The TSCA section 404 regulations became effective

    August 29, 1998. The final rule then provided for an additional phase- in period for the requirements for training program accreditation, individual and firm certification, and work practice standards.

    Regulations for accreditation of training programs became effective on

    March 1, 1999. Regulations for certification of individuals and firms became fully effective on March 1, 2000. EPA is reviewing the 1996 regulation pursuant to section 610 of the Regulatory Flexibility Act (5

    USC 610). The purpose of this review is to determine whether the rule should be continued without change, or should be amended or rescinded, to minimize economic impacts on small entities while still complying with the provisions of the Toxic Substances Control Act (TSCA). EPA has already solicited comment on the continued need for the rule; the complexity of the rule; the extent to which it overlaps, duplicates, or conflicts with other Federal, State, or local government rules; and the degree to which technology, economic conditions or other relevant factors have changed since the rule was promulgated. We expect to announce the completion of this review and report its outcome in 2004.

    See EPA Docket ID number

    Page 38263

    OPPT-2003-0015 at www.epa.gov/edocket.

    Timetable:

    Action

    Date

    FR Cite

    Final Action 1

    08/29/96

    61 FR 45778

    Review Begin

    05/27/03

    68 FR 30942

    Comment Period End

    12/22/03

    68 FR 73543

    Review End

    12/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Additional Information: SAN 4788.

    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

    Mike Wilson, Environmental Protection Agency, Office of Prevention,

    Pesticides and Toxic Substances, 7404T, Washington, DC 20460

    Phone: 202-566-0521

    Fax: 202 566-0469

    Email: wilson.mike@epamail.epa.gov

    RIN: 2070-AD65

    3320. [bullet][ls-thn-eq] NOTIFICATION OF CHEMICAL EXPORTS UNDER TSCA

    SECTION 12(B)

    Priority: Substantive, Nonsignificant

    Legal Authority: 15 USC 2611

    CFR Citation: 40 CFR 707

    Legal Deadline: None

    Abstract: Section 12(b)(2) of the Toxic Substances Control Act (TSCA) states, in part, that any person who exports or intends to export to a foreign country a chemical substance or mixture for which submission of data is required under section 4 or 5(b), or for which a rule, action or order has been proposed or promulgated under section 5, 6, or 7, shall notify the EPA Administrator of such export or intent to export.

    The Administrator in turn will notify the government of the importing country of EPA's regulatory action with respect to the substance.

    Legislation is currently pending to address the implementation in the

    US of the Rotterdam Convention on Prior Informed Consent (PIC), which itself includes export notification requirements. In order to address these concerns, and additional concerns expressed by other stakeholders, EPA intends to report to OMB in one year on the status of

    PIC implementation in the US. If the PIC agreement is in force in the

    US in August 2004, EPA will develop a plan of action for considering potential amendments to the 12(b) regulation. If the PIC Agreement is not yet in force in one year, EPA will take stock of the status of the

    PIC agreement in the US and, if appropriate, develop a plan of action for considering potential changes to the 12(b) regulation.

    Timetable:

    Action

    Date

    FR Cite

    Review Begin

    08/00/04

    Review End

    08/00/05

    Regulatory Flexibility Analysis Required: Undetermined

    Government Levels Affected: None

    Additional Information: SAN 4858.

    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 Williams, Environmental Protection Agency, Office of Prevention,

    Pesticides and Toxic Substances, 7405M, Washington, DC 20460

    Phone: 913-551-7625

    Fax: 202 564-4765

    Email: williams.dave@epamail.epa.gov

    RIN: 2070-AJ01

    3321. [bullet][ls-thn-eq] LEAD-BASED PAINT ACTIVITIES; VOLUNTARY PROGRAM

    FOR RENOVATION AND REMODELING

    Priority: Other Significant. Major under 5 USC 801.

    Unfunded Mandates: Undetermined

    Legal Authority: 15 USC 2682 ``TSCA 4 402''; PL 102-550 ``sec 402(c)(3)''

    CFR Citation: 40 CFR 745

    Legal Deadline: None

    Abstract: Under section 402(c)(2) of the Toxic Substances Control Act

    (TSCA) title IV, EPA conducted a study of the extent to which persons engaged in renovation and remodeling activities in target housing are exposed to lead in the conduct of such activities or disturb lead and create a lead-based paint hazard. EPA refers to the results of this study and consult with interested parties to determine which categories of renovation and remodeling activities require training and certification and which of the training and certification regulations originally developed for individuals performing lead-based paint abatement under section 402(a) of TSCA should be revised to apply them to the renovation and remodeling categories. If EPA determines that any category does not require certification, EPA must publish an explanation of the basis for that determination. As an alternative to the regulatory program, EPA is working with stakeholders to develop a voluntary program for renovations and remodeling activities. The voluntary program would partner the Agency and notional organizations together to promote an initiative which could provide incentives to participating contractors and property owners who incorporate lead safe work practices into their standard operating procedures. The Agency plans, in an ANPRM to be published in fall of 2004, to introduce the voluntary program, discuss its component parts, and review how it will be evaluated.

    Timetable:

    Action

    Date

    FR Cite

    Notice Announcing 1st Pilot

    09/00/04

    Notice Announcing 2nd Pilot

    05/00/05

    Regulatory Flexibility Analysis Required: Yes

    Small Entities Affected: Businesses

    Government Levels Affected: Federal, Local, State, Tribal

    Federalism: Undetermined

    Additional Information: SAN 3557.1. Split from RIN 2070-AC83.

    Agency Contact: Mike Wilson, Environmental Protection Agency, Office of

    Prevention, Pesticides and Toxic Substances, 7404T, Washington, DC 20460

    Phone: 202-566-0521

    Fax: 202 566-0469

    Email: wilson.mike@epamail.epa.gov

    Julie Simpson, Environmental Protection Agency, Office of Prevention,

    Pesticides and Toxic Substances, 7404T, Washington, DC 20460

    Page 38264

    Phone: 202-566-1980

    Fax: 202 566-0469

    Email: simpson.julie@epamail.epa.gov

    RIN: 2070-AJ03

    3322. [bullet][ls-thn-eq] 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: This notice will alert interested parties that EPA is considering new procedures and regulations for naming enzymes and proteins when listing such substances on the Toxic Substances Control

    Act (TSCA) Chemical Substances Inventory (Inventory). More specifically, this notice outlines four identification elements that

    EPA currently believes are appropriate for use in developing unique

    TSCA Inventory nomenclature for proteinaceous enzymes. This notice also solicits public comment on several specific questions relating to this topic.

    Timetable:

    Action

    Date

    FR Cite

    ANPRM

    09/00/04

    Regulatory Flexibility Analysis Required: Undetermined

    Government Levels Affected: None

    Additional Information: SAN 4878.

    Agency Contact: Jim Alwood, Environmental Protection Agency, Office of

    Prevention, Pesticides and Toxic Substances, 7405M, Washington, DC 20460

    Phone: 202-564-8974

    Fax: 202 564-9490

    Email: alwood.jim@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

    Environmental Protection Agency (EPA)

    Proposed Rule Stage

    Toxic Substances Control Act (TSCA)

    3323. 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: This regulatory action will eliminate exemptions under the

    Polymer Exemption Rule for certain polymers containing perfluoralkyl sulfonate (PFAS), perfluoroalkyl carboxylates (PFAC), perfluoroalky- containing telomers, and other polymers containing perfluoroalkkyl groups. Based on data on perfluorooctyl sulfonate (PFOS) and perfluorooctonic acid (PFOA), and other chemical substances containing perfluoroalkyl groups, EPA believes that these substances may persist in the environment, bioaccumulate, and be toxic. Certain polymers which contain PFAS, PFAC, perfluoroalkyl-containing telomers, or other substances with perfluoroalkyl groups, would no longer qualify for exemption from TSCA section 5 reporting.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    10/00/04

    Final Action

    03/00/05

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: Businesses

    Government Levels Affected: None

    Additional Information: SAN 4635.

    Sectors Affected: 325 Chemical Manufacturing; 327 Nonmetallic Mineral

    Product Manufacturing; 326 Plastics and Rubber Products Manufacturing

    Agency Contact: Rebecca Cool, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7405, Washington, DC 20460

    Phone: 202-564-9138

    Fax: 202 564-9490

    Email: cool.rebecca@epamail.epa.gov

    RIN: 2070-AD58

    3324. TEST RULE; CERTAIN CHEMICALS ON THE ATSDR PRIORITY LIST OF

    HAZARDOUS SUBSTANCES

    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: 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), the National Toxicology

    Program (NTP), 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 superfundsites, 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

    Page 38265

    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

    12/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: Businesses

    Government Levels Affected: Federal

    Additional Information: SAN 2563.

    Sectors Affected: 325 Chemical Manufacturing; 32411 Petroleum

    Refineries

    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

    3325. 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 2607(a) ``TSCA 8''; 15

    USC 2611 ``TSCA 12''; 15 USC 2625 ``TSCA 26''

    CFR Citation: 40 CFR 790 to 799; 40 CFR 704

    Legal Deadline: None

    Abstract: EPA is reproposing a test rule under section 4 of the Toxic

    Substances Control Act (TSCA) that would require manufacturers, defined by statute to include importers, and processors of seven (7) substances to conduct testing for developmental and/or reproductive toxicity. EPA is also proposing reporting rules for two of the seven substances.

    These rules would require the reporting of production volumes so it will be possible to determine when the testing program can be triggered for the two substances without causing a significant impact on revenues. This is a re-proposal of a test rule announced March 4, 1991

    (56 FR 9092).

    Timetable:

    Action

    Date

    FR Cite

    NPRM original

    03/04/91

    56 FR 9092

    NPRM

    06/00/05

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: Businesses

    Government Levels Affected: Federal

    Additional Information: SAN 4395.

    Sectors Affected: 325 Chemical Manufacturing; 32411 Petroleum

    Refineries

    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

    3326. TSCA INVENTORY UPDATE RULE REVISIONS

    Priority: Other Significant

    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, the reporting frequency, and the recordkeeping period, and to clarify language associated with petitioning to be partially exempt from reporting requirements and with reporting information on imported materials. Additionally, certain technical corrections, such as removing obsolete regulatory text associated with IUR reporting that occurred in 2002 and correcting certain paragraph references will be included. EPA anticipates adverse comments on moving the submission period and therefore is first proposing these changes.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    07/00/04

    Regulatory Flexibility Analysis Required: No

    Government Levels Affected: Federal

    Additional Information: SAN 3301.1. Split from RIN 2070-AC61.

    Sectors Affected: 324 Petroleum and Coal Products Manufacturing; 325

    Chemical Manufacturing

    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

    3327. 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 has established a program to monitor the commercial development of existing chemicals of concern and/or to gather 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

    Page 38266

    be published on at least the chemicals listed below.

    Timetable:

    Action

    Date

    FR Cite

    NPRM-2-4 Original

    09/27/89

    54 FR 39548

    NPRM-Chloranil

    05/12/93

    58 FR 27980

    NPRM-Benzidine

    08/30/95

    60 FR 45119

    Final-Benzidine

    10/07/96

    61 FR 52287

    NPRM-Heavy

    01/15/02

    67 FR 1937

    NPRM-p- Aminophenol

    06/00/04

    NPRM-2-4

    12/00/04

    Final-Heavy

    06/00/05

    NPRM-2-Etho

    06/00/05

    NPRM- Benzidine-amend

    06/00/05

    NPRM-Methylcyclo

    06/00/05

    NPRM-Certain

    09/00/05

    NPRM-o-Tolodine

    09/00/05

    Final- Benzidine-amend

    06/00/06

    Final-Chloranil

    12/00/06

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: Businesses

    Government Levels Affected: Federal

    Additional Information: SAN 1923.

    Sectors Affected: 32411 Petroleum Refineries; 325 Chemical

    Manufacturing

    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: 202 564-9490

    Email: alwood.jim@epamail.epa.gov

    RIN: 2070-AA58

    3328. SIGNIFICANT NEW USE RULE (SNUR); SELECTED FLAME RETARDANT CHEMICAL

    SUBSTANCES FOR USE IN RESIDENTIAL UPHOLSTERED FURNITURE

    Priority: Substantive, Nonsignificant

    Legal Authority: 15 USC 2604 ``TSCA 5''

    CFR Citation: 40 CFR 704; 40 CFR 721; 40 CFR 707; 40 CFR 710

    Legal Deadline: None

    Abstract: EPA is proposing a significant new use rule (SNUR) under section 5 of the Toxic Substances Control Act (TSCA) covering certain flame retardant chemicals for use in residential upholstered furniture.

    The SNUR would require companies wanting to import or manufacture these chemicals for the significant new uses described in the proposed rule to submit a significant new use notice (SNUN) to the Agency at least 90 days prior to beginning those activities.

    Timetable:

    Action

    Date

    FR Cite

    NPRM: Penta/Octa

    10/00/04

    NPRM: SFR

    12/00/04

    Final Action: Penta/Octa

    10/00/06

    Final Action: SFR

    12/00/06

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: Businesses

    Government Levels Affected: State

    Additional Information: SAN 4512.

    Sectors Affected: 325 Chemical Manufacturing; 313 Textile Mills; 337121

    Upholstered Household Furniture Manufacturing

    Agency Contact: Carolyn Grandson, Environmental Protection Agency,

    Office of Prevention, Pesticides and Toxic Substances, 7405M,

    Washington, DC 20460

    Phone: 202-564-8109

    Fax: 202 564-4775

    Email: grandson.carolyn@epamail.epa.gov

    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

    RIN: 2070-AD48

    3329. [bullet][ls-thn-eq] SIGNIFICANT NEW USE RULE (SNUR);

    PENTABROMODIPHENYLETHER AND OCTABROMODIPHENYLETHER

    Priority: Substantive, Nonsignificant

    Legal Authority: 15 USC 2604 ``TSCA section 5''

    CFR Citation: 40 CFR 704, 707, 710, 721

    Legal Deadline: None

    Abstract: Pentabromodiphenyl ether and octabromodiphenyl ether are two members of the class of chemicals called polybrominated diphenyl ethers, or PBDEs. There are commercial mixtures of PBDEs with different average amounts of bromination: penta-, octa-, and decaBDE. These chemicals are major components of commercial formulations often used as fire retardants in furniture foam (pentaBDE), plastics for TV cabinets, wire insulation, and backcoatings for draperies and upholstery

    (decaBDE), and plastics for personal computers (octaBDE). Environmental monitoring programs in Europe, Asia, North America, and the Arctic have detected several PBDEs in human breast milk, fish, aquatic birds, and elsewhere in the environment, with tetra- to hexabrominated BDEs being the most frequently detected. The exact mechanisms or pathways by which these PBDEs end up in the environment and humans 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 toxicity test data that is currently available indicate the potential for adverse effects to humans and environmental organisms, especially for lower brominated mixtures, and existing hazard and exposure information on PBDEs is incomplete. These factors, taken together, raise concerns for long term potential adverse effects in people and wildlife over time if the lower brominated pentaBDE and octaBDE should continue to be produced, released, and built up in the environment. EPA believes that pentaBDE and octaBDE are manufactured and imported in the United States only by the Great Lakes Chemical Corporation. Great Lakes has committed to phase out these chemicals voluntarily by discontinuing their manufacture by the end of 2004. EPA believes that any manufacture or import of these chemicals occurring after Great Lakes' phase-out dates would increase the magnitude and duration of exposure to these chemicals.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    10/00/04

    Regulatory Flexibility Analysis Required: Undetermined

    Page 38267

    Small Entities Affected: Businesses

    Government Levels Affected: Federal, State

    Federalism: Undetermined

    Additional Information: SAN 4870.

    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@epamail.epa.gov

    RIN: 2070-AJ02

    3330. [bullet][ls-thn-eq] 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 more than 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 has been prevented by a temporary restraining order issued by the U.S. District Court for D.C.

    A hearing will be held in June to determine if the export of these 9 vessels can proceed and the Able UK facility must reapply for various national and local permits before it can proceed with scrapping of any

    MARAD vessels. Following issuance of a letter of enforcement discretion in May 2003, MARAD has made plans to submit a petition for an export ban exemption under TSCA 6(e)(3)(B). 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

    01/00/05

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: Federal

    Additional Information: SAN 2150.1. Split from RIN 2070-AB20.

    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-AJ05

    Environmental Protection Agency (EPA)

    Final Rule Stage

    Toxic Substances Control Act (TSCA)

    3331. 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

    06/11/93

    58 FR 32628

    Final Rule: 84-1056

    12/00/04

    Final Rule: 86-566

    12/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Additional Information: SAN 1976.

    Sectors Affected: 325 Chemical Manufacturing; 324 Petroleum and Coal

    Products Manufacturing

    Agency Contact: Jim Alwood, Environmental Protection Agency, Office of

    Prevention, Pesticides and Toxic Substances, 7405M, Washington, DC 20460

    Phone: 202-564-8974

    Fax: 202 564-9490

    Email: alwood.jim@epamail.epa.gov

    Rebecca Cool, Environmental Protection Agency, Office of Prevention,

    Pesticides and Toxic Substances, 7405, Washington, DC 20460

    Phone: 202-564-9138

    Fax: 202 564-9490

    Email: cool.rebecca@epamail.epa.gov

    RIN: 2070-AA59

    3332. 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 ``TSCA 5''

    CFR Citation: 40 CFR 721

    Legal Deadline: None

    Page 38268

    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, EPAextends 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 1

    06/06/94

    59 FR 29255

    NPRM 2

    12/19/94

    59 FR 65289

    NPRM 3

    06/26/97

    62 FR 34421

    NPRM 4

    09/09/98

    63 FR 48157

    Final 1

    12/00/04

    Final 2

    12/00/04

    Final 3

    12/00/04

    Final Action 4

    12/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: Businesses

    Government Levels Affected: None

    Additional Information: SAN 3495.

    Sectors Affected: 324 Petroleum and Coal Products Manufacturing; 325

    Chemical Manufacturing

    Agency Contact: Jim Alwood, Environmental Protection Agency, Office of

    Prevention, Pesticides and Toxic Substances, 7405M, Washington, DC 20460

    Phone: 202-564-8974

    Fax: 202 564-9490

    Email: alwood.jim@epamail.epa.gov

    Rebecca Cool, Environmental Protection Agency, Office of Prevention,

    Pesticides and Toxic Substances, 7405, Washington, DC 20460

    Phone: 202-564-9138

    Fax: 202 564-9490

    Email: cool.rebecca@epamail.epa.gov

    RIN: 2070-AB27

    3333. TEST RULES AND ENFORCEABLE CONSENT AGREEMENTS UNDER THE TOXIC

    SUBSTANCES CONTROL ACT (GENERIC 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 in substantial quantities that could result in significant or substantial human or environmental exposure, (2) the available data to evaluate the chemical are inadequate, and (3) testingis 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. EPA is considering whether to require testing on the chemicals listed below through rulemaking, or enforceable consent agreements (ECAs), or will publish a notice which provides the reasons for not doing so for chemicals listed herein. These chemicals 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 list also includes chemicals or categories of chemicals which have been identified for testing consideration by other Federal or other EPA offices through EPA review processes.

    Timetable:

    Action

    Date

    FR Cite

    ANPRM (Aryl Phos)

    12/29/83

    48 FR 57452

    NPRM (BFRs)

    06/25/91

    56 FR 29140

    NPRM (Aryl Phos)

    01/17/92

    57 FR 2138

    Final Action-ECA (DBE)

    08/05/99

    64 FR 42692

    Final Action-ECA (TCE)

    06/15/00

    65 FR 37550

    Final Action-ECA (EDC)

    06/03/03

    68 FR 33125

    Final Action-ECA (H.F.)

    12/00/04

    Final Action-ECA (M.A.)

    12/00/04

    Final Action-ECA (P.A.)

    12/00/04

    Final Action-ECA (ArylP)

    06/00/05

    Final Action-ECA (DEA)

    06/00/05

    Supplemental NPRM (BFRs)

    03/00/06

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: Businesses

    Government Levels Affected: Federal

    Additional Information: SAN 3493.

    Sectors Affected: 325 Chemical Manufacturing; 32411 Petroleum

    Refineries

    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

    3334. TEST RULE; TESTING OF CERTAIN HIGH PRODUCTION VOLUME (HPV)

    CHEMICALS

    Priority: Substantive, Nonsignificant

    Legal Authority: 15 USC 2603; 15 USC 2611 to 261212; 15 USC 2625 to 2626

    CFR Citation: 40 CFR 790 to 799

    Legal Deadline: None

    Page 38269

    Abstract: This rule will require testing and recordkeeping requirements for certain high production volume (HPV) chemicals (i.e., chemicals which are manufactured (including imported) in the aggregate at more than 1 million pounds on an annual basis). Although varied based on specific data needs for the particular chemical, the data generally collected under this rule may include: acute toxicity, repeat dose toxicity, developmental and reproductive toxicity, mutagenicity, ecotoxicity, and environmental fate. The first rule proposed testing for 37 HPV chemicals with substantial worker exposure. The number may be reduced based on new information on annual production volumes, worker exposure, and commitments to the HPV Challenge Program. The action is part of the Chemical Right-to-Know Initiative, which is described in The Regulatory Plan.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    12/26/00

    65 FR 81658

    Final Action

    12/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: Businesses

    Government Levels Affected: Federal

    Additional Information: SAN 3990. See also the Regulatory Plan entry entitled Chemical Right-to-Know Initiative (RIN 2070-AD25; SAN 4176).

    Sectors Affected: 325 Chemical Manufacturing; 32411 Petroleum

    Refineries

    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-AD16

    3335. 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-relateddata (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. These data will also support risk assessment and test rule decisions.

    Timetable:

    Action

    Date

    FR Cite

    Final 37th ITC List

    02/28/96

    61 FR 7421

    Final 38th ITC List

    10/29/96

    61 FR 55871

    Final 38th ITC List-Stay

    12/11/96

    61 FR 65186

    Final 38th-tech stay

    01/07/98

    63 FR 684

    Final 38th ITC-rev

    01/11/00

    65 FR 1548

    Final 39th ITC List

    01/11/00

    65 FR 1548

    Final 41st ITC List

    07/05/00

    65 FR 41371

    Final 42nd ITC List

    07/24/00

    65 FR 45535

    Final 47th ITC List

    07/26/01

    66 FR 38955

    Final 51st ITC List

    06/11/03

    68 FR 34832

    Final 53rd ITC List

    11/00/04

    Final 54th ITC List

    11/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: Businesses

    Government Levels Affected: None

    Additional Information: SAN 2178.

    Sectors Affected: 32411 Petroleum Refineries; 325 Chemical

    Manufacturing

    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

    3336. 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 manufacturers, importers and processors to submit unpublished health and safety data on chemicals added to the requirements of the Toxic Substances Control Act 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.

    Timetable:

    Action

    Date

    FR Cite

    Final: 38th ITC List

    10/29/96

    61 FR 55871

    Final: 38th ITC List

    12/11/96

    61 FR 65186

    Final: 38th ITC List

    01/07/98

    63 FR 684

    Final: 38th ITC List

    01/11/00

    65 FR 1548

    Final: 43, 47, 50 & 51st ITC

    Lists

    05/04/04

    69 FR 24517

    Final: 54th ITC List

    10/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: Businesses

    Government Levels Affected: None

    Additional Information: SAN 1139.

    Sectors Affected: 32411 Petroleum Refineries; 325 Chemical

    Manufacturing

    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

    Page 38270

    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

    3337. [bullet][ls-thn-eq] 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 (manmade) 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 theToxic 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 andexposure pathways leading to the presence of PFOA in humans and the environment.

    Timetable:

    Action

    Date

    FR Cite

    Notice

    12/00/04

    Regulatory Flexibility Analysis Required: Undetermined

    Small Entities Affected: Businesses

    Government Levels Affected: Federal

    Additional Information: SAN 3493.1. Split from RIN 2070-AB94.

    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

    Environmental Protection Agency (EPA)

    Long-Term Actions

    Toxic Substances Control Act (TSCA)

    3338. 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.

    Timetable:

    Action

    Date

    FR Cite

    Model Plan

    05/13/92

    57 FR 20438

    Interim Final Action

    02/03/94

    59 FR 5236

    Final Action

    05/00/06

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: Businesses

    Government Levels Affected: Federal, State, Local, Tribal

    Federalism: Undetermined

    Additional Information: SAN 3148.

    Sectors Affected: 611519 Other Technical and Trade Schools

    Agency Contact: Robert Courtnage, Environmental Protection Agency,

    Office of Prevention, Pesticides and Toxic Substances, 7404T,

    Washington, DC 20460

    Phone: 202-564-8593

    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

    3339. 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.

    Page 38271

    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.

    Timetable:

    Action

    Date

    FR Cite

    ANPRM

    05/13/91

    56 FR 22096

    NPRM

    03/09/94

    59 FR 11122

    Final Action

    12/00/06

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: Businesses

    Government Levels Affected: Federal

    Additional Information: SAN 3252.

    Agency Contact: Julie Simpson, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7404T, Washington, DC 20460

    Phone: 202-566-1980

    Fax: 202 566-0469

    Email: simpson.julie@epamail.epa.gov

    Mike Wilson, Environmental Protection Agency, Office of Prevention,

    Pesticides and Toxic Substances, 7404T, Washington, DC 20460

    Phone: 202-566-0521

    Fax: 202 566-0469

    Email: wilson.mike@epamail.epa.gov

    RIN: 2070-AC21

    3340. LEAD-BASED PAINT ACTIVITIES; TRAINING, ACCREDITATION, AND

    CERTIFICATION RULE AND MODEL STATE PLAN RULE--BRIDGES AND STRUCTURES

    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 2603 ``TSCA 4''; 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 fortraining 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

    10/00/05

    Final Action

    12/00/07

    Regulatory Flexibility Analysis Required: Undetermined

    Small Entities Affected: Businesses

    Government Levels Affected: Federal, Local, State, Tribal

    Federalism: Undetermined

    Additional Information: SAN 4376.

    Sectors Affected: 23411 Highway and Street Construction; 611519 Other

    Technical and Trade Schools

    Agency Contact: Joel Wolf, Environmental Protection Agency, Office of

    Prevention, Pesticides and Toxic Substances, 7404T, Washington, DC 20460

    Phone: 202-260-3890

    Fax: 202 566-0471

    Email: wolf.joel@epamail.epa.gov

    Julie Simpson, Environmental Protection Agency, Office of Prevention,

    Pesticides and Toxic Substances, 7404T, Washington, DC 20460

    Phone: 202-566-1980

    Fax: 202 566-0469

    Email: simpson.julie@epamail.epa.gov

    RIN: 2070-AC64

    3341. LEAD; MANAGEMENT AND DISPOSAL OF LEAD-BASED PAINT DEBRIS

    Priority: Other Significant

    Legal Authority: 15 USC 2682; 15 USC 2684; 42 USC 6901 to 6992

    CFR Citation: 40 CFR 745

    Legal Deadline: None

    Abstract: Currently, waste derived from lead-based paint (LBP) abatements is managed under the Resource Conservation and Recovery Act

    (RCRA) hazardous waste regulations. Other Federal agencies (Department of Housing and Urban Development, Department of Health and Human

    Services) and several States and advocacy groups expressed concern that the costs associated with the disposal of large volume architectural components (e.g., doors and windows) may interfere with abatement activities. EPA's Office of Prevention, Pesticides and Toxic Substances and the Office of Solid Waste initiated a joint rulemaking to address the disposal of these architectural components. The proposed rule developed disposal standards for these components under the Toxic

    Substances Control Act (TSCA) title IV, (the definition of abatement under TSCA title IV, section 401(1)(B), includes disposal). The TSCA proposal established appropriate disposal standards for LBP architectural components and identified recycling and incineration activities that would be controlled or prohibited. To minimize duplication of waste management requirements, EPA is developed a companion RCRA rule to suspend temporarily hazardous waste management regulations applicable to lead-based paint debris which will be subject to the new TSCA standards. On July 31, 2000, the Office of Solid Waste clarified that any LBP waste generated from LBP abatements or renovation and remodeling activities in households, including single and multiple residences and hotels, qualifies for the household waste exemption from the RCRA hazardous waste requirements of Subtitle C. The primary purpose of these amendments was to create less expensive disposal options for LBP waste. The proposal also indicated that EPA had no plans to finalize the 1998 proposal as it pertained to the RCRA program. On June 18, 2003, OSW issued its final rule entitled

    ``Criteria for Classification of Solid Waste Disposal Facilities.'' The final TSCA rule will address remaining issues affecting disposal, reuse, and transportation and containerization of LBP debris.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    12/18/98

    63 FR 70189

    Comment Extension

    02/12/99

    64 FR 7159

    Page 38272

    NPRM (OSW)

    10/23/01

    66 FR 53566

    Final Action (OSW)

    06/18/03

    68 FR 36487

    Final Action

    10/00/05

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: Businesses

    Government Levels Affected: Federal, Local, State, Tribal

    Additional Information: SAN 3508. See also RCRA companion rule:

    Temporary Suspension of Toxicity Characteristic Rule for Specified

    Lead-Based Paint Debris (SAN 4263; RIN 2050-AE68).,

    NPRM-http://www.epa.gov/fedrgstr/EPA-

    TRI/1998/December/Day-18/tri33326.htm

    Sectors Affected: 233 Building, Developing and General Contracting; 23332 Commercial and Institutional Building Construction; 23542

    Drywall, Plastering, Acoustical and Insulation Contractors; 23592 Glass and Glazing Contractors; 23521 Painting and Wall Covering Contractors; 23511 Plumbing, Heating and Air-Conditioning Contractors; 23321 Single

    Family Housing Construction; 562111 Solid Waste Collection; 54138

    Testing Laboratories; 23594 Wrecking and Demolition Contractors

    Agency Contact: Julie Simpson, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7404T, Washington, DC 20460

    Phone: 202-566-1980

    Fax: 202 566-0469

    Email: simpson.julie@epamail.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-AC72

    3342. LEAD-BASED PAINT ACTIVITIES; ABATEMENT AMENDMENTS FOR RENOVATION

    AND REMODELING

    Priority: Other Significant. Major under 5 USC 801.

    Unfunded Mandates: Undetermined

    Legal Authority: 15 USC 2682 ``TSCA 402''; PL 102-550 ``sec 402(c)(3)''

    CFR Citation: 40 CFR 745

    Legal Deadline: Final, Statutory, October 28, 1996.

    Abstract: In accordance with section 402(c)(3) of the Toxic Substances

    Control Act (TSCA), EPA may consider introducing regulatory requirements for renovation and remodeling contractors who work in target housing and child-occupied facilities where, as a result of their work, lead hazards are created. In anticipation of these requirements, the Agency is reviewing the existing training and certification requirements for abatement contractors codified at 40 CFR part 745, subpart L. The modifications to the abatement requirements will ensure compatibility between the existing requirements and any future renovation requirements. This is necessary because there is considerable overlap between the workforce and techniques associated with the two regulated activities. These revisions will also provide an opportunity for the Agency to address minor technical and procedural amendments that correct long-standing errors in the existing requirements or update them based on program experiences to date.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    05/00/08

    Regulatory Flexibility Analysis Required: Yes

    Small Entities Affected: Businesses

    Government Levels Affected: Federal, Local, State, Tribal

    Federalism: Undetermined

    Additional Information: SAN 3557.

    Sectors Affected: 23599 All Other Special Trade Contractors; 23551

    Carpentry Contractors; 53111 Lessors of Residential Buildings and

    Dwellings; 23322 Multifamily Housing Construction; 23521 Painting and

    Wall Covering Contractors; 531311 Residential Property Managers; 23321

    Single Family Housing Construction; 54138 Testing Laboratories

    Agency Contact: Mike Wilson, Environmental Protection Agency, Office of

    Prevention, Pesticides and Toxic Substances, 7404T, Washington, DC 20460

    Phone: 202-566-0521

    Fax: 202 566-0469

    Email: wilson.mike@epamail.epa.gov

    Julie Simpson, Environmental Protection Agency, Office of Prevention,

    Pesticides and Toxic Substances, 7404T, Washington, DC 20460

    Phone: 202-566-1980

    Fax: 202 566-0469

    Email: simpson.julie@epamail.epa.gov

    RIN: 2070-AC83

    3343. 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

    12/06/94

    59 FR 62875

    NPRM 1

    09/17/02

    67 FR 58567

    Final 1

    01/31/03

    68 FR 4934

    NPRM: MARAD Petition

    09/00/04

    Final Action

    12/00/06

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: Businesses

    Government Levels Affected: None

    Additional Information: SAN 2150.

    Sectors Affected: 2211 Electric Power Generation, Transmission and

    Distribution; 31-33 Manufacturing; 5133 Telecommunications

    Agency Contact: Peter Gimlin, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7404T, Washington, DC 20460

    Page 38273

    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

    3344. 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

    06/00/06

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: Businesses

    Government Levels Affected: Federal, State, Local, Tribal

    Federalism: Undetermined

    Additional Information: SAN 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

    Agency Contact: Laura Casey, Environmental Protection Agency, Office of

    Prevention, Pesticides and Toxic Substances, 7404T, Washington, DC 20460

    Phone: 202-566-1982

    Fax: 202 566-0473

    Email: casey.laura@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

    3345. TEST RULE; HAZARDOUS AIR POLLUTANTS (HAPS)

    Priority: Other Significant

    Legal Authority: 15 USC 2603 ``TSCA 4''; 15 USC 2611 ``TSCA 12''

    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

    Supp NPRM

    12/24/97

    62 FR 67466

    Supp NPRM 2

    04/21/98

    63 FR 19694

    NPRM - Reproposal

    06/00/06

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: Businesses

    Government Levels Affected: Federal

    Additional Information: SAN 3487.

    Sectors Affected: 32411 Petroleum Refineries; 325 Chemical

    Manufacturing

    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

    3346. TEST RULE; CERTAIN METALS

    Priority: Substantive, Nonsignificant

    Legal Authority: 15 USC 2603 ``TSCA 4''; 15 USC 2611 ``TSCA 12''; 15

    USC 2625 ``TSCA 26''

    CFR Citation: 40 CFR 790 to 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 Agencies 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), the National Toxicology Program (NTP) and EPA pursuant to the Comprehensive Environmental

    Page 38274

    Response, Compensation and Liability Act (CERCLA) section 104(I), the

    Clean Air Act (CAA) section 112 and other statutes requiring risk assessments, health assessments, permits, standards, guidelines, listing/delisting, and other decisions affecting public health and the environment. 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 3882.

    Sectors Affected: 325 Chemical Manufacturing; 32411 Petroleum

    Refineries

    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

    3347. TESTING AGREEMENT FOR CERTAIN OXYGENATED FUEL ADDITIVES

    Priority: Substantive, Nonsignificant

    Legal Authority: 15 USC 2603 ``TSCA 4''; 15 USC 2611 ``TSCA 12''; 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 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 is finalized.

    Timetable:

    Action

    Date

    FR Cite

    Notice to solicit

    06/00/05

    Notice ECA

    12/00/06

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: Businesses

    Government Levels Affected: None

    Additional Information: SAN 4174.

    Sectors Affected: 325 Chemical Manufacturing; 32411 Petroleum

    Refineries

    Agency Contact: Ward Penberthy, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7405M, 7405M,

    Washington, DC 20460

    Phone: 202-564-8171

    Fax: 202 564-4765

    Email: penberthy.ward@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

    3348. 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

    09/00/06

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: Businesses

    Government Levels Affected: None

    Additional Information: SAN 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: 202-564-8593

    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

    Page 38275

    3349. VOLUNTARY HIGH PRODUCTION VOLUME (HPV) CHEMICAL CHALLENGE PROGRAM

    Priority: Other Significant

    Legal Authority: 15 USC 2601 et seq (TSCA)

    CFR Citation: None

    Legal Deadline: None

    Abstract: One of the key components of the Chemical Right-to-Know

    (ChemRTK) Initiative is the HPV Challenge Program. The goal of this program is to ensure that a baseline set of health and environmental effects data on approximately 2,800 high production volume (HPV) chemicals is made available to EPA and the public. U.S. HPV chemicals are industrial chemicals that are manufactured or imported into the

    United States in volumes of 1 million pounds or more per year. U.S.

    Manufacturers and importers of HPV chemicals were invited to voluntarily sponsor chemicals in the HPV Challenge Program. Sponsorship entails the identification and initial assessment of the adequacy of existing information, the conduct of new testing only if adequate information does not exist, and making the new and existing test results available to the public. 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

    12/00/05

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: Businesses

    Government Levels Affected: Federal

    Additional Information: SAN 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

    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: 202 564-9490

    Email: alwood.jim@epamail.epa.gov

    RIN: 2070-AD25

    3350. 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 forcommercial 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

    Government Levels Affected: Federal

    Additional Information: SAN 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, 7405, Washington, DC 20460

    Phone: 202-564-9138

    Fax: 202 564-9490

    Email: cool.rebecca@epamail.epa.gov

    RIN: 2070-AD53

    3351. LEAD; AMENDMENTS TO REQUIREMENTS FOR DISCLOSURE OF KNOWN LEAD-

    BASED PAINT OR LEAD-BASED PAINT HAZARDS IN TARGET HOUSING

    Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined.

    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

    Page 38276

    that apply to these transactions. Overall burden is not expected to increase significantly.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    02/00/06

    Final Action

    05/00/08

    Regulatory Flexibility Analysis Required: Undetermined

    Small Entities Affected: Businesses

    Government Levels Affected: Federal, State, Tribal

    Federalism: Undetermined

    Additional Information: SAN 4777.

    Sectors Affected: 53111 Lessors of Residential Buildings and Dwellings; 53121 Offices of Real Estate Agents and Brokers; 531311 Residential

    Property Managers; 92511 Administration of Housing Programs; 522292

    Real Estate Credit

    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: 202 566-0469

    Email: simpson.julie@epamail.epa.gov

    RIN: 2070-AD64

    Environmental Protection Agency (EPA)

    Completed Actions

    Toxic Substances Control Act (TSCA)

    3352. LEAD; NOTIFICATION REQUIREMENTS FOR LEAD-BASED PAINT ABATEMENT

    ACTIVITIES AND TRAINING

    Priority: Substantive, Nonsignificant

    CFR Citation: 40 CFR 745

    Completed:

    Reason

    Date

    FR Cite

    Final Action

    04/08/04

    69 FR 18495

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: Businesses

    Government Levels Affected: Federal, Local, State, Tribal

    Agency Contact: Mike Wilson

    Phone: 202-566-0521

    Fax: 202 566-0469

    Email: wilson.mike@epamail.epa.gov

    Julie Simpson

    Phone: 202-566-1980

    Fax: 202 566-0469

    Email: simpson.julie@epamail.epa.gov

    RIN: 2070-AD31

    3353. TEST RULE; IN VITRO DERMAL ABSORPTION RATE TESTING OF CERTAIN

    CHEMICALS OF INTEREST TO THE OCCUPATIONAL SAFETY AND HEALTH

    ADMINISTRATION

    Priority: Substantive, Nonsignificant

    CFR Citation: 40 CFR 790 to 799

    Completed:

    Reason

    Date

    FR Cite

    Final Action

    04/26/04

    69 FR 22402

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: Businesses

    Government Levels Affected: Federal

    Agency Contact: Catherine Roman

    Phone: 202-564-8172

    Fax: 202 564-4765

    Email: roman.catherine@epamail.epa.gov

    Greg Schweer

    Phone: 202-564-8469

    Fax: 202 564-4765

    Email: schweer.greg@epamail.epa.gov

    RIN: 2070-AD42

    3354. TSCA SECTION 8(E) POLICY; NOTICE OF CLARIFICATION

    Priority: Substantive, Nonsignificant

    CFR Citation: Not Yet Determined

    Completed:

    Reason

    Date

    FR Cite

    Final Action

    06/03/03

    68 FR 33129

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: Businesses

    Government Levels Affected: None

    Agency Contact: Richard Hefter

    Phone: 202 564-7649

    Fax: 202 564-7460

    Email: hefter.richard@epa.gov

    Terry O'Bryan

    Phone: 202 564-7656

    Fax: 202 564-7450

    Email: obryan.terry@epa.gov

    RIN: 2070-AC80

    Page 38277

    Environmental Protection Agency (EPA)

    Proposed Rule Stage

    Emergency Planning and Community Right--to--Know Act (EPCRA)

    3355. 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 a very conservative 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 to revise the TPQ for solids in solution and seek comment on an alternative approach based on industry's request to revisit the TPQ rationale for the chemical paraquat dichloride (handled as a solid in aqueous solution). Use of this experimental data would likely raise the TPQ for solids in solution and 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 will 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

    05/00/05

    Regulatory Flexibility Analysis Required: No

    Government Levels Affected: None

    Additional Information: SAN 4753.

    Agency Contact: Kathy Franklin, Environmental Protection Agency, Solid

    Waste and Emergency Response, 5104A, Washington, DC 20460

    Phone: 202-564-7987

    Fax: 202 564-8444

    Email: franklin.kathy@epamail.epa.gov

    Sicy Jacob, Environmental Protection Agency, Solid Waste and Emergency

    Response, 5104A, Washington, DC 20460

    Phone: 202-564-8019

    Fax: 202 564-8233

    Email: jacob.sicy@epamail.epa.gov

    RIN: 2050-AF08

    3356. 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

    08/00/04

    Final Action

    08/00/05

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: Businesses

    Government Levels Affected: Federal, State

    Additional Information: SAN 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

    John Dombrowski, Environmental Protection Agency, Office of

    Environmental Information, 2844T, Washington, DC 20460

    Phone: 202-566-0742

    Fax: 202-566-0741

    Email: dombrowski.john@epamail.epa.gov

    RIN: 2025-AA12

    3357. [bullet][ls-thn-eq] TOXICS RELEASE INVENTORY REPORTING BURDEN

    REDUCTION RULE

    Priority: Substantive, Nonsignificant

    Legal Authority: 42 USC 11023 et seq

    CFR Citation: 40 CFR 372

    Legal Deadline: None

    Abstract: The primary goal of this effort by EPA is to reduce burdens associated with TRI reporting while at the same time continuing to provide valuable information to the public consistent with the goals and statutory requirements of the TRI program. But at the same time ensures that Toxics

    Page 38278

    Release Inventory (TRI) continues to provide communities with the same high level of significant chemical release and other waste management information.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    05/00/05

    Final Action

    05/00/06

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Additional Information: SAN 4896.

    Agency Contact: Cassandra Vail, Environmental Protection Agency, Office of Environmental Information, 2844, Washington, DC 20460

    Phone: 202-566-0753

    Fax: 202 566-0741

    Email: vail.cassandra@epamail.epa.gov

    Evangeline Cummings, Environmental Protection Agency, Office of

    Environmental Information, 2844, Washington, DC 20460

    Phone: 202-566-0621

    Fax: 202-566-0706

    Email: cummings.evangeline@epamail.epa.gov

    RIN: 2025-AA14

    Environmental Protection Agency (EPA)

    Final Rule Stage

    Emergency Planning and Community Right--to--Know Act (EPCRA)

    3358. RESPONSE TO A PETITION REQUESTING DELETION OF PHOSMET FROM THE

    EXTREMELY HAZARDOUS SUBSTANCES (EHS) LIST

    Priority: Substantive, Nonsignificant

    Legal Authority: 42 USC 11002; 42 USC 11004; 42 USC 11048

    CFR Citation: 40 CFR 355

    Legal Deadline: None

    Abstract: EPA has received a petition requesting that phosmet be removed from the list of Extremely Hazardous Substances (EHS) under the

    Emergency Planning and Community Right-to-Know Act (EPCRA). The petitioner claims that phosmet does not meet the acute toxicity criteria for listing. The proposed rule was published on November 12, 2003. EPA received nine comments, eight of those were from organizations which supported the delisting of phosmet. EPA is in the process of finalizing this action.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    11/12/03

    68 FR 64041

    Final Action

    08/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Additional Information: SAN 3994.

    Sectors Affected: 42291 Farm Supplies Wholesalers; 11133 Noncitrus

    Fruit and Tree Nut Farming; 111421 Nursery and Tree Production

    Agency Contact: Kathy Franklin, Environmental Protection Agency, Solid

    Waste and Emergency Response, 5104A, Washington, DC 20460

    Phone: 202-564-7987

    Fax: 202 564-8444

    Email: franklin.kathy@epamail.epa.gov

    Sicy Jacob, Environmental Protection Agency, Solid Waste and Emergency

    Response, 5104A, Washington, DC 20460

    Phone: 202-564-8019

    Fax: 202 564-8233

    Email: jacob.sicy@epamail.epa.gov

    RIN: 2050-AE42

    3359. 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

    12/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: Federal, State

    Additional Information: SAN 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

    John Dombrowski, Environmental Protection Agency, Office of

    Environmental Information, 2844T, Washington, DC 20460

    Phone: 202-566-0742

    Fax: 202-566-0741

    Email: dombrowski.john@epamail.epa.gov

    RIN: 2025-AA10

    Page 38279

    Environmental Protection Agency (EPA)

    Long-Term Actions

    Emergency Planning and Community Right--to--Know Act (EPCRA)

    3360. 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

    Supp NPRM

    To Be

    Determined

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: Local, State

    Additional Information: SAN 3215.

    Agency Contact: Vanessa Rodriguez, Environmental Protection Agency,

    Solid Waste and Emergency Response, 5104A, Washington, DC 20460

    Phone: 202-564-7913

    Fax: 202 564-8233

    Email: rodriguez.vanessa@epamail.epa.gov

    Sicy Jacob, Environmental Protection Agency, Solid Waste and Emergency

    Response, 5104A, Washington, DC 20460

    Phone: 202-564-8019

    Fax: 202 564-8233

    Email: jacob.sicy@epamail.epa.gov

    RIN: 2050-AE17

    3361. TRI; REVIEW OF CHEMICALS ON THE ORIGINAL TRI LIST

    Priority: Other Significant

    Legal Authority: 42 USC 1101 et seq

    CFR Citation: 40 CFR 372

    Legal Deadline: None

    Abstract: When TRI was established by Congress in 1986, the statutory language placed 309 chemicals and 20 categories of chemicals on the TRI list; that is referred to as the original TRI list. The chemicals on the original list were taken from two existing lists of toxic substances: the Maryland Chemical Inventory Report List of Toxic or

    Hazardous Substances, and the New Jersey Environmental Hazardous

    Substances list. This action constitutes the first systematic review of toxicology and environmental data for all the chemicals on the original

    TRI list to determine whether data for those chemicals conform with the statutory criteria for listing of chemicals on TRI. Chemicals for which data do not meet the statutory criteria will be delisted.

    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 4015. Formerly listed as RIN 2070-AD18.

    AFFECTED SECTORS: 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 RecoveryServices (SIC code 7389).

    URL For More Information: www.epa.gov/tri

    Agency Contact: Steve Devito, Environmental Protection Agency, Office of Environmental Information, 2844T, Washington, DC 20460

    Phone: 202-566-0755

    Fax: 202 566-0741

    Email: devito.steve@epamail.epa.gov

    John Dombrowski, Environmental Protection Agency, Office of

    Environmental Information, 2844T, Washington, DC 20460

    Phone: 202-566-0742

    Fax: 202-566-0741

    Email: dombrowski.john@epamail.epa.gov

    RIN: 2025-AA03

    3362. TRI; RESPONSES TO PETITIONS RECEIVED TO ADD OR DELETE OR MODIFY

    CHEMICAL LISTINGS ON THE TOXIC 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 is an ongoing action to cover all chemical petitions received by the TRI Program. These actions grant or deny petitions received to add or delete or modify chemicals on the list of toxic chemicals under section 313 of the Emergency Planning and Community

    Right to Know Act (EPCRA) that are subject to reporting under the Toxic

    Chemical Release Reporting Rule. The actions cover individual chemicals or groups of chemicals for which petitions have been received.

    Page 38280

    Timetable:

    Action

    Date

    FR Cite

    Notice-DBNPA

    10/27/95

    60 FR 54949

    NPRM-Diisononyl phthalate

    09/05/00

    65 FR 53681

    Report-Alloys

    08/22/01

    66 FR 44107

    Response- Acetonitrile

    02/00/05

    Response-Chromium Antimony

    Titanate

    02/00/05

    Final-DBNPA

    08/00/05

    Final-Diisononyl phthalate

    11/00/05

    Response-19 Volatile corrosion inhibitor chemicals

    To Be

    Determined

    Response-Nitrogen tetroxide

    To Be

    Determined

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: Businesses

    Government Levels Affected: Federal, State

    Additional Information: SAN 2425. 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

    John Dombrowski, Environmental Protection Agency, Office of

    Environmental Information, 2844T, Washington, DC 20460

    Phone: 202-566-0742

    Fax: 202-566-0741

    Email: dombrowski.john@epamail.epa.gov

    RIN: 2025-AA00

    3363. TRI; REVISIONS TO THE OTHERWISE USE ACTIVITY EXEMPTIONS AND THE

    COAL EXTRACTION ACTIVITIES EXEMPTION

    Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined.

    Unfunded Mandates: Undetermined

    Legal Authority: 42 USC 11001 et seq

    CFR Citation: 40 CFR 372

    Legal Deadline: None

    Abstract: The Toxics Release Inventory (TRI) requires reporting from facilities that manufacture or process at least 25,000 pounds of a listed non-PBT chemical, or otherwise use 10,000 pounds of a listed non-PBT chemical. The activity thresholds are lower for listed PBT chemicals. In determining amounts of listed chemicals that are manufactured, processed or otherwise used, facilities may consider specific exemptions from reporting. EPA is presently reviewing a group of these exemptions. The categories of exemptions presently being reconsidered by EPA are the personal use exemption, and the motor vehicle maintenance exemption. Also known as otherwise use exemptions because they are limited to otherwise use activities, these exemptions are expressly provided for at 40 CFR 372.38(c). EPA is also considering changes to the coal mining extraction activities exemption provided for at 40 CFR 372.38(g).

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    To Be

    Determined

    Regulatory Flexibility Analysis Required: Undetermined

    Small Entities Affected: Businesses

    Government Levels Affected: Federal, State

    Additional Information: SAN 4265. Formerly listed as RIN 2070-AD39. By

    Statute and Regulation, this rule will affect SIC codes 20-39, 10

    (except SIC codes 1011, 1081, 1094), 12 (except SIC code 1241), 4911, 4931, 4939, 4953, 5169, 5171, and 7389.

    Agency Contact: Marc Edmonds, Environmental Protection Agency, Office of Environmental Information, 2844, Washington, DC 20460

    Phone: 202-566-0758

    Fax: 202 566-0741

    Email: edmonds.marc@epamail.epa.gov

    John Dombrowski, Environmental Protection Agency, Office of

    Environmental Information, 2844T, Washington, DC 20460

    Phone: 202-566-0742

    Fax: 202-566-0741

    Email: dombrowski.john@epamail.epa.gov

    RIN: 2025-AA06

    3364. TRI; POLLUTION PREVENTION ACT INFORMATION REQUIREMENTS

    Priority: Other Significant. Major status under 5 USC 801 is undetermined.

    Unfunded Mandates: Undetermined

    Legal Authority: 42 USC 11013 ``Pollution Prevention Act''

    CFR Citation: 40 CFR 372

    Legal Deadline: None

    Abstract: Section 6607(b) of the Pollution Prevention Act of 1990 (PPA)

    (Pub. L. 101-508) requires the addition of several data elements to the

    Toxic Chemical Release Inventory (TRI) reporting requirements as promulgated under section 313 of the Emergency Planning and Community

    Right-to-Know Act of 1986 (EPCRA) (Pub. L. 99-499). Section 313 of

    EPCRA requires owners or operators of certain facilities that manufacture, process, or otherwise use listed toxic chemicals to annually report their releases of these chemicals to each environmental medium. The PPA mandates that section 313 covered facilities also report on source reduction and recycling activities relating to the toxic chemicals beginning with the 1991 reporting year. Since 1991 covered facilities have been providing this information to EPA in section 8, Source Reduction and Recycling Activities, of EPA Form R. On

    September 25, 1991 (56 FR 48475), EPA proposed regulations which would provide definitions and instructions for reporting thePPA data elements on the EPA Form R. In this action, EPA will amend certain aspects of the September 25, 1991, proposed rule.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    09/25/91

    56 FR 48475

    Notice of receipt

    03/31/99

    64 FR 15324

    Response

    To Be

    Determined

    Regulatory Flexibility Analysis Required: Undetermined

    Small Entities Affected: Businesses

    Page 38281

    Government Levels Affected: Federal, State

    Additional Information: SAN 2847. Formerly listed as RIN 2070-AC24.

    Affected Sectors Include: 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: John Dombrowski, Environmental Protection Agency,

    Office of Environmental Information, 2844T, Washington, DC 20460

    Phone: 202-566-0742

    Fax: 202-566-0741

    Email: dombrowski.john@epamail.epa.gov

    RIN: 2025-AA09

    3365. CLARIFY TRI REPORTING OBLIGATIONS UNDER EPCRA SECTION 313 FOR THE

    METAL MINING ACTIVITIES OF EXTRACTION AND BENEFICIATION

    Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined.

    Legal Authority: 42 USC 11001 et seq

    CFR Citation: 40 CFR 372

    Legal Deadline: None

    Abstract: The Toxics Release Inventory (TRI) currently requires reporting from metal mining facilities if they manufacture or process 25,000 pounds or more of a listed chemical or otherwise use 10,000 pounds or more of a listed chemical. These mining facilities engage in the removal of naturally occurring materials from the earth. EPA had considered naturally occurring materials to be manufactured by natural processes. A recent court order set aside EPA's interpretation of manufacture stating that naturally occurring ores can not be manufactured within the meaning of EPCRA section 313. EPA is considering clarifying how the definitions of manufacturing and processing under EPCRA section 313 apply to the mining sector processes of extraction and beneficiation. This action will not affect the coal extraction activities exemption.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    09/00/05

    Final Action

    09/00/06

    Regulatory Flexibility Analysis Required: Undetermined

    Small Entities Affected: Businesses

    Government Levels Affected: Undetermined

    Federalism: Undetermined

    Additional Information: SAN 4616.

    URL For More Information: www.epa.gov/tri

    Agency Contact: Marc Edmonds, Environmental Protection Agency, Office of Environmental Information, 2844, Washington, DC 20460

    Phone: 202-566-0758

    Fax: 202 566-0741

    Email: edmonds.marc@epamail.epa.gov

    John Dombrowski, Environmental Protection Agency, Office of

    Environmental Information, 2844T, Washington, DC 20460

    Phone: 202-566-0742

    Fax: 202-566-0741

    Email: dombrowski.john@epamail.epa.gov

    RIN: 2025-AA11

    Environmental Protection Agency (EPA)

    Completed Actions

    Emergency Planning and Community Right--to--Know Act (EPCRA)

    3366. TRADE SECRECY CLAIMS FOR EMERGENCY PLANNING AND COMMUNITY RIGHT-

    TO-KNOW INFORMATION; AND TRADE SECRET DISCLOSURES TO HEALTH

    PROFESSIONALS; AMENDMENT

    Priority: Info./Admin./Other

    CFR Citation: 40 CFR 350.16; 40 CFR 350.17; 40 CFR 350.27

    Completed:

    Reason

    Date

    FR Cite

    NPRM

    11/14/03

    68 FR 64726

    Direct Final

    11/14/03

    68 FR 64719

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Agency Contact: Sicy Jacob

    Phone: 202-564-8019

    Fax: 202 564-8233

    Email: jacob.sicy@epamail.epa.gov

    Larry Reisman

    Phone: 202-566-0751

    Fax: 202 564-0741

    Email: reisman.larry@epamail.epa.gov

    RIN: 2050-AF1

    Page 38282

    0

    Environmental Protection Agency (EPA)

    Prerule Stage

    Resource Conservation and Recovery Act (RCRA)

    3367. [bullet][ls-thn-eq] LAND DISPOSAL RESTRICTIONS PHASE III:

    DECHARACTERIZED WASTEWATERS, CARBAMATE WASTES, AND SPENT POTLINERS

    (SECTION 610 REVIEW)

    Priority: Substantive, Nonsignificant

    Legal Authority: 5 USC 610

    CFR Citation: 40 CFR 148; 40 CFR 268; 40 CFR 271; 40 CFR 403

    Legal Deadline: None

    Abstract: In April 1996, the Environmental Protection Agency (EPA) promulgated regulations establishing land disposal restrictions (LDR) treatment standards for certain hazardous wastes (61 FR 15566 and 61 FR 15660, April 8, 1996). EPA issued the LDR regulations under the

    Hazardous and Solid Waste Amendments to the Resource Conservation and

    Recovery Act. They became effective on April 5, 1996. EPA did not perform a regulatory flexibility analysis for this rule because, at that time, no data on potentially affected small entities were available. Also, due to the statutory requirements of the LDR program, no legal avenues existed for the Agency to provide relief from the LDRs for small entities.

    This gives notice that EPA will review the LDR regulations pursuant to section 610 of the Regulatory Flexibility Act (5 USC 610). EPA solicits comments on the continued need for the rule; the complexity of the rule; the extent to which it overlaps, duplicates, or conflicts with other Federal, State, orlocal government rules; and the degree to which technology, economic conditions, or other relevant factors have changed since the rule was promulgated. This rule is statutorily required.

    While EPA may be able to make amendments in accordance with comments received, the rule may not be rescinded. EPA also will welcome comments on any other aspect of the rule. In submitting comments, please reference Docket ID number RCRA-2004-0004, and follow the instructions provided in Unit G of the preambleto the Regulatory Agenda.

    EPA continues to view this regulation as a vital component of efforts to protect human health and the environment. EPA intends to continue to require compliance with the regulation.

    Timetable:

    Action

    Date

    FR Cite

    Begin Review

    06/00/04

    End Comment Period

    07/00/04

    End Review

    09/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Additional Information: SAN 4898.

    Agency Contact: Rhonda Minnick, Environmental Protection Agency, Solid

    Waste and Emergency Response, 5302W, Washington, DC 20460

    Phone: 703-308-8771

    Fax: 703 308-8433

    Email: minnick.rhonda@epamail.epa.gov

    RIN: 2050-AG17

    3368. [bullet][ls-thn-eq] LAND DISPOSAL RESTRICTIONS PHASE II: UNIVERSAL

    TREATMENT STANDARDS, AND TREATMENT STANDARDS FOR ORGANIC TOXICITY

    CHARACTERISTIC WASTES AND NEWLY LISTED WASTES (SECTION 610 REVIEW)

    Priority: Substantive, Nonsignificant

    Legal Authority: 5 USC 610

    CFR Citation: 40 CFR 148; 40 CFR 260; 40 CFR 261; 40 CFR 264; 40 CFR 265; 40 CFR 266; 40 CFR 268; 40 CFR 271

    Legal Deadline: None

    Abstract: In September 1994, the Environmental Protection Agency (EPA) promulgated regulations establishing land disposal restrictions (LDR) treatment standards for certain hazardous wastes (59 FR 47982,

    September 19, 1994). EPA issued the LDR regulations under the Hazardous and Solid Waste Amendments to the Resource Conservation and Recovery

    Act. They became effective on December 19, 1994. EPA did not perform a regulatory flexibility analysis for this rule because, at that time, no data on potentially affected small entities were available. Also, due to the statutory requirements of the LDR program, no legal avenues existed for the Agency to provide relief from the LDR's for small entities.

    This gives notice that EPA will review the LDR regulations pursuant to section 610 of the Regulatory Flexibility Act (5 USC 610). EPA solicits comments on the continued need for the rule; the complexity of the rule; the extent to which it overlaps, duplicates, or conflicts with other Federal, State, or local government rules; and the degree to which technology, economic conditions, or other relevant factors have changed since the rule was promulgated. This rule is statutorily required. While EPA may be able to make amendments in accordance with comments received, the rule may not be rescinded. EPA also will welcome comments on any other aspect of the rule. In submitting comments, please reference Docket ID number RCRA-2004-0003, and follow the instructions provided in Unit G of the preamble to the Regulatory

    Agenda.

    EPA continues to view this regulation as a vital component of efforts to protect human health and the environment. EPA intends to continue to require compliance with the regulation.

    Timetable:

    Action

    Date

    FR Cite

    Begin Review

    06/00/04

    End Comment Period

    07/00/04

    End Review

    09/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Additional Information: SAN 4897.

    Agency Contact: Rhonda Minnick, Environmental Protection Agency, Solid

    Waste and Emergency Response, 5302W, Washington, DC 20460

    Phone: 703-308-8771

    Fax: 703 308-8433

    Email: minnick.rhonda@epamail.epa.gov

    RIN: 2050-AG19

    Page 38283

    Environmental Protection Agency (EPA)

    Proposed Rule Stage

    Resource Conservation and Recovery Act (RCRA)

    3369. REVISIONS TO SOLID WASTE LANDFILL CRITERIA--LEACHATE RECIRCULATION

    ON ALTERNATIVE LINERS

    Priority: Substantive, Nonsignificant

    Legal Authority: 42 USC 6907; 42 USC 6912; 42 USC 6944; 42 USC 6949a

    CFR Citation: 40 CFR 258

    Legal Deadline: None

    Abstract: EPA plans to propose a rule amending the Federal criteria for municipal solid waste landfills (MSWLF) to allow leachate recirculation over alternative liner systems which meet the performance standard specified by the MSWLF criteria. The performance determination would be made by the State director of an approved MSWLF program. EPA also plans to propose a new section to the MSWLF criteria which will allow the alternative of clean closure of landfills rather than require the installation of a landfill cap, which 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

    10/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: Local, State, Tribal

    Additional Information: SAN 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@epamail.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@epamail.epa.gov

    RIN: 2050-AE67

    3370. 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)

    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 to 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 30 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 30 different national export and import systems. In addition, some common existing export and import procedures were streamlined so that the new procedures are even more efficient than was common in the past. The benefits are greater administrative efficiency for U.S. exporters and importers in the international recycling market, and a lower level of waste disposal in the United States since there is more efficient access to other recycling markets.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    06/00/05

    Direct Final

    06/00/05

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: Federal

    Additional Information: SAN 4606.

    Page 38284

    Agency Contact: Maximo Diaz, Environmental Protection Agency, Solid

    Waste and Emergency Response, 5304W, Washington, DC 20460

    Phone: 703-308-0439

    Fax: 703 308-0514

    Email: diaz.maximo@epamail.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@epamail.epa.gov

    RIN: 2050-AE93

    3371. RCRA SUBTITLE C FINANCIAL TEST CRITERIA (REVISION)

    Priority: Other Significant

    Legal Authority: 42 USC 6912(a) ``RCRA 2002(a)''; 42 USC 6924 ``RCRA 3004''; 42 USC 6925 ``RCRA 3005''; 42 USC 6926 ``RCRA 3006''

    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.

    Timetable:

    Action

    Date

    FR Cite

    NPRM Original

    07/01/91

    56 FR 30201

    NPRM

    10/12/94

    59 FR 51523

    NODA

    12/00/04

    Final

    06/00/06

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: Businesses

    Government Levels Affected: Federal, State

    Additional Information: SAN 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@epamail.epa.gov

    RIN: 2050-AC71

    3372. 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

    NPRM

    10/00/04

    Direct Final Rule

    10/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: Federal, State, Local, Tribal

    Page 38285

    Additional Information: SAN 4743. Action is of equivalent regulatory stringency. States and Tribes will not be required to adopt rule.

    Agency Contact: Nicole Schindler, Environmental Protection Agency,

    Solid Waste and Emergency Response, 5302W, Washington, DC 20460

    Phone: 703-308-0146

    Fax: 703 308-8433

    Email: schindler.nicole@epamail.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@epamail.epa.gov

    RIN: 2050-AF12

    3373. 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 344 members in Performance Track. In this action,

    EPA plans to propose permit modifications, performance based standards for tanks and generator standards, 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 1.1 million mmBtus, water use by 475 million gallons, hazardous materials use by 908 tons, emissions of volatile organic compounds (VOCs) by 329 tons, emissions ofair toxics by 57 tons, emission of nitrogen oxides

    (NOx) by 152 tons, discharges to water of biochemical oxygen demand

    (BOD), chemical oxygen demand (COD), and total suspended solids (TSS) by 1,227 tons, toxic discharges to water 5,543 tons, solid waste by 150,000 tons, and hazardous waste by 692 tons.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    09/00/04

    Final Action

    12/00/05

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: Federal, State

    Additional Information: SAN 4828.

    Agency Contact: Robert Sachs, Environmental Protection Agency, Office of the Administrator, 1808T, Washington, DC 20460

    Phone: 202-566-2884

    Fax: 202-566-0966

    Email: sachs.robert@.epa.gov

    David Guest, Environmental Protection Agency, Office of the

    Administrator, 1808T, Washington, DC 20460

    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)

    3374. STANDARDIZED PERMIT FOR RCRA HAZARDOUS WASTE MANAGEMENT FACILITIES

    Priority: Other Significant

    Legal Authority: 42 USC 6905; 42 USC 6912; 42 USC 6924; 42 USC 6925; 42

    USC 6927; 42 USC 6974

    CFR Citation: 40 CFR 124; 40 CFR 267; 40 CFR 270

    Legal Deadline: None

    Abstract: EPA has proposed creating a new type of general permit, called a standardized permit, for facilities that generate waste and routinely manage the waste on-site in tanks, containers, and containment buildings. Under the standardized permit, facility owners and operators would certify compliance with generic design and operating conditions set on a national basis. The permitting agency would review the certifications submitted by the facility owners and operators. The permitting agency would alsobe able to impose additional site-specific terms and conditions for corrective action or other purposes, as called for by RCRA. Ensuring compliance with the standardized permit's terms and conditions would occur during inspection of the facility after the permit has been issued. The standardized permit should streamline the permit process by allowing facilities to obtain and modify permits more easily while maintaining the protectiveness currently existing in the individual RCRA permit process.EPA estimates that the potential average annual cost savings to eligible facilities from implementation of this rule will range from approximately $100 to $5,800 (i.e., 2 to 140 burden hours) per permit action, depending on such things as the type of permit and the type of storage equipment. The proposal raised issues for public comment on how all facilities receiving RCRA permits can satisfy RCRA corrective action requirements under appropriate alternative state cleanup programs and on financial assurance issues. The Agency is developing a final rule addressing this topic.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    10/12/01

    66 FR 52192

    Final Action

    02/00/05

    Page 38286

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: Federal, State

    Additional Information: SAN 4028.

    Sectors Affected: 3251 Basic Chemical Manufacturing; 332813

    Electroplating, Plating, Polishing, Anodizing and Coloring; 32551 Paint and Coating Manufacturing; 32532 Pesticide and Other Agricultural

    Chemical Manufacturing; 32411 Petroleum Refineries; 325211 Plastics

    Material and Resin Manufacturing; 3252 Resin, Synthetic Rubber, and

    Artificial and Synthetic Fibers and Filaments Manufacturing

    Agency Contact: Jeff Gaines, Environmental Protection Agency, Solid

    Waste and Emergency Response, 5303W, Washington, DC 20460

    Phone: 703-308-8655

    Fax: 703-308-8609

    Email: gaines.jeff@epamail.epa.gov

    RIN: 2050-AE44

    3375. REVISIONS TO THE COMPREHENSIVE GUIDELINE FOR PROCUREMENT OF

    PRODUCTS CONTAINING RECOVERED MATERIALS

    Priority: Substantive, Nonsignificant

    Legal Authority: 42 USC 6912(a) ``RCRA 6002(e)''

    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 54 items under three Comprehensive Procurement

    Guidelines (CPG1, CPG2 and CPG3). 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 will propose item designations in CPG5. Shortly afterwards, EPA will issue final item designations in

    CPG4. EPA recently published a Notice of Data Availability for a prospective designation of nylon carpet.

    Timetable:

    Action

    Date

    FR Cite

    Notice-PPRMA

    06/08/98

    63 FR 31214

    Notice-RMAN1

    06/08/98

    63 FR 31217

    NPRM

    08/26/98

    63 FR 45558

    Final-CPG3-RMAN3

    01/19/00

    65 FR 3069

    Notice-NAFD

    01/19/00

    65 FR 3082

    NPRM- CPG4-RMAN4

    08/28/01

    66 FR 45256

    Notice

    07/16/03

    68 FR 42040

    NPRM-CPG5

    12/10/03

    68 FR 68813

    Final-CPG4-RMAN4

    04/30/04

    69 FR 24028

    Final CPG 5

    04/00/05

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: Federal, State, Local

    Additional Information: SAN 3545.

    Sectors Affected: 92111 Executive Offices; 92119 All Other General

    Government

    Agency Contact: Susan Nogas, Environmental Protection Agency, Solid

    Waste and Emergency Response, 5306W, 5306W, Washington, DC 20460

    Phone: 703 308-0199

    Fax: 703 308-8686

    Email: nogas.sue@epa.gov

    RIN: 2050-AE23

    3376. METHODS INNOVATION RULE

    Priority: Substantive, Nonsignificant

    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 6936; 42 USC 6937; 42 USC 6938; 42 USC 6939; 42 USC 6974; 42 USC 9601; 42 USC 9614(c)

    CFR Citation: 40 CFR 258; 40 CFR 260; 40 CFR 261; 40 CFR 264; 40 CFR 265; 40 CFR 266; 40 CFR 270; 40 CFR 279

    Legal Deadline: None

    Abstract: The Test Methods for Evaluating Solid Waste, Physical/

    Chemical Methods (also known as SW-846) ensures the availability of established, validated methods for the measurements and monitoring needed for the Resource Conservation and Recovery Act (RCRA) program.

    EPA's process for releasing analytical methods through the SW-846 methods compendium, which support the RCRA program, has been through publishing FR notices and taking public comment. SW-846 methods are widely used, but the majority of the methods are not required by any particular regulation. Therefore, EPA has proposed a streamlined process for releasing analytical methodologies to the public, while also promoting the Performance Base Measurement Approach in the Methods

    Innovation Proposed Rule (MIR). The comment period was extended until

    February 28, 2003. In addition EPA has been working to break down the barriers that the environmental monitoring community faces when trying to use new monitoring techniques. As a first step, EA has accelerated its review process for new methods by eliminating several unnecessary internal review steps. However, there are currently 32 citations in title 40 of the Code of Federal Regulations (CFR) where the use of SW- 846 methods is required. As a second step for speeding up the approval process, EPA proposed to remove the requirements to use SW-846 methods for other than method defined parameters (i.e., where the method defines the regulations, such as the Toxicity Characteristic Leaching

    Procedure) from 40 CFR. This action will likely lead to an even more streamlined approval process since SW-846 will then be able to be handled strictly as guidance and not need the regulatory process for approval. This additional streamlining will permit new, more cost- effective methods to attain public and regulatory authority acceptance in much less time, allowing required monitoring to be done more cheaply, faster and, in some cases, more accurately.

    Since many advances have occurred in waste sampling strategies since initial guidance was published in 1984, along with the proposal EPA has announced the availability of a new guidance document for public comment entitled, ``RCRA Waste Sampling Draft Technical Guidance.'' One main advantage to releasing the guidance is that the document provides new approaches to waste sampling, with real life examples which we expect will lead to improved

    Page 38287

    ability to characterize waste streams. We believe that the release of this MIR and Waste Sampling Guidance will be widely accepted by the regulated, scientific, and academic community because they provide state of the art approaches for determining hazardous waste and sampling characteristic techniques.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    10/30/02

    67 FR 66252

    Final Action

    10/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: Federal, Local, State, Tribal

    Additional Information: SAN 3989.

    Agency Contact: Kim Kirkland, Environmental Protection Agency, Solid

    Waste and Emergency Response, 5307W, 5307W, Washington, DC 20460

    Phone: 703-308-0490

    Fax: 703 308-0511

    Email: kirkland.kim@epamail.epa.gov

    RIN: 2050-AE41

    3377. HAZARDOUS WASTE MANIFEST REGULATION

    Priority: Other Significant

    Legal Authority: 42 USC 6922 ``RCRA 3002''; 42 USC 6923 ``RCRA 3003''; 42 USC 6924 ``RCRA 3004''; 42 USC 6926 ``RCRA 3006''; PL 105-277;

    ``Government Paperwork Elimination Act 17''

    CFR Citation: 40 CFR 260; 40 CFR 262; 40 CFR 263; 40 CFR 264; 40 CFR 265; 40 CFR 271

    Legal Deadline: None

    Abstract: The Uniform Hazardous Waste Manifest (Form 8700-22) is a multicopy form used to identify the quantity, composition, origin, routing, and destination of hazardous waste during its transportation.

    Waste handlers (e.g., generators and transporters) are required to use the manifest, and States may not require a different manifest in its place. However, the manifest has State blocks which allow States, at their option, to require the entry of additional specific information to serve their State's regulatory needs. Under the current regulations more than 20 states print the manifest form in accordance with the format specified in Federal regulations. However, the variability among

    State manifest programs associated with state optional blocks, different copy distribution schemes, and the manifest hierarchical acquisition scheme has drawn complaints from the regulated community.

    Variability among States' manifest programs and the manifest system's current reliance on paper result in significant paperwork and cost burden to waste handlers and States who choose to collect manifest information. The Agency intends to standardize further the manifest form elements, and to specify one format for the manifests that may be used in all States. In addition, the Agency intends to announce standard requirements for tracking rejected wastes, container residues, and international shipments of hazardous wastes. Finally, the Agency intends to pursue an optional approach that would use information technologies to conduct the manifest process electronically, thereby reducing paperwork burden, and improving the speed and accuracy of preparing, transmitting, and recordkeeping the manifest form. However, the Agency will bifurcate the manifest rule so that the form revisions may be expedited, while additional analysis on the e-manifest continues.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    05/22/01

    66 FR 28240

    Final Action

    12/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: Federal, State

    Additional Information: SAN 3147. Because of significant issues identified during the public comment period on the electronic manifest part of the rule, this part of the rule has been separated from the form revisions part of the rule for purposes of publishing a final action. The form revisions part of the rule will be finalized first, while final action on the electronic manifest must await further stakeholder outreach and analysis.

    Sectors Affected: 325 Chemical Manufacturing; 2211 Electric Power

    Generation, Transmission and Distribution; 332 Fabricated Metal Product

    Manufacturing; 2122 Metal Ore Mining; 2111 Oil and Gas Extraction; 326

    Plastics and Rubber Products Manufacturing; 331 Primary Metal

    Manufacturing; 323 Printing and Related Support Activities; 3221 Pulp,

    Paper, and Paperboard Mills; 482 Rail Transportation; 484 Truck

    Transportation; 5621 Waste Collection; 5622 Waste Treatment and

    Disposal; 483 Water Transportation

    Agency Contact: Rich Lashier, Environmental Protection Agency, Solid

    Waste and Emergency Response, 5304W, Washington, DC 20460

    Phone: 703-308-8796

    Fax: 703 308-0522

    Email: lashier.rich@epamail.epa.gov

    Bryan Groce, Environmental Protection Agency, Solid Waste and Emergency

    Response, 5304W, Washington, DC 20460

    Phone: 703-308-8750

    Fax: 703 308-0522

    Email: groce.bryan@epamail.epa.gov

    RIN: 2050-AE21

    3378. OFFICE OF SOLID WASTE BURDEN REDUCTION INITIATIVE

    Priority: Other Significant

    Legal Authority: 42 USC 6907; 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 6944; 42 USC 6949(a); 42 USC 6974; PL 104-13

    CFR Citation: 40 CFR 261.38; 40 CFR 264.16; 40 CFR 264.52; 40 CFR 264.56; 40 CFR 264.73; 40 CFR 264.98 et seq; 40 CFR 265.16; 40 CFR 265.52; 40 CFR 265.56; 40 CFR 265.73; 40 CFR 265.98 et seq; 40 CFR 266.103; 40 CFR 261.4; 40 CFR 268.7; 40 CFR 268.9

    Legal Deadline: None

    Abstract: EPA plans to reduce the burden imposed by the RCRA reporting and recordkeeping requirements to help meet the Federal Governmentwide goal established by the Paperwork Reduction Act (PRA).

    In June 1999, EPA published a Notice of Data Availability (NODA) in the

    Federal Register (64 FR 32859) to seek comment on a number of burden reduction ideas to eliminate duplicative and nonessential paperwork.

    After reviewing the comments received on the NODA, EPA proposed (67 FR 2518, 1/17/02) to implement many of these

    Page 38288

    ideas. EPA issued a notice (68 FR 61662; 10/29/03) seeking further input on a number of changes we proposed. EPA plans to finalize this burden reduction effort.

    Timetable:

    Action

    Date

    FR Cite

    NODA 1

    06/18/99

    64 FR 32859

    NPRM

    01/17/02

    67 FR 2518

    NODA 2

    10/29/03

    68 FR 61662

    Final Action

    03/00/05

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: Federal, Local, State, Tribal

    Additional Information: SAN 4084. Applicable SIC codes: Chemicals and

    Allied Products (28), Primary Metal Industries (33), Fabricated Metals

    (34), Industrial Machinery and Equipment (35), Electrical Equipment

    (36), Transportation Equipment (37), Other Manufacturing,

    Transportation and Utilities (40-49), Wholesale Trade (50-51), Services

    (70-89) and Other SIC Groups

    Sectors Affected: 325 Chemical Manufacturing; 334 Computer and

    Electronic Product Manufacturing; 332 Fabricated Metal Product

    Manufacturing; 324 Petroleum and Coal Products Manufacturing; 326

    Plastics and Rubber Products Manufacturing; 331 Primary Metal

    Manufacturing; 323 Printing and Related Support Activities; 562 Waste

    Management and Remediation Services

    Agency Contact: Robert Burchard, Environmental Protection Agency, Solid

    Waste and Emergency Response, 5302W, Washington, DC 20460

    Phone: 703-308-8450

    Fax: 703 308-8433

    Email: burchard.robert@epamail.epa.gov

    RIN: 2050-AE50

    3379. LISTING DETERMINATION AND LDR FOR WASTES GENERATED DURING THE

    MANUFACTURE OF AZO, ANTHRAQUINONE, AND TRIARYLMETHANE DYES AND PIGMENTS

    Priority: Other Significant

    Legal Authority: 42 USC 6921 ``RCRA 3001''; 42 USC 9602 ``CERCLA 102''

    CFR Citation: 40 CFR 148; 40 CFR 261; 40 CFR 264; 40 CFR 265; 40 CFR 268; 40 CFR 271; 40 CFR 302

    Legal Deadline: NPRM, Judicial, November 10, 2003, -.

    Final, Judicial, February 15, 2005, -.

    Abstract: This action is mandated by the 1984 Hazardous and Solid Waste

    Amendments and a consent decree (EDF v. Browner, Civil Action No. 89- 0598, D.D.C.). This action addresses the potential human health and environmental risks posed by wastes from the manufacture of dyes and pigments, and determines whether these wastes should be listed as hazardous wastes under the Resource Conservation and Recovery Act

    (RCRA) to control any potentially unacceptable risks. If listed under

    RCRA, these wastes would alsobe added to the Comprehensive

    Environmental Response, Compensation, and Liability Act (CERCLA).

    On November 25, 2003, we proposed to list nonwastewaters from the production of dyes and/or pigments when those wastes contain mass loadings of any of eight specific organic constituents of concern above proposed listing levels on an annual basis. We proposed a contingency that would exempt these wastes if they are managed in landfills meeting appropriate design criteria (so long as a mass loadinglevel for toluene-2,4-diamine is not exceeded). This proposal will provide the benefit of protecting human health and the environment. At the same time, we are providing specific risk-reduction goals for industry, which, if met, will significantly reduce the regulatory burden associated with the listing determination. The estimated incremental compliance costs for the proposal to the dyes and/or pigments industries are in the range of $0.5 to $4.3 million per year, depending on total waste quantity manage, nonconditional mass loading levels, and the number of affected facilities. We expect impacts on small businesses to be minimal.

    The current action is a re-proposal of prior actions. We proposed listing decisions for most of the targeted wastes in 1994, and several other wastes in 1999. The 1994 and 1999 proposals were incomplete because they did not contain information claimed to be confidential by industry (the data are subject to an injunction prohibiting their release). The current action does not rely on the contested data and replaces the 1994 and 1999 proposals. The re-proposal also identifies land disposal restrictions for the wastes of concern.

    The current action is targeted on wastes from the manufacture of dyes and pigments, with specific emphasis on certain product classes (azos, anthraquinones, triarylmethanes). Manufacturers of these products will need to assess their wastes to determine whether they meet the final listing definitions.

    Timetable:

    Action

    Date

    FR Cite

    NPRM-Dyes1

    12/22/94

    59 FR 66072

    NPRM- Dyes 2

    07/23/99

    64 FR 40192

    NPRM3

    11/25/03

    68 FR 66164

    Final Action

    02/00/05

    Regulatory Flexibility Analysis Required: Undetermined

    Small Entities Affected: Businesses

    Government Levels Affected: Federal, State, Tribal

    Additional Information: SAN 3066.

    Sectors Affected: 325132 Organic Dye and Pigment Manufacturing

    Agency Contact: Gwen Dipietro, Environmental Protection Agency, Solid

    Waste and Emergency Response, 5304W, Washington, DC 20460

    Phone: 703-308-8285

    Fax: 703 308-0514

    Email: dipietro.gwen@epamail.epa.gov

    Robert Kayser, Environmental Protection Agency, Solid Waste and

    Emergency Response, 5304W, Washington, DC 20460

    Phone: 703-308-7304

    Fax: 703 308-0514

    Email: kayser.robert@epamail.epa.gov

    RIN: 2050-AD80

    3380. RECYCLING OF CATHODE RAY TUBES (CRTS) AND MERCURY-CONTAINING

    EQUIPMENT: 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; 40 CFR 273

    Legal Deadline: None

    Abstract: This action will ultimately revise the existing Federal hazardous waste regulations to encourage recycling and better management of

    Page 38289

    Cathode Ray Tubes (CRTs) by providing a conditional exclusion from the definition of solid waste for CRTs being recycled. A CRT is the display component of a television or computer monitor. A CRT is made largely of specialized glasses, some of which contain lead to protect the user from X-rays inside the CRT. Due to the lead, when they are disposed of or reclaimed, some CRTs are hazardous wastes under the Federal Resource

    Conservation and Recovery Act (RCRA) regulations. This rule will also streamline RCRA requirements for managing mercury-containing equipment by adding such equipment to the universal waste rule. This rule is planned in response to a June 9, 1998 recommendation on CRT recycling from the Common Sense Initiative (CSI) Council to the Environmental

    Protection Agency (EPA), and in response to a petition from the

    Utilities Solid Waste Activities Group regarding mercury-containing equipment. The goal of this action is to improve management and encourage recycling, thereby minimizing disposal of mercury, increasing resource recovery, and enhancing protection of human health and the environment.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    06/12/02

    67 FR 40507

    Final Action

    03/00/05

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: Federal, State, Local, Tribal

    Additional Information: SAN 4092.

    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

    3381. REVISION OF WASTEWATER TREATMENT EXEMPTIONS FOR HAZARDOUS WASTE

    MIXTURES

    Priority: Other Significant

    Legal Authority: 42 USC 6912(a); 42 USC 6921; 42 USC 6922; 42 USC 6924; 42 USC 6926

    CFR Citation: 40 CFR 261.3(a)(2)(iv)(A) to 261.3(a)(2)(iv)(

    Legal Deadline: None

    Abstract: This revision to the wastewater treatment exemptions for hazardous waste mixtures has been proposed to address inconsistencies in the regulations, as well as provide regulatory relief. Current EPA mixture rule exemptions have not kept up with more recent additions to solvent listings, Clean Air Act regulations, wastewater treatment technology, and policies affecting other hazardous wastes. Therefore, the need exists for a Federal deregulatory solution to resolve these inconsistencies. It is estimated that this rule, if finalized, will save $11 to 49 million in compliance costs. EPA proposed to add two solvents (benzene and 2-ethoxyethanol) to the hazardous waste exemptions for mixtures of spent solvents in wastewater treatment plants (headworks rule) at 40 CFR 261.3(a)(2)(iv)(A) - (B). EPA proposed not to take action on two other solvents, 2-nitropropane and 1,1,2-trichloroethane. In addition, EPA has proposed (1) changing the implementation of the rule from using mass balance only, to choice of using direct monitoring; (2) revising the types of facilities and the types of wastes eligible for the de minimis exemption under section 261.3(a)(2)(iv)(D); and clarifying the applicability of the exemption to scrubber waters from the incineration of spent solvents. Facilities affected by this action include industrial facilities with on-site wastewater treatment plants, commercial wastewater treatment facilities, and certain Federal facilities.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    04/08/03

    68 FR 17234

    Final Action

    03/00/05

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: Federal, State

    Additional Information: SAN 4501. This rule has been nominated for reform in OMB's Report to Congress on the Costs and Benefits of

    Regulation, Appendix A. OMB has given it a high priority level.

    Sectors Affected: 31-33 Manufacturing; 562 Waste Management and

    Remediation Services

    URL For Public Comments: www.epa.gov/edocket

    Agency Contact: Lisa Lauer, Environmental Protection Agency, Solid

    Waste and Emergency Response, 5304W, Washington, DC 20460

    Phone: 703-308-7418

    Fax: 703 308-0522

    Email: lauer.lisa@epamail.epa.gov

    RIN: 2050-AE84

    3382. NESHAPS: STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR HAZARDOUS

    WASTE COMBUSTORS

    Priority: Other Significant

    Legal Authority: 42 USC 6924 ``RCRA 3004''; 42 USC 6925 ``RCRA 3005''; 42 USC 7412 ``CAA 112''; 42 USC 7414 ``CAA 114''

    CFR Citation: 40 CFR 63; 40 CFR 264; 40 CFR 265; 40 CFR 266; 40 CFR 270

    Legal Deadline: NPRM, Judicial, March 31, 2004, Consent decree for

    Phase 2 portion of rule.

    Final, Judicial, June 15, 2005, Consent decree.

    Abstract: On September 30, 1999, EPA promulgated standards to control emissions of hazardous air pollutants from incinerators, cement kilns, and lightweight aggregate kilns that burn hazardous waste (referred to as the Phase I Rule). A number of parties, representing interests of both industry and the environmental community, sought judicial review of the rule. The Court ruled against EPA and vacated the Phase I rule.

    On October 19, 2001, EPA, together with all petitioners, filed a joint motion asking the Court to stay the issuance of its mandate to allow them time to develop interim standards. These stop-gap interim standards were promulgated on February 13 and 14, 2002. They replace the vacated standards temporarily, until revised replacement standards are promulgated by June 15, 2005. EPA will ultimately finalize the

    Phase I replacement standards. Also, EPA is developing emission standards for hazardous waste burning industrial, institutional, commercial boilers, process heaters, and hydrochloric acid production furnaces. These sources are referred to as Phase II Sources because the standards were originally scheduled to be promulgated after Phase I source

    Page 38290

    standards were finalized; however, a separate consent decree now requires us to finish developing emission standards for the Phase II sources by the same date as those for Phase I (June 15, 2005). EPA has developed options for calculating the emission standards that are considered to be consistent with both the statutory requirements and the opinion of the Court. EPA has proposed emission standards and compliance provisions for both the Phase I and Phase II sources.

    Timetable:

    Action

    Date

    FR Cite

    NPRM-CK

    04/19/96

    61 FR 17358

    Final-Fasttrack

    06/19/98

    63 FR 33782

    Final-CK

    09/30/99

    64 FR 52828

    NODA

    07/27/00

    65 FR 39581

    DF 1

    07/03/01

    66 FR 35087

    NPRM-Phase1

    07/03/01

    66 FR 35126

    Parallel Proposal

    07/03/01

    66 FR 35124

    Direct Final Action

    10/15/01

    66 FR 52361

    Final Compliance Exten.

    12/06/01

    66 FR 63313

    Interim Final Action

    02/13/02

    67 FR 6792

    Final HAP

    02/14/02

    67 FR 6968

    NPRM-Phases 1&2

    04/20/04

    69 FR 21197

    Final Action

    06/00/05

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: Federal, State, Tribal

    Additional Information: SAN 3333. For information on the Phase I portion of this effort, see SAN 4418, RIN 2050-AE79.

    Sectors Affected: 3335 -; 3343 Audio and Video Equipment Manufacturing; 3251 Basic Chemical Manufacturing; 3273 Cement and Concrete Product

    Manufacturing; 3271 Clay Product and Refractory Manufacturing; 3328

    Coating, Engraving, Heat Treating and Allied Activities; 3342

    Communications Equipment Manufacturing; 3341 Computer and Peripheral

    Equipment Manufacturing; 2211 Electric Power Generation, Transmission and Distribution; 45431 Fuel Dealers; 3332 Industrial Machinery

    Manufacturing; 3274 Lime, Gypsum and Gypsum Product Manufacturing; 3327

    Machine Shops, Turned Product, and Screw, Nut and Bolt Manufacturing; 3362 Motor Vehicle Body and Trailer Manufacturing; 3361 Motor Vehicle

    Manufacturing; 3363 Motor Vehicle Parts Manufacturing; 2123 Non-

    Metallic Mineral Mining and Quarrying; 3259 Other Chemical Product

    Manufacturing; 3329 Other Fabricated Metal Product Manufacturing; 3339

    Other General Purpose Machinery Manufacturing; 3279 Other Nonmetallic

    Mineral Product Manufacturing; 3255 Paint, Coating, Adhesive, and

    Sealant Manufacturing; 3253 Pesticide, Fertilizer and Other

    Agricultural Chemical Manufacturing; 3241 Petroleum and Coal Products

    Manufacturing; 4227 Petroleum and Petroleum Products Wholesalers; 3254

    Pharmaceutical and Medicine Manufacturing; 3231 Printing and Related

    Support Activities; 5629 Remediation and Other Waste Management

    Services; 3252 Resin, Synthetic Rubber, and Artificial and Synthetic

    Fibers and Filaments Manufacturing; 3344 Semiconductor and Other

    Electronic Component Manufacturing; 22132 Sewage Treatment Facilities; 5622 Waste Treatment and Disposal

    Agency Contact: Rhonda Minnick, Environmental Protection Agency, Solid

    Waste and Emergency Response, 5302W, Washington, DC 20460

    Phone: 703-308-8771

    Fax: 703 308-8433

    Email: minnick.rhonda@epamail.epa.gov

    RIN: 2050-AE01

    3383. PROJECT XL -- ORTHO-MCNEIL PILOT PROJECT ALLOWING ON-SITE

    TREATMENT OF LOW-LEVEL MIXED WASTES WITHOUT RCRA PERMIT

    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

    Legal Deadline: None

    Abstract: This site-specific rulemaking would allow Ortho-McNeil

    Pharmaceutical (OMP) to treat small volumes of low-level mixed wastes on-site using a bench-scale catalytic oxidizing treatment unit as an alternative to long-term storage and off-site transportation and land disposal at a Nuclear Regulatory Commission (NRC)-licensed, Resource

    Conservation and Recovery Act permitted Treatment, Storage and Disposal

    Facility. This treatment effectively destroys the organic component of the wastestream, yielding a residual that is only a low-level radioactive waste and can be disposed at an NRC-licensed low-level radioactive waste disposal facility. OMP is also working with various companies to develop and test recovery technologies that could be used in lieu of disposal.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    07/24/01

    66 FR 38395

    Final Action

    06/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Additional Information: SAN 4439.

    Agency Contact: Sandra Panetta, Environmental Protection Agency, Office of the Administrator, 1807, Washington, DC 20460

    Phone: 202-566-2184

    Fax: 202 566-2218

    Email: panetta.sandra@epamail.epa.gov

    Donna Perla, Environmental Protection Agency, Office of the

    Administrator, 1802, Washington, DC 20460

    Phone: 202-566-2177

    Fax: 202 566-2200

    Email: perla.donna@epamail.epa.gov

    RIN: 2090-AA14

    3384. 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

    Page 38291

    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

    06/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: Federal, State

    Additional Information: SAN 4565.

    Agency Contact: Sandra Panetta, Environmental Protection Agency, Office of the Administrator, 1807, Washington, DC 20460

    Phone: 202-566-2184

    Fax: 202 566-2218

    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)

    3385. 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 kiln industry. These standards provide a new, tailored framework that safeguards ground water and limits risk from releases of dust to air.

    Timetable:

    Action

    Date

    FR Cite

    Regulatory Determination

    02/07/95

    60 FR 7366

    NPRM

    08/20/99

    64 FR 45632

    Notice - Extend Comment Period 10/28/99

    64 FR 58022

    NODA 1

    07/25/02

    67 FR 48648

    Notice-Extend Comment Period 11/08/02

    67 FR 68130

    Final Action

    01/00/06

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: Federal, State

    Additional Information: SAN 3856.

    Sectors Affected: 32731 Cement Manufacturing

    Agency Contact: Anthony Carrell, Environmental Protection Agency, Solid

    Waste and Emergency Response, 5306W, Washington, DC 20460

    Phone: 703-308-0458

    Fax: 703 308-8686

    Email: carrell.anthony@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-AE34

    3386. 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: This action may affect State, local or tribal governments and the private sector.

    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 underRCRA are appropriate for certain coal combustion wastes. The utility industry has made significant improvement in its waste management

    Page 38292

    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

    03/00/07

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: Federal, State, Local, Tribal

    Federalism: Undetermined

    Additional Information: SAN 4470. This rule may also impact federal, state, local or tribal governments that own coal-burning commercial electric power generating facilities.

    Sectors Affected: 221112 Fossil Fuel Electric Power Generation

    Agency Contact: Alexander Livnat, Environmental Protection Agency,

    Solid Waste and Emergency Response, 5306W, Washington, DC 20460

    Phone: 703-308-7251

    Fax: 703-308-8686

    Email: livnat.alexander@epamail.epa.gov

    Steve Souders, Environmental Protection Agency, Solid Waste and

    Emergency Response, 5306W, Washington, DC 20460

    Phone: 703-308-8431

    Fax: 703-308-8686

    Email: souders.steve@epamail.epa.gov

    RIN: 2050-AE81

    3387. 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: This action may affect State, local or tribal governments and the private sector.

    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, buthas 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 undressed. 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.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    10/00/07

    Regulatory Flexibility Analysis Required: Undetermined

    Government Levels Affected: Federal, Local, State, Tribal

    Federalism: Undetermined

    Additional Information: SAN 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;

    Page 38293

    336 Transportation Equipment Manufacturing

    Agency Contact: Bonnie Robinson, Environmental Protection Agency, Solid

    Waste and Emergency Response, 5306W, Washington, DC 20460

    Phone: 703-308-8429

    Fax: 703-308-8686

    Email: robinson.bonnie@epamail.epa.gov

    RIN: 2050-AE83

    3388. 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-FINAL RULE

    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

    06/00/06

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: Federal, State

    Additional Information: SAN 4411. This is an extension of a previous notice that contained the following RIN 2050-AD88.

    Agency Contact: Larry Gonzalez, Environmental Protection Agency, Solid

    Waste and Emergency Response, 5302W, Washington, DC 20460

    Phone: 703-308-8605

    Fax: 703 308-8433

    Email: gonzalez.larry@epamail.epa.gov

    William Brandes, Environmental Protection Agency, Solid Waste and

    Emergency Response, 5302W, Washington, DC 20460

    Phone: 703-308-8871

    Fax: 703 308-8433

    Email: brandes.william@epamail.epa.gov

    RIN: 2050-AE78

    3389. RCRA BURDEN REDUCTION INITIATIVE, PHASE 2

    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, 268.9; 40 CFR 270.16, 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 4735.

    Agency Contact: Robert Burchard, Environmental Protection Agency, Solid

    Waste and Emergency Response, 5302W, Washington, DC 20460

    Phone: 703-308-8450

    Fax: 703 308-8433

    Email: burchard.robert@epamail.epa.gov

    RIN: 2050-AF01

    3390. 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 Rule

    12/26/02

    67 FR 78718

    Withdrawal of Direct Final Rule 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

    Page 38294

    Additional Information: SAN 4701.

    Agency Contact: Marie Holman, Environmental Protection Agency, Regional

    Office Philadelphia, 3EI00, Philadelphia, PA 19107

    Phone: 215-814-5463

    Fax: 215 814-2782

    Email: holman.marie@epamail.epa.gov

    Sandra Panetta, Environmental Protection Agency, Regional Office

    Philadelphia, 1807T, Washington, DC 20460

    Phone: 202-566-2184

    Fax: 202 566-2218

    Email: panetta.sandra@epamail.epa.gov

    RIN: 2003-AA00

    3391. 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

    12/00/06

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: Undetermined

    Additional Information: SAN 3189.

    Agency Contact: Sammy Ng, Environmental Protection Agency, Solid Waste and Emergency Response, 5401G, Washington, DC 20460

    Phone: 703-603-7166

    Fax: 202 603-0175

    Email: ng.sammy@epamail.epa.gov

    RIN: 2050-AD69

    3392. 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 subsectors, 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

    Final Action

    01/00/06

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: Businesses

    Government Levels Affected: Federal, State

    Additional Information: SAN 4091.

    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: Katherine Blanton, Environmental Protection Agency,

    Solid Waste and Emergency Response, 5304W, Washington, DC 20460

    Phone: 703-605-0761

    Fax: 703 308-0514

    Email: blanton.katherine@epamail.epa.gov

    RIN: 2050-AE51

    3393. 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.

    Currently, 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. However,

    EPA is interested in exploring whether further regulatory changes are warranted.

    EPA is currently evaluating several options that would provide regulatory

    Page 38295

    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

    07/00/05

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: Undetermined

    Federalism: Undetermined

    Additional Information: SAN 4651.

    Agency Contact: Jim O'Leary, 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

    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@epamail.epa.gov

    RIN: 2050-AE97

    3394. REVISIONS TO THE DEFINITION OF SOLID WASTE

    Priority: Other Significant

    Legal Authority: 42 USC 6903``RCRA Section 1004''

    CFR Citation: 40 CFR 261.2

    Legal Deadline: None

    Abstract: Under RCRA, to be a hazardous waste, a material must also be a solid waste. EPA's framework for determining whether a material is a solid waste is based on what the material is, and how it's managed

    (e.g., how it is used, reused, etc.). For materials being recycled,

    RCRA jurisdiction is complex and the history of legal decisions related to the definition of solid waste is extensive. Primarily, in response to American Mining Congress v. EPA, 824 F. 2d 1177(D.C. Cir. 1987)

    (``AMC I'') and one of the most recent decisions, the Association of

    Battery Recyclers, v. EPA 208 F.3d 1047 (2000) (``ABR''), EPA has proposed to revise the definition of solid waste. We specifically addressed materials undergoing reclamation. In the context of reclamation, we discussed options for how to distinguish materials that are discarded from materials that remain in use in a continuous process in the generating industry. The rule would also establish criteria for determining whether or not hazardous secondary materials are recycled legitimately.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    10/28/03

    68 FR 61558

    Final Action

    01/00/06

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: Federal, State

    Federalism: Undetermined

    Additional Information: SAN 4670. Nominated for reform in OMB's Report to Congress on the Costs and Benefits of Regulations, Appendix A to revise the definition of solid waste rule to grant an exemption from

    RCRA for materials destined for recycling or reuse. OMB has given it a medium priority level.

    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

    Ingrid Rosencrantz, Environmental Protection Agency, Solid Waste and

    Emergency Response, 5304W, Washington, DC 20460

    Phone: 703-605-0709

    Fax: 703 308-0522

    Email: rosencrantz.ingrid@epamail.epa.gov

    RIN: 2050-AE98

    3395. 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

    10/00/05

    Regulatory Flexibility Analysis Required: Undetermined

    Small Entities Affected: Businesses

    Government Levels Affected: Federal

    Additional Information: SAN 4778.

    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

    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@epamail.epa.gov

    RIN: 2050-AF06

    3396. REGULATORY AMENDMENTS TO THE F019 HAZARDOUS WASTE LISTING TO

    EXCLUDE THE WASTEWATER TREATMENT SLUDGES FROM THE CHEMICAL CONVERSION

    COATING PROCESS (ZINC PHOSPHATING) OF AUTOMOBILE BODIES OF ALUMINUM

    Priority: Other Significant

    Unfunded Mandates: Undetermined

    Legal Authority: 42 USC 1006 et seq

    Page 38296

    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

    07/00/05

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: Undetermined

    Additional Information: SAN 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@epamail.epa.gov

    GailAnn Cooper, Environmental Protection Agency, Solid Waste and

    Emergency Response, 5304W, Washington, DC 20460

    Phone: 703-308-8419

    Fax: 703 308-0514

    Email: cooper.gailann@epamail.epa.gov

    RIN: 2050-AG15

    3397. [bullet][ls-thn-eq] STREAMLINING LABORATORY WASTE MANAGEMENT IN

    ACADEMIC AND RESEARCH LABORATORIES

    Priority: Substantive, Nonsignificant

    Legal Authority: 42 USC 6922

    CFR Citation: 40 CFR 262

    Legal Deadline: None

    Abstract: The Laboratory Initiative is focusing on 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 research and academic laboratories compared with large manufacturing processes. For example, research and 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 laboratories operate. Our aim is to improve compliance, not by relaxing the standards, but by improving the fit through regulatory changes to part 262.34.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    09/00/05

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: Undetermined

    Additional Information: SAN 4920. No legal deadline.

    Agency Contact: Patricia Mercer, Environmental Protection Agency, Solid

    Waste and Emergency Response, 5304W, Washington DC, DC 20460

    Phone: 703 308-8408

    Fax: 703 308-0514

    Email: mercer.patricia@epamail.epa.gov

    RIN: 2050-AG18

    Environmental Protection Agency (EPA)

    Completed Actions

    Resource Conservation and Recovery Act (RCRA)

    3398. RESEARCH, DEVELOPMENT, AND DEMONSTRATION PERMITS FOR MUNICIPAL

    SOLID WASTE LANDFILL

    Priority: Substantive, Nonsignificant. Major under 5 USC 801.

    CFR Citation: 40 CFR 258.4

    Completed:

    Reason

    Date

    FR Cite

    Final Action

    03/22/04

    69 FR 13242

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: State, Local

    Agency Contact: Dwight Hlustick

    Phone: 703-308-8647

    Fax: 703 308-8686

    Email: hlustick.dwight@epamail.epa.gov

    Deborah Hanlon

    Phone: 703-308-5824

    Fax: 703 308-8686

    Email: hanlon.deborah@epamail.epa.gov

    RIN: 2050-AE92

    3399. PROJECT XL SITE-SPECIFIC RULEMAKING FOR ANNE ARUNDEL COUNTY

    MILLERSVILLE LANDFILL, SEVERN, MARYLAND

    Priority: Substantive, Nonsignificant

    CFR Citation: 40 CFR 258

    Completed:

    Reason

    Date

    FR Cite

    Withdrawn

    06/10/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: Local, State

    Agency Contact: Steven Donohue

    Phone: 215-814-3215

    Fax: 215 814-2782

    Email: donohue.steven@epamail.epa.gov

    Sherri Walker

    Phone: 202-566-2186

    Fax: 202 566-2218

    Email: walker.sherri@epamail.epa.gov

    RIN: 2090-AA25

    Page 38297

    Environmental Protection Agency (EPA)

    Proposed Rule Stage

    Oil Pollution Act (OPA)

    3400. [bullet][ls-thn-eq] REVISIONS TO THE SPILL PREVENTION, CONTROL, AND

    COUNTERMEASURES (SPCC) RULE

    Priority: Other Significant

    Legal Authority: 33 USC 1321 ``CWA sec 311(j)(l)(C)''

    CFR Citation: 40 CFR 112

    Legal Deadline: None

    Abstract: The Environmental Protection Agency issued a ``Notice

    Concerning Certain Issues Pertaining to the July 2002 Spill Prevention,

    Control, and Countermeasure (SPCC) Rule'' to publish clarifications developed by the Agency during the course of settlement proceedings regarding the SPCC regulation. These clarifications to the SPCC regulation were the result of legal challenges to certain aspects of the July 17, 2002 final regulation.

    EPA is issuing a proposed rule to extend by one year the compliance deadline for regulated facilities to amend (or in some cases, prepare) and implement their SPCC Plans. This extension will provide sufficient time for the regulated community to undertake the actions necessary to update (or prepare) their plans in accordance with recent clarifications EPA has made to certain provision of the SPCC regulations. The extension also avoids a potentially overwhelming number of individual extension requests. EPA will also issue a proposed rule extending by an additional two years the compliance deadline for certain groups of the regulated community. EPA is considering additional measures to ease the compliance burden of smaller facilities, and for oil-filled and motive power equipment.

    EPA is considering a proposal to amend 40 CFR Part 112, which includes the SPCC rule promulgated under the authority of the Clean Water Act.

    The proposal may also include advanced notices of proposed rulemaking on secondary containment for small electrical equipment and on secondary containment requirements for loading racks. Part 112 includes requirements for SPCC Plans, and for Facility Response Plans (FRPs).

    The proposed rule includes changes stemming from the litigation over the SPCC rule, as well as other changes, that have not been fully defined. These may include potential differentiation of requirements for non-petroleum oils, and policy statements associated with the July 2002 SPCC final rule. Among these are the following possible areas: 1)

    Applicability ofthe rule to motive power; 2) Secondary containment and consideration of costs; 3) Wastewater and the applicability of the rule to oil-water separators; 4) Loading/unloading areas vs. rack; 5)

    Wastewater exemption at production facilities; 6) Applicability of the rule to mobile/portable containers; 7) Applicability of the rule to various forms of piping; 8) Scope and definition of operational equipment vs. process vessels; 9) Distinction between the various secondary containment requirements; and 10) Integrity testing for small bulk containers. Specific decisions on the scope of the rulemaking will follow analysis of flexibility available under the July 2002 rule to support pending policy clarifications.

    Timetable:

    Action

    Date

    FR Cite

    Notice of Settlement Terms

    05/25/04

    69 FR 29728 1 yr Compliance Extension NPRM 06/00/04 2 year Compliance Extension

    Proposal

    07/00/04 1 yr Compliance Extension Final 08/00/04 2 Year Compliance Extension

    Final

    04/00/05

    NPRM

    To Be

    Determined

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: Federal

    Additional Information: SAN 2634.2. Split from RIN 2050-AC62.

    Agency Contact: Hugo Fleischman, Environmental Protection Agency, Solid

    Waste and Emergency Response, 5203G, Washington, DC 20460

    Phone: 703-603-8769

    Fax: 703 603-9116

    Email: fleischman.hugo@epamail.epa.gov

    RIN: 2050-AG16

    3401. NATIONAL PRIORITIES LIST FOR UNCONTROLLED HAZARDOUS WASTE SITES:

    PROPOSED AND FINAL RULES

    Priority: Substantive, Nonsignificant

    Legal Authority: 42 USC 9605 ``CERCLA 105''

    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-

    04/30/03

    68 FR 23094

    Final 35 (adds 12 sites)

    09/29/03

    68 FR 55875

    NPRM

    05/00/05

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: Federal, State, Local

    Additional Information: SAN 3439.

    Agency Contact: Yolanda Singer, Environmental Protection Agency,

    Page 38298

    Solid Waste and Emergency Response, 5204G, Washington, DC 20460

    Phone: 703-603-8835

    Fax: 703 603-9100

    Email: singer.yolanda@epamail.epa.gov

    Terry Jeng, Environmental Protection Agency, Solid Waste and Emergency

    Response, 5204G, Washington, DC 20460

    Phone: 202-564-0629

    Fax: 703 603-9104

    Email: jeng.terry@epamail.epa.gov

    RIN: 2050-AD75

    3402. STANDARDS AND PRACTICES FOR CONDUCTING ALL APPROPRIATE INQUIRIES

    Priority: Other Significant

    Legal Authority: 42 USC 9601 et seq

    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 established a FACA Committee charged with negotiating a federal standard in accordance with the statutory criteria.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    12/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: Businesses

    Government Levels Affected: Federal, Local, State, Tribal

    Additional Information: SAN 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

    3403. 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-lead, 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 closeout 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 ten 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 institutionalizethe 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

    NPRM

    04/00/05

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: Governmental Jurisdictions

    Government Levels Affected: Federal, Local, State, Tribal

    Additional Information: SAN 4177.

    Page 38299

    Agency Contact: Kirby Biggs, Environmental Protection Agency, Solid

    Waste and Emergency Response, 5204W, Washington, DC 20460

    Phone: 703-308-8506

    Fax: 703 308-8433

    Email: biggs.kirby@epamail.epa.gov

    RIN: 2050-AE62

    Environmental Protection Agency (EPA)

    Final Rule Stage

    Comprehensive Environmental Response, Compensation and Liability Act

    3404. 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've proposed an RQ adjustment for the inorganic chemical manufacturing process waste (K178)(66 FR 58258, 11/20/01). The Agency received one comment for the carbamates RQ adjustment and one for the inorganics RQ adjustment. Neither comment wil delay promulgation of the final rule.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    12/04/03

    68 FR 67916

    Final Action

    10/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Additional Information: SAN 3423.

    Agency Contact: Lynn Beasley, Environmental Protection Agency, Solid

    Waste and Emergency Response, 5204G, Washington, DC 20460

    Phone: 703-603-9086

    Fax: 703 603-9104

    Email: beasley.lynn@epamail.epa.gov

    RIN: 2050-AE12

    Environmental Protection Agency (EPA)

    Long-Term Actions

    Comprehensive Environmental Response, Compensation and Liability Act

    3405. 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 4201.

    Agency Contact: Lynn Beasley, Environmental Protection Agency, Solid

    Waste and Emergency Response, 5204G, Washington, DC 20460

    Phone: 703-603-9086

    Fax: 703 603-9104

    Email: beasley.lynn@epamail.epa.gov

    RIN: 2050-AE63

    3406. ADMINISTRATIVE REPORTING EXEMPTION FOR CERTAIN AIR RELEASES OF NOX

    Priority: Other Significant

    Legal Authority: 42 USC 9603

    CFR Citation: 40 CFR 302.6(c)

    Legal Deadline: None

    Page 38300

    Abstract: The Agency is considering proposing to administratively exempt from reporting requirements the releases of certain NOx emissions to air. This would eliminate reports from facilities emitting

    NOx where the Agency has determined that the releases pose little or no risk or to which a Federal response is infeasible or inappropriate.

    Requiring reports of such releases would serve little or no useful purpose and could, instead, impose a significant burden on the Federal response system and on the persons responsible for notifying the

    Federal government of the release.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    01/00/06

    Regulatory Flexibility Analysis Required: Undetermined

    Government Levels Affected: Undetermined

    Federalism: Undetermined

    Additional Information: SAN 4736.

    Agency Contact: Lynn Beasley, Environmental Protection Agency, Solid

    Waste and Emergency Response, 5204G, Washington, DC 20460

    Phone: 703-603-9086

    Fax: 703 603-9104

    Email: beasley.lynn@epamail.epa.gov

    RIN: 2050-AF02

    3407. 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 proposing corrections and other changes to 40 CFR 302.4, the Designation of Hazardous Substances. The proposal may include the correction of entries for individual substances, entries for F-and K- waste streams and entries in Appendix

    A of 40 CFR 302.4. Other aspects of the proposal may include additional substances as entries in Table 302.4, Appendix A to Section 302.4, and the table in Section 302.6(b)(iii); removal of other entries from these lists; and amendments to certain footnotes that explain entries in

    Table 302.4.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    10/00/05

    Regulatory Flexibility Analysis Required: No

    Government Levels Affected: Undetermined

    Additional Information: SAN 4737. The Agency is considering additional corrections not covered in a prior Error Correction Rulemaking (67 FR 45314, 7/9/02) and expected to generate comment from the public.

    Agency Contact: Lynn Beasley, Environmental Protection Agency, Solid

    Waste and Emergency Response, 5204G, Washington, DC 20460

    Phone: 703-603-9086

    Fax: 703 603-9104

    Email: beasley.lynn@epamail.epa.gov

    RIN: 2050-AF03

    Environmental Protection Agency (EPA)

    Prerule Stage

    Clean Water Act (CWA)

    3408. WATER QUALITY STANDARDS FOR INDIAN COUNTRY WATERS

    Priority: Other Significant. Major status under 5 USC 801 is undetermined.

    Unfunded Mandates: Undetermined

    Legal Authority: 33 USC 1251 et seq

    CFR Citation: 40 CFR 131; 40 CFR 121.17 (New); 40 CFR 122.4 (Amended); 40 CFR 123.1 (Amended); 40 CFR 131.4 (Amended); 40 CFR 131.40 (New); 40

    CFR 230.10 (Amended); 40 CFR 233.1 (Amended); 40 CFR 233.51 (Amended)

    Legal Deadline: None

    Abstract: EPA is considering preparing an advance notice of proposed rulemaking (ANPRM) for Federal water quality standards for waters in

    Indian country. EPA is currently reviewing detailed comments from fourteen tribes, two tribal organizations, four States, and two Federal agencies to the November 2003 staff draft ANPRM. A majority of tribal commenters indicated a need for more formal consultation with tribes on the potential rulemaking. EPA is considering how best to undertake government-to-government consultation with affected tribes before any rulemaking on Federal water quality standards for waters of Indian country.

    Without applicable standards, the Clean Water Act's mechanisms for protecting water quality in Indian country are limited. A Federal promulgation would not prevent tribes from developing and adopting their own federally approved water quality standards where possible.

    Timetable:

    Action

    Date

    FR Cite

    ANPRM

    08/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: Federal, State, Tribal

    Federalism: Undetermined

    Additional Information: SAN 4344.

    Agency Contact: Fred Leutner, Environmental Protection Agency, Water, 4305, Washington, DC 20460

    Phone: 202-566-0378

    Fax: 202 566-0409

    Email: leutner.fred@epamail.epa.gov

    Edward Hanlon, Environmental Protection Agency, Water, 4305,

    Washington, DC 20460

    Phone: 202-566-0765

    Fax: 202 566-0409

    Email: hanlon.edward@epamail.epa.gov

    RIN: 2040-AD46

    Page 38301

    Environmental Protection Agency (EPA)

    Proposed Rule Stage

    Clean Water Act (CWA)

    3409. 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 effectivenessand 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

    03/00/05

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: Businesses

    Government Levels Affected: Federal, State

    Additional Information: SAN 4526.

    Sectors Affected: 54 Professional, Scientific and Technical Services; 3259 Other Chemical Product Manufacturing; 325 Chemical Manufacturing; 3251 Basic Chemical Manufacturing

    Agency Contact: William Nichols, Environmental Protection Agency, Solid

    Waste and Emergency Response, 5203G, Washington, DC 20460

    Phone: 703 603-9918

    Fax: 703 603-9116

    Email: nichols.nick@epa.gov

    David Evans, Environmental Protection Agency, Solid Waste and Emergency

    Response, 5203G, Washington, DC 20460

    Phone: 703-603-8885

    Fax: 703-603-9116

    Email: evans.david@epamail.epa.gov

    RIN: 2050-AE87

    3410. UNIFORM NATIONAL DISCHARGE STANDARDS FOR VESSELS OF THE ARMED

    FORCES--PHASE II

    Priority: Substantive, Nonsignificant

    Legal Authority: 33 USC 1322; 33 USC 1361

    CFR Citation: 40 CFR 1700

    Legal Deadline: Final, Statutory, May 10, 2001.

    Abstract: This action is Phase II of implementing regulations for

    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

    (UNDS). Section 312(n) directs EPA and DOD to jointly develop a nationally uniform set of discharge standards for Armed Forces vessels, preempting existing and future State and local standards for these discharges. The purpose of the statute is to allow DOD to plan, design, and build environmentally sound vessels, to encourage the development and use of 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 because they have the potential to adversely impact the aquatic environment. Phase II will establish the performance standards for these 25 discharges. Due to the complicated task of developing standards for so many complex waste streams simultaneously, DOD and EPA modified the rulemaking approach to ensure that the benefits of the UNDS program accrue in a more timely manner.

    The modification consists of promulgating the Phase II discharges in groups or ``batches.'' The first batch, consisting of seven discharges, would be proposed in January of 2005. Once DOD implements the 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

    01/00/05

    Final Action

    09/00/05

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: Federal

    Federalism: Undetermined

    Additional Information: SAN 4357.

    Agency Contact: Steven Giordano, Environmental Protection Agency,

    Water, 4504T, Washington, DC 20460

    Phone: 202-566-1272

    Fax: 202-566-1546

    Email: giordano.steven@epamail.epa.gov

    Brian Rappoli, Environmental Protection Agency, Water, 4504T,

    Washington, DC 20460

    Phone: 202-260-9590

    Fax: 202-564-1546

    Email: rappoli.brian@epamail.epa.gov

    RIN: 2040-AD39

    3411. MINIMIZING ADVERSE ENVIRONMENTAL IMPACT FROM COOLING WATER INTAKE

    STRUCTURES AT EXISTING FACILITIES UNDER SECTION 316(B) OF THE CLEAN

    WATER ACT, PHASE 3

    Priority: Economically Significant. Major status under 5 USC 801 is undetermined.

    Unfunded Mandates: Undetermined

    Legal Authority: 33 USC 1311 ``CWA 301''; 33 USC 1316 ``CWA 306''; 33

    USC 1326 ``CWA 316''; 33 USC 1361 ``CWA 501''

    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 will apply to existing facilities in the

    Page 38302

    following industries at a minimum: 1) electricity generating facilities not covered by Phase 2 regulations; 2) pulp and paper manufacturing facilities; 3) chemicals and allied products manufacturing facilities; 4) petroleum and coal products manufacturing facilities; and 5) primary metals manufacturing facilities. 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 intakestructures 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 traped 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

    11/00/04

    Final Action

    06/00/06

    Regulatory Flexibility Analysis Required: Undetermined

    Small Entities Affected: Businesses

    Government Levels Affected: Federal, Local, State, Tribal

    Additional Information: SAN 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 Supply; 313 Textile

    Mills; 336 Transportation Equipment Manufacturing; 321 Wood Product

    Manufacturing

    Agency Contact: Paul Shriner, Environmental Protection Agency, Water, 4303T, Washington, DC 20460

    Phone: 202-566-1076

    Fax: 202 566-1053

    Email: shriner.paul@epamail.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

    3412. 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), capacityassurance, 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

    04/00/05

    Final Action

    04/00/07

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: Governmental Jurisdictions

    Government Levels Affected: Federal, Local, State, Tribal

    Federalism: This action may have federalism implications as defined in

    EO 13132.

    Additional Information: SAN 3999. Note: This rule was formerly known as

    ``Revisions to NPDES Requirements for Compliance Reporting and

    Collection System Discharges.''

    Sectors Affected: 22132 Sewage Treatment Facilities

    URL For More Information: www.epa.gov/npdes

    Agency Contact: Kevin Weiss, Environmental Protection Agency, Water, 4203M, Washington, DC 20460

    Phone: 202-564-0742

    Fax: 202 564-6392

    Email: weiss.kevin@epamail.epa.gov

    Kevin DeBell, Environmental Protection Agency, Water, 4203M,

    Washington, DC 20460

    Phone: 202-564-0040

    Fax: 202 564-6392

    Email: debell.kevin@epamail.epa.gov

    RIN: 2040-AD02

    3413. POLICY REGARDING NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM

    PERMIT REQUIREMENTS FOR MUNICIPAL WASTEWATER TREATMENT DURING WET

    WEATHER CONDITIONS

    Priority: Substantive, Nonsignificant

    Legal Authority: 33 USC 1251 et seq

    CFR Citation: 40 CFR 122.41(m)

    Legal Deadline: None

    Page 38303

    Abstract: During periods of wet weather, wastewater flows received by municipal sewage treatment plants can significantly increase, which can create operational challenges for sewage treatment facilities. Where peak flows approach or exceed the design capacity of a treatment plant they can seriously reduce treatment efficiency or damage treatment units. In addition to hydraulic concerns, wastewater associated with peak flows may have low organic strength, which can also decrease treatment efficiencies. One engineering practice that some facilities use to protect biological treatment units from damage and to prevent overflows and backups elsewhere in the system is referred to as wet weather blending. Wet weather blending occurs during peak wet weather flow events when flows that exceed the capacity of the biological units are routed around the biological units and blended with effluent from the biological units prior to discharge. Regulatory agencies, sewage treatment plant operators, and representatives of environmental advocacy groups have expressed uncertainty about National Pollutant

    Discharge Elimination System (NPDES) requirements addressing such situations. EPA requested public comment on a proposed policy published on November 7, 2003. EPA's intention is to develop a policy that will provide criteria for authorizing or approving blended discharges that meet permit limitations in NPDES permits. When implemented, EPA intends that the policy will ensure that NPDES requirements be applied in a nationally-consistent manner that improves the capacity, management, operation and maintenance of sewage treatment plants and collection systems and protects human health and the environment.

    Timetable:

    Action

    Date

    FR Cite

    Draft Policy

    11/07/03

    68 FR 63042

    Final Policy

    08/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: Governmental Jurisdictions

    Government Levels Affected: None

    Additional Information: SAN 4690.

    Sectors Affected: 22132 Sewage Treatment Facilities

    URL For More Information: www.epa.gov/npdes

    Agency Contact: Kevin Debell, Environmental Protection Agency, Water, 4203M, Washington, DC 20460

    Phone: 202-564-0040

    Fax: 202 564-6392

    Email: debell.kevin@epa.gov

    Patrick Bradley, Environmental Protection Agency, Water, 4203M,

    Washington, DC 20460

    Phone: 202-564-0729

    Fax: 202 564-6392

    Email: bradley.patrick@pa.gov

    RIN: 2040-AD87

    3414. [bullet][ls-thn-eq] WATER QUALITY STANDARDS FOR PATHOGENS AND

    PATHOGEN INDICATORS FOR COASTAL RECREATION WATERS

    Priority: Substantive, Nonsignificant

    Legal Authority: 33 USC 1313

    CFR Citation: 40 CFR 131D

    Legal Deadline: None

    Abstract: The October 2000 Beaches Environmental and Coastal Health Act

    (BEACH Act) amended the Clean Water Act to require coastal and Great

    Lake States to adopt criteria: ``as protective of human health as''

    EPA's criteria for pathogen and pathogen indicators for their coastal recreation waters by April 2004. The BEACH Act defines ``coastal recreation waters'' as marine coastal waters that are designated under section 303 (c) of the Clean Water Act by a State for swimming, bathing, surfing or similar water contact activities and the Great

    Lakes. The Act further requires EPA to promptly propose new or revised water quality criteria for coastal or Great Lake States that do not adopt criteria for pathogens or pathogen indicators ``as protective of human health as'' EPA's criteria.

    This action announces the Agency's intent to set revised or new water quality standards for pathogens and pathogen indicators for states

    (with coastal recreation waters) that fail to adopt water quality criteria and standards for pathogens for which EPA has developed criteria. This action announces the Agency's intent to set revised or new water quality standards for pathogens and pathogen indicators for states (with coastal recreation waters) that fail to adopt water quality criteria and standards for pathogen indicators as protective of human health as EPA's 1986 bacteria criteria.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    07/00/04

    Final Action

    09/00/04

    Regulatory Flexibility Analysis Required: Undetermined

    Government Levels Affected: Federal, State

    Additional Information: SAN 4852.

    Agency Contact: Richard Healy, Environmental Protection Agency, Water, 4305T, Washington, DC 20460

    Phone: 202-566-0405

    Fax: 202 566-0409

    Email: healy.richard@epa.gov

    RIN: 2040-AE63

    Environmental Protection Agency (EPA)

    Final Rule Stage

    Clean Water Act (CWA)

    3415. EFFLUENT GUIDELINES AND STANDARDS FOR THE CONSTRUCTION AND

    DEVELOPMENT INDUSTRY

    Priority: Substantive, Nonsignificant

    Legal Authority: 33 USC 1311 ``CWA 301''; 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 450; 40 CFR 122

    Legal Deadline: NPRM, Judicial, May 15, 2002, -.

    Final, Judicial, March 31, 2004, -.

    Abstract: In June, 2002, EPA proposed three options that relate to the discharge of pollutants from construction sites. The proposal included two options that work in conjunction with existing storm water regulations to continue support for state and local flexibility and land use

    Page 38304

    decision-making. The proposal also included an option to rely solely on existing regulations and not establish additional regulatory requirements through effluent guidelines. The comment period closed in

    December, 2002. Final action is subject to a court-ordered deadline of 3/31/2004.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    06/24/02

    67 FR 42644

    Final Action

    06/00/04

    Regulatory Flexibility Analysis Required: Yes

    Small Entities Affected: Businesses

    Government Levels Affected: None

    Additional Information: SAN 4280. For more information on the construction and development rule visit web site.

    Sectors Affected: 233 Building, Developing and General Contracting; 234

    Heavy Construction

    Agency Contact: Jesse Pritts, Environmental Protection Agency, Water, 4303T, Washington, DC 20460

    Phone: 202-566-1038

    Fax: 202 566-1053

    Email: pritts.jesse@epamail.epa.gov

    RIN: 2040-AD42

    3416. EFFLUENT GUIDELINES AND STANDARDS FOR THE CONCENTRATED AQUATIC

    ANIMAL PRODUCTION INDUSTRY

    Priority: Other Significant

    Legal Authority: ``CWA Section 301''; ``CWA Section 304''; ``CWA

    Section 306''; ``CWA Section 307''; ``CWA Section 308''; ``CWA Section 318''; ``CWA Section 402''; ``CWA Section 501''

    CFR Citation: 40 CFR 451

    Legal Deadline: NPRM, Judicial, August 14, 2002.

    Final, Judicial, June 30, 2004.

    Abstract: Currently, there are no federal technology-based standards for aquatic animal production facilities, which are part of the aquaculture industry. This action is a new effort to develop pollutant controls in the form of nationally applicable discharge standards for commercial and public aquaculture operations. In assessments of surface water quality, States most frequently cite siltation, nutrients, and pathogens as the major cause of water quality impairment. With the growth of the aquaculture industry, and inconsistent state of regulatory oversight, EPA will examine available technologies for the control of solids which in turn control other pollutants, primarily nutrients. This action was formerly titled Aquaculture.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    09/12/02

    67 FR 57871

    Notice of Data Availability

    12/29/03

    68 FR 75068

    Final Action

    06/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: Businesses

    Government Levels Affected: Federal, State, Tribal

    Additional Information: SAN 4406.

    Sectors Affected: 112511 Finfish Farming and Fish Hatcheries; 112519

    Other Animal Aquaculture; 112512 Shellfish Farming; 71213 Zoos and

    Botanical Gardens

    Agency Contact: Marta Jordan, Environmental Protection Agency, Water, 4303T, Washington, DC 20460

    Phone: 202-566-1049

    Fax: 202 566-1053

    Email: jordan.marta@epamail.epa.gov

    Marvin Rubin, Environmental Protection Agency, Water, 4303T,

    Washington, DC 20460

    Phone: 202-566-1050

    Fax: 202 566-1053

    Email: rubin.marvin@epamail.epa.gov

    RIN: 2040-AD55

    3417. EFFLUENT GUIDELINES AND STANDARDS FOR THE MEAT AND POULTRY

    PRODUCTS POINT SOURCE CATEGORY (REVISIONS)

    Priority: Other Significant

    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 432 (Revision)

    Legal Deadline: NPRM, Judicial, January 30, 2002, -.

    Final, Judicial, February 26, 2004, -.

    Abstract: The Agency proposed revisions to the effluent limitations guidelines and standards for the Meat and Poultry Products Point Source

    Category in February 2002. The current regulations, at 40 CFR 432, are more than 20 years old and establish limitations and standards for only conventional pollutants. The current regulations do not establish national regulations for ammonia nitrogen discharges associated with slaughterhouses/packinghouses (Subparts A-D). Nutrients like ammonia may pose a water quality problem for impaired streams. Revisions to the current regulations may also include effluent limitations for poultry processing, which is not currently covered by any effluent guideline.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    02/25/02

    67 FR 8582

    NODA

    08/13/03

    68 FR 48471

    Final Action

    07/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: Businesses

    Government Levels Affected: Federal, State, Local, Tribal

    Additional Information: SAN 4407.

    Sectors Affected: 311611 Animal (except Poultry) Slaughtering; 311612

    Meat Processed from Carcasses; 311613 Rendering and Meat By-product

    Processing; 311615 Poultry Processing

    Agency Contact: Samantha Lewis, Environmental Protection Agency, Water, 4303T, Washington, DC 20460

    Phone: 202-566-1058

    Fax: 202 566-1053

    Email: lewis.samantha@epamail.epa.gov

    Marvin Rubin, Environmental Protection Agency, Water, 4303T,

    Washington, DC 20460

    Phone: 202-566-1050

    Fax: 202 566-1053

    Email: rubin.marvin@epamail.epa.gov

    RIN: 2040-AD56

    3418. EFFLUENT GUIDELINES PROGRAM PLAN FOR 2004/2005

    Priority: Substantive, Nonsignificant

    Legal Authority: 33 USC 1311; 33USC 1314; 33 USC 1316

    CFR Citation: None

    Legal Deadline: Final, Statutory, February 4, 2004, Final Plan.

    Abstract: EPA publishes an Effluent Guidelines Program Plan every other year as required by Section 304(m) of the Clean Water Act (CWA). The

    Plan sets forth EPA's rationale for the selection of particular industries as

    Page 38305

    candidates for new or revised effluent guidelines. EPA's Effluent

    Guidelines Program Plan for 2004/2005 will describe the effluent guidelines program and the effluent guidelines underway, as well as identify existing guidelines that may be revised or new guidelines that may be developed. OW will use the 2004/2005 Plan as a strategic opportunity to help design the future of the technology-based pollution control program for industrial sources of water pollution.

    Timetable:

    Action

    Date

    FR Cite

    Draft Plan

    12/31/03

    68 FR 75515

    Final Action

    04/26/04

    69 FR 22472

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Additional Information: SAN 4766.

    URL For More Information: http://www.epa.gov/guide/plan.html

    URL For Public Comments: http://www.epa.gov/edocket/ow-2002-0020

    Agency Contact: Carey Johnston, Environmental Protection Agency, Water, 4303T, Washington, DC 20460

    Phone: 202-566-1014

    Fax: 202 566-1053

    Email: johnston.carey@epamail.epa.gov

    Tom Wall, Environmental Protection Agency, Water, 4303T, Washington, DC 20460

    Phone: 202-566-1060

    Fax: 202 566-1054

    Email: wall.tom@epamail.epa.gov

    RIN: 2040-AD92

    3419. TEST PROCEDURES: REVISIONS TO METHOD DETECTION AND QUANTITATION

    FOR THE CLEAN WATER ACT

    Priority: Substantive, Nonsignificant

    Legal Authority: 33 USC 1314; 33 USC 1361(a)

    CFR Citation: 40 CFR 136

    Legal Deadline: NPRM, Judicial, February 28, 2003, Settlement

    Agreement.

    Final, Judicial, November 1, 2004, Settlement Agreement.

    Abstract: EPA is to take final action on a reassessment of the Agency's procedures for determining the sensitivity of analytic test methods for aqueous samples. EPA may also amend the Guidelines Establishing Test

    Procedures for the Analysis of Pollutants under 40 CFR part 136 related to the detection and quantification procedures currently used by EPA for analytes regulated in the wastewater program as authorized under the Clean Water Act (CWA). The current method detection limit (MDL) procedure is set forth at 40 CFR part 136, appendix B. EPA has not promulgated a generic procedure for quantification but it uses the minimum level of quantitation (ML) in its wastewater program. The ML is defined in analytical methods and is generally set at 3.18 times the

    MDL. The Office of Water has been working to revise and refine these concepts to facilitate regulation of pollutants at low levels (often levels that are lower than measurement capabilities will allow) and to address other potential approaches to detection and quantification, including concepts being introduced by outside organizations such as voluntary consensus standards bodies (VCSBs). The rulemaking would also re-evaluate the current MDL and quantification approaches and assess alternative approaches.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    03/12/03

    68 FR 11791

    Final Action

    11/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: Federal, State, Local, Tribal

    Additional Information: SAN 4378.

    Agency Contact: Richard Reding, Environmental Protection Agency, Water, 4303T, Washington, DC 20460

    Phone: 202-564-4656

    Fax: 202 566-1053

    Email: reding.richard@epa.gov

    Maria Gomez-Taylor, Environmental Protection Agency, Water, 4303T,

    Washington, DC 20460

    Phone: 202-566-1005

    Fax: 202 566-1053

    Email: gomez-taylor.maria@epamail.epa.gov

    RIN: 2040-AD53

    3420. 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 (CWA) and Safe

    Drinking Water Act. This regulation would propose 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 (VCSBs), 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 (ASTM), Standard

    Methods, and the Association of Official Analytical Methods-

    International.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    04/06/04

    69 CFR 18166

    Final Action

    04/00/05

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: Federal, State, Local, Tribal

    Additional Information: SAN 4540. This action incorporates the following analytical methods that had previously been tracked independently: 1. RIN

    Page 38306

    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: William Telliard, Environmental Protection Agency,

    Water, 4303T, Washington, DC 20460

    Phone: 202-566-1061

    Fax: 202 566-1053

    Email: telliard.william@epamail.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

    3421. MINIMIZING ADVERSE ENVIRONMENTAL IMPACT FROM COOLING WATER INTAKE

    STRUCTURES AT EXISTING FACILITIES UNDER SECTION 316(B) OF THE CLEAN

    WATER ACT, PHASE 2

    Priority: Economically Significant. Major under 5 USC 801.

    Unfunded Mandates: This action may affect the private sector under PL 104-4.

    Legal Authority: 33 USC 1311 ``CWA 301''; 33 USC 1316 ``CWA 306''; 33

    USC 1326 ``CWA 316''; 33 USC 1361 ``CWA 501''

    CFR Citation: 40 CFR 9; 40 CFR 122; 40 CFR 123; 40 CFR 124; 40 CFR 125

    Legal Deadline: NPRM, Judicial, February 28, 2002, -.

    Final, Judicial, February 16, 2004, -.

    Abstract: This rulemaking affects large existing electricity generating facilities that employ cooling water intake structures. 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 the rulemaking is to minimize any adverse environmental impact that may be associated with the impingement and entrainment of fish and other aquatic organisms by cooling water intake structures.

    Impingement refers to trapping fish and other aquatic life on intake screens or similar devices where they may be injured or killed.

    Entrainment occurs when smaller aquatic organisms, eggs, and larvae are drawn into a cooling system, and then pumped back out, often with significant injury or mortality due to heat, physical stress or exposure to chemicals.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    04/09/02

    67 FR 17122

    NODA

    03/19/03

    68 FR 13522

    Final Action

    07/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: Businesses

    Government Levels Affected: Federal, State, Local, Tribal

    Additional Information: SAN 4474. Split from RIN 2040-AC34.

    Sectors Affected: 2211 Electric Power Generation, Transmission and

    Distribution

    Agency Contact: Debbi Hart, Environmental Protection Agency, Water, 4303T, Washington, DC 20460

    Phone: 202-566-6379

    Fax: 202 566-1053

    Email: hart.debbi@epamail.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-AD62

    3422. STREAMLINING THE GENERAL PRETREATMENT REGULATIONS FOR EXISTING AND

    NEW SOURCES OF POLLUTION

    Priority: Other Significant

    Legal Authority: 33 USC 1314 ``CWA 304''; 33 USC 1317 ``CWA 307''; 33

    USC 1342 ``CWA 402''; 33 USC 1361 ``CWA 501''

    CFR Citation: 40 CFR 403

    Legal Deadline: None

    Abstract: The final rule will be promulgated as a program streamlining activity. The rule will revise certain provisions in the General

    Pretreatment Regulations (40 CFR Part 403) that address restrictions on and oversight of industrial discharges into Publicly Owned Treatment

    Works (POTWs). The final rule would include exclusions or variable requirements for smaller facilities that contribute insignificant amounts of pollutants, clarify requirements for implementing

    Pretreatment Standards, and provide more flexible reporting, inspection and sampling requirements. The revisions should provide greater flexibility, reduce burden, and achieve improved environmental results at less cost for regulatory authorities and the regulated community.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    07/22/99

    64 FR 39564

    Final Action

    11/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: Governmental Jurisdictions

    Government Levels Affected: Federal, State, Local, Tribal

    Additional Information: SAN 3663.

    Agency Contact: Greg Schaner, Environmental Protection Agency, Water, 4203M, Washington, DC 20460

    Phone: 202-564-0721

    Fax: 202 564-6431

    Email: schaner.greg@epamail.epa.gov

    Jan Pickrel, Environmental Protection Agency, Water, 4203M, Washington,

    DC 20460

    Phone: 202-564-7904

    Fax: 202 564-6431

    Email: pickrel.jan@epamail.epa.gov

    RIN: 2040-AC58

    3423. COMPARISON OF DREDGED MATERIAL TO REFERENCE SEDIMENT

    Priority: Substantive, Nonsignificant

    Legal Authority: 33 USC 1344 ``CWA 404''

    CFR Citation: 40 CFR 230

    Legal Deadline: None

    Abstract: This action would revise the testing provisions of the Clean

    Water Act section 404(b)(1) Guidelines to provide for comparisons between dredged material proposed for discharge and reference sediment.

    Page 38307

    Reference sediment would be defined as sediment that reflects conditions at the disposal site had no dredged material disposal ever occurred there. Because the disposal site itself is currently used as the point of comparison, this action would make a technical improvement in assessing cumulative impacts and help make dredged material testing under section 404 more consistent with that conducted for ocean disposal, which currently employs a reference sediment approach. This action is not expected to have a significant impact on state, local, or tribal governments or small business, as the action will be limited to

    Corps projects and permit applications for which dredged material testing is necessary, and because the effect of the action will be limited to changing the location of an otherwise collected sample.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    01/04/95

    60 FR 419

    Final Action

    12/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: Federal

    Additional Information: SAN 3288.

    Agency Contact: John Goodin, Environmental Protection Agency, Water, 4502T, Washington, DC 20460

    Phone: 202-566-1373

    Fax: 202 566-1375

    Email: goodin.john@epamail.epa.gov

    RIN: 2040-AC14

    3424. 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 to 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 12 point source categories 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 significant long-term savings in the annual cost of printing these regulations.

    The point source categories which would be recodified by this action include: Dairy Products Processing (part 405), Grain Mills

    Manufacturing (part 406), Fruits and Vegetable Processing (part 407),

    Canned and Preserved Seafood (part 408), Sugar Processing (part 409),

    Textile Mills (part 410), Cement Manufacturing (part 411),

    Electroplating (part 413), Inorganic Chemicals (part 415), Soaps and

    Detergent Manufacturing (part 417), Fertilizer Manufacturing (part 418), and Petroleum Refining (part 419). The revisions would also expand the list of general definitions in section 401.11.

    Timetable:

    Action

    Date

    FR Cite

    Direct Final Action

    07/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: Federal, Local, State

    Federalism: Undetermined

    Additional Information: SAN 4822.

    Agency Contact: Hugh Wise, Environmental Protection Agency, Water, 4303T, Washington, DC 20460

    Phone: 202-566-1031

    Fax: 202 566-1053

    Email: wise.hugh@epamail.epa.gov

    RIN: 2040-AE61

    3425. [bullet][ls-thn-eq] UNIFORM NATIONAL DISCHARGE STANDARDS FOR ARMED

    FORCES VESSELS--PHASE II

    Priority: Substantive, Nonsignificant

    Legal Authority: 33 USC 1322(n) ``CWA sec 312(n) ''

    CFR Citation: 40 CFR 1700 ``(New)''

    Legal Deadline: None

    Abstract: This action is Phase II of implementing regulations for

    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

    (UNDS). Section 312(n) directs EPA and DOD to jointly develop a nationally uniform set of discharge standards for Armed Forces vessels, preempting existing and future State and local standards for these discharges. The purpose of the statute is to allow DOD to plan, design, and build environmentally sound vessels, to encourage the development and use of 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 because they have the potential to adversely impact the aquatic environment. Phase II will establish the performance standards for these 25 discharges. Due to the complicated task of developing standards for so many complex waste streams simultaneously, DOD and EPA modified the rulemaking approach to ensure that the benefits of the UNDS program accrue in a more timely manner.

    The modification consists of promulgating the Phase II discharges in groups or ``batches.'' The first batch, consisting of seven discharges, would be proposed in January of 2005. 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 (Phase II Batch one)

    01/00/05

    Final Action (Phase II Batch one)

    09/00/05

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: Federal, Local, State

    Page 38308

    Federalism: This action may have federalism implications as defined in

    EO 13132.

    Additional Information: SAN 3925.1. Split from RIN 2040-AC96.

    URL For More Information: http://www.epa.gov/waterscience/rules/unds

    Agency Contact: Steven Giordano, Environmental Protection Agency,

    Water, 4504T, Washington, DC 20460

    Phone: 202-566-1272

    Fax: 202-566-1546

    Email: giordano.steven@epamail.epa.gov

    Brian Rappoli, Environmental Protection Agency, Water, 4504T,

    Washington, DC 20460

    Phone: 202-260-9590

    Fax: 202-564-1546

    Email: rappoli.brian@epamail.epa.gov

    RIN: 2040-AE64

    Environmental Protection Agency (EPA)

    Long-Term Actions

    Clean Water Act (CWA)

    3426. 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 2004 effluent guidelines planning process under CWA section 304 (m) whether to proceed with the rulemaking.

    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 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@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

    3427. TEST PROCEDURES FOR THE ANALYSIS OF TRACE METALS UNDER THE CLEAN

    WATER ACT

    Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined.

    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 regulatory action would propose to 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 notensure 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

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: Federal, State, Local, Tribal

    Federalism: Undetermined

    Additional Information: SAN 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

    Maria Gomez-Taylor, Environmental Protection Agency, Water, 4303T,

    Washington, DC 20460

    Phone: 202-566-1005

    Fax: 202 566-1053

    Email: gomez-taylor.maria@epamail.epa.gov

    RIN: 2040-AC75

    3428. 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: This regulatory action would highlight the flexibility already contained in the 600 and 1600 series of 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

    Page 38309

    Pollutants. These methods typically contain a statement that, in recognition of advances that are occurring in analytical technology, and to allow the analyst to overcome sample matrix interferences, the analyst is permitted certain options to improve separations or lower the costs of measurements. These options include alternate extraction, concentration, cleanup procedures, and changes in columns and detectors. The methods further require the analyst to demonstrate that the method modifications will not adversely affect the quality of data by generating quality control results that meet the specifications contained in the method. Despite this stated flexibility, the Agency has found that many NPDES and pretreatment permitting authorities are not aware of this flexibility when issuing or enforcing NPDES and pretreatment permits. Therefore, this regulatory action will highlight the existing method flexibility and clarify EPA's position regarding its application. This action will also extend this flexibility to other methods currently approved under 40 CFR part 136. The purpose of extending this flexibility to other methods is to (1) increase consistency between methods, (2) provide for increased recognition of advances in analytical technology, and (3) reduce costs associated with analytical measurements.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    To Be

    Determined

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: Federal, State, Local, Tribal

    Additional Information: SAN 3714.

    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

    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-AC92

    3429. TEST PROCEDURES: PERFORMANCE-BASED MEASUREMENT SYSTEM (PBMS)

    PROCEDURES AND GUIDANCE FOR CLEAN WATER ACT TEST PROCEDURES

    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: This regulatory action would establish the use of 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 include guidance concerning the format, content, quality assurance/quality control, and data validation requirements for use of test methods. This regulatory action would also describe increased program guidance in the form ofa clearinghouse, 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 3713.

    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

    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-AC93

    3430. 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; 40 CFR 503

    Legal Deadline: None

    Abstract: This regulatory action would propose to 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 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

    Maria Gomez-Taylor, Environmental Protection Agency, Water, 4303T,

    Washington, DC 20460

    Phone: 202-566-1005

    Fax: 202 566-1053

    Email: gomez-taylor.maria@epamail.epa.gov

    RIN: 2040-AD09

    Page 38310

    3431. NPDES STREAMLINING RULE -- ROUND III

    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 issue a rulemaking package 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 adding additional permit modifications that can be considered minor modifications at 122.63, and changes to requirements concerning

    EPA's review of State permits. 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

    11/00/06

    Final Action

    08/00/07

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: Federal, State, Local, Tribal

    Additional Information: SAN 3786.

    Agency Contact: HowardE Rubin, Environmental Protection Agency, Water, 4203M, Washington, DC 20460

    Phone: 202-564-2051

    Fax: 202 564-9544

    Email: rubin.howarde@epamail.epa.gov

    Robert Wood, Environmental Protection Agency, Water, 4203M, Washington,

    DC 20460

    Phone: 202-564-9536

    Fax: 202 564-9544

    Email: wood.robert@epamail.epa.gov

    RIN: 2040-AC84

    3432. WATERSHED RULE: TOTAL MAXIMUM DAILY LOAD (TMDL) PROGRAM REVISIONS

    Priority: Other Significant

    Legal Authority: 33 USC 1313; 33 USC 1329; 33 USC 1342; 33 USC 1256

    CFR Citation: 40 CFR 9; 40 CFR 122; 40 CFR 124; 40 CFR 130

    Legal Deadline: None

    Abstract: This action amends regulations governing the TMDL program to ensure that it is effective allowing for active participation by all stakeholders including local governments and communities. The amendments will address: the scope and content of the list of impaired waters required by section 303(d) of the Clean Water Act, the scope and content of TMDLs, EPA's role in helping States establish 303(d) lists and TMDLs so that impaired waters are restored, and the framework for implementing TMDLs provided by State CPPs and watershed plans. EPA is also proposing revision to the NPDES permitting regulations.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    To Be

    Determined

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: Federal, State, Tribal

    Additional Information: SAN 4623.

    Agency Contact: Christine Ruf, Environmental Protection Agency, Water, 4503T, Washington, DC 20460

    Phone: 202-566-1220

    Fax: 202-260-2300

    Email: ruf.christine@epamail.epa.gov

    Francoise Brasier, Environmental Protection Agency, Water, 4503T,

    Washington, DC 20460

    Phone: 202-566-1214

    Fax: 202 566-1333

    Email: brasier.francoise@epamail.epa.gov

    RIN: 2040-AD82

    3433. CLEAN WATER STATE REVOLVING FUND REGULATION REVISIONS RE: USE AS

    MATCHING FUNDS

    Priority: Substantive, Nonsignificant

    Unfunded Mandates: This action may affect the private sector under PL 104-4.

    Legal Authority: 33 USC 1383(h)

    CFR Citation: 40 CFR 35.3125(b)(1)

    Legal Deadline: None

    Abstract: This regulation would revise the Clean Water State Revolving

    Fund (CWSRF) Regulations to allow the use of loans from the non-Federal and non-State match share of CWSRF funds as a match for infrastructure grants. In 1990, EPA issued regulations implementing the CWSRF program, established as Title VI of the Clean Water Act (CWA) in 1987. Section 603(h) of the CWA prohibits use of the CWSRF loan as matching funds with respect to the non-Federal share of the cost of a treatment works project for which a municipality or agency is receiving assistance from the Administrator under any other authority. From FY 1995 onward,

    Congress has authorized and appropriated funds for infrastructure construction grants in various Appropriations Acts. There are currently projects totaling over $4 billion dollars. EPA has been asked to allow

    CWSRF funds to be used as a match for these grants; but 40 CFR 35.3125(b)(1) prohibits such action. The prohibition on the use of

    CWSRF as a match for a Title II construction grant would continue.

    Page 38311

    Timetable:

    Action

    Date

    FR Cite

    Direct Final Action

    To Be

    Determined

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: Federal, Local, State, Tribal

    Additional Information: SAN 4493.

    Agency Contact: Gary Hudiburgh, Environmental Protection Agency, Water,

    EN-336, 4204M, Washington, DC 20460

    Phone: 202-564-0626

    Email: hudiburgh.gary@epamail.epa.gov

    RIN: 2040-AD68

    3434. REGULATIONS FOR GRAY AND BLACK WATER DISCHARGES FROM CRUISE SHIPS

    OPERATING IN CERTAIN ALASKAN WATERS

    Priority: Substantive, Nonsignificant

    Legal Authority: PL 106-554, sec 1404-1407

    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 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: 202-566-1264

    Fax: 202 566-1546

    Email: redford.david@epamail.epa.gov

    RIN: 2040-AD89

    Environmental Protection Agency (EPA)

    Completed Actions

    Clean Water Act (CWA)

    3435. EFFLUENT GUIDELINES AND STANDARDS FOR THE CENTRALIZED WASTE

    TREATMENT POINT SOURCE CATEGORY (REVISION)

    Priority: Substantive, Nonsignificant

    CFR Citation: 40 CFR 437

    Completed:

    Reason

    Date

    FR Cite

    Final Action

    12/22/03

    68 FR 71014

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: Federal, Local, State

    Agency Contact: Elwood Forsht

    Phone: 202-566-1025

    Fax: 202 566-1053

    Email: forsht.elwood@epamail.epa.gov

    RIN: 2040-AD95

    3436. WATER QUALITY STANDARDS FOR ALABAMA--PHASE II

    Priority: Substantive, Nonsignificant

    CFR Citation: 40 CFR 131

    Completed:

    Reason

    Date

    FR Cite

    Withdrawn

    05/01/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: Federal, State

    Agency Contact: Fritz Wagner

    Phone: 404 562-9267

    Email: wagner.fritz@epa.gov

    Jim Keating

    Phone: 202-566-0383

    Fax: 202 566-0409

    Email: keating.jim@epamail.epa.gov

    RIN: 2040-AD35

    3437. ROUND 2 STANDARDS FOR THE USE OR DISPOSAL OF SEWAGE SLUDGE

    Priority: Other Significant

    CFR Citation: 40 CFR 503 (Revisions)

    Completed:

    Reason

    Date

    FR Cite

    Final Action

    10/24/03

    68 FR 61083

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: Federal, State, Local, Tribal

    Agency Contact: Alan Rubin

    Phone: 202-566-1125

    Fax: 202-566-1139

    Email: rubin.alan@epamail.epa.gov

    Robert Cantilli

    Phone: 202-566-1091

    Fax: 202 566-1140

    Email: cantilli.robert@epamail.epa.gov

    RIN: 2040-AC25

    Page 38312

    3438. MODIFICATION TO COMPETITIVE PROCESS USED BY EPA FOR WETLAND

    PROGRAM DEVELOPMENT GRANTS

    Priority: Substantive, Nonsignificant

    CFR Citation: 40 CFR 35.613; 40 CFR 35.382

    Completed:

    Reason

    Date

    FR Cite

    Final Action

    02/10/04

    69 FR 6284

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: Federal, Local, State

    Agency Contact: Connie Cahanap

    Phone: 202 566-1382

    Fax: 202 566-1349

    Email: cahanap.concepcion@epa.gov

    Donna An

    Phone: 202-566-1384

    Fax: 202 566-1349

    Email: an.donna@epamail.epa.gov

    RIN: 2040-AD83

    3439. SEWAGE SLUDGE ROUND I (COMPLETION OF A SECTION 610 REVIEW)

    Priority: Info./Admin./Other

    Legal Authority: Section 405(d)``and (e) of the Clean Water Act''; 33

    USC 1345(d)``and (e) as amended''; 5 USC 610

    CFR Citation: 40 CFR 503

    Legal Deadline: None

    Abstract: On February 19, 1993 (58 FR 9248), EPA promulgated Standards for the Use or Disposal of Sewage Sludge for the three major sewage sludge management practices of land application, surface disposal, and incineration. The Part 503 Standards impose sewage sludge quality requirements on sewage sludge preparers and management practices on land appliers of sewage sludge. The Standards also have monitoring, recordkeeping, and reporting requirements. Small entities are subject to these standards. Small entities are defined as wastewater treatment plants that treat domestic sewage with wastewater flow capacities of less than one million gallons per day (MGD), septage pumpers and haulers, and sewage sludge preparers and treaters that process and subsequently use/dispose of less than 290 dry metric tons of sewage sludge per year. On August 4, 1999 (64 FR 42551) the Part 503 standards were amended. One of the amendments allowed the permitting authority, at their discretion, to reduce the frequency of monitoring requirements for all wastewater treatment plants including small entities. EPA performed a Regulatory Flexibility Analysis when the Standards were promulgated in 1993 which indicated that the Rule could have a significant impact on a substantial number of small entities. EPA then used this analysis to develop the rule in a way that mitigated small entity impact to the extent possible while still fulfilling the Clean

    Water Act's Section 405(d) mandate to protect public health and the environment with an adequate margin of safety. EPA initiated a review of the rule under Section 610 of the Regulatory Flexibility Act to determine if the rule should be continued without change, or should be amended or rescinded, to minimize adverse economic impacts on small entities. EPA would have considered, and solicited comments, on the following factors: (1) The continued need for the rule; (2) The nature of complaints or comments received concerning the rule; (3) The complexity of the rule; (4) The extent to which the rule overlaps, duplicates, or conflicts with other Federal, State, or local government rules; and (5) The degree to which technology, economic conditions, or other factors have changed in the area affected by the rule. Comments should be submitted to the Agency Contact listed below. Comments must be received 90 days after this Federal Register notice. This action is not a rulemaking--it is a review of an existing rulemaking. Any new rulemaking activity resultingfrom this review will be noticed in future

    Regulatory Agendas.

    In submitting comments, please reference Docket ID number OW-2003-0016, and follow the instructions provided in Unit G. of the preamble to the

    Spring Regulatory Agenda.

    Timetable:

    Action

    Date

    FR Cite

    Final Action 1

    02/19/93

    58 FR 9248

    Begin Review

    05/01/03

    End Review

    05/20/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Additional Information: SAN 4792.

    Agency Contact: Alan Rubin, Environmental Protection Agency, Water, 4304T, Washington, DC 20460

    Phone: 202-566-1125

    Fax: 202-566-1139

    Email: rubin.alan@epamail.epa.gov

    Robert Cantilli, Environmental Protection Agency, Water, EN-336, 4304T,

    Washington, DC 20460

    Phone: 202-566-1091

    Fax: 202 566-1140

    Email: cantilli.robert@epamail.epa.gov

    RIN: 2040-AD96

    3440. SLUDGE: AGENCY RESPONSE TO THE NATIONAL RESEARCH COUNCIL REPORT ON

    BIOSOLIDS APPLIED TO LAND AND THE RESULTS OF EPA'S REVIEW OF EXISTING

    SEWAGE SLUDGE REGULATIONS

    Priority: Substantive, Nonsignificant

    CFR Citation: 40 CFR 503

    Completed:

    Reason

    Date

    FR Cite

    Final Strategy

    12/31/03

    68 FR 75531

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Agency Contact: Robert Cantilli

    Phone: 202-566-1091

    Fax: 202 566-1140

    Email: cantilli.robert@epamail.epa.gov

    Alan Rubin

    Phone: 202-566-1125

    Fax: 202-566-1139

    Email: rubin.alan@epamail.epa.gov

    RIN: 2040-AE59

    Page 38313

    Environmental Protection Agency (EPA)

    Proposed Rule Stage

    Safe Drinking Water Act (SDWA)

    3441. NATIONAL PRIMARY DRINKING WATER REGULATIONS: ALDICARB

    Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined.

    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

    Government Levels Affected: Federal, State, Local, Tribal

    Federalism: Undetermined

    Additional Information: SAN 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

    3442. 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: Other, Statutory, August 6, 2004, This statute (SDWA) requires EPA to publish a list. SDWA does not require a regulation.

    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 analytes to permit a second round of monitoring;,and to approve the analytical methods needed to perform this monitoring.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    09/00/04

    Final Action

    09/00/05

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: Governmental Jurisdictions

    Government Levels Affected: Federal, State, Local, Tribal

    Additional Information: SAN 4770.

    Agency Contact: Dave Munch, Environmental Protection Agency, Water, MS 140, Washington, DC 20460

    Phone: 513-569-7843

    Fax: 513 569-7191

    Email: munch.dave@epamail.epa.gov

    Dan Hautman, Environmental Protection Agency, Water, MS 140,

    Washington, DC 20460

    Phone: 513-569-7274

    Fax: 513 569-7191

    Email: hautman.dan@epamail.epa.gov

    RIN: 2040-AD93

    3443. NATIONAL PRIMARY DRINKING WATER REGULATIONS: ANALYTICAL METHOD FOR

    URANIUM

    Priority: Substantive, Nonsignificant

    Legal Authority: Safe Drinking Water Act, sec. 1412; 42 U.S.C 300f; 42

    U.S.C. 300g-1; 42 U.S.C. 300j-4; 42 U.S.C. 300j-9

    CFR Citation: 40 CFR 141.25

    Legal Deadline: None

    Abstract: EPA plans to promulgate a method for compliance monitoring of uranium that uses an inductively coupled plasma mass spectrometry (ICP-

    MS) technology. This technology has gained wide acceptance over the past decade, and should reduce costs for analyzing for uranium and provide a greater level of accuracy. States, laboratories and water systems have asked the Agency to approve this analytical method.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    06/02/04

    69 FR 31068

    NPRM Comment Period End

    07/02/04

    Direct Final Action

    06/02/04

    69 FR 31008

    Direct Final Rule Effective

    08/31/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Additional Information: SAN 4826.

    Agency Contact: Lisa Christ, Environmental Protection Agency, Water, 1200 Pennsylvania Ave, Washington, DC 20460

    Phone: 202-564-8354

    Email: christ.lisa@epamail.epa.gov

    RIN: 2040-AE62

    Page 38314

    Environmental Protection Agency (EPA)

    Final Rule Stage

    Safe Drinking Water Act (SDWA)

    3444. NATIONAL PRIMARY DRINKING WATER REGULATIONS: GROUNDWATER RULE

    Priority: Economically Significant. Major under 5 USC 801.

    Unfunded Mandates: This action may affect the private sector under PL 104-4.

    Legal Authority: 42 USC 300 g-1``SDWA 1412 (b)(8)'';; 42 USC 300j-4

    ``SDWA 1445''

    CFR Citation: 40 CFR 141; 40 CFR 142

    Legal Deadline: Other, Statutory, Not later than promulgation of the

    Stage 2 Disinfection Byproducts Rule (currently scheduled for October 2004).

    Abstract: EPA has proposed a targeted risk-based regulatory strategy for all public water systems served by groundwater. The proposed requirements provide a meaningful opportunity to reduce public health risk for a significant number of people served by groundwater sources from the exposure to waterborne pathogens from fecal contamination. The proposed strategy addresses risks through a multiple-barrier approach that relies on five major components: periodic sanitary surveys of groundwater systems requiring the evaluation of eight elements and the identification of significant deficiencies; hydrogeologic assessments to identify wells sensitive to fecal contamination source water monitoring for systems drawing from sensitive wells without treatment or with other indications of risk; a requirement for correction of significant deficiencies and fecal contamination through the following actions: eliminate the source of contamination, correct the significant deficiency, provide an alternative sourcewater, or provide a treatment which achieves at least 99.99 percent (4-log) inactivation or removal of viruses, and compliance monitoring to insure disinfection treatment is reliably operated where it is used.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    05/10/00

    65 FR 30194

    Final Action

    12/00/04

    Regulatory Flexibility Analysis Required: Yes

    Small Entities Affected: Businesses

    Government Levels Affected: Federal, Local, State, Tribal

    Additional Information: SAN 2340. Statutory deadline for final rule:

    After August 6, 1999, but not later than the Administrator promulgates a Stage II rulemaking for disinfection byproducts (currently scheduled for October 2004).

    Sectors Affected: 22131 Water Supply and Irrigation Systems

    Agency Contact: Crystal Rodgers, Environmental Protection Agency,

    Water, 4607M, Washington, DC 20460

    Phone: 202-564-5275

    Fax: 202 564-3767

    Email: rodgers.crystal@epamail.epa.gov

    Tracy Bone, Environmental Protection Agency, Water, 4607M, Washington,

    DC 20460

    Phone: 202-564-5257

    Fax: 202 564-3767

    Email: bone.tracy@epamail.epa.gov

    RIN: 2040-AA97

    3445. NATIONAL PRIMARY DRINKING WATER REGULATIONS: MINOR CORRECTIONS AND

    CLARIFICATION TO DRINKING WATER REGULATIONS

    Priority: Substantive, Nonsignificant

    Legal Authority: SDWA 1412

    CFR Citation: 40 CFR 140 and 141

    Legal Deadline: None

    Abstract: This rule is intended to make minor changes to clarify and correct Drinking Water regulations. Typographical errors and inadvertent omissions will be corrected in the final Long Term 1

    Enhanced Surface Water Treatment Final Rule. Additional technical corrections for other drinking water regulations have been added during the rule development process.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    03/02/04

    69 FR 9781

    Final Action

    07/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: Businesses

    Government Levels Affected: None

    Additional Information: SAN 4795.

    Agency Contact: Tracy Bone, Environmental Protection Agency, Water, 4607M, Washington, DC 20460

    Phone: 202-564-5257

    Fax: 202 564-3767

    Email: bone.tracy@epamail.epa.gov

    RIN: 2040-AE58

    Environmental Protection Agency (EPA)

    Long-Term Actions

    Safe Drinking Water Act (SDWA)

    3446. 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. 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. EPA proposed regulations for radon which provide flexibility in how to manage the health risks from radon in drinking water. The proposal was based on the unique framework in the 1996 SDWA. The proposed regulation would provide for either a maximum contaminant level (MCL), or an alternative maximum contaminant level (AMCL) with a multimedia mitigation (MMM) program to address radon in indoor air. Under

    Page 38315

    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. Systems would also be able to develop a State approved MMM program in the absence of a State program.

    Timetable:

    Action

    Date

    FR Cite

    ANPRM

    09/30/86

    51 FR 34836

    NPRM

    07/18/91

    56 FR 33050

    Notice

    02/26/99

    64 FR 9560

    NPRM

    11/02/99

    64 FR 59246

    Final Action

    12/00/05

    Regulatory Flexibility Analysis Required: Yes

    Small Entities Affected: Businesses

    Government Levels Affected: Federal, Local, State, Tribal

    Federalism: This action may have federalism implications as defined in

    EO 13132.

    Additional Information: SAN 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

    Richard Reding, Environmental Protection Agency, Water, 4303T,

    Washington, DC 20460

    Phone: 202-564-4656

    Fax: 202 566-1053

    Email: reding.richard@epa.gov

    RIN: 2040-AA94

    3447. NATIONAL PRIMARY DRINKING WATER REGULATIONS: LONG TERM 2 ENHANCED

    SURFACE WATER TREATMENT RULE

    Priority: Economically Significant. Major under 5 USC 801.

    Unfunded Mandates: This action may affect State, local or tribal governments and the private sector.

    Legal Authority: 42 USC 300f; 42 USC 300g-1; 42 USC 300g-2; 42 USC 300g-3; 42 USC 300g-4; 42 USC 300g-5; 42 USC 300g-6; 42 USC 300j-4; 42

    USC 300j-9; 42 USC 300j-11

    CFR Citation: 40 CFR 141 to 142; 40 CFR 9

    Legal Deadline: None

    Abstract: The Long Term 2 Enhanced Surface Water Treatment Rule

    (LT2ESWTR) will control risk from microbial pathogens, specifically cryptosporidium, in drinking water. It is being developed simultaneously with the Stage 2 Disinfectants and Disinfection

    Byproducts Rule (DBPR) which will address risk caused by the use of disinfectants in drinking water. This rule could affect all public water systems that use surface water as a source. Promulgating the

    LT2ESWTR and the Stage 2 DBPR as a paired rulemaking is necessary to ensure that adequate protection from microbial risk is maintained while

    EPA manages risk from disinfection byproducts. In developing the

    LT2ESWTR, EPA has analyzed a significant body of new survey data on microbial pathogens in source and finished waters, as well as data on parameters which could serve as indicators of microbial risk. This survey data, which was collected under the Information Collection Rule

    (ICR), Supplemental Surveys to the ICR, and additional research projects, has provided a substantially more comprehensive and complete picture of the occurrence of waterborne pathogens than was available previously. EPA has also used significant new data on the efficiency of treatment processes for the removal and inactivation of microorganisms, as well as new information on the pathogenicity of certain microbes, to determine effective regulatory requirements for controlling microbial risk. On March 30, 1999 EPA established a committee of stakeholders under the Federal Advisory Committee Act (FACA) to assist in the development of these rules; an agreement in principle was signed in

    September 2000 outlining the proposed rule options.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    08/11/03

    68 FR 47639

    Final Action

    07/00/05

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: Businesses

    Government Levels Affected: Federal, Local, State, Tribal

    Federalism: This action may have federalism implications as defined in

    EO 13132.

    Additional Information: SAN 4341.

    Sectors Affected: 22131 Water Supply and Irrigation Systems

    Agency Contact: Dan Schmelling, Environmental Protection Agency, Water, 4607, Washington, DC 20460

    Phone: 202-564-5281

    Fax: 202 564-3767

    Email: schmelling.dan@epamail.epa.gov

    Thomas Grubbs, Environmental Protection Agency, Water, 4607M, 4607,

    Washington, DC 20460

    Phone: 202-564-5262

    Fax: 202 564-3767

    Email: grubbs.thomas@epamail.epa.gov

    RIN: 2040-AD37

    3448. NATIONAL PRIMARY DRINKING WATER REGULATIONS: STAGE 2 DISINFECTION

    BYPRODUCTS RULE

    Priority: Economically Significant

    Unfunded Mandates: This action may affect State, local or tribal governments and the private sector.

    Legal Authority: 42 USC 300f; 42 USC 300g-2; 42 USC 300g-3; 42 USC 300g-4; 42 USC 300g-5; 42 USC 300g-6; 42 USC 300j-4; 42 USC 300j-9; 42

    USC 300j-11

    CFR Citation: 40 CFR 141 to 142; 40 CFR 9

    Legal Deadline: Final, Statutory, July 14, 2003.

    Abstract: This Regulation, along with a Long Term 2 Enhanced Surface

    Water Treatment Rule (LT2ESWTR) that will be promulgated simultaneously, is intended to expand existing public health protections and address concerns about risk trade-offs between pathogens and disinfection byproducts. This rule could affect all public water systems that add a disinfectant to the drinking water during any part of the treatment process although the impacts may be limited to community water systems (CWSs) and non-transient non- community water systems (NTNCWSs). Promulgating the LT2ESWTR and the

    Stage 2 DBPR as a paired rulemaking is necessary to ensure that adequate protection from microbial risk is maintained while EPA manages risk from disinfection byproducts. In developing the Stage 2 DBPR, EPA analyzed a significant body of new survey data on source water quality parameters, treatment data and disinfection byproduct occurrence. This survey data, which was collected under the Information Collection Rule

    (ICR),

    Page 38316

    Supplemental Surveys to the ICR, and additional research projects, provide a substantially more comprehensive and complete picture of the occurrence of DBPs and microbiological pathogens than was available previously. EPA also used new information on the health effects of exposure to DBPs to determine effective regulatory requirements for controlling risk. On March 30, 1999, EPA reconvened a committee of stakeholders under the Federal Advisory Committee Act (FACA) to assist in the developmentof these rules; an Agreement in Principle was signed in September 2000 outlining the proposed rule options.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    08/18/03

    68 FR 49548

    Final Action

    07/00/05

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: Businesses

    Government Levels Affected: Federal, Local, State, Tribal

    Federalism: This action may have federalism implications as defined in

    EO 13132.

    Additional Information: SAN 4342.

    Sectors Affected: 22131 Water Supply and Irrigation Systems

    Agency Contact: Tom Grubbs, Environmental Protection Agency, Water, 4607, Washington, DC 20460

    Phone: 202 564-5262

    Fax: 202 564-3767

    Email: grubbs.thomas@epa.gov

    Stig Regli, Environmental Protection Agency, Water, 4607M, 4607,

    Washington, DC 20460

    Phone: 202-564-5270

    Fax: 202 564-3767

    Email: regli.stig@epamail.epa.gov

    RIN: 2040-AD38

    3449. 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 groundwater 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 consider MTBE as well as a number ofother contaminants, is anticipated for August 2005. To meet this schedule, management briefings and preliminary decisions on these unregulated contaminants will be scheduled for fall of 2004.

    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 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

    3450. 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 the July 18, 2003 Federal Register (68 FR 42907)(Notice of

    Intent to revise the TCR). EPA intends revisions to the TCR to maintain or provide for greater human health protection than under the existing

    TCR while improving system efficiency. A Federal Advisory Committee recommended that EPA, as part of the TCR 6-year review process,

    ``initiate a process for addressing cross-connection control and backflow prevention requirements and consider additional distribution system requirements related to significant health risks.``The original

    TCR, promulgated in 1989, protects human health by requiring microbial monitoring in drinking water distribution systems. The TCR does not include distribution system corrective or protective requirements to reduce contamination from coliforms and other contaminants. Since then,

    EPA has gained a better understanding of distribution system impacts on human health and, therefore, intends tostrengthen 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, stakeholder meetings, and proposed and final rules.

    Timetable:

    Action

    Date

    FR Cite

    NPRM

    06/00/06

    Final Action

    06/00/08

    Regulatory Flexibility Analysis Required: Yes

    Small Entities Affected: Businesses

    Government Levels Affected: Federal, Local, State, Tribal

    Page 38317

    Federalism: Undetermined

    Additional Information: SAN 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

    3451. DRINKING WATER CONTAMINANT CANDIDATE LIST 3

    Priority: Substantive, Nonsignificant

    Legal Authority: 42 USC 300g-1(b)

    CFR Citation: 00 CFR None

    Legal Deadline: Other, Statutory, February 6, 2008, The 1996 SDWA

    Amendments require EPA to publish the third list of candidate contaminants by February 2008. Not a rulemaking.

    Abstract: The Safe Drinking Water Act (SDWA) as amended in 1996 requires EPA to publish a list every 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 will supplement the

    CCL List 2 and, if appropriate, we will 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 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.yvette@epamail.epa.gov

    RIN: 2040-AD99

    3452. 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.

    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 4236.

    Agency Contact: Mario Salazar, Environmental Protection Agency, Water, 4606M, Washington, DC 20460

    Phone: 202-564-3894

    Fax: 202 564-3756

    Email: salazar.mario@epamail.epa.gov

    Bruce Kobelski, Environmental Protection Agency, Water, 4606M,

    Washington, DC 20460

    Phone: 202-564-3888

    Fax: 202 564-3756

    Email: kobelski.bruce@epamail.epa.gov

    RIN: 2040-AD40

    3453. 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 U.S.C. 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 systems (PWSs). The first Contaminant Candidate List (CCL), was published in the Federal

    Register on March 2, 1998 (63 FR 10247). The second CCL will be published in 2004. In addition to publishing the drinking water CCL, the SDWA also requires the Agencyto select five or more contaminants from the second CCL and determine, by August 2006, whether to regulate these contaminants with a National Primary Drinking Water Regulation

    (NPDWR). In order to make a determination of

    Page 38318

    whether or not 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

    08/00/05

    Final Notice

    08/00/06

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Additional Information: SAN 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

    3454. DRINKING WATER CONTAMINANT CANDIDATE LIST 2

    Priority: Substantive, Nonsignificant

    Legal Authority: 42 USC 300f et seq``SDWA1412(b)(1)(B)''

    CFR Citation: None

    Legal Deadline: Other, Statutory, February 6, 2003, Not a rule.

    Abstract: The Safe Drinking Water Act (SDWA), as amended in 1996, requires the EPA to publish a list of contaminants which, at the time of publication, are not subject to any proposed or promulgated national primary drinking water regulations (NPDWRs), that are known or anticipated to occur in public water systems, and which may require regulations under SDWA (section 1412(b)(1)). SDWA, as amended, specifies that EPA must publish the first list of drinking water contaminants no later than 18 months after the date of enactment, i.e., by February, 1998 (henceforth referred to as the 1998 Contaminant

    Candidate List or the 1998 CCL), and every five years thereafter. The

    CCL2 Federal Register notice announces EPA's decision to carryover the 1998 CCL as the draft CCL2 (minus the nine contaminants addressed under the 2003 regulatory determination), provides information on EPA's efforts to expand and strengthen the underlying CCL listing process to be used for future listings, and requests comment onCCL-related activities to improve the drinking water contaminant listing process.

    Timetable:

    Action

    Date

    FR Cite

    Preliminary Notice

    04/02/04

    69 FR 17406

    Final Notice

    10/00/04

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: None

    Additional Information: SAN 4703.

    Agency Contact: Daniel Olson, Environmental Protection Agency, 4607M,

    Washington, DC 20460

    Phone: 202 564-5239

    Fax: 202 564-3760

    Email: olson.daniel@epamail.epa.gov

    Jitendra Saxena, Environmental Protection Agency, 4607M, Washington, DC 20460

    Phone: 202 564-5243

    Fax: 202 564-3760

    Email: saxena.jitendra@epamail.epa.gov

    RIN: 2060-AD86

    Environmental Protection Agency (EPA)

    Completed Actions

    Safe Drinking Water Act (SDWA)

    3455. NATIONAL PRIMARY AND SECONDARY DRINKING WATER REGULATIONS:

    APPROVAL OF ADDITIONAL METHOD FOR THE DETECTION OF COLIFORMS AND E.

    COLI. IN DRINKING WATER

    Priority: Substantive, Nonsignificant

    CFR Citation: 40 CFR 141.21

    Completed:

    Reason

    Date

    FR Cite

    Final Action

    02/13/04

    69 FR 7155

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: No

    Government Levels Affected: State, Local, Tribal

    Agency Contact: Herb Brass

    Phone: 513-569-7936

    Fax: 513 569-7191

    Email: brass.herb@epamail.epa.gov

    James Sinclair

    Phone: 513-569-7970

    Fax: 513 569-7191

    Email: sinclair.james@epamail.epa.gov

    RIN: 2040-AD90

    Page 38319

    Environmental Protection Agency (EPA)

    Long-Term Actions

    Shore Protection Act (SPA)

    3456. 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 toprevent, 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

    08/00/05

    Regulatory Flexibility Analysis Required: No

    Small Entities Affected: Businesses

    Government Levels Affected: Federal, Local

    Additional Information: SAN 2820.

    Agency Contact: Steven Giordano, Environmental Protection Agency,

    Water, 4504T, Washington, DC 20460

    Phone: 202-566-1272

    Fax: 202-566-1546

    Email: giordano.steven@epamail.epa.gov

    James Woodley, Environmental Protection Agency, Water, 4504T, 4504T,

    Washington, DC 20460

    Phone: 202-566-1288

    Fax: 202 566-1546

    Email: woodley.james@epamail.epa.gov

    RIN: 2040-AB85

    FR Doc. 04-13235 Filed 06-25-04; 8:45 am

    BILLING CODE 6560-50-S