Vol. 80 Tuesday, 

No. 240 December 15, 2015 

Part XVII 

Environmental Protection Agency 

Semiannual Regulatory Agenda 


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78024 Federal Register / Vol. 80, No. 240 / Tuesday, December 15, 2015 / Unified Agenda 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Ch. I 

[EPA–HQ–OW–2015–0541; FRL 9934–65– 

OP] 

Fall 2015 Regulatory Agenda 

AGENCY: Environmental Protection 

Agency. 

ACTION: Semiannual regulatory 

flexibility agenda and semiannual 

regulatory agenda. 

SUMMARY: The Environmental Protection 

Agency (EPA) publishes the semiannual 

regulatory agenda online (the e-Agenda) 

at http://www.reginfo.gov and at 

www.regulations.gov to update the 

public about: 

• Regulations currently under 

development, 

• Reviews of existing regulations, and 

• Rules completed or canceled since 

the last agenda. 

Definitions 

‘‘E-Agenda,’’ ‘‘online regulatory 

agenda,’’ and ‘‘semiannual regulatory 

agenda’’ all refer to the same 

comprehensive collection of 

information that, until 2007, was 

published in the Federal Register but 

now is only available through an online 

database. 

‘‘Regulatory Flexibility Agenda’’ 

refers to a document that contains 

information about regulations that may 

have a significant impact on a 

substantial number of small entities. We 

continue to publish it in the Federal 

Register because it is required by the 

Regulatory Flexibility Act of 1980. 

‘‘Unified Regulatory Agenda’’ refers to 

the collection of all agencies’ agendas 

with an introduction prepared by the 

Regulatory Information Service Center 

facilitated by the General Service 

Administration. 

‘‘Regulatory Agenda Preamble’’ refers 

to the document you are reading now. 

It appears as part of the Regulatory 

Flexibility Agenda and introduces both 

the Regulatory Flexibility Agenda and 

the e-Agenda. 

‘‘Regulatory Development and 

Retrospective Review Tracker’’ refers to 

an online portal to EPA’s priority rules 

and retrospective reviews of existing 

regulations. More information about the 

Regulatory Development and 

Retrospective Review Tracker appears 

in section H of this preamble. 

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 the semiannual 

regulatory agenda, please contact: Caryn 

Muellerleile (muellerleile.caryn@

epa.gov; 202–564–2855). 

Table of Contents 

A. Links to EPA’s Regulatory Information 

B. What key statutes and executive orders 

guide EPA’s rule and policymaking 

process? 

C. How can you be involved in EPA’s rule 

and policymaking process? 

D. What actions are included in the EAgenda and the Regulatory Agenda? 

E. How is the E-Agenda organized? 

F. What Information is in the Regulatory 

Flexibility Agenda and the E-Agenda? 

G. How can you find out about 

rulemakings that start up after the 

Regulatory Agenda is signed? 

H. What tools are available for mining 

regulatory agenda data and for finding 

more about EPA rules and policies? 

I. Reviews of Rules With Significant 

Impacts on a Substantial Number of 

Small Entities 

J. What other special attention does EPA 

give to the impacts of rules on small 

businesses, small governments, and 

small nonprofit organizations? 

K. Thank You for Collaborating With Us 

SUPPLEMENTARY INFORMATION: 

A. Links to EPA’s Regulatory 

Information 

• Semiannual Regulatory Agenda: 

www.reginfo.gov/ and 

www.regulations.gov. 

• Semiannual Regulatory Flexibility 

Agenda: http://www.gpo.gov/fdsys/

search/home.action. 

• Regulatory Development and 

Retrospective Review Tracker: 

www.epa.gov/regdarrt/. 

B. What key statutes and executive 

orders guide EPA’s rule and 

policymaking process? 

A number of environmental laws 

authorize EPA’s actions, including but 

not limited to: 

• Clean Air Act (CAA), 

• Clean Water Act (CWA), 

• Comprehensive Environmental 

Response, Compensation, and Liability 

Act (CERCLA, or Superfund), 

• Emergency Planning and 

Community Right-to-Know Act 

(EPCRA), 

• Federal Insecticide, Fungicide, and 

Rodenticide Act (FIFRA), 

• Resource Conservation and 

Recovery Act (RCRA), 

• Safe Drinking Water Act (SDWA), 

and 

• Toxic Substances Control Act 

(TSCA). 

Not only must EPA comply with 

environmental laws, but also 

administrative legal requirements that 

apply to the issuance of regulations, 

such as: the Administrative Procedure 

Act (APA), the Regulatory Flexibility 

Act (RFA) as amended by the Small 

Business Regulatory Enforcement 

Fairness Act (SBREFA), the Unfunded 

Mandates Reform Act (UMRA), the 

Paperwork Reduction Act (PRA), the 

National Technology Transfer and 

Advancement Act (NTTAA), and the 

Congressional Review Act (CRA). 

EPA also meets a number of 

requirements contained in numerous 

Executive Orders: 12866, ‘‘Regulatory 

Planning and Review’’ (58 FR 51735, 

Oct. 4, 1993), as supplemented by 

Executive Order 13563, ‘‘Improving 

Regulation and Regulatory Review’’ (76 

FR 3821, Jan. 21, 2011); 12898, 

‘‘Environmental Justice’’ (59 FR 7629, 

Feb. 16, 1994); 13045, ‘‘Children’s 

Health Protection’’ (62 FR 19885, Apr. 

23, 1997); 13132, ‘‘Federalism’’ (64 FR 

43255, Aug. 10, 1999); 13175, 

‘‘Consultation and Coordination with 

Indian Tribal Governments’’ (65 FR 

67249, Nov. 9, 2000); 13211, ‘‘Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001). 

In addition to meeting its mission 

goals and priorities, EPA reviews its 

existing regulations under Executive 

Order 13563, ‘‘Improving Regulation 

and Regulatory Review.’’ This Executive 

order provides for periodic retrospective 

review of existing regulations and is 

intended to determine whether any such 

regulations should be modified, 

streamlined, expanded, or repealed, so 

as to make the Agency’s regulatory 

program more effective or less 

burdensome in achieving its regulatory 

objectives. 

C. 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. EPA 

encourages you to participate as early in 

the process as possible. You may also 

participate by commenting on proposed 

rules published in the Federal Register 

(FR). 

Instructions on how to submit your 

comments are provided in each Notice 

of Proposed Rulemaking (NPRM). To be 

most effective, comments should 

contain information and data that 

support your position and you also 

should explain why EPA should 

incorporate your suggestion in the rule 

or other type of action. You can be 

particularly helpful and persuasive if 

you provide examples to illustrate your 

concerns and offer specific alternatives. 

EPA believes its actions will be more 

cost effective and protective if the 


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development process includes 

stakeholders working with us to help 

identify the most practical and effective 

solutions to problems. EPA encourages 

you to become involved in its rule and 

policymaking process. For more 

information about public involvement 

in EPA activities, please visit 

www2.epa.gov/open. 

D. What actions are included in the EAgenda and the Regulatory Flexibility 

Agenda? 

EPA includes regulations in the eAgenda. However, there is no legal 

significance to the omission of an item 

from the agenda, and EPA generally 

does not include the following 

categories of actions: 

• Administrative actions such as 

delegations of authority, changes of 

address, or phone numbers; 

• Under the CAA: Revisions to State 

implementation plans; equivalent 

methods for ambient air quality 

monitoring; deletions from the new 

source performance standards source 

categories list; delegations of authority 

to States; area designations for air 

quality planning purposes; 

• Under FIFRA: Registration-related 

decisions, actions affecting the status of 

currently registered pesticides, and data 

call-ins; 

• Under the Federal Food, Drug, and 

Cosmetic Act: Actions regarding 

pesticide tolerances and food additive 

regulations; 

• Under RCRA: Authorization of State 

solid waste management plans; 

hazardous waste delisting petitions; 

• Under the CWA: State Water 

Quality Standards; deletions from the 

section 307(a) list of toxic pollutants; 

suspensions of toxic testing 

requirements under the National 

Pollutant Discharge Elimination System 

(NPDES); delegations of NPDES 

authority to States; 

• Under SDWA: Actions on State 

underground injection control 

programs. 

Meanwhile, the Regulatory Flexibility 

Agenda includes: 

• Actions likely to have a significant 

economic impact on a substantial 

number of small entities. 

• Rules the Agency has identified for 

periodic review under section 610 of the 

RFA. 

EPA is initiating one 610 review at 

this time. 

E. How is the E-Agenda organized? 

You can choose how to organize the 

agenda entries online by specifying the 

characteristics of the entries of interest 

in the desired individual data fields for 

both the www.reginfo.gov and 

www.regulations.gov versions of the 

e-Agenda. You can sort based on the 

following characteristics: EPA 

subagency; stage of rulemaking, which 

is explained below; alphabetically by 

title; and by the Regulation Identifier 

Number (RIN), which is assigned 

sequentially when an action is added to 

the agenda. 

Each entry in the Agenda is associated 

with one of five rulemaking stages. The 

rulemaking stages are: 

1. Prerule Stage—This section 

includes EPA actions generally intended 

to determine whether the agency should 

initiate rulemaking. Prerulemakings 

may include anything that influences or 

leads to rulemaking, such as Advance 

Notices of Proposed Rulemaking 

(ANPRMs), studies, or analyses of the 

possible need for regulatory action. 

2. Proposed Rule Stage—This section 

includes EPA rulemaking actions that 

are within a year of proposal 

(publication of Notices of Proposed 

Rulemakings [NPRMs]). 

3. Final Rule Stage—This section 

includes rules that will be issued as a 

final rule within a year. 

4. Long-Term Actions—This section 

includes rulemakings for which the next 

scheduled regulatory action is after 

November 2016. We urge you to explore 

becoming involved even if an action is 

listed in the Long-Term category. 

5. Completed Actions—This section 

contains actions that have been 

promulgated and published in the 

Federal Register since publication of 

the spring 2015 Agenda. It also includes 

actions that EPA is no longer 

considering and has elected to 

‘‘withdraw.’’ EPA also announces the 

results of any RFA section 610 review 

in this section of the agenda. 

F. What information is in the 

Regulatory Flexibility Agenda and the 

E-Agenda? 

The Regulatory Flexibility Agenda 

entries include only the nine categories 

of information that are required by the 

Regulatory Flexibility Act of 1980 and 

by Federal Register Agenda printing 

requirements: Sequence Number, RIN, 

Title, Description, Statutory Authority, 

Section 610 Review, if applicable, 

Regulatory Flexibility Analysis 

Required, Schedule, and Contact 

Person. Note that the electronic version 

of the Agenda (e-Agenda) has more 

extensive information on each of these 

actions. 

E-Agenda entries include: 

Title: A brief description of the 

subject of the regulation. 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 RFA (5 U.S.C. 

610). 

Priority: Entries are placed into one of 

five categories described below. 

a. Economically Significant: Under 

Executive Order 12866, a rulemaking 

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. 

b. 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. 

c. Substantive, Nonsignificant: A 

rulemaking that has substantive impacts 

but is not Significant, Routine and 

Frequent, or Informational/

Administrative/Other. 

d. 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 

Executive Order 12866, then we would 

classify the action as either 

‘‘Economically Significant’’ or ‘‘Other 

Significant.’’ 

e. Informational/Administrative/

Other: An action that is primarily 

informational or pertains to an action 

outside the scope of Executive Order 

12866. 

Major: A rule is ‘‘major’’ under 5 

U.S.C. 801 if it has resulted or is likely 

to result in an annual effect on the 

economy of $100 million or more or 

meets other criteria specified in that 

Act. 

Unfunded Mandates: Whether the 

rule is covered by section 202 of the 

Unfunded Mandates Reform Act (2 

U.S.C. 1501 et seq.). The Act generally 

requires that federal agencies prepare a 

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benefit analysis, for each proposed and 

final rule with ‘‘federal mandates’’ that 

may result in expenditures by State, 

local, and tribal governments, in the 

aggregate, or by the private sector of 

more than $100 million in 1 year. 

Legal Authority: The sections of the 

United States Code (U.S.C.), Public Law 

(Pub. 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 (if 

available) for all past steps and a 

projected date for at least the next step 

for the regulatory action. A date 

displayed in the form 10/00/16 means 

the agency is predicting the month and 

year the action will take place but not 

the day it will occur. For some entries, 

the timetable indicates that the date of 

the next action is ‘‘to be determined.’’ 

Regulatory Flexibility Analysis 

Required: Indicates whether EPA has 

prepared or anticipates that it will be 

preparing a regulatory flexibility 

analysis under section 603 or 604 of the 

RFA. Generally, such an analysis is 

required for proposed or final rules 

subject to the RFA that EPA believes 

may have a significant economic impact 

on a substantial number of small 

entities. 

Small Entities Affected: Indicates 

whether the rule is anticipated to have 

any effect on small businesses, small 

governments, or small nonprofit 

organizations. 

Government Levels Affected: Indicates 

whether the rule may 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. 

Energy Impacts: Indicates whether the 

action is a significant energy action 

under Executive Order 13211. 

Sectors Affected: Indicates the main 

economic sectors regulated by the 

action. The regulated parties are 

identified by their North American 

Industry Classification System (NAICS) 

codes. These codes were created by the 

Census Bureau for collecting, analyzing, 

and publishing statistical data on the 

U.S. economy. There are more than 

1,000 NAICS codes for sectors in 

agriculture, mining, manufacturing, 

services, and public administration. 

International Trade Impacts: Indicates 

whether the action is likely to have 

international trade or investment effects, 

or otherwise be of international interest. 

Agency Contact: The name, address, 

phone number, and email address, if 

available, of a person who is 

knowledgeable about the regulation. 

Additional Information: Other 

information about the action including 

docket information. 

URLs: For some actions, the Internet 

addresses are included for reading 

copies of rulemaking documents, 

submitting comments on proposals, and 

getting more information about the 

rulemaking and the program of which it 

is a part. (Note: To submit comments on 

proposals, you can go to the associated 

electronic docket, which is housed at 

www.regulations.gov. Once there, follow 

the online instructions to access the 

docket in question and submit 

comments. A docket identification [ID] 

number will assist in the search for 

materials.) 

RIN: The Regulation Identifier 

Number is used by OMB to identify and 

track rulemakings. The first four digits 

of the RIN identify the EPA office with 

lead responsibility for developing the 

action. 

G. How can you find out about 

rulemakings that start up after the 

Regulatory Agenda is signed? 

EPA posts monthly information of 

new rulemakings that the Agency’s 

senior managers have decided to 

develop. This list is also distributed via 

email. You can find the current list, 

known as the Action Initiation List 

(AIL), at http://www2.epa.gov/lawsregulations/actions-initiated-month 

where you will also find information 

about how to get an email notification 

when a new list is posted. 

H. What tools are available for mining 

Regulatory Agenda data and for finding 

more about EPA rules and policies? 

1. The http://www.reginfo.gov/ 

Searchable Database 

The Regulatory Information Service 

Center and Office of Information and 

Regulatory Affairs have a Federal 

regulatory dashboard that allows users 

to view the Regulatory Agenda database 

(http://www.reginfo.gov/public/do/

eAgendaMain), which includes search, 

display, and data transmission options. 

2. Subject Matter EPA Web sites 

Some actions listed in the Agenda 

include a URL that provides additional 

information about the action. 

3. Public Dockets 

When EPA publishes either an 

Advance Notice of Proposed 

Rulemaking (ANPRM) or a Notice of 

Proposed Rulemaking (NPRM) in the 

Federal Register, the Agency typically 

establishes a docket to accumulate 

materials throughout the development 

process for that rulemaking. The docket 

serves as the repository for the 

collection of documents or information 

related to a particular Agency action or 

activity. EPA most commonly uses 

dockets for rulemaking actions, but 

dockets may also be used for RFA 

section 610 reviews of rules with 

significant economic impacts on a 

substantial number of small entities and 

for various non-rulemaking activities, 

such as Federal Register documents 

seeking public comments on draft 

guidance, policy statements, 

information collection requests under 

the PRA, and other non-rule activities. 

Docket information should be in that 

action’s agenda entry. All of EPA’s 

public dockets can be located at 

www.regulations.gov. 

4. EPA’s Regulatory Development and 

Retrospective Review Tracker 

EPA’s Regulatory Development and 

Retrospective Review Tracker 

(www.epa.gov/regdarrt/) serves as a 

portal to EPA’s priority rules, providing 

you with earlier and more frequently 

updated information about Agency 

regulations than is provided by the 

Regulatory Agenda. It also provides 

information about retrospective reviews 

of existing regulations. Not all of EPA’s 

Regulatory Agenda entries appear on 

Reg DaRRT; only priority rulemakings 

can be found on this Web site. 

I. Reviews of Rules With Significant 

Impacts on a Substantial Number of 

Small Entities 

Section 610 of the RFA requires that 

an agency review, within 10 years of 

promulgation, each rule that has or will 

have a significant economic impact on 

a substantial number of small entities. 

EPA is initiating one 610 review at this 

time. 


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Review title RIN Docket ID # 

Section 610 Review of National Primary Drinking Water Regulations: Ground Water 

Rule.

2040–AF58 EPA–HQ–OW–2015–0541 

EPA established an official public 

docket for the 610 Review. If you would 

like to provide feedback, submit your 

comments, identified by Docket ID No. 

EPA–HQ–OW–2015–0541, to the 

Federal eRulemaking Portal: http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or withdrawn. The EPA may 

publish any comment received to its 

public docket. Do not submit 

electronically any information you 

consider to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Multimedia submissions (audio, video, 

etc.) must be accompanied by a written 

comment. The written comment is 

considered the official comment and 

should include discussion of all points 

you wish to make. The EPA generally 

will not consider comments or comment 

contents located outside of the primary 

submission (i.e. on the web, cloud, or 

other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/

commenting-epa-dockets. 

J. What other special attention does 

EPA give to the impacts of rules on 

small businesses, small governments, 

and small nonprofit organizations? 

For each of EPA’s rulemakings, 

consideration is given whether there 

will be any adverse impact on any small 

entity. EPA attempts 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 as amended by 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 EPA’s RFA/SBREFA Web site at 

http://www2.epa.gov/reg-flex. 

K. Thank You for Collaborating With 

Us 

Finally, we would like to thank those 

of you who choose to join with us in 

making progress on the complex issues 

involved in protecting human health 

and the environment. Collaborative 

efforts such as EPA’s open rulemaking 

process are a valuable tool for 

addressing the problems we face, and 

the regulatory agenda is an important 

part of that process. 

Dated: September 21, 2015. 

Shannon Kenny, 

Principal Deputy Associate Administrator, 

Office of Policy. 

10—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

365 .................... Oil and Natural Gas Sector: Emission Standards for New and Modified Sources (Reg Plan Seq No. 105) 2060–AS30 

References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register. 

10—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

366 .................... General Permits and Permits by Rule for the Federal Minor New Source Review Program in Indian Country for Six Source Categories.2060–AR98 

367 .................... Greenhouse Gas Emissions and Fuel Efficiency Standards for Medium- and Heavy-Duty Engines and Vehicles—Phase 2 (Reg Plan Seq No. 115).2060–AS16 

References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register. 

10—LONG-TERM ACTIONS

Sequence No. Title Regulation 

Identifier No. 

368 .................... Federal Plan Requirements for Greenhouse Gas Emissions From Electric Utility Generating Units Constructed on or Before January 8, 2014.2060–AS78 

10—COMPLETED ACTIONS

Sequence No. Title Regulation 

Identifier No. 

369 .................... NESHAP for Brick and Structural Clay Products Manufacturing and NESHAP for Clay Ceramics Manufacturing.2060–AP69 


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35—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

370 .................... Formaldehyde Emission Standards for Composite Wood Products (Reg Plan Seq No. 119) ...................... 2070–AJ44 

References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register. 

35—COMPLETED ACTIONS

Sequence No. Title Regulation 

Identifier No. 

371 .................... Formaldehyde Emissions Standards for Composite Wood Products ............................................................. 2070–AJ92 

60—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

372 .................... Financial Responsibility Requirements Under CERCLA Section 108(b) for Classes of Facilities in the Hard 

Rock Mining Industry (Reg Plan Seq No. 111).

2050–AG61 

References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register. 

72—PRERULE STAGE

Sequence No. Title Regulation 

Identifier No. 

373 .................... Section 610 Review of National Primary Drinking Water Regulations: Ground Water Rule (Section 610 

Review).

2040–AF58 

ENVIRONMENTAL PROTECTION 

AGENCY (EPA) 

10 

Proposed Rule Stage 

365. Oil and Natural Gas Sector: 

Emission Standards for New and 

Modified Sources 

Regulatory Plan: This entry is Seq. 

No. 105 in part II of this issue of the 

Federal Register. 

RIN: 2060–AS30 

ENVIRONMENTAL PROTECTION 

AGENCY (EPA) 

10 

Final Rule Stage 

366. General Permits and Permits by 

Rule for the Federal Minor New Source 

Review Program in Indian Country for 

Six Source Categories 

Legal Authority: 42 U.S.C. 7401 et seq. 

Clean Air Act 

Abstract: The Tribal Minor New 

Source Review (NSR) program applies 

to new and modified minor sources and 

minor modifications at major sources of 

air pollution in Indian country. The 

program, established in 2011, is 

implemented through issuance of 

preconstruction permits that can 

include, among other requirements, 

pollutant emission limits for minor 

sources and emission limitations on the 

potential of sources to emit pollution 

that would otherwise be considered 

major sources. This minor source 

program for Indian country is similar to 

State minor NSR programs. State minor 

NSR programs often use general 

permits, and a few State programs allow 

permits by rule as streamlined 

permitting approaches for similar 

emission units or stationary sources. 

This action finalizes general permits 

and permits by rule for certain source 

categories of minor sources wishing to 

locate in Indian country. This action 

finalizes general permits for the 

following five source categories: Boilers, 

spark ignition engines, compression 

ignition engines, concrete batch plants, 

and sawmills. This action finalizes a 

general permit (and a permit by rule in 

the alternative) for graphic arts and 

printing operations. 

Timetable: 

Action Date FR Cite 

NPRM .................. 07/17/14 79 FR 41845 

NPRM Comment 

Period Extended.

08/19/14 79 FR 49031 

Final Rule ............ 01/00/16 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Chris Stoneman, 

Environmental Protection Agency, Air 

and Radiation, C304–01, Research 

Triangle Park, NC 27711, Phone: 919 

541–0823, Fax: 919 541–0072, Email: 

stoneman.chris@epa.gov. 

Mark Sendzik, Environmental 

Protection Agency, Air and Radiation, 

C304–03, Research Triangle Park, NC 

27711, Phone: 919 541–5534, Fax: 919 

541–0942, Email: sendzik.mark@

epa.gov. 

RIN: 2060–AR98 

367. Greenhouse Gas Emissions and 

Fuel Efficiency Standards for Mediumand Heavy-Duty Engines and 

Vehicles—Phase 2 

Regulatory Plan: This entry is Seq. 

No. 115 in part II of this issue of the 

Federal Register. 

RIN: 2060–AS16 


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ENVIRONMENTAL PROTECTION 

AGENCY (EPA) 

10 

Long-Term Actions 

368. • Federal Plan Requirements for 

Greenhouse Gas Emissions From 

Electric Utility Generating Units 

Constructed on or Before January 8, 

2014 

Legal Authority: 42 U.S.C. 7401 et seq. 

Clean Air Act 

Abstract: The EPA is planning to 

finalize Federal plans for Greenhouse 

Gas Emissions from Electric Generating 

Units for States that do not submit plans 

or initial submittals by September 6, 

2016. This plan is part of the President’s 

June 2013 Climate Action Plan to reduce 

carbon emissions from the power sector 

by 30 percent below 2005 levels. This 

Federal plan serves to set in place a plan 

that the EPA can implement for States 

that do not develop a State plan. In a 

separate action, the EPA is finalizing 

model trading rules that the States can 

follow in developing their own plans in 

order to capitalize on the flexibility 

built into the final emission guidelines 

(EGs). The EPA intends to finalize both 

the rate-based and mass-based model 

trading rules in summer 2016. The EPA 

sees this Federal plan as an interim 

measure to ensure that congressionally 

mandated emission standards under 

authority of sections 111 and 129 of the 

Clean Air Act are implemented until 

States assume their role as the preferred 

implementers of the EGs. The EPA will 

finalize a Federal plan for only a given 

State in the event that the State does not 

submit an approvable plan by the 

deadlines specified in the final EGs and 

the EPA takes action finding that the 

State has failed to submit a plan, or 

disapproving a submitted plan because 

it does not meet the requirements of the 

EGs. Indeed, States may simply choose 

to accept a Federal plan for their sources 

rather than undertake the development 

of a plan of their own by not submitting 

a State plan. Under this final rule, a 

Federal plan promulgated for a 

particular State would take the form of 

either the mass-based model trading 

rule or the rate-based model trading 

rule. 

Timetable: 

Action Date FR Cite 

Final Rule ............ To Be Determined 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Toni Jones, 

Environmental Protection Agency, Air 

and Radiation, E143–03, Research 

Triangle Park, NC 27711, Phone: 919 

541–0316, Fax: 919 541–3470, Email: 

jones.toni@epamail.epa.gov. 

Nicholas Swanson, Environmental 

Protection Agency, Air and Radiation, 

E143–03, Research Triangle Park, NC 

27711, Phone: 919 541–4080, Fax: 919 

541–1039, Email: swanson.nicholas@

epa.gov. 

RIN: 2060–AS78 

ENVIRONMENTAL PROTECTION 

AGENCY (EPA) 

10 

Completed Actions 

369. NESHAP for Brick and Structural 

Clay Products Manufacturing and 

NESHAP for Clay Ceramics 

Manufacturing 

Legal Authority: 42 U.S.C. 7401 et seq. 

Clean Air Act 

Abstract: This final rulemaking 

establishes emission limits for 

hazardous air pollutants (hydrogen 

flouride (HF), hydrogen chloride (HCl), 

chlorine (Cl2), particulate matter (PM), 

dioxin/furan, mercury (Hg) and metals) 

emitted from brick and clay ceramics 

kilns, as well as dryers and glazing 

operations at clay ceramics production 

facilities. The brick and structural clay 

products industry primarily includes 

facilities that manufacture brick, clay, 

pipe, roof tile, extruded floor and wall 

tile, and other extruded dimensional 

clay products from clay, shale, or a 

combination of the two. The 

manufacturing of brick and structural 

clay products involves mining, raw 

material processing (crushing, grinding, 

and screening), mixing, forming, cutting 

or shaping, drying, and firing. Ceramics 

are defined as a class of inorganic, 

nonmetallic solids that are subject to 

high temperature in manufacture and/or 

use. The clay ceramics manufacturing 

source category includes facilities that 

manufacture traditional ceramics, which 

include ceramic tile, dinnerware, 

sanitary ware, pottery, and porcelain. 

The primary raw material used in the 

manufacture of these traditional 

ceramics is clay. The manufacturing of 

clay ceramics involves raw material 

processing (crushing, grinding, and 

screening), mixing, forming, shaping, 

drying, glazing, and firing. 

Timetable: 

Action Date FR Cite 

NPRM .................. 12/18/14 79 FR 75621 

NPRM Comment 

Period Extended.

12/31/14 79 FR 78768 

Action Date FR Cite 

Final Rule ............ 10/26/15 80 FR 65469 

Final Rule Effective.12/28/15 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Sharon Nizich, 

Environmental Protection Agency, Air 

and Radiation, D243, Research Triangle 

Park, NC 27711, Phone: 919 541–2825, 

Fax: 919 541–5450, Email: 

nizich.sharon@epamail.epa.gov. 

Keith Barnett, Environmental 

Protection Agency, Air and Radiation, 

D243–04, Research Triangle Park, NC 

27711, Phone: 919 541–5605, Fax: 919 

541–5450, Email: barnett.keith@epa.gov. 

RIN: 2060–AP69 

ENVIRONMENTAL PROTECTION 

AGENCY (EPA) 

35 

Final Rule Stage 

370. Formaldehyde Emission Standards 

for Composite Wood Products 

Regulatory Plan: This entry is Seq. 

No. 119 in part II of this issue of the 

Federal Register. 

RIN: 2070–AJ44 

ENVIRONMENTAL PROTECTION 

AGENCY (EPA) 

35 

Completed Actions 

371. Formaldehyde Emissions 

Standards for Composite Wood 

Products 

Legal Authority: 15 U.S.C. 2697 Toxic 

Substances Control Act 

Abstract: This entry addressed one of 

two rulemakings that have now been 

combined into a single entry under RIN 

2070–AJ44. As noted in the previously 

published Regulatory Agenda entry for 

each rulemaking, EPA has decided to 

issue a single final rule that addresses 

both of the 2013 proposals. Therefore, 

this action is being withdrawn as a 

separate entry because it has been 

combined and is now included under 

the entry entitled ‘‘Formaldehyde 

Emissions Standards for Composite 

Wood Products ’’ (RIN 2070–AJ44). 

Timetable: 

Action Date FR Cite 

NPRM .................. 06/10/13 78 FR 34820 

NPRM Comment 

Period Extended.

07/23/13 78 FR 44089 


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78030 Federal Register / Vol. 80, No. 240 / Tuesday, December 15, 2015 / Unified Agenda 

Action Date FR Cite 

NPRM Comment 

Period Extended.

08/21/13 78 FR 51695 

Notice .................. 04/08/14 79 FR 19305 

NPRM Comment 

Period Extended.

05/09/14 79 FR 26678 

Withdrawn ........... 08/20/15 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Cindy Wheeler, 

Environmental Protection Agency, 

Office of Chemical Safety and Pollution 

Prevention, 7404T, Washington, DC 

20460, Phone: 202 566–0484, Email: 

wheeler.cindy@epa.gov. 

Erik Winchester, Environmental 

Protection Agency, Office of Chemical 

Safety and Pollution Prevention, 7404T, 

Washington, DC 20460, Phone: 202 564– 

6450, Email: winchester.erik@epa.gov. 

RIN: 2070–AJ92 

ENVIRONMENTAL PROTECTION 

AGENCY (EPA) 

60 

Proposed Rule Stage 

372. Financial Responsibility 

Requirements Under CERCLA Section 

108(B) for Classes of Facilities in the 

Hard Rock Mining Industry 

Regulatory Plan: This entry is Seq. 

No. 111 in part II of this issue of the 

Federal Register. 

RIN: 2050–AG61 

ENVIRONMENTAL PROTECTION 

AGENCY (EPA) 

72 

Prerule Stage 

373. • Section 610 Review of National 

Primary Drinking Water Regulations: 

Ground Water Rule (Section 610 

Review) 

Legal Authority: 5 U.S.C. 610 

Abstract: EPA published the Ground 

Water Rule (GWR) in the Federal 

Register on November 8, 2006. The 

purpose of the rule is to provide for 

increased protection against microbial 

pathogens in public water systems that 

use ground water sources. EPA is 

particularly concerned about ground 

water systems that are susceptible to 

fecal contamination since diseasecausing pathogens may be found in fecal 

contamination. The GWR applies to 

public water systems that serve ground 

water. The rule also applies to any 

system that mixes surface and ground 

water if the ground water is added 

directly to the distribution system and 

provided to consumers without 

treatment. This new entry in the 

regulatory agenda announces that EPA 

will review this action in the fall of 

2015 pursuant to section 610 of the 

Regulatory Flexibility Act (5 U.S.C. 

610). As part of this review, EPA solicits 

comments for consideration 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 the technology, economic 

conditions or other factors have changed 

in the area affected by the rule. Submit 

your comments, identified by Docket ID 

No. EPA–HQ–OW–2015–0541 to the 

Federal eRulemaking Portal: http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Timetable: 

Action Date FR Cite 

Final Rule ............ 11/08/06 71 FR 65573 

Begin Review ...... 11/00/15 

End Review ......... 04/00/16 

Regulatory Flexibility Analysis 

Required: No. 

Agency Contact: Crystal Rodgers– 

Jenkins, Environmental Protection 

Agency, Water, 4607M, Washington, DC 

20460, Phone: 202 564–5275, Fax: 202 

564–3767, Email: rodgersjenkins.crystal@epa.gov. 

Stephanie Flaharty, Environmental 

Protection Agency, Water, 4601M, 

Washington, DC 20460, Phone: 202 564– 

5072, Email: flaharty.stephanie@

epa.gov. 

RIN: 2040–AF58 

[FR Doc. 2015–30656 Filed 12–14–15; 8:45 am] 

BILLING CODE 6560–50–P 


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