Vol. 79 Tuesday, 

No. 4 January 7, 2014 

Part XVI 

Environmental Protection Agency 

Semiannual Regulatory Agenda 


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1216 Federal Register / Vol. 79, No. 4 / Tuesday, January 7, 2014 / Unified Agenda 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Ch. I 

[EPA–HQ–OAR–2012–0313, EPA–HQ–OW– 

2012–0813, EPA–HQ–OAR–2013–0642; FRL 

9900–64–OP] 

Fall 2013 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 and major policies 

currently under development, 

• Reviews of existing regulations and 

major policies, and 

• Rules and major policymakings 

completed or canceled since the last 

agenda. 

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 e-Agenda 

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 as described above, 

EPA has begun reviewing its existing 

regulations under Executive Order (EO) 

13563, ‘‘Improving Regulation and 

Regulatory Review.’’ This EO provides 

for periodic retrospective review of 

existing significant 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 the regulatory 

objectives. More information about this 

review is described in EPA’s Statement 

of Priorities in the Regulatory Plan. 

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 


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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 

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 

www.epa.gov/open. 

D. What actions are included in the eAgenda and the regulatory flexibility 

agenda? 

EPA includes regulations and certain 

major policy documents 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. 

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 opening one 610 review and 

concluding one other in fall 2013. One 

610 review remains ongoing during 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 eAgenda. You can sort based on the 

following characteristics: EPA sub 

agency; 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 

December 2012. We urge you to explore 

becoming involved even if an action is 

listed in the Long-Term category. By the 

time an action is listed in the Proposed 

Rules category you may have missed the 

opportunity to participate in certain 

public meetings or policy dialogues. 

5. Completed Actions—This section 

contains actions that have been 

promulgated and published in the 

Federal Register since publication of 

the spring 2013 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 EO 

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 EO 12866. 

Major: a rule is ‘‘major’’ under 5 

U.S.C. 801 (Pub. L. 104–121) if it has 

resulted or is likely to result in an 

annual effect on the economy of $100 


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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 of 1995 

(Pub. L. 104–4). The Act requires that, 

before issuing an NPRM likely to result 

in a mandate 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 (EO), 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 06/00/14 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 

2. 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. 

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 opening one 610 review and 

concluding one other in fall 2013. One 

610 review remains ongoing during this 

time. 


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Federal Register / Vol. 79, No. 4 / Tuesday, January 7, 2014 / Unified Agenda 1219 

Review Title RIN Docket ID No. 

Section 610 Review of Control of Emissions of Air Pollution from Nonroad Diesel Engines and Fuel ... 2060–AR91 EPA–HQ–OAR–2013– 

0642 

Section 610 Review of National Pollutant Discharge Elimination System Permit Regulation and Effluent Limitations Guidelines Standards for Concentrated Animal Feeding Operations.2040–AF46 .. EPA–HQ–OW–2012– 

0813 

Section 610 Review of Heavy-Duty Engine and Vehicle Standards and Highway Diesel Fuel Sulfur 

Control Requirements (Completed).

2060–AR83 EPA–HQ–OAR–2012– 

0313 

EPA established an official public 

dockets for each 610 Review under the 

docket identification (ID) numbers 

indicated above. All documents in the 

dockets are listed on the 

www.regulations.gov Web site. Although 

listed in the index, some information is 

not publicly available; e.g., confidential 

business information (CBI) or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically through 

www.regulations.gov or in hard copy at 

the Air or Water dockets, EPA/DC, EPA 

West, Room 3334, 1301 Constitution 

Avenue NW., Washington, DC 20460. 

The 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 Public 

Reading Room is (202) 566–1744. 

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 the RFA/SBREFA Web site at 

http://www.epa.gov/sbrefa/. 

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: August 28, 2013. 

Shannon Kenny, 

Principal Deputy Associate Administrator, 

Office of Policy. 

10—PRERULE STAGE

Sequence No. Title Regulation 

Identifier No. 

385 .................... Section 610 Review of Control of Emissions of Air Pollution from Nonroad Diesel Engines and Fuel (Section 610 Review).2060–AR91 

10—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

386 .................... SAN No. 5367 National Emission Standards for Hazardous Air Pollutants (NESHAP): Brick and Structural 

Clay Products Manufacturing and Clay Ceramics Manufacturing.

2060–AP69 

387 .................... Standards of Performance for New Residential Wood Heaters, New Residential Hydronic Heaters and 

Forced-Air Furnaces, and New Residential Masonry Heaters.

2060–AP93 

388 .................... General Permits and Permits by Rule for the Tribal Minor New Source Review Program ............................ 2060–AR98 

10—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

389 .................... Control of Air Pollution From Motor Vehicles: Tier 3 Motor Vehicle Emission and Fuel Standards (Reg 

Plan Seq No. 130).

2060–AQ86 

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


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1220 Federal Register / Vol. 79, No. 4 / Tuesday, January 7, 2014 / Unified Agenda 

10—COMPLETED ACTIONS

Sequence No. Title Regulation 

Identifier No. 

390 .................... Section 610 Review of Heavy-Duty Engine and Vehicle Standards and Highway Diesel Fuel Sulfur Control Requirements (Completion of a Section 610 Review).2060–AR83 

35—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

391 .................... Formaldehyde Emissions Standards for Composite Wood Products (Reg Plan Seq No. 133) .................... 2070–AJ92 

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

60—LONG-TERM ACTIONS

Sequence No. Title Regulation 

Identifier No. 

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

Rock Mining Industry.

2050–AG61 

70—PRERULE STAGE

Sequence No. Title Regulation 

Identifier No. 

393 .................... Section 610 Review of National Pollutant Discharge Elimination System Permit Regulation and Effluent 

Limitations Guidelines Standards for Concentrated Animal Feeding Operations (Section 610 Review).

2040–AF46 

ENVIRONMENTAL PROTECTION 

AGENCY (EPA) 

10 

Prerule Stage 

385. • Section 610 Review of Control of 

Emissions of Air Pollution From 

Nonroad Diesel Engines and Fuel 

(Section 610 Review) 

Legal Authority: 5 U.S.C. 610 

Abstract: The rulemaking ‘‘Control of 

Emissions of Air Pollution From 

Nonroad Diesel Engines and Fuel’’ was 

finalized by EPA in June 2004 (69 FR 

38958, June 29, 2004). This program set 

new emission standards for nonroad 

diesel engines, and fuel standards 

requiring sulfur reductions in nonroad 

diesel fuel. EPA developed a Small 

Entity Compliance Guide, which 

provides descriptions of the regulations 

and small entity provisions, Q&As, and 

other helpful compliance information. 

This new entry in the regulatory agenda 

announces that EPA will review this 

action pursuant to section 610 of the 

Regulatory Flexibility Act (5 U.S.C. 610) 

to determine if the provisions that could 

affect small entities should be continued 

without change, or should be rescinded 

or amended to minimize adverse 

economic impacts on small entities. As 

part of this review, EPA will consider 

and solicit comments on the following 

factors: (1) The continued need for the 

rule; (2) the nature of complaints or 

comments received from the public 

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. 

Comments must be received within 60 

days of this notice. In submitting 

comments, please reference Docket ID 

EPA–HQ–OAR–2013–0642 and follow 

the instructions provided in the 

preamble to this issue of the Regulatory 

Agenda. This docket can be accessed at 

www.regulations.gov. 

Timetable: 

Action Date FR Cite 

Final Rule ............ 06/29/04 69 FR 38958 

Begin Review ...... 11/00/13 

Regulatory Flexibility Analysis 

Required: No. 

Agency Contact: Tom Eagles, 

Environmental Protection Agency, Air 

and Radiation, 6103A, Washington, DC 

20460, Phone: 202 564–1952, Fax: 202 

564–1554, Email: eagles.tom@

epamail.epa.gov. 

RIN: 2060–AR91 

ENVIRONMENTAL PROTECTION 

AGENCY (EPA) 

10 

Proposed Rule Stage 

386. National Emission Standards for 

Hazardous Air Pollutants (NESHAP): 

Brick and Structural Clay Products 

Manufacturing and Clay Ceramics 

Manufacturing 

Legal Authority: Clean Air Act 

Abstract: This rulemaking will 

establish emission limits for hazardous 

air pollutants (hydrogen flouride (HF), 

hydrogen chloride (HCl) 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 


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Federal Register / Vol. 79, No. 4 / Tuesday, January 7, 2014 / Unified Agenda 1221 

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 .................. 02/00/14 

Final Rule ............ 12/00/14 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Jeff Telander, 

Environmental Protection Agency, Air 

and Radiation, D243–02, Research 

Triangle Park, NC 27711, Phone: 919 

541–5427, Fax: 919 541–5600, Email: 

telander.jeff@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 

387. Standards of Performance for New 

Residential Wood Heaters, New 

Residential Hydronic Heaters and 

Forced-Air Furnaces, and New 

Residential Masonry Heaters 

Legal Authority: CAA Section 

111(b)(1)(B) 

Abstract: EPA is revising the New 

Source Performance Standards (NSPS) 

for new residential wood heaters. This 

action is necessary because it updates 

the 1988 NSPS to reflect significant 

advancements in wood heater 

technologies and design, broadens the 

range of residential wood-heating 

appliances covered by the regulation, 

and improves and streamlines 

implementation procedures. This rule is 

expected to require manufacturers to 

redesign wood heaters to be cleaner and 

lower emitting. In general, the design 

changes would also make the heaters 

perform better and be more efficient. 

The revisions are also expected to 

streamline the process for testing new 

model lines by allowing the use of 

International Standards Organization 

(ISO)-accredited laboratories and 

certifying bodies, which will expand the 

number of facilities that can be used for 

testing and certification of the new 

model lines. This action is expected to 

include the following new residential 

wood-heating appliances: adjustable 

burn rate wood heaters, pellet stoves, 

single burn rate wood heaters, outdoor 

hydronic heaters (outdoor wood 

boilers), indoor hydronic heaters 

(indoor wood boilers), wood-fired 

forced air furnaces, and masonry 

heaters. These standards would apply 

only to new residential wood heaters 

and not to existing residential woodheating appliances. 

Timetable: 

Action Date FR Cite 

NPRM .................. 11/00/13 

Final Rule ............ 11/00/14 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Gil Wood, 

Environmental Protection Agency, Air 

and Radiation, C404–05, Research 

Triangle Park, NC 27711, Phone: 919 

541–5272, Fax: 919 541–0242, Email: 

wood.gil@epa.gov. 

David Cole, Environmental Protection 

Agency, Air and Radiation, C404–05, 

Research Triangle Park, NC 27711, 

Phone: 919 541–5565, Fax: 919 541– 

0242, Email: cole.david@epa.gov. 

RIN: 2060–AP93 

388. • General Permits and Permits by 

Rule for the Tribal Minor New Source 

Review Program 

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

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 permits by rule as streamlined 

permitting approaches for similar 

emission units or stationary sources. 

This action provides general permits 

and permits by rule for certain source 

categories of minor sources wishing to 

locate in Indian country. This action 

proposes general permits for boilers and 

engines; and permits by rule (and 

general permits in the alternative) for 

printing operations (including 

degreasing and solvent cleaning); stone 

quarrying and processing; concrete 

batch plants and saw mills. 

Timetable: 

Action Date FR Cite 

NPRM .................. 01/00/14 

Action Date FR Cite 

Final Rule ............ 09/00/14 

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, 

C–304.03, Research Triangle Park, NC 

27711, Phone: 919 541–5534, Fax: 919 

541–0942, Email: sendzik.mark@

epamail.epa.gov. 

RIN: 2060–AR98 

ENVIRONMENTAL PROTECTION 

AGENCY (EPA) 

10 

Final Rule Stage 

389. Control of Air Pollution From 

Motor Vehicles: Tier 3 Motor Vehicle 

Emission and Fuel Standards 

Regulatory Plan: This entry is Seq. 

No. 130 in part II of this issue of the 

Federal Register. 

RIN: 2060–AQ86 

ENVIRONMENTAL PROTECTION 

AGENCY (EPA) 

10 

Completed Actions 

390. Section 610 Review of Heavy-Duty 

Engine and Vehicle Standards and 

Highway Diesel Fuel Sulfur Control 

Requirements (Completion of a Section 

610 Review) 

Legal Authority: 5 U.S.C. 610 

Abstract: On January 18, 2001, EPA 

established new exhaust emission 

standards for heavy-duty highway 

engines and vehicles, and new quality 

standards for highway diesel fuel (66 FR 

5002). Pursuant to section 610 of the 

Regulatory Flexibility Act, on October 

31, 2012, EPA initiated a review of this 

rule to determine if the provisions as 

they relate to small entities should be 

continued without change, or should be 

rescinded or amended to minimize 

adverse economic impacts on small 

entities (77 FR 65840). EPA has solicited 

comments on the following factors: (1) 

The continued need for the rule; (2) the 

nature of complaints or comments 

received from the public concerning the 

rule; (3) the complexity of the rule; (4) 

the extent to which the rule overlaps, 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALS6
1222 Federal Register / Vol. 79, No. 4 / Tuesday, January 7, 2014 / Unified Agenda 

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. The current heavyduty engine and fuel standards program 

provided substantial flexibility for 

refiners, especially small refiners, and 

for manufacturers of engines and 

vehicles, and does not warrant revision 

at this time. See EPA’s report 

summarizing the results of this review 

in the docket EPA–HQ–OAR–2012– 

0313. This docket can be accessed at 

www.regulations.gov. 

Timetable: 

Action Date FR Cite 

Final Rule ............ 01/18/01 66 FR 5002 

Begin Review ...... 10/31/12 77 FR 65840 

End Review ......... 08/30/13 

Regulatory Flexibility Analysis 

Required: No. 

Agency Contact: Tad Wysor, 

Environmental Protection Agency, Air 

and Radiation, USEPA, Ann Arbor, MI 

48105, Phone: 734 214–4332, Fax: 734 

214–4816, Email: wysor.tad@

epamail.epa.gov. 

RIN: 2060–AR83 

ENVIRONMENTAL PROTECTION 

AGENCY (EPA) 

35 

Final Rule Stage 

391. Formaldehyde Emissions 

Standards for Composite Wood 

Products 

Regulatory Plan: This entry is Seq. 

No. 133 in part II of this issue of the 

Federal Register. 

RIN: 2070–AJ92 

ENVIRONMENTAL PROTECTION 

AGENCY (EPA) 

60 

Long-Term Actions 

392. Financial Responsibility 

Requirements Under CERCLA Section 

108(B) for Classes of Facilities in the 

Hard Rock Mining Industry 

Legal Authority: 42 U.S.C. 9601 et 

seq.; 42 U.S.C. 9608 (b) 

Abstract: Section 108(b) of the 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act (CERCLA) of 1980, as amended, 

establishes certain authorities 

concerning financial responsibility 

requirements. The Agency has 

identified classes of facilities within the 

Hard Rock mining industry as those for 

which financial responsibility 

requirements will be first developed. 

EPA intends to include requirements for 

financial responsibility, as well as 

notification and implementation. 

Timetable: 

Action Date FR Cite 

Notice .................. 07/28/09 74 FR 37213 

NPRM .................. 08/00/16 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Ben Lesser, 

Environmental Protection Agency, Solid 

Waste and Emergency Response, 5302P, 

Washington, DC 20460, Phone: 703 308– 

0314, Email: lesser.ben@epa.gov. 

David Hockey, Environmental 

Protection Agency, Solid Waste and 

Emergency Response, 5303P, 

Washington, DC 20460, Phone: 703 308– 

8846, Email: hockey.david@epa.gov. 

RIN: 2050–AG61 

ENVIRONMENTAL PROTECTION 

AGENCY (EPA) 

70 

Prerule Stage 

393. Section 610 Review of National 

Pollutant Discharge Elimination System 

Permit Regulation and Effluent 

Limitations Guidelines Standards for 

Concentrated Animal Feeding 

Operations (Section 610 Review) 

Legal Authority: 5 U.S.C. 610 

Abstract: The EPA promulgated 

revised regulations for Concentrated 

Animal Feeding Operations (CAFOs) on 

February 12, 2003 (68 FR 7175). The 

‘‘2003 CAFO Rule’’ expanded the 

number of operations covered by the 

CAFO regulations and included 

requirements to address the land 

application of manure from CAFOs. The 

2003 CAFO Rule required all CAFOs to 

seek NPDES permit coverage. The EPA 

developed a Final Regulatory Flexibility 

Analysis (FRFA) for the 2003 CAFO 

Rule. The EPA took several steps to 

minimize the impacts of the 2003 CAFO 

Rule on small businesses, including 

regulatory revisions designed to focus 

on the largest producers, eliminating the 

‘‘mixed’’ animal calculation for 

operations with more than a single 

animal type for determining which 

Animal Feeding Operations (AFOs) are 

CAFOs, raising the duck threshold for 

dry manure handling duck operations, 

and adopting a dry-litter chicken 

threshold higher than proposed. There 

have been a number of changes to the 

2003 regulations due to court decisions 

based on legal challenges to the 

rulemaking; however, this action only 

pertains to the 2003 rule. Pursuant to 

section 610 of the Regulatory Flexibility 

Act, on October 31, 2012, the EPA 

initiated a review of the 2003 CAFO rule 

to determine if the provisions as they 

relate to small entities should be 

continued without change, or should be 

rescinded or amended to minimize 

adverse economic impacts on small 

entities (77 FR 65840). The EPA has 

solicited comments on, and will 

consider, the following factors: (1) The 

continued need for the rule; (2) the 

nature of complaints or comments 

received from the public 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. After publication, 

the EPA received requests for additional 

time to submit comments and extended 

the public comment period until March 

1, 2013 (78 FR 277). The results of the 

EPA’s review will be summarized in a 

report and placed in the rulemaking 

docket at the conclusion of this review. 

This review’s Docket ID number is EPA– 

HQ–OW–2012–0813; the docket can be 

accessed at www.regulations.gov. 

Timetable: 

Action Date FR Cite 

Final Rule ............ 02/12/03 68 FR 7176 

Begin Review ...... 10/31/12 77 FR 65840 

Comment Period 

Extended.

01/03/13 78 FR 277 

End Review ......... 11/00/13 

Regulatory Flexibility Analysis 

Required: No. 

Agency Contact: Hema Subramanian, 

Environmental Protection Agency, 

Water, 4203M, Washington, DC 20460, 

Phone: 202 564–5041, Fax: 202 564– 

6384, Email: subramanian.hema@

epa.gov. 

RIN: 2040–AF46 

[FR Doc. 2013–29640 Filed 1–6–14; 8:45 am] 

BILLING CODE 6560–50–P 


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