### ENVIRONMENTAL PROT ECTION AGENCY

40 CFR Ch. I

[ 9134-3 ]

EPA-HQ-OA-2007-1172

EPA-HQ-OW-2010-0169

EPA-HQ-OW-2010-0166

EPA-HQ-OAR-2010-0052

EPA-HQ-OW-2010-0728

Fall 2010 Regulatory Agenda

AGENCY: En vironme ntal Protection Agency.

ACTION: Se miannu al regulatory flexibility agenda and semiannual regulatory agenda.

SUMMARY: The Environmental Protection Agency (EPA) publi s hes the semiannual regulatory agenda online (the e-Agenda) at www.reginfo.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 ‘‘sem iannu al reg ulatory agenda’’ all refer to the same comprehensive collection of informat ion that until 2007 was published in the Federal Register but which now is only available through an online database.
‘‘Regulatory Flexibility Agenda’’ refers to a document that contains informat io n about re gulations that may have a significant impact on a substantial number of small entities. It continues to be published in the Federal Register because that is what is required by the 1980 Regulatory Flexibility Act.

"Monthly Action Initiation List" (AIL) refers to a list that EPA posts online each month of the regul ations newly approved for development.

‘‘Unified Regulatory Agenda’’ refers to the co lle ctio n of all agencies’ agendas with an introduction prepared by the Regulatory Information Service Center.
‘‘Regulatory Agenda preamble’’ refers to the docu m ent you are reading now. It appears as part of the Regulatory Flexibility Agenda and introduces both the Regulatory Flexibility Agenda and the e-Agenda.
“Rulemaking Gateway” refers to a new online portal to EPA’s pr iority rules wit h earlier and more frequently updated information about Agency regulati ons. More information about the Rulemaking Gateway appears in section H of this preamble.

### FOR FURTHER INFORMATION CONTACT: If you have que stio ns or comments about a particular action, please get in touch with the agency co ntact listed in each agenda entry. If you have general questions about the semiannual regulatory agenda, please contact: Phil Schwartz (schwartz.philip@epa.gov; 202-564-6564) or Caryn Muellerleile (muellerleile.caryn@epa.gov; 202-564- 2855).

TO BE PLACED ON A MAILING LIST FOR UPDATED INFORMATION ON RULES UNDER DEVELOPMENT: If you would like to re ceive an e -mail with a link to new semiannual regulatory agendas as soon as they are published, please send an e-mail message with your name and address to: nscep@bps-lmit.com and put ‘‘E-Regulatory Agen da: Electronic Copy’’ in the subject line.

If you would like to regularly receive informat ion ab out the rules newly approved for development, sign up for our monthly Action Initiation List by going to http://www.epa.gov/lawsregs/search /ail.html#notification and completing the steps listed there.

You can track progress on variou s aspects of EPA’s priori ty rulem a kings by signing up for RSS feeds from the Rulemaking Gateway at http://yosemite.epa.gov/opei/Ru leGate.nsf/content/getaler ts.html?opendocument.

If you would like to receive a hard copy of the semiannual agenda about 2 to 3 months after publi c ation, call 800-490-9198 or send an e-mail with your name and complete address to: nscep@bpslmit.com and put ‘‘Regulatory Agenda Hard Copy’’ in t he subject line. We are ending distribution of hard copies of the Agenda after the Fall 2010 edition. You will still, however, be able to download and print a Federal Register style version of the EPA’s Agenda at www.epa.gov/lawsre gs/search/regagenda.html.

SUPPLEMENTARY INFORMATION:

Table of Contents
A. Map of Regulatory Agenda Information B. What Are EPA’s Regulatory Goals and What Key Princi ples, Statutes, and E xecutive Orders Guide Our Rule and Policymaking Process? C. How Can You Be Involved in EPA’ s Rule and Polic ymaking Process? D. What Actions Are Included in 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 I Find Out About Rulemakings That Start Up After the Regul atory Agend a Is Signed? H. What Tools for Finding More About EPA Ru les and Polic ies Are Available at EPA.gov, Regulations.gov, and Reginfo.gov? I. Reviews of Rules With Significant Impacts on a Substantial Number of Small Entities J. What Other Special Attention Do We Give to the Impact s of Rules on Small Businesses, Small Governments, and Small Nonprofit Organizations? K. Thank You for Collaborating With Us

A. Map of Regulatory Agenda Type Information

### Type of Information Online Locations Federal Register Location Semiann ual Regulatory Agenda www.reginfo.gov/, www.regulations.gov, and http://www.epa.gov/lawsregs/ sear ch/ regagenda.html Not in FR
FY 2011 Regulatory Plan Go to: Regulat ions.gov and put “EPA-HQ-OA-2010-0915- 0002 ” in the key word b ox Part II of today’s issue
Semiannual Regulatory Flexibility Agenda www.reginfo.gov/, www.regulations.gov, and http://www.ep a.gov/law sregs/ search/regagenda.html Part XII of today’s issue
Monthly Action Initiation List http://www.regulations.gov/fdmspublic/component/main?m ain=DocketDetail&d=EPA- HQ-OA-2008-0265 and http://www.ep a.gov/lawsregs/search/ail.html Not in FR

Rulemaking Gateway www.epa.gov/rulemaking/ Not in FR

B. What Are EPA’s Regulatory Priorities, and What Key Principles, Statutes, and Executive Orders Guide Our Rule and Polic ymaking Process?

Priorities
To guide the Agency’s efforts in 2011 and su b s equent years, Administra tor Lisa P. Jackson has established the following seven guiding principles. Fo r a more extensive discussion of these principles please see our FY 2011 Regulatory Plan.

1. Taking Action on Climate Change : In 2009 EPA finalized an endangerment finding on greenho use gases; issued the first national rules to reduce greenhouse-gas emissions under the Clean Air Act; and initiated a national re porting system for gr eenhouse gas emissions. In 2010, EPA and NHTSA announced a joint final rule establishing a histor ic national program that will dramatically reduce greenhouse gas emissions and improve fuel economy for new cars and trucks sold in the United States. The mobile sources addressed in t hat regulatory action — light-duty vehicles and heavy-duty vehicles — accounted for 23 percent of all U.S. greenhouse gas emissions in 2007. While EPA stands ready to help Congress craft strong, science-based climate legisl ation that addresses the spectrum of issues, the Agency will deploy existing regulatory tools as they are available and warranted.

2. Improving Air Quality : Since passage of the Clean Air Act Amendments in 1990, nationwide air quality has improved significantly for the six criteria air pollutants for which there are national ambient air quality standards. Despite this progress, about 127 million Americans lived in counties with air considered unhealthy in 2008. Long-term exposure to air pollution can cause cancer and damage to the immune, neurological, reproductive, cardiovascular, and respirat ory systems. Because people spend much of their lives indoors, the quality of indoor air is also a major concern.

3. Assuring the Safety of Chemicals : One of EPA’s highest priorities is to make significant and long overdue progress in assuring the safety of chemic als. On September 29, 2009, Administrator Jackson announced clear principles to guide Congress in writing a new chemical risk management law that will fix the weaknesses in Toxic Substances Control Act (TSC A). EPA is shifting its focus to addressing highconcern chemicals and filling data gaps on widely-produced chemicals in commerce.

4. Cleaning Up Our Communities : In 2009, EPA accelerated its S uperfund program and confronted significant local environmental challenges like the asbestos Public Health Emergency in Libby, Montana and the coal ash spill in Kingston, Tennessee.

### 5. Protecting America’s Waters : America’s water bodies are imperiled as never before. Water quality and enforcement programs face complex chal lenges, from nutrient loadings and storm water runoff to invasive species and drinking water contaminants. These challenges demand both traditional and innovative strategies.

6. Expanding the Conversation on Environmentalism and Working for Environmental Justice: Environmentalism has been described as a conversa tion that we all must have because it is about protecting people in the places they live, work, and raise families. The Agency is now focusing on expanding the conversation to include new stakeholders and involve communities in more direct ways.

7. Building Strong State and Tribal Partnerships : EPA's success depends more than ever on working with increasingly capable and environmentally conscious partners. The Agency works with the States and Tribes, business and industry, nonprofit organizations, environmental groups, and educational institutions in a wide variety of collaborative e fforts. States and tribal nations bear important responsibilities for the day-to-day mission of environmental protection.

Other Key Principles, Statutes, and Executive Orders Guiding Our Rule and Policymaking Process
EPA’s strength has always been our ability to adapt to the constantly changing face of environmental prote c tion as our economy and society evolve, and sci ence teaches us more about how humans interact with and affect the natural world. Now, more than ever, EPA must be innovative and forward looking because the environmental challenges faced by Americans all across our country are unprecedented.

Besides the fundamental environmental laws aut horizing EPA actions such as the Clean Air Act and Clea n Water Act, there are legal requirements that appl y to the issuance of regul ations 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 12866 (Regulatory Planning and Review; 58 FR 51735; October 4, 19 93), 12898 (Environmental Justice; 59 FR 7629; February 16, 1994), 13045 (Children’s Health Pr otection; 62 FR 19885; April 23, 1997), 13132 (Federalism; 64 FR 43255; August 10, 1999), 13175 (C onsultation and Coordination with Indian Tribal Governments; 65 FR 67249; November 9, 2000), 13211 (Actions Concerning Regulations That Significantly Affect Energy Supply, Distri bution, or Use; 66 FR 28355; May 22, 2001).
C. How Can You Be Involved in EPA’s Rule and Policymaking Process?
You can make your voice heard by getting in to u c h 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 (FR).
Instructions on how to submit your comm ents a r e provided in each of our Notices of Proposed Rulemaking (NPRMs). To be most effective, comment s should contain information and data that support your position, and you also should explain why we sh ould incorporate your suggestion in the rule or nonregulatory action. You can be particul arly helpful and persuasive if y ou provide examples to illustrate your concerns and offer specific alternatives.

We believe our actions will be more cost-effect ive and protectiv e if our development process includes stakeholders working with us to identify the most pr actical and effective solutions to problems, and we stress this point most strongly in all of our trai ning programs for rule and policy developers. Democracy gives real power to individual citizens, but with t hat power comes re sponsibility. We urge you to become involved in EPA’s rule and policymaking process. For more informati on about public involvement in EPA activities, please visit www.epa.gov/publicinvolvement.

### D. What Actions Are Included in the E-Agenda and the Regulatory Flexibility Agenda?
EPA includes regulations and certai n major policy documents in t he e-Agenda. However, there is no legal significance to the omission of an item fr om the agenda, and we generally do not include the following categories of actions:

• Administrative actions such as delegations of auth ority, changes of address, or phone numbers;

• Under the Clean Air Act: Revisions to State Implem entation Plan s; Equivalent Methods for Ambient Air Quality Monitoring; Deletions from the New S ource Performance Standards source categories list; Delegations of Authority to States; Area De signations for Air Quality Planning Purposes;

• Under the Federal Insecticide, Fungicide, and Rodenticide Act: Registration-related decisions, actions affecting the status of currently r egistered pesticides, and data call-ins;

• Under the Federal Food, Drug, and Cosmetic Act: Actions rega rding pesticide tolerances and food additive regulations;

• Under the Resource Conservation and Recovery Ac t : Authorization of State solid waste management plans; hazardous waste delisting petitions;

• Under the Clean Water Act: State Water Quality Standar d s; deletions from the section 307(a) list of toxic pollutants; suspensions of toxic testing requ irements under the National Pollutant Discharge Elimination System (NPDES); delegatio ns of NPDES authority to States;

• Under the Safe Drinking Water Act: Actions on State unde rground inject ion control programs.
The Regulatory Flexibility Agenda normally includes:

• Actions likely to have a significant economic imp act on a substantial number of small entities.

• Rules the Agency has identified for periodic review u nder section 610 of the Regulatory Flexibility Act. There are four rules for 610 reviews in 2010.
E. How Is the E-Agenda Organized?

You can now choose how both the www.reginfo. gov and www.regulations.gov versions of the eAgenda are organized. Current choices include: EPA subagency; stage of rulemaking, explained below; alphabetically by title; and by the Regulation Identifier Number (RIN), which is assigned sequentially when an action is added to the agenda.
Stages of rulemaking include:
1. Prerulemaking—Prerulemakin g actions are generally intended to determine whether EPA should initiate rulem a king. 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, announcement of reviews of existi ng regulations required under section 610 of the Regulatory Flexibility Act, requests for public comment on the need for regulatory action, or important preregulatory policy proposals).

2. Proposed Rule—This sect ion includes EPA rulemaking actions that are within a year of proposal (publi c ation of Notices of Proposed Rulemakings (NPRMs)).

3. Final Rule—This section includ es rul e s that will be issued as a final rule within a year.
4. Long-Term Actions—This section includes rulemaki ngs for whi ch the next scheduled regulatory action is after October 2011. We urge you to explore be coming involved even if an action is listed in the LongTerm category. By the time an action is listed in the Proposed Rules catego ry you may have missed the opportunity to participate in certain public meetings or policy dialogues.

### 5. Completed Actions—This section contains action s that have been promulgated and published in the Federal Register since publication of the spri ng 2010. It also includes actions that EPA is no longer considering. If an action appears in the completed sect ion, 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 the Regulatory Flexibility Act secti on 610 reviews in this section of the agenda.
F. What Information Is in the Regulat or y Flexibility Agenda and the E-Agenda?
Regulatory Flexibility Agenda entries include:
Sequence Number, RIN, Title, Description, Statut ory Authority, Section 610 Revie w, if applicable, Regulatory Flexibility Analysis Requ ired, Schedule, Contact Person.
E-Agenda entries include:

Title: Titles for new e n tries (those that have not appear ed in previous agendas) are preceded by a bullet ( ● ). The notation ‘‘Section 610 Review’’ follows the title if we are reviewing the rule as part of our periodic review of existing rules under section 610 of the Regulatory Flexibility Act (RFA) (5 U.S.C. 610).
Priority: Entri e s 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 E.O. 12866, a rulemaking action that may have an annual effect on the eco nomy of $100 millio n or more, or adversely affe ct in a material way the economy, a sector of the economy, productivity, competit ion, jobs, the environment, public health or safety, or State, local, or tribal governments or communities.
Other Significant: A rulemaking that is not economic a lly significa nt 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 anothe r age ncy;
2. Materially alter the budgetary impact of entitle ments, grant s, use r 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 prin ciple s in Executive Order 12866.
Substantive, Nonsignificant: A rulemaking that has substantive impacts but is not Significant, Routine and Frequ ent , or Informational/Administrative/Other.
Routine and Frequent: A rulemaking that is a specific case of a recurring application of a regulatory prog ram in th e Code of Federal Regulations (e .g., certain State Implementation Plans, National Priority List updates, Significant New Use Ru les, 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 Managem ent and Budget under E.O. 12866, then we would classify the action as either “Economically Significant” or “Other Significant.”
Informational/Administrative/Other: An action that is primarily informational or pertains to an action outsid e the scope of E.O. 12866.
Also, if we believe that a rule may be “Major ” a s 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 indica te this under the “Priority” heading with the statement “Major under 5 USC 801.”

### Legal Authority: The se ctio ns of the United States Code (USC), Public Law (PL), Executive Order (EO), or common name of the law that aut horizes the regulatory action.

CFR Citation: The se ction s of the Code of Federal Regulatio ns that would be affected by the action.
Legal Deadline: An indicati on of wheth er the rule is subject to a statutory or judicial deadline, the date of that deadline, and whether the deadline pertains to a No tice of Proposed Rulemaking, a Final Action, or some other action.

Abstract: A brief descriptio n 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 nex t 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 sect ion 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 we expect the rule to have any effect on small businesses, small gove r nments, or small nonprofit organizations.

Government Levels Affected: Indicates whether we expect the rule to have any effect on levels of govern ment a nd, if so, whether the governments are State, local, tribal, or Federal.
Federalism Implications: Indicates whet her the action is expected to have substantial direct effects on the States, on the relationship between the National Go vernment and the States, or on the distribution of power and responsibilities among the various levels of government.

Unfunded Mandates: Section 202 of the Unfun ded Mandates Reform Act generally requires an assessment of anticipated costs and be nefits 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 wheth er the action is a sign ificant energy action under E.O. 13211.

International Trade Impacts : Indicate s whether the a ction is likely to have international trade or investment effects, or otherwis e be of international interest.

Agency Contact: The nam e, addre ss, phone number, and e-mail address, if available, of a person who is knowledgeable about the regulation.

Additional Information: Other information about the action including docket information.

URLs: Fo r some of our actions, we include the Internet addresses for reading copies of rulemaking document s, submitting comments on proposals, and ge tting more information about the rulemaking and the program of which it is a part. (Note: To submit comments on proposals, you can go to our electronic docket, which is at www.regulations.gov. Once there, follow the online instructions to access the docket and submit comments. A docket identification (ID) number will assist in the search for materials. We include this number in the additional information section of many of the agenda entries that have already been proposed.)

### RIN: The Regulation Identifier Number is used by OMB to identify a nd track rulemakings. The first four digits of the RIN stand for the EPA office with lead responsibility for developing the action.

G. How Can I Find Out About Rulemakings That Start Up After the Regulatory Agenda Is Signed?

EPA posts monthly information of new rulema kings that the Agency’ s se nior managers have decided that we should develop. We also distribute this list via e-mail. You can see the current list, which we call the Action Initiation List at http://www.epa.gov/law sregs/search/ail.html where you will also find information about how to get an e-mail notification when a new list is posted.

H. What Tools for Mining Regulatory Agenda Data and for Finding More About EPA Rules and Policies Are Av ailable at Reginfo.gov, EPA.gov, and Regulations.gov?
1. The http://www.reginfo.gov/ Searchable Database The Regulatory Information Service Center and Offi ce of Information and Regulatory Affairs have revised a Federal regulatory dashb oard and continue to allow users to view the Regulatory Agenda database (http://www.reginfo.gov/public/do/eAgendaMain), which includes powerful search, display, and data transmission options. At that site you can: 1. See the pre a mble. At the URL listed above for the Unified Agenda and Regulatory Plan, find “Current Agenda Agency Preambles.” Environmen tal Protection Agency is listed alphabetically under “Other Executive Agencies.” 2. Get a com p lete list of EPA’s entries in the current edition of the Agenda. Use the drop-down menu in the “Select Agency” box to find Envi ronmental Protection Agency and “Submit.” 3. View the contents of all of EPA’s entries in the current edition of the Agenda . Ch oose “Sea rch” from the “Unified Agenda” selection in the toolbar at the top of the page. Within the “Search of Agenda/Regulatory Plan” screen, open “Advanc ed Search,” then “Continue.” Select “Environmental Protection Agency” and “Continue. ” Select “Search,” then “View All RIN Data (Max 350).” 4. Get a listing o f entries with specified characteristics. Follow the procedure described immediately above for viewing the contents of all entries, but on the screen entitled “Advanced Search – Select Additional Fields,” choose the charac teristics you are seeking before “Search.” For example, if you wish to see a listing of all ec onomically significant actions that may have a significant economic impact on a substantial number of small businesses, you would check “Economically Significant” under “Priority” and “B usiness” under “Regulatory Flexibility Analysis Required.” 5. Download the results of your searches in XML format.
2. Subject Matter EPA Websites Some actions listed in the Agenda incl ud e a URL that provide s additional information.

3. Public Dockets When EPA publishes either an Advanced Notice of Proposed Rulemaking (ANP RM) or a NPRM in the Federal Register , the Agency typically establishes a dock et to accumulate materials throughout the development process for that rulemaking. The dock et 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 al so be used for Regulatory Flexibility Act section 610 reviews of rules with significant economic impacts on a substantial number of small entities and for various nonrulemaking activities, such as Federal Register documents seeking public comments on draft guidance, policy statements, information collection requests under t he Paperwork Reduction Act, and other non-rule activities. Docket informati on should be in that action’s agenda entry. All of EPA’s public dockets can be located at www.re gulations.gov.
4. EPA’s Rulemaking Gateway

### EPA’s Rulemaking Gateway (www.epa.gov/rulemaking/) serves as a portal to EPA’s priority rules, providing you with earlier and more frequently updat ed information about Agency regulations than is provided by the Regulatory Agenda.

The Rule ma king Gateway provides information as soon as work begins and provides updates on a monthly basis as new information becomes available. Time-sensitive information, such as notice of a public meeting, is updated on a da ily basis. Not all of EPA’s R egulatory Agenda entries appear on the Rulemaking Gateway; only priority rulemakings can be found on the Gateway.
I. Reviews of Rules With Significant Impacts on a Substantial Number of Small Entities
Section 610 of the RFA requires that an agency revi ew, within 1 0 years of promulgation, each rule that has or will have a significant econ omic impact on a substantial number of small entities. EPA has four rules scheduled for 610 review in 2010.

Rule Being Reviewed RIN Docket ID # National Primary Drinking Water Regulations: Radi onu clides (Section 610 Review) 2040-AF19 EPA-HQ-OW-2010-0166

Effluent Guidelines and Standards for the Centralized Wa ste Tre atment Industry (Section 610 Review) 2040-AF18 EPA-HQ-OW-2010-0169
Tier II Light-Duty Vehicle and Light-Duty Truck Emissi on Standards a nd Gasoline Sulfur Standards (Section 610 Review) 2060-AQ12 EPA-HQ-OAR-2 010-0052

National Primary Drinking Water Regulations; Arsenic and Cl arifications to Compli ance and New Source Contaminants Monitoring (Section 610 Review) 2040-AF24 EPA-HQ-OW-2010-0728

EPA has established official public dockets for these 610 Reviews under the dock et identification (ID) numbe rs as indicated above. All documents in t he 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 In ternet and will be publicly available only in hard copy form. Publicly available docket materials are avail able either electronically th rough www.regulations.gov or in hard copy at the applicable program (Wate r or Air) docket, 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. Unless otherwise indicated, please direct your comments to the identified docket ID number for the specific 610 Revi ew item. For these 610 Reviews, please DO NOT submit CBI or information that is otherwise protected by statute. You may submit comments using one of the following methods:

1. Electronically. Go dire ctly to www.regulations.gov and find “Advanced Docket Search.” Enter 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 y ou provide it in the body of your comment. If you do submit an electronic commen t, EPA recommends that you include your name, mailing address, and an e-mail address or ot her contact information in t he body of your comment. EPA’s policy is that EPA will not edit your comment, and any identifying or contact info rmation provided in the body of a comment will be included as part of the comm ent that is placed in the official public docket and made available in EPA’s electronic public docket.

2. By Mail

. Send your comments to: EPA Docket Center ( EPA/DC), Environmental Protection Agency, Docket # [insert applicable docket number], 1200 Pennsylvania Avenue NW., Washington, DC 20460.

### 3. By Hand Delivery or Courier

. Deliver your comments, identified by the Docket # [insert applicable docket number], to: EPA Docket Center (EPA/DC ), EPA West, Room 3334, 1301 Constitution Avenue NW., Washington, DC 20460. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding lega l holidays. The telephone number for the Reading Room is (202) 566-1744. Such deliveries are only a ccepted during the docket ce nter’s normal hours of operation as identified above. For more in formation on EPA’s docket center, please visit http://www.epa.gov/epahome/dockets.htm.

Please ensure that your comments are submi tted 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 this action, please DO NO T submit CBI or information that is otherwise protected by statute.
J. What Other Special Attention Do We Give to the Impacts of Rules on Small Businesses, Small Gov e rnments, and Small Nonprofit Organizations?
For each of our rulemakings, we consider whether there will be any adverse i mpact on any small entity. We attempt to fit the regulatory requirements, to the extent feasible, to t he scale of the businesses, organizations, and governmental jurisdictions subject to the regulation.
Under RFA/SBREFA (the Regulatory Flexibilit y Act as am ende d by the Small Business Regulatory Enforcement Fairness Act), 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 (fin al 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/.
For a list of the rules under development for wh i c h a Regulatory Flexibility Analysis will be required, go to http://www.regulations.gov/fdmspublic/component/main?main=UnifiedAgenda.
K. Thank You for Collaborating With Us
Finally, we would like to thank those of you who ch oose to join with us in maki ng 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: Se ptember 10, 2010

NAME : Louise Wise, Deputy Associate Administrator, Office of Policy, Economics, and Innovation.The 345 Regulatory Agendas

Regional Office Dallas - Proposed Rule

Title Regulation Identifier Number Oklahoma Regional Haze Federal Implementation Plan (FIP) 2006-AA00

Regional Office San Francisco - Final Rule

Title Regulation Identifier Number Regulation To Establish No Discharge Zone in California State Waters Under CWA 312(f)(4)(A) 2009-AA04

Office of General Council - Proposed Rule

Title Regulation Identifier Number Revision of Procedural Rules for Hearings on Cancellations, Suspensions, Changes in Classifications, and Denials of Pesticide Registrations 2015-AA00

Office of General Council - Final Rule

Title Regulation Identifier Number Supplemental Standards of Ethical Conduct for Employees of the Environmental Protection Agency 2015-AA01

Office of Enforcement and Compliance Assurance - Proposed Rule

Title Regulation Identifier Number NPDES Electronic Reporting Rule 2020-AA47

Office of Enforcement and Compliance Assurance - Long-term Action

Title Regulation Identifier Number Technical Corrections to Title 40 To Conform to the Civil Monetary Penalty Inflation Adjustment Rule 2020-AA49

Office of Environmental Information - Proposed Rule

Title Regulation Identifier Number Clarify TRI Reporting Obligations Under EPCRA Section 313 for Metal Mining Activities 2025-AA11
TRI; Response to Petition To Delete Acetonitrile From the Toxics Release Inventory List of Toxic Chemicals 2025-AA19

Office of Environmental Information - Final Rule

Title Regulation Identifier Number Toxics Release Inventory (TRI) Articles Exemption Clarification Rule 2025-AA24 TRI: Intent to Consider Lifting Administrative Stay Regarding Hydrogen Sulfide Reporting Requirements; Opportunity for Public Comment 2025-AA27Office of Environmental Information - Long-term Action

Title Regulation Identifier Number TRI; Response to Petition To Delete Chromium, Antimony, Titanate From the Metal Compound Categories Listed on the Toxics Release Inventory 2025-AA16

TRI; Response to Petition To Add Diisononyl Phthalate to the Toxics Release Inventory List of Toxic Chemicals 2025-AA17

Office of Environmental Information - Completed Action

Title Regulation Identifier Number Toxics Release Inventory; Addition of National Toxicology Program Carcinogens 2025-AA28

Water - PreRule

Title Regulation Identifier Number Effluent Guidelines and Standards for the Centralized Waste Treatment Industry 2040-AF18 National Primary Drinking Water Regulations; Arsenic and Clarifications to Compliance and New Source Contaminants Monitoring 2040-AF24

Water - Proposed Rule

Title Regulation Identifier Number NPDES Permit Requirements for Municipal Sanitary and Combined Sewer Collection Systems, Municipal Satellite Collection Systems, Sanitary Sewer Overflows, and Peak Excess Flow Treatment Facilities 2040-AD02

Regulations for Gray and Black Water Discharges From Cruise Ships Operating in Certain Alaskan Waters 2040-AD89 Criteria and Standards for Cooling Water Intake Structures 2040-AE95 Revisions to the Unregulated Contaminant Monitoring Regulation (UCMR 3) for Public Water Systems 2040-AF10 Amendment to Effluent Guidelines for Primary Aluminum Smelting Subcategory of the Nonferrous Metals Manufacturing Point Source Category 2040-AF12

Stormwater Regulations Revision To Address Discharges From Developed Sites 2040-AF13 Water Quality Standards Regulatory Clarifications 2040-AF16 National Pollutant Discharge Elimination System (NPDES) Permit Regulations for New Dischargers and the Appropriate Use of Offsets With Regard to Water Quality Permitting 2040-AF17

Water Quality Standards for the State of Florida's Estuaries and Coastal Waters 2040-AF21 Concentrated Animal Feeding Operations (CAFO) Information Collection Request Rule 2040-AF22
Withdrawal of Certain Federal Aquatic Life Water Quality Criteria Applicable to Wisconsin 2040-AF23 National Pollutant Discharge Elimination System (NPDES) Application and Program Updates Rule 2040-AF25

Water - Final Rule

Title Regulation Identifier Number National Pollutant Discharge Elimination System (NPDES): Use of Sufficiently Sensitive Test Methods for Permit Applications and Reporting 2040-AC84

Effluent Limitations Guidelines and Standards for Airport Deicing Operations 2040-AE69 Federal Requirements Under the Underground Injection Control (UIC) Program for Carbon Dioxide (CO2) Geologic Sequestration (GS) Wells 2040-AE98

2010 Effluent Guidelines Program Plan 2040-AF06 Guidelines Establishing Test Procedures for the Analysis of Pollutants Under the Clean Water Act; Analysis and Sampling Procedures 2040-AF09

Water Quality Standards (Numeric Nutrient Criteria) for Florida's Lakes and Flowing Waters 2040-AF11

Water - Long-term Action

Title Regulation IdentifierNumber National Primary Drinking Water Regulations: Radon 2040-AA94 Shore Protection Act, Section 4103(b) Regulations 2040-AB85
National Primary Drinking Water Regulations: Aldicarb 2040-AC13 Test Procedures for the Analysis of Co-Planar and Mono-Ortho-Substituted Polychlorinated Biphenyls (PCBs) Under the Clean Water Act 2040-AD09

Uniform National Discharge Standards for Vessels of the Armed Forces—Phase II 2040-AD39 Underground Injection Control: Update of State Programs 2040-AD40 National Secondary Drinking Water Regulations (NSDWR): Methyl Tertiary Butyl Ether (MTBE) and Technical Corrections to the NSDWR 2040-AD54
Statement of Policy -- NPDES Permit Requirements for Peak Wet Weather Discharges From Publicly Owned Treatment Work Treatment Plants Serving Sanitary Sewer Collection Systems 2040-AD87

National Primary Drinking Water Regulations: Revisions to the Total Coliform Rule 2040-AD94 Effluent Limitations Guidelines and Standards for Chlorine and Chlorinated Hydrocarbon Manufacturing Process 2040-AE82 Development of Best Management Practices for Recreational Boats Under Section 312(o) of the Clean Water Act 2040-AF03

Oil and Gas Construction Stormwater Rule 2040-AF05
Perchlorate Regulatory Determination 2040-AF08 Effluent Limitations Guidelines and Standards for the Steam Electric Power Generating Point Source Category 2040-AF14 National Primary Drinking Water Regulations for Lead and Copper: Regulatory Revisions 2040-AF15 Revised Regulations for Concentrated Animal Feeding Operations (CAFOs) in the Chesapeake Bay Watershed 2040-AF20

Water - Completed Action

Title Regulation Identifier Number Guidance for Implementing the Methylmercury Water Quality Criterion 2040-AE87
National Primary Drinking Water Regulations: Radionuclides 2040-AF19

Solid Waste and Emergency Response - Proposed Rule

Title Regulation Identifier Number National Priorities List for Uncontrolled Hazardous Waste Sites: Proposed and Final Rules 2050-AD75 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 2050-AF08
Revising Underground Storage Tank Regulations--Revisions to Existing Requirements and Additions To Incorporate the Provisions of the Energy Policy Act 2050-AG46

Financial Responsibility Requirements Under CERCLA Section 108(b) for Facilities in the Chemical, Petroleum and Electric Power Industries 2050-AG56
Hazardous Waste Management Systems: Identification and Listing of Hazardous Waste: Carbon Dioxide (CO2) Injectate in Geological Sequestration Activities 2050-AG60
Financial Responsibility Requirements Under CERCLA Section 108(b) for Classes of Facilities in the Hard Rock Mining Industry 2050-AG61
Hazardous Chemical Reporting; Community Right-To-Know: Revisions to the Emergency and Hazardous Chemical Inventory Forms (Tier I and Tier II) 2050-AG64

Solid Waste and Emergency Response - Final Rule

Title Regulation Identifier Number Identification of Non-Hazardous Secondary Materials That Are Solid Wastes 2050-AG44 Oil Pollution Prevention: Spill Prevention, Control, and Countermeasure Rule Requirements--Amendments for Milk Containers 2050-AG50

Hazardous Waste Technical Corrections and Clarifications Rule 2050-AG52 Hazardous Waste Management System; Identification and Listing of Hazardous Waste; Removing Saccharin and Its Salts From the Lists of Hazardous Constituents, Hazardous Wastes, and Hazardous Substances 2050-AG55

Solid Waste and Emergency Response - Long-term ActionTitle Regulation Identifier Number RCRA Subtitle C Financial Test Criteria Regulatory Determination 2050-AC71
Revisions to the Comprehensive Guideline for Procurement of Products Containing Recovered Materials 2050-AE23 Management of Cement Kiln Dust (CKD) 2050-AE34
Modifications to RCRA Rules Associated With Solvent-Contaminated Industrial Wipes 2050-AE51 Standards for the Management of Coal Combustion Residuals Generated by Commercial Electric Power Producers 2050-AE81 Revisions to the National Oil and Hazardous Substances Pollution Contingency Plan; Subpart J Product Schedule Listing Requirements 2050-AE87

RCRA Smarter Waste Reporting 2050-AF01
Correction of Errors and Adjustment of CERCLA Reportable Quantities 2050-AF03

Hazardous Waste Manifest Revisions—Standards and Procedures for Electronic Manifests 2050-AG20
National Contingency Plan Revisions To Align With the National Response Plan 2050-AG22 Revisions to Land Disposal Restrictions Treatment Standards and Amendments to Recycling Requirements for Spent Petroleum Refining Hydrotreating and Hydrorefining Catalysts 2050-AG34

Amendment to the Universal Waste Rule: Addition of Pharmaceuticals 2050-AG39
Emergency Planning and Community Right-To-Know Act: Amendments and Streamlining Rule 2050-AG40 Standards for the Safe and Environmentally Protective Placement of Coal Combustion Residuals as Minefill in Coal Mines Not Regulated Under the Surface Mining Control and Reclamation Act 2050-AG45

Episodic Generation Rulemaking 2050-AG51

Solid Waste and Emergency Response - Completed Action

Title Regulation Identifier Number Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act; Availability of Information to the Public; Technical Amendment 2050-AE95
Identifying the Universe of Government Research in Laboratories and Determining Student Involvement in Generating Laboratory Hazardous Waste 2050-AG54

Withdrawal of Expansion of RCRA Comparable Fuels Exclusion 2050-AG57
Revise: Cooperative Agreements and Superfund State Contracts for Superfund Response Actions 2050-AG58
SPCC Compliance Date Extension 2050-AG59 Temporary Suspension of Certain Oil Spill Response Time Requirements to Support Deepwater Horizon Oil Spill of National Significance (SONS) Response 2050-AG63

Air and Radiation - PreRule

Title Regulation Identifier Number New Source Performance Standards (NSPS) Review Under CAA Section 111(b)(1)(B) 2060-AO60

Air and Radiation - Proposed Rule

Title Regulation Identifier Number Technical Change to Dose Methodology 2060-AH90
Review of the National Ambient Air Quality Standards for Carbon Monoxide 2060-AI43
National VOC Emission Standards for Consumer Products; Amendments 2060-AI62 Performance-Based Measurement System For Fuels: Criteria For Self-Qualifying Alternative Test Methods; Description of Optional Statistical Quality Control Measures 2060-AK03

Protection of Stratospheric Ozone: Amendments to the Section 608 Leak Repair Regulations 2060-AM09
NESHAP: Defense Land Systems and Miscellaneous Equipment 2060-AM84 Implementing Periodic Monitoring in Federal and State Operating Permit Programs 2060-AN00 Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Small Municipal Waste Combustors: Remand Response and Amendments 2060-AN17

NESHAP: Polyvinyl Chloride and Copolymers Production, Amendments 2060-AN33Protection of Stratospheric Ozone: Amending Requirements To Import Ozone-Depleting Substances for Destruction in the U.S. 2060-AN48

NESHAP: Mercury Cell Chlor-Alkali Plants—Amendments 2060-AN99 National Emission Standards for Hazardous Air Pollutants: Shipbuilding and Ship Repair (Surface Coating) Operations— Amendment 2060-AO03
Revision to Definition of Volatile Organic Compounds—Exclusion of Family of Four Hydrofluoropolyethers (HFPEs) and HFE-347pc-f 2060-AO17
Response to Request for Reconsideration of Final Air Emission MACT Rules for Large Municipal Waste Combustors (MWCs). 2060-AO18

Review of the National Ambient Air Quality Standards for Particulate Matter 2060-AO47
Measurement of PM 2.5 and PM 10 Emissions by Dilution Sampling 2060-AO50 Plywood and Composite Wood Products (PCWP) NESHAP—Proposed & Final Amendments to Address "No Emission Reduction" MACT Floors 2060-AO66

Adoption of International NOx Standard for Aircraft Engines 2060-AO70
Review of the Secondary National Ambient Air Quality Standards for Oxides of Nitrogen and Oxides of Sulfur 2060-AO72
NESHAP: Reinforced Plastic Composites Production Rule Amendments 2060-AP05

New Source Performance Standards for Grain Elevators—Amendments 2060-AP06 Regulation of Fuel and Fuel Additives: Gasoline and Diesel Fuel Test Methods (Alternative Test Method for Olefins in Gasoline) 2060-AP17

Revision to Definition of Volatile Organic Compounds—Exclusion of Methyl Iodide 2060-AP22 Implementation of the 2010 National Ambient Air Quality Standard for Ozone, Waiver of Stage II Vapor Recovery Requirements and Anti-Backsliding Requirements for the Section 185 Fee Program 2060-AP24

NESHAP Subpart W: Standards for Radon Emissions From Operating Uranium Mill Tailings: Review 2060-AP26
NSPS Equipment Leaks (Subpart VV SOCMI and GGG Petroleum Refineries); Amendments 2060-AP34 In-Use Emissions Testing for Nonroad Diesel Engines and Amendments to General Compliance Provisions for Nonroad Engines 2060-AP41

National Emission Standards for Hazardous Air Pollutants for Coal- and Oil-Fired Electric Utility Steam Generating Units 2060-AP52
Control of Greenhouse Gas Emissions From Medium and Heavy-Duty Vehicles 2060-AP61
Emissions Factors Program Improvements 2060-AP63
Alternative Work Practices for Leak Detection and Repair, Amendments 2060-AP66 Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Reasonable Possibility in Recordkeeping; Reconsideration 2060-AP71

Proposal to Revise the Interpollutant Trading Policy for PM2.5 Offsets 2060-AP72
Oil and Natural Gas Sector—New Source Performance Standards, National Emission Standards for Hazardous Air Pollutants, and Control Techniques Guidelines 2060-AP76

NESHAP Standard Standards for Petroleum Refineries—Heat Exchangers 2060-AP84
Federal Reference Method for Lead in Total Suspended Particulate Matter 2060-AP89
Protection of Stratospheric Ozone: The 2011 Critical Use Exemption From the Phaseout of Methyl Bromide 2060-AP92

Revision of New Source Performance Standards for New Residential Wood Heaters 2060-AP93 National VOC Emission Standards for Architectural Coatings; Amendments 2060-AP94

Malfunction Amendments to Part 63 Standards 2060-AP96
National Emission Standards for Hazardous Air Pollutants for Elemental Phosphorous Production 2060-AP97
Revisions to Test Methods and Testing Regulations 2060-AQ01
Determination of Confidential Business Information Collected Under the GHG Mandatory Reporting Program 2060-AQ04 Revisions to In-Use Testing for Heavy-Duty Diesel Engines and Vehicles; Emissions Measurement and Instrumentation; Not-to-Exceed Emission Standards; and Technical Amendments for Off-Highway Engines 2060-AQ05

RACT Issues for Implementation of the 1997 PM2.5 and Ozone NAAQS 2060-AQ07
Review of New Source Performance Standards for Nitric Acid Plants—Subpart G 2060-AQ10 Regulation to Prevent the Misfueling of Vehicles and Engines With Gasoline Containing Greater Than Ten Volume Percent Ethanol and Modifications to the Reformulated and Conventional Gasoline Programs 2060-AQ17

New Source Performance Standards (NSPS) Review for Petroleum Refineries (Subpart J)—Response to Reconsideration—Other Issues 2060-AQ28

Stationary Combustion Turbine NSPS Amendments to Address UARG Reconsideration Petition 2060-AQ29
New Source Performance Standards for Electric Utility and Industrial-Commercial-Institutional Steam Generating Units 2060-AQ37 Revision to Definition of Volatile Organic Compounds—Exclusion of trans 1,3,3,3-tetrafluoropropene and 2,3,3,3- tertrafluoropropene 2060-AQ38Protection of Stratospheric Ozone: Extension of Global Laboratory and Analytical Use Exemption for Essential Class I Ozone Depleting Substances 2060-AQ39
NESHAP Risk and Technology Review for Pulp and Paper Industry and Chemical Recovery Combustion Sources, and NSPS Review for Kraft Pulp Mills 2060-AQ41
Risk and Technology Review NESHAP for Shipbuilding and Ship Repair (Surface Coating) and Wood Furniture Manufacturing 2060-AQ42

Residual Risk and Technology Review: Primary Lead Smelting 2060-AQ43
Review of the National Ambient Air Quality Standards for Lead 2060-AQ44 Direct Final Amending Monitoring Requirements of the New Source Performance Standards (NSPS) for Steam Generating Units 2060-AQ46
Reconsideration of the Inclusion of Fugitive Emissions in the Prevention of Significant Deterioration and Nonattainment New Source Review 2060-AQ47

Revision to the Clean Air Fine Particle Implementation Rule 2060-AQ48

Air and Radiation - Final Rule

Title Regulation Identifier Number Quality Assurance Requirements for Continuous Opacity Monitoring Systems 2060-AH23
Review of New Sources and Modifications in Indian Country 2060-AH37 Inspection/Maintenance Program Requirements for Federal Facilities; Amendment to the Final Rule 2060-AI97 Modification of the Anti-Dumping Baseline Date Cut-Off Limit for Data Used in Development of an Individual Baseline 2060-AJ82 Protection of Stratospheric Ozone: Listing of Substitutes for Ozone-Depleting Substances: N-Propyl Bromide 2060-AK26
NESHAP: General Provisions; Amendments for Pollution Prevention Alternative Compliance Requirements 2060-AK54 Anti-Dumping Baseline Recalculation for Downstream Oxygenate Addition 2060-AK69
National Emission Standards for Hazardous Air Pollutants for Area Sources: Industrial, Commercial, and Institutional Boilers 2060-AM44
Protection of Stratospheric Ozone: Listing of Substitutes in the Motor Vehicle Air Conditioning Sector Under the Significant New Alternatives Policy (SNAP) Program 2060-AM54

Component Durability Procedures for New Light Duty Vehicles, Light Duty Trucks & Heavy Duty Vehicles 2060-AN01 Commercial and Industrial Solid Waste Incineration Units; Response to Remand of New Source Performance Standards and Emission Guidelines 2060-AO12

Revision of Hearing—Protector Regulations 2060-AO25 Amendment of Definitions for National Emissions Standards for Hazardous Pollutants for Radionuclides, Subparts H and I 2060-AO31
Addition of Method 208, Protocol for the Source Testing, Analysis, and Reporting of VOC Emissions From Hot Mix Asphalt Plant Dryers 2060-AO51

National Emission Standards for Hazardous Air Pollutants: Appendix A—Test Methods; Amendments to Method 301 2060-AO53

Methods for Measurement of Filterable PM10 and PM2.5 and Measurement of Condensable Particulate Matter Emissions From Stationary Sources 2060-AO58
NESHAP: Chromium Electroplating and Chromium Anodizing Tanks; Group I Polymers and Resins; Marine Tank Vessel Loading Operations; Pharmaceuticals Production; Printing and Publishing; and Steel Picklin 2060-AO91
Implementation of the 1997 8-Hr Ozone NAAQS: Classification of Subpart 1 Areas and Revision to Anti-Backsliding Provisions; Deletion of Obsolete 1-Hr Ozone Standard Provisions. 2060-AO96

Revisions to Test Method for Determining Stack Gas Velocity Taking Into Account Velocity Decay Near the Stack Walls 2060-AP08 Protection of Stratospheric Ozone: New Substitute in the Motor Vehicle Air Conditioning Sector Under the Significant New Alternatives Policy (SNAP) Program 2060-AP11

Waste Energy Recovery Registry 2060-AP14 Ambient Ozone Monitoring Regulations: Revisions to Network Design Requirements 2060-AP15
NESHAP: Gasoline Distribution; Amendments—Area Source Standard 2060-AP16 Restructuring of the Stationary Source Audit Program 2060-AP23 Implementation of the 1997 8-Hour Ozone National Ambient Air Quality Standard: NSR Anti-Backsliding 2060-AP30 Air Quality Designations and Classifications for the 2008 Ozone National Ambient Air Quality Standards 2060-AP37 National Emissions Standard for Hazardous Air Pollutants for Gold Mine Ore Processing 2060-AP48
Transport Rule (CAIR Replacement Rule) 2060-AP50 Protection of Stratospheric Ozone: Listing of Substitutes for Ozone-Depleting Substances-Hydrocarbon Refrigerants 2060-AP54 Transportation Conformity Rule Restructuring Amendments 2060-AP57Clean Alternative Fuel Vehicle and Engine Conversions 2060-AP64 Compression Ignition Engine NSPS—Amendments 2060-AP67 Implementation of the New Source Review Program for Particulate Matter Less Than 2.5 Micrometers--Repeal of Grandfathering Provision and End Early the PM10 Surrogate Policy 2060-AP75

Revision to Pb Ambient Air Monitoring Requirements 2060-AP77 Reconsideration of the Prevention of Significant Deterioration and Nonattainment New Source Review NSR: Aggregation 2060-AP80 Carbon Dioxide Injection and Geologic Sequestration Reporting Rule 2060-AP88 NSPS/Emission Guidelines (EG) for Sewage Sludge Incinerators 2060-AP90
Reconsideration of the 2008 Ozone Primary and Secondary National Ambient Air Quality Standards 2060-AP98 Petroleum and Natural Gas Systems Greenhouse Gas Reporting Rule 2060-AP99 Greenhouse Gas Reporting Rule for Additional Sources of Fluorinated GHGs 2060-AQ00
Corporate Parent and NAICS Code in the Greenhouse Gas Mandatory Reporting Rule Requirements 2060-AQ02 Amendments to the Protocol Gas Verification Program, and Minimum Competency Requirements for Air Emission Testing 2060-AQ06
Action to Ensure Authority to Issue Permits Under the Prevention of Significant Deterioration Program to Sources of Greenhouse Gas Emissions: Finding of Substantial Inadequacy and SIP Call 2060-AQ08

Revisions to Motor Vehicle Fuel Economy Label 2060-AQ09
2011 Renewable Fuel Volume Standards as Required by Energy Independence and Security Act of 2007 (EISA) 2060-AQ16 Standards of Performance for New Stationary Sources and Emissions Guidelines for Existing Sources: Hospital/Medical/Infectious Waste Incinerators; Amendments 2060-AQ24

National Emission Standards for Hazardous Air Pollutants for Major Sources: Industrial, Commercial, and Institutional Boilers and Process Heaters 2060-AQ25

Remaining Air Quality Designations for the 2006 24-Hour Fine Particle National Ambient Air Quality Standards 2060-AQ30
Regulation of Fuels and Fuel Additives: Modifications to Renewable Fuel Standard Program 2060-AQ31
Revision of Certain Provisions of the Mandatory Reporting of Greenhouse Gases Rule 2060-AQ33 Technical Corrections, Clarifying and Other Amendments to Certain Provisions of the Mandatory Greenhouse Gas Reporting Rule 2060-AQ34

Supplemental Determinations for Renewable Fuels Produced Under the Final RFS2 Program From Palm Oil 2060-AQ36 Action to Ensure Authority to Issue Permits Under the "Prevention of Significant Deterioration Program to Sources of Greenhouse Gas Emissions" Federal Implementation Plan 2060-AQ45

Supplemental Determination for Renewable Fuels Produced Under the Final RFS2 Program From Pulpwood 2060-AQ49 Performance Specification 4C—Specifications and Test Procedures for Low-Level Carbon Monoxide Continuous Emission Monitoring Systems in Stationary Sources 2060-AQ51
Technical Corrections, Clarifying and Other Amendments to Certain Provisions of the Mandatory Greenhouse Gas Reporting Rule 2060-AQ53

Air and Radiation - Long-term Action

Title Regulation Identifier Number
NSPS: SOCMI--Wastewater and Amendments 2060-AE94 Performance Specifications for Continuous Parameter Monitoring Systems 2060-AJ86
National Emission Standards for Hazardous Air Pollutants for Stationary Combustion Turbines—Petition To Delist 2060-AK73
Petition to Delist Hazardous Air Pollutant: 4,4'-Methylene Diphenyl Diisocyanate 2060-AK84 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") 2060-AL84

Protection of Stratospheric Ozone: Process for Exempting Emergency Uses of Methyl Bromide 2060-AL94
NSPS for Municipal Solid Waste Landfills 2060-AM08
Petition to Delist a Hazardous Air Pollutant From Section 112 of the Clean Air Act: Methyl Isobutyl Ketone (MIBK) 2060-AM20 Protection of Stratospheric Ozone: Certification of Recovery and Recovery/Recycling Equipment Intended for Use With Substitute Refrigerants 2060-AM49
Protection of Stratospheric Ozone: Modifications to the Technician Certification Requirements Under Section 608 of the Clean Air Act 2060-AM55

NESHAP: General Provisions (Once In Always In)—Amendments 2060-AM75 NESHAP: Taconite Iron Ore Processing; Amendments 2060-AM87 Protection of Stratospheric Ozone: Revision to Listing of Carbon Dioxide Total Flooding Fire Extinguishing Systems Restricting Use to Only Unoccupied Areas 2060-AN30NESHAP: Site Remediation Amendments—Response to Litigation 2060-AN36
Federal Plan Requirements for Other Solid Waste Incineration Units Constructed on or Before December 9, 2004 2060-AN43 Requirements for Reformulated Gasoline (RFG) Under the 8-Hour Ozone Standard for Bump-Up Areas Designated Attainment for the 1-Hour Ozone Standard Prior to Revocation 2060-AN63

Petroleum Refineries—New Source Performance Standards (NSPS)—Subparts J and Ja 2060-AN72 Improving Implementation of the Operating Permit Rules in Response to CAAA Committee Recommendations 2060-AN93 NESHAP: Miscellaneous Organic Chemical Manufacturing—Amendments 2060-AO07
Petroleum Refinery Residual Risk Standards 2060-AO55
Protection of Stratospheric Ozone: Labeling of Products Using HCFCs 2060-AO68
Protection of the Stratospheric Ozone: Motor Vehicle Air Conditioning System Servicing 2060-AO75
Risk and Technology Review Phase II Group 3 2060-AO97
Prevention of Air Pollution Emergency Episodes 2060-AP00 Remand of Halogenated Solvent Cleaning Final Residual Risk Rule 2060-AP07 Response to Section 126 Petition From Warrick County, Indiana and the Town of Newburgh, Indiana 2060-AP21
NESHAP: Group I and IV Polymers and Resins: Amendments 2060-AP25
Review of the National Ambient Air Quality Standards for Ozone 2060-AP38 Revision: Health and Environmental Protection Standards for Uranium and Thorium Mill Tailings and Uranium In Situ Leaching Processing Facilities 2060-AP43

Response to Section 126 Petition From North Carolina 2060-AP51
Response to Section 126 Petition From Delaware 2060-AP60 Implementing the 1997 8-Hour Ozone NAAQS: Section 185 Penalty Fee Provisions 2060-AP68
NESHAP: Brick and Structural Clay Products and Clay Products 2060-AP69 Lead Emissions From Piston-Engine Aircraft Using Leaded Aviation Gasoline 2060-AP79
Risk and Technology Review for Ferroalloys Production 2060-AQ11 Residual Risk and Technology Review Amendments to the Phosphoric Acid and Phosphate Fertilizer Production NESHAPs 2060-AQ20

Method 16C for the Determination of Total Reduced Sulfur Emissions From Stationary Sources 2060-AQ23
Residual Risk and Technology Review Amendments to the Secondary Aluminum Production NESHAP 2060-AQ40

Air and Radiation - Completed Action

Title Regulation Identifier Number Revisions to the General Conformity Regulations 2060-AH93
Evaluation of Updated Test Procedures for the Certification of Gasoline Deposit Control Additives 2060-AJ61 Control of Air Pollution From New Motor Vehicles and New Motor Vehicle Engines: SAFETEA-LU HOV Facilities Rule 2060-AN68

NESHAP: Portland Cement Notice of Reconsideration and NSPS for Portland Cement 2060-AO15 Prevention of Significant Deterioration for PM2.5—Increments, Significant Impact Levels, and Significant Monitoring Concentrations 2060-AO24

Control of Emissions From New Marine Compression—Ignition Engines At or Above 30 Liters per Cylinder 2060-AO38

Review of New Source Performance Standards—Portland Cement 2060-AO42
Review of the Primary National Ambient Air Quality Standard for Sulfur Dioxide 2060-AO48 Regulation of Fuels and Fuel Additives: Alternative Affirmative Defense Requirements for Ultra-Low Sulfur Diesel and Gasoline Benzene Technical Amendment 2060-AO71
National Emission Standards for Hazardous Air Pollutants for Chromium Electroplating, Chromium Anodizing, and Steel Pickling Residual Risk and Technology Review 2060-AO92

Transportation Conformity PM2.5 and PM10 Amendments 2060-AP29 EPA/NHTSA Joint Rulemaking to Establish Light-Duty Greenhouse Gas Emission Standards and Corporate Average Fuel Economy Standards 2060-AP58

Protection of Stratospheric Ozone: Allocation of Essential Use Allowances for Calendar Year 2010 2060-AP59
Protection of Stratospheric Ozone: The 2010 Critical Use Exemption From the Phaseout of Methyl Bromide 2060-AP62 Air Quality Designations for the 2008 Lead National Ambient Air Quality Standards 2060-AP78 Prevention of Significant Deterioration/Title V Greenhouse Gas Tailoring Rule 2060-AP86Requirements for Control Technology Determinations for Major Sources in Accordance With Clean Air Act Sections, Sections 112(g) and 112(j) 2060-AP91

National Emission Standards for Hazardous Air Pollutant Emissions: Group I Polymers and Resins 2060-AP95 Regulation To Establish Mandatory Reporting of GHGs From Industrial Landfills, Wastewater, Underground Coal Mines, and Magnesium Production 2060-AQ03

Tier II Light-Duty Vehicle and Light-Duty Truck Emission Standards and Gasoline Sulfur Standards 2060-AQ12 National Emission Standards for Hazardous Air Pollutants for Reciprocating Internal Combustion Engines—Existing Stationary Spark Ignition (Gas-Fired) 2060-AQ13

National Emission Standards for Hazardous Air Pollutants: Area Source Standards for Paints and Allied Products Manufacturing; Direct Final 2060-AQ14

Minor Harmonizing Changes to General Provisions of the GHG Mandatory Reporting Rule 2060-AQ15
Technical Amendments for Marine Spark-Ignition Engines and Vessels 2060-AQ18 Implementation of the New Source Review Program for Particulate Matter (PM) Less Than 2.5 Micrometers—Final Rule to End NSR Transition Period for Condensable PM 2060-AQ21
National Emission Standards for Hazardous Air Pollutants: Area Source Standards for Prepared Feeds Manufacturing– Amendment 2060-AQ26

Supplemental Determination for Renewable Fuels Produced Under the Final RFS2 Program From Canola Oil 2060-AQ35
Reconsideration of the 2008 Secondary National Ambient Air Quality Standards for Ozone 2060-AQ50
Extension of Deadline for Action on Section 126 Petition From New Jersey 2060-AQ52

Office of Prevention, Pesticides and Toxic Substances - Proposed Rule

Title Regulation Identifier Number TSCA Inventory Nomenclature for Enzymes and Proteins 2070-AJ04 Certain Polybrominated Diphenyl Ethers (PBDEs); Test Rule and Significant New Use Rule (SNUR) 2070-AJ08
Prions; Amendment of EPA’s Regulatory Definition of Pests to Include Prion 2070-AJ26
Pesticides; Data Requirements for Plant-Incorporated Protectants (PIPs) and Certain Exemptions for PIPs 2070-AJ27 Regulations To Facilitate Compliance With the Federal Insecticide, Fungicide, and Rodenticide Act by Producers of Plant-Incorporated Protectants (PIPs) 2070-AJ32

Pesticides; Reconsideration of Exemptions for Insect Repellents 2070-AJ45 Mercury; Regulation of Use in Certain Products 2070-AJ46
Nanoscale Materials; Test Rule for Certain Nanoscale Materials 2070-AJ47 Electronic Reporting of Chemical Import Data in the Automated Commercial Environment (ACE) 2070-AJ50 Mercury; Incorporation of Revised ASTM Standards Into EPA Regulations That Provide Flexibility in the Use of Alternatives to Mercury-Containing Thermometers 2070-AJ51

Significant New Use Rule for Glymes 2070-AJ52 Pesticides; Regulation to Clarify Labeling of Pesticides for Export 2070-AJ53 Nanoscale Materials; Reporting Under TSCA Section 8(a) 2070-AJ54 Pesticides; Satisfaction of Data Requirements; Minor Revisions to the Procedures to Ensure Protection of Data Submitters' Rights 2070-AJ58

Pesticides; Clarifying Changes to Labeling 2070-AJ61 TSCA Reporting Requirements; Minor Revisions 2070-AJ63 General Exemptions From Reporting Requirements for Microorganisms; Revisions of Recipient Organisms Eligible for Tier I and Tier II Exemptions 2070-AJ65

High Production Volume Chemicals; 4th Group of Chemicals; Test Rule and Significant New Use Rule 2070-AJ66 Nanoscale Materials; Significant New Use Rule (SNUR) 2070-AJ67 TSCA Inventory; Clarification for Chemical Identification Describing Statutory Mixtures, Including Ceramic Materials, Cements, and Frits for TSCA Inventory Purposes 2070-AJ68

TSCA Chemicals of Concern List Under Section 5(b)(4) of the Toxic Substances Control Act 2070-AJ70 Mercury; Significant New Use Rule; Elemental Mercury Used in Barometers, Manometers, and Hygrometers/Psychrometers 2070-AJ71

Significant New Use Rule (SNUR); Di-n-pentyl Phthalate (DnPP) 2070-AJ73 Electronic Reporting for Health and Safety Data Under the Toxic Substances Control Act (TSCA) 2070-AJ75 Revisions to EPA's Rule on Protections for Subjects in Human Research Involving Pesticides 2070-AJ76 Synchronizing the Expiration Dates of EPA Pesticide Applicator Certificates With the Underlying State or Tribal 2070-AJ77Applicator Certificate Significant New Use Rule (SNUR); Benzidine-Based Dyes 2070-AJ78
Pesticides; Revisions to Minimum Risk Exemptions 2070-AJ79
Pesticides; Clarifications for Microbial Pesticide Definitions and Applicability 2070-AJ80 Short-Chained Chlorinated Paraffins (SCCPs); Significant New Use Rule (SNUR) 2070-AJ81

Office of Prevention, Pesticides and Toxic Substances - Final Rule

Title Regulation Identifier Number Follow-Up Rules on Existing Chemicals 2070-AA58 Significant New Use Rules (SNURs); Follow-Up Rules on Non-5(e) New Chemical Substances 2070-AA59 Significant New Use Rule (SNUR); Chemical-Specific SNURs To Extend Provisions of Section 5(e) Orders 2070-AB27 Groundwater and Pesticide Management Plan Rule 2070-AC46
High Production Volume (HPV) Chemicals; Testing of Certain Chemicals 2070-AD16
Pesticides; Data Requirements for Antimicrobials 2070-AD30 Plant Incorporated Protectants (PIPs); Exemption for Those Derived Through Genetic Engineering From Sexually Compatible Plants 2070-AD55

Plant Incorporated Protectants (PIPs); Exemption for PIPs That Act by Primarily Affecting the Plant 2070-AD56 Pesticides; Expansion of Crop Grouping Program 2070-AJ28 TSCA Inventory Update Reporting Modifications 2070-AJ43 Lead; Clearance and Clearance Testing Requirements for the Renovation, Repair, and Painting Program 2070-AJ57
Mercury Export Ban Act (MEBA); Essential Use Exemption Instructions 2070-AJ60
Revision to Compliance Date for Pesticide Container/Containment Rule 2070-AJ74

Office of Prevention, Pesticides and Toxic Substances - Long-term Action

Title Regulation Identifier Number TSCA Section 8(a) Preliminary Assessment Information Rules 2070-AB08 TSCA Section 8(d) Health and Safety Data Reporting Rules 2070-AB11 Testing of Existing Chemicals (Overview Entry for Future Needs) 2070-AB94 Lead Fishing Sinkers; Manufacturing, Processing, and Distribution in Commerce 2070-AC21
Significant New Use Rule (SNUR); Refractory Ceramic Fibers (RCFs) 2070-AC37

Asbestos Model Accreditation Plan Revisions 2070-AC51 Lead-Based Paint Activities; Bridges and Structures; Training, Accreditation, and Certification Rule and Model State Plan Rule 2070-AC64

Pesticides; Registration Requirements for Antimicrobial Pesticide Products 2070-AD14 Test Rule; Multiple Substance Rule for the Testing of Developmental and Reproductive Toxicity 2070-AD44
Plant Incorporated Protectants (PIPs); Exemption for those Based on Viral Coat Protein Genes 2070-AD49 Lead-Based Paint; Amendments to the Requirements for Disclosure of Known Lead-Based Paint or Lead-Based Paint Hazards in Target Housing 2070-AD64

Testing Agreement for Aryl Phosphates (ITC List 2) 2070-AJ07
Pesticides; Certification of Pesticide Applicators 2070-AJ20 Pesticides; Agricultural Worker Protection Standard Revisions 2070-AJ22
Pesticides; Tolerance Processing Fees 2070-AJ23 Significant New Use Rule for Chloranil 2070-AJ31
Test Rule; Nonylphenol (NP) and its Ethoxylates (NPE) 2070-AJ34
Polychlorinated Biphenyls (PCBs); Reassessment of Use Authorizations 2070-AJ38 Polychlorinated Biphenyls (PCBs); Placeholder for Petitions Seeking a Manufacturing (Import) Exemption for Use 2070-AJ39
Formaldehyde Emissions From Pressed Wood Products 2070-AJ44
Pesticides; Data Requirements for Product Performance 2070-AJ49Lead; Renovation, Repair, and Painting Program for Public and Commercial Buildings 2070-AJ56
Pesticides; Public Availability of Identities of Inert Ingredients in Pesticides 2070-AJ62
Lead Wheel Weights; Regulatory Investigation 2070-AJ64 Short-Chained Chlorinated Paraffins (SCCPs); Regulation(s) Under TSCA 2070-AJ69 Long-Chain Perfluorinated Chemicals (LCPFCs); Regulation(s) Under TSCA 2070-AJ72
Lead; Residential Lead Dust Hazard Standards 2070-AJ82

Office of Prevention, Pesticides and Toxic Substances - Completed Action

Title Regulation Identifier Number Test Rule; Certain Chemicals on the ATSDR Priority List of Hazardous Substances 2070-AB79 Testing of Certain Hazardous Air Pollutants (HAPs) 2070-AC76
TSCA Policy Statement on Oversight of Transgenic Organisms (Including Plants) 2070-AD53 Effects of Transfers of Ownership on Obligations Under Section 5 of TSCA 2070-AJ15 Pesticide Agricultural Container Recycling Program 2070-AJ29 Mercury; Significant New Use Rule for Elemental Mercury in Flow Meters, Manometers, and Pyrometers 2070-AJ36 Lead; Amendment to the Opt-Out and Recordkeeping Provisions in the Renovation, Repair, and Painting Program 2070-AJ55 Amendments to the Procedural Rules for Enforceable Consent Agreements (ECAs) 2070-AJ59

Office of the Administrator - Completed Action

Title Regulation Identifier Number Age Discrimination Regulations—EPA-Assisted Programs—Age Discrimination Act of 1975 2090-AA37

Environmental Protection Agency (EPA) Regional Office Dallas ( RODALLAS ) RIN: 2006-AA00

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Title: Oklahoma Regional Haze Federal Implementation Plan (FIP) Abstract: EPA is under a consent decree with Wild Earth Guardians to either propose approval of a State Implementation Plan (SIP), or propose approval of a Federal Implementation Plan (FIP), or some combination to satisfy the visibility prong of the transport requirements for Oklahoma under section 110(a)(2)(D)(i) of the Clean Air Act (CAA) by November 10, 2010, with a final decision by May 10, 2011. EPA's plan is to satisfy that requirement using the Regional Haze SIPs. The agency currently has a Regional Haze SIP that was submitted by Oklahoma. However, EPA expects to propose disapproval of the SIP on grounds that it does not include Sulfur dioxide (SO2) controls for six coal fired power plants. The Oklahoma SIP did not require SO2 controls based on the company's projections of the expected cost of the controls. In the analysis submitted by Oklahoma in their Regional Haze SIP revision, they determined that the installation of the scrubbers would be technologically feasible, and the only factor leading them to their decision to not require the installation of these scrubbers at the 6 power plants in question is cost-effectiveness. However, EPA's internal analysis indicates the power company's cost estimates were too high. Based on our preliminary assessment of Oklahoma’s cost analysis for the six SO2 scrubbers, Oklahoma’s Regional Haze SIP is not approvable. The ultimate decision of cost effectiveness is made by EPA. Should EPA conclude, in the final decision, that the controls are in fact cost effective and should be installed, the agency is obligated to promulgate its own plan—a FIP that would require those controls. EPA estimates, based on 90% control and using 2006-2008 data, that the installations of scrubbers on the six coal fired power plant units would prevent 58,768 tons of SO2 from being emitted annually. The total SO2 emission budget for Oklahoma, based on 2002 data (most recent available) is 170,021 tons. Therefore, the scrubber installations would reduce by about 35 percent Oklahoma's annual SO2 emissions. It is believed that these controls would result in substantial visibility benefits at several Class I areas. This amount of SO2 reduction would also have significant health benefits to the citizens of Oklahoma and adjoining areas.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: Undetermined CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: Not Yet Determined Legal Deadline:
Action Source Description DateNPRM Judicial Court-ordered consent decree deadline for proposed rule is November 10, 2010. 11/10/2010

Other Judicial Court-ordered consent decree deadline for final rule is May 10, 2011. 05/10/2011

Timetable:
Action Date FR Cite
NPRM 12/00/2010
Final Action 05/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; State Small Entities Affected: No Federalism: No Energy Affected: Undetermined Agency Contact: Guy Donaldson Environmental Protection Agency Regional Office Dallas 6PD-L Dallas , TX 75223 Phone: 214 665-7242 E-Mail: Donaldson.Guy@epamail.epa.gov Agency Contact: Joe Kordzi Environmental Protection Agency Regional Office Dallas 6PD-L Dallas , TX 75223 Phone: 214 665-7186 E-Mail: Kordzi.Joe@epamail.epa.gov

Environmental Protection Agency (EPA) Regional Office San Francisco ( ROSANFRAN ) RIN: 2009-AA04

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Title: Regulation To Establish No Discharge Zone in California State Waters Under CWA 312(f)(4)(A) Abstract: Based upon a 2005 California law, the State Water Resources Control Board asked EPA to designate California waters as a No Discharge Zone (NDZ) for sewage from cruise ships and ocean-going vessels with adequate holding capacity. The State, local environmental groups, and California delegation all strongly support establishment of such an NDZ, as it would offer additional water quality protection to the California coast. There are two novel aspects of this proposed NDZ. All existing NDZs prohibit all sewage from all vessels; however, the California request applies to only a subset of all vessels. No existing NDZ established under 312(f)(4)(A) applies to all state waters either. Only two NDZs have been established under 312(f)(4)(A): Minnesota Boundary Waters Canoe Area and Florida Keys National Marine Sanctuary.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 140 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: CWA 312(f)(4)(A) Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 09/02/2010 75 FR 53914 NPRM Comment Period End 11/01/2010
Final Action 01/00/2011

Additional Information: SAN No. 5413

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Allan Ota Environmental Protection Agency Regional Office San Francisco

San Francisco , CA 94105Phone: 415 972-3476 E-Mail: ota.allan@epamail.epa.gov

Environmental Protection Agency (EPA) Office of General Council ( OGC ) RIN: 2015-AA00

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Title: Revision of Procedural Rules for Hearings on Cancellations, Suspensions, Changes in Classifications, and Denials of Pesticide Registrations Abstract: EPA is preparing a 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 35 years, Congress has substantially amended FIFRA, creating a number of additional types of licensing adjudications which are not expressly provided for in the existing Rules of Practice. In order to include provisions tailored to these new types of proceedings, and to incorporate the standard practices which have evolved and the precedents which have been established since these rules were first promulgated, EPA intends to revise the FIFRA Rules of Practice.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 164 (Revision) (To search for a specific CFR, visit the Code of Federal Regulations ) 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) Legal Deadline: None

Timetable:
Action Date FR Cite Final Action 00/00/0000
NPRM 08/00/2011

Additional Information: Previous listed as RIN 2020-AA44.

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Sectors Affected: 111; 112; 32532 Related RINs: Previously Reported as 2020-AA44 Agency Contact: Scott Garrison Environmental Protection Agency Office of General Council 2333A Washington , DC 20460 Phone: 202 564-4047 FAX: 202 564-5644 E-Mail: Garrison.Scott@epamail.epa.gov Agency Contact: Robert Perlis Environmental Protection Agency Office of General Council 2333A Washington , DC 20460 Phone: 202 564-5636 FAX: 202 564-5644 E-Mail: perlis.robert@epamail.epa.gov

Environmental Protection Agency (EPA) Office of General Council ( OGC ) RIN: 2015-AA01

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Title: Supplemental Standards of Ethical Conduct for Employees of the Environmental Protection Agency Abstract: The Environmental Protection Agency will, with the concurrence of the Office of Government Ethics (OGE), revise the Supplemental Standards of Ethical Conduct for Employees of the Environmental Protection Agency (regulation) at 5 CFR Part 6401. The regulation supplements the Standards of Ethical Conduct for Employees of the Executive Branch (Standards)issued by OGE. The revisions to the regulation are necessary to update, clarify, and address ethical issues unique to EPA employees. The regulation prohibits certain EPA employees from holding certain financial interests, including compensated outside employment with certain persons; and it requires EPA employees to obtain prior approval to engage in certain categories of outside employment.

Priority: Info./Admin./Other Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 5 CFR 6401(Revision) (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 5 USC 7301 Legal Deadline: None

Timetable:
Action Date FR Cite Final Action 12/00/2010

Additional Information: SAN No. 5291.

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Jennie Keith Environmental Protection Agency Office of General Council 2310A Washington , DC 20460 Phone: 202 564-3412 E-Mail: Keith.Jennie@epamail.epa.gov Agency Contact: Justina Fugh Environmental Protection Agency Office of General Council 2310A Washington , DC 20460 Phone: 202 564-1786 E-Mail: fugh.justina@epa.gov

Environmental Protection Agency (EPA) Office of Enforcement and Compliance Assurance ( OECA ) RIN: 2020-AA47

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Title: NPDES Electronic Reporting Rule Abstract: The U.S. Environmental Protection Agency (EPA) has responsibility to ensure that the Clean Water Act’s (CWA) National Pollutant Discharge Elimination System (NPDES) program is effectively and consistently implemented across the country. This regulation would identify the essential information that EPA needs to receive electronically, primarily from NPDES permittees with some data required from NPDES agencies (NPDES-authorized States, territories, and tribes) to manage the national NPDES permitting and enforcement program. Through this regulation, EPA seeks to ensure that such facility-specific information would be readily available, accurate, timely, and nationally consistent on the facilities that are regulated by the NPDES program. In the past, EPA primarily obtained this information from the Permit Compliance System (PCS). However, the evolution of the NPDES program since the inception of PCS has created an increasing need to better reflect a more complete picture of the NPDES program and the diverse universe of regulated sources. In addition, information technology has advanced significantly so that PCS no longer meets EPA’s national needs to manage the full scope of the NPDES program or the needs of individual States that use PCS to implement and enforce the NPDES program.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 123, 403, and 501 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: CWA secs 304(i) and 501(a), 33 USC 1314(i) and 1361(a) Legal Deadline: None

Regulatory Plan: Statement of Need: As the NPDES program and information technology have evolved in the past several decades, the Permit Compliance System (PCS), EPA's NPDES national data system, which has been in use since 1985, has becomeincreasingly ineffective in meeting the full scope of EPA's and individual State's needs to manage, direct, oversee, and report on the implementation and enforcement of the NPDES program. Therefore, a NPDES component of EPA's existing Integrated Compliance Information System (ICIS), ICIS-NPDES, was designed and constructed based upon EPA and State input to manage data for the full breadth of the NPDES program. This rulemaking would identify essential NPDES-specific information EPA needs to receive from NPDES agencies (authorized States and tribes, as well as EPA Regions). This information will be managed by EPA in a format compatible with the new NPDES component of the Integrated Compliance Information System (ICIS) in order to better enable EPA to ensure the protection of public health and the environment, effectively manage the national NPDES permitting and enforcement program, identify and address environmental problems, and ultimately replace PCS. This action would be of interest primarily to NPDES permittees, NPDES-authorized states, and to the public at large, which would ultimately have increased access to this NPDES information.

Legal Basis: In 1972, Congress passed the Clean Water Act to "restore and maintain the chemical, physical, and biological integrity of the Nation's waters." 33 U.S.C. 1251(a). The Clean Water Act established a comprehensive program for protecting and restoring our Nation’s waters. The Clean Water Act prohibits the discharge of pollutants from a point source to waters of the United States except when authorized by a National Pollutant Discharge Elimination System (NPDES) permit. The Clean Water Act established the NPDES permit program to authorize and regulate the discharges of pollutants to waters of the United States. EPA has issued comprehensive regulations that implement the NPDES program at 40 CFR parts 122 to 125, 129 to 133, 136, and subpart N. Under the NPDES permit program, point sources subject to regulation may discharge pollutants to waters of the United States subject to the terms and conditions of an NPDES permit. With very few exceptions (40 CFR 122.3), point sources require NPDES permit authorization to discharge, including both municipal and industrial discharges. NPDES permit authorization may be provided under an individual NPDES permit, which is developed after a process initiated by a permit application (40 CFR 122.21), or under a general NPDES permit, which, among other things, applies to one or more categories of dischargers (e.g., oil and gas facilities, seafood processors) with the same or substantially similar types of operations and the same effluent limitations, operating conditions, or standards for sewage sludge use or disposal [40 CFR 122.28(a)(2)]. The U.S. Environmental Protection Agency has the primary responsibility to ensure that the NPDES program is effectively and consistently implemented across the country, thus ensuring that public health and environmental protection goals of the CWA are met. Many States and some territories have received authorization to implement and enforce the NPDES program, and EPA works with its State partners to ensure effective program implementation and enforcement. CWA section 304(i)(2) directs EPA to promulgate guidelines establishing the minimum procedural and other elements of a State, territory, or tribal NPDES program, including monitoring requirements, reporting requirements (including procedures to make information available to the public), enforcement provisions, and funding, personnel qualifications, and manpower requirements [CWA section 304(i)(2)]. EPA published NPDES State, territory, and tribal program regulations under CWA section 304(i)(2) at 40 CFR part 123. Among other things, the part 123 regulations specify NPDES program requirements for permitting, compliance evaluation programs, enforcement authority, sharing of information, transmission of information to EPA, and noncompliance and program reporting to EPA. This proposed rulemaking may add some specificity to those particular regulations regarding what NPDES information is required to be submitted to EPA by States and may modify other regulations to require electronic reporting of NPDES information by NPDES permittees to the States and EPA.

Alternatives: For this proposed rulemaking, EPA has determined that the need for EPA's receipt of such NPDES information exists. If, for whatever reason, electronic reporting by permittees is not a feasible option for certain NPDES information, the obvious alternative would be for EPA to require States to provide that information to EPA. The States already receive that information from the permittees, and therefore, they have the information that EPA seeks. Within the rulemaking process itself, various alternatives are under consideration based on the feasibility of particular electronic reporting options. For example, EPA may consider establishing requirements for electronic reporting of discharge monitoring reports by NPDES permittees. Under this proposed rulemaking, EPA may consider establishing similar requirements for any or all of the following types of NPDES information: Notices of intent to discharge (for facilities seeking coverage under general permits), permitting information (including permit applications), various program reports (e.g., pretreatment compliance reports from approved local pretreatment programs, annual reports from concentrated animal feeding operations, biosolids reports, sewage overflow incident reports, annual reports for pesticide applicators, annual reports for municipal storm water systems), and annual compliance certifications. Some States might also raise the possibility of supplying only summary-level information to EPA rather than facility-specific information to EPA. Based upon considerable experience, EPA considers such alternative non-facility-specific data to be insufficient to meet its needs, except in very particular situations or reports. One alternative that EPA may consider for rule implementation is whether third-party vendors may be better equipped to develop and modify such electronic reporting tools than EPA.

Costs and Benefits: The economic analysis for this proposed rulemaking has not yet been completed; therefore, the dollar values of estimated costs and benefits are not yet known. However, some generalizations can still be made regarding expectations. EPA anticipates that electronic reporting of discharge monitoring reports (DMRs) by NPDES permittees will provide significant data entry cost savings for States and EPA. These discharge monitoring reports are already required to be submitted by NPDES permittees to States and EPA, which in turn currently enter that information into the State NPDES data system or EPA's national NPDES data system. These discharge monitoring reports contain significant amounts of information regarding pollutants discharged, identified concentrations and quantities of pollutants, discharge locations, etc. Through electronic reporting by permittees, States, and EPA will no longer have associated data entry costs to enter this information. Electronic reporting by NPDES permittees of other NPDES information (such as notices of intent to discharge or various program reports) may also yield considerable data entry savings to the States and EPA. In addition, some States have beenable to quantify savings by the permittees to electronically report their NPDES information using existing electronic reporting tools. Such savings are being examined in the economic analysis process for this rulemaking. Additional benefits of this rule will likely include improved transparency of information regarding the NPDES program, improved information regarding the national NPDES program, improved targeting of resources and enforcement based on identified program needs and noncompliance problems, and ultimately improved protection of public health and the environment. Some NPDES information will need to be reported by States to EPA; therefore, there will be some data entry costs associated with that information, but it will likely be far less than the savings that will be realized by States through electronic reporting by NPDES permittees. In addition, EPA will likely have sizable costs to develop tools for electronic reporting by permittees, as well as operation and maintenance costs associated with those tools.

Risks: Given the scope of this proposed rulemaking, the most significant risks associated with this effort may be those if EPA does not proceed with this rulemaking. At this point, EPA does not receive sufficient NPDES information from the States to be able to fully assess the implementation of the national NPDES program nor the smaller subprograms. Such information is not currently required by EPA from the States, and the lack of such reporting requirements perpetuates this problem. Furthermore, EPA does not have facility-specific information regarding most of the facilities regulated under the NPDES program, and therefore, EPA cannot easily identify potential implementation problems or noncompliance problems. This lack of information may adversely impact EPA's ability to better ensure the protection of public health and the environment, nationally and locally. A potential risk associated with this rule may involve EPA efforts to develop electronic reporting tools for use by permittees. The costs associated with the internal development of such tools, possibly for multiple types of NPDES information from various types of NPDES permittees, and the future costs of operation and maintenance may be substantial for EPA, possibly impacting the availability of funding for other purposes. Furthermore, EPA would also need to determine the feasibility of ensuring that the electronic tools can be flexible enough to meet State needs and work well with State data systems. Problems in the development and maintenance of these electronic tools could pose significant risks for the effective implementation of this rule. Timetable:
Action Date FR Cite Notice--Public Meeting 07/01/2010 75 FR 38068
NPRM 04/00/2011
Final Action 04/00/2012

Additional Information: SAN No. 5251

Regulatory Flexibility Analysis Required: No Government Levels Affected: State Small Entities Affected: No Federalism: Yes Energy Affected: No Agency Contact: Andrew Hudock Environmental Protection Agency Office of Enforcement and Compliance Assurance 2222A Washington , DC 20460 Phone: 202 564-6032 E-Mail: Hudock.Andrew@epamail.epa.gov Agency Contact: John Dombrowski Environmental Protection Agency Office of Enforcement and Compliance Assurance 2222A Washington , DC 20460 Phone: 202 566-0742 E-Mail: Dombrowski.John@epamail.epa.gov

Environmental Protection Agency (EPA) Office of Enforcement and Compliance Assurance ( OECA ) RIN: 2020-AA49

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Title: Technical Corrections to Title 40 To Conform to the Civil Monetary Penalty Inflation Adjustment Rule Abstract: On December 11, 2008, EPA promulgated the 2008 Civil Monetary Penalty Inflation Adjustment Rule (73 FR 75340) to adjust all statutory civil monetary penalties for inflation. This rule was issued pursuant to the Debt Collection Improvement Act (DCIA), which requires each federal agency to adjust statutory penalty amounts under its jurisdiction to account for inflation. During the course of that rulemaking, EPA discovered that certain regulatory provisions of title 40 referred to outdated statutory civil penalty amounts. This rulemaking will amend all regulatory references to specific civil penalty amounts to refer to the operative effective statutory maximum penalty amount reflected in 40 CFR 19.4.

Priority: Info./Admin./Other Agenda Stage of Rulemaking: Long-term ActionMajor: No Unfunded Mandates: No CFR Citation: 40 CFR 19.4 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 31 USC 3701 Legal Deadline: None

Timetable:
Action Date FR Cite Direct Final Action 09/00/2012

Additional Information: SAN No. 5325.

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: David Abdalla Environmental Protection Agency Office of Enforcement and Compliance Assurance 2248A Washington , DC 20460 Phone: 202 564-2413 E-Mail: Abdalla.David@epamail.epa.gov Agency Contact: Susan O'Keefe Environmental Protection Agency Office of Enforcement and Compliance Assurance 2248A Washington , DC 20460 Phone: 202 564-4021 E-Mail: OKeefe.Susan@epamail.epa.gov

Environmental Protection Agency (EPA) Office of Environmental Information ( OEI ) RIN: 2025-AA11

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Title: Clarify TRI Reporting Obligations Under EPCRA Section 313 for Metal Mining Activities 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 in the mining context, stating that naturally occurring ores in situ have not been manufactured within the meaning of Emergency Planning and Community Right to Know Act (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.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: Undetermined Unfunded Mandates: No CFR Citation: 40 CFR 372 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 11001 et seq Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 02/00/2011
Final Action 09/00/2011

Additional Information: Facilities included in the following NAICS manufacturing codes (corresponding to SIC codes 20 through 39): 311*,312*, 313*, 314*, 315*, 316, 321, 322, 323*, 324, 325*, 326*, 327, 331, 332, 333, 334*, 335*, 336, 337*, 339*,111998*, 211112*, 212234*, 212235*, 212393*, 212399*, 488390*, 511110, 511120, 511130, 511140*, 511191,511199, 511220, 512230*, 516110*, 541710*, or 811490*. *Exceptions and/or limitations exist for these NAICS codes. Facilities included in the following NAICS codes (corresponding to SIC codes other than SIC codes 20 through 39): 212111, 212112, 212113 (correspond to SIC 12, Coal Mining (except 1241)); or 212221, 212222, 212231, 212234, 212299 (correspond to SIC 10, Metal Mining (except 1011, 1081, and 1094)); or 221111, 221112, 221113, 221119, 221121, 221122 (Limited to facilities that combustcoal and/or oil for the purpose of generating power for distribution in commerce) (correspond to SIC 4911, 4931, and 4939, Electric Utilities); or 424690, 425110, 425120 (Limited to facilities previously classified in SIC 5169, Chemicals and Allied Products, Not Elsewhere Classified); or 424710 (corresponds to SIC 5171, Petroleum Bulk Terminals and Plants); or 562112 (Limited to facilities primarily engaged in solvent recovery services on a contract or fee basis (previously classified under SIC 7389, Business Services, NEC)); or 562211, 562212, 562213, 562219, 562920 (Limited to facilities regulated under the Resource Conservation and Recovery Act, subtitle C, 42 U.S.C. 6921 et seq.) (correspond to SIC 4953, Refuse Systems).; EPA Docket information: EPA-HQ-OEI-2009-0453

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Small Entities Affected: Business Federalism: Undetermined Energy Affected: No RIN Information URL: www.epa.gov/tri/programs/mining/index.htm Agency Contact: Daniel Teitelbaum Environmental Protection Agency Office of Environmental Information 2844T Washington , DC 20460 Phone: 202 566-0964 FAX: 202 566-0741 E-Mail: Teitelbaum.Daniel@epamail.epa.gov Agency Contact: Gilbert Mears Environmental Protection Agency Office of Environmental Information 2844T Washington , DC 20460 Phone: 202 566-0954 FAX: 202 566-0741 E-Mail: Mears.Gilbert@epamail.epa.gov

Environmental Protection Agency (EPA) Office of Environmental Information ( OEI ) RIN: 2025-AA19

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Title: TRI; Response to Petition To Delete Acetonitrile From the Toxics Release Inventory List of Toxic Chemicals Abstract: This action will respond to a petition received by EPA to delete acetonitrile from the list of toxic chemicals reportable under section 313 of the Emergency Planning and Community Right to Know Act (EPCRA). EPA will respond to the petition by either granting or denying the petition. If EPA grants the petition a notice of proposed rulemaking will be published in the Federal Register, if EPA denies the petition a notice of petition denial will be published. The deletion of this chemical would eliminate all the reporting requirements under the Toxic Chemical Release Reporting Rule.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 372 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 11023(e) Legal Deadline: None

Timetable:
Action Date FR Cite Response 04/00/2011

Additional Information: Split from RIN 2025-AA00. Formerly listed as RIN 2070-AC00. Statutory deadline: Within 180 days of receipt the Agency must either initiate rulemaking or explain why not in the Federal Register. Manufacturing industries in SIC codes 20-39 plus the following industries and SIC codes: Metal Mining (SIC code 10 except SIC codes 1011, 1081, and 1094); Coal Mining (SIC code 12 except SIC code 1241); Electric Utilities (SIC codes 4911, 4931, 4939); Commercial Hazardous Waste Treatment (SIC code 4953); Chemicals and Allied Products-Wholesale (SIC code 5169); Petroleum Bulk Terminals and Plants (SIC code 5171); and, Solvent Recovery Services (SIC code 7389).

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal Small Entities Affected: Business Federalism: NoEnergy Affected: No RIN Information URL: www.epa.gov/tri Agency Contact: Daniel Bushman Environmental Protection Agency Office of Environmental Information 2844T Washington , DC 20460 Phone: 202 566-0743 E-Mail: Bushman.Daniel@epamail.epa.gov Agency Contact: Nicole Paquette Environmental Protection Agency Office of Environmental Information 2844T Washington , DC 20460 Phone: 202 566-0642 E-Mail: Paquette.Nicole@epamail.epa.gov

Environmental Protection Agency (EPA) Office of Environmental Information ( OEI ) RIN: 2025-AA24

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Title: Toxics Release Inventory (TRI) Articles Exemption Clarification Rule Abstract: Toxics Release Inventory (TRI) reporting is required by section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA) and section 6607 of the Pollution Prevention Act. The purpose of this rule is to clarify the scope of the exemption from TRI reporting requirements for items that qualify as articles. [See 40 CFR 372.38(b).] EPA believes that language contained in the regulation and subsequent guidance should be clarified for the regulated community concerning what items qualify as articles and are therefore exempt from TRI threshold determinations and TRI release and other waste management calculations and reporting.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 372.38(b) (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 11023 et seq; 42 USC 13106 et seq Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 08/24/2009 74 FR 42625 Final Action 06/00/2011

Additional Information: EPA publication information: NPRM - http://www.regulations.gov/search/Regs/home.html#documentDetail?R=0900006480a10bb0; Facilities included in the following NAICS manufacturing codes (corresponding to SIC codes 20 through 39): 311*,312*, 313*, 314*, 315*, 316, 321, 322, 323*, 324, 325*, 326*, 327, 331, 332, 333, 334*, 335*, 336, 337*, 339*,111998*, 211112*, 212234*, 212235*, 212393*, 212399*, 488390*, 511110, 511120, 511130, 511140*, 511191,511199, 511220, 512230*, 516110*, 541710*, or 811490*. *Exceptions and/or limitations exist for these NAICS codes. Facilities included in the following NAICS codes (corresponding to SIC codes other than SIC codes 20 through 39): 212111, 212112, 212113 (correspond to SIC 12, Coal Mining (except 1241)); or 212221, 212222, 212231, 212234, 212299 (correspond to SIC 10, Metal Mining (except 1011, 1081, and 1094)); or 221111, 221112, 221113, 221119, 221121, 221122 (Limited to facilities that combust coal and/or oil for the purpose of generating power for distribution in commerce) (correspond to SIC 4911, 4931, and 4939, Electric Utilities); or 424690, 425110, 425120 (Limited to facilities previously classified in SIC 5169, Chemicals and Allied Products, Not Elsewhere Classified); or 424710 (corresponds to SIC 5171, Petroleum Bulk Terminals and Plants); or 562112 (Limited to facilities primarily engaged in solvent recovery services on a contract or fee basis (previously classified under SIC 7389, Business Services, NEC)); or 562211, 562212, 562213, 562219, 562920 (Limited to facilities regulated under the Resource Conservation and Recovery Act, subtitle C, 42 U.S.C. 6921 et seq.) (correspond to SIC 4953, Refuse Systems).; EPA Docket information: EPA-HQ-TRI-2009-0602; accessible at: http://www.regulations.gov/search/Regs/home.html#searchResults?Ne=11+8+8053+8098+8074+8066+8084+1&Ntt=TRI-2009- 0602&Ntk=All&Ntx=mode+matchall&N=0

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Larry Reisman Environmental Protection AgencyOffice of Environmental Information 2844T Washington , DC 20460 Phone: 202 566-0751 E-Mail: reisman.larry@epamail.epa.gov Agency Contact: Ingrid Rosencrantz Environmental Protection Agency Office of Environmental Information 2844T Washington , DC 20460 Phone: 202 566-0961 E-Mail: rosencrantz.ingrid@epamail.epa.gov

Environmental Protection Agency (EPA) Office of Environmental Information ( OEI ) RIN: 2025-AA27

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Title: TRI: Intent to Consider Lifting Administrative Stay Regarding Hydrogen Sulfide Reporting Requirements; Opportunity for Public Comment Abstract: In response to a petition from the Natural Resources Defense Council and the Governor of New York, hydrogen sulfide, along with 20 other chemicals and two chemical categories, was added to the Emergency Planning and Community Right-to-Know Act (EPCRA) section 313 list of toxic chemicals as part of a 1993 final rule (December 1, 1993, 58 FR 63500). Hydrogen sulfide was listed under the criteria of EPCRA section 313(d)(2)(B) based on chronic neurotoxic effects in humans and under EPCRA section 313(d)(2)(C) based on acute aquatic toxicity. However, on August 22, 1994 (59 FR 43048), EPA issued an Administrative Stay of the EPCRA section 313 reporting requirements for hydrogen sulfide. Some members of the regulated community expressed concern that the specific basis for listing hydrogen sulfide under EPCRA section 313(d)(2)(B) changed between the proposed rule (September 8, 1992, 57 FR 41020) and the final rule (December 1, 1993, 58 FR 63500) and that they did not have an opportunity to comment on the final basis for the addition under EPCRA section 313(d)(2)(B). Although the statutory basis for the determination did not change, the Agency did cite chronic neurotoxic effects in the final rule and chronic respiratory effects in the proposed rule as the specific effects of concern. In addition, charges were made that EPA’s decision not to include evidence of exposure in deciding to list hydrogen sulfide on the basis of chronic human health effects was inconsistent with past Agency practice. EPA did not agree that it had been inconsistent in its use of exposure analysis in EPCRA section 313 listings, but felt that the public deserved an opportunity to be presented with further clarification of the Agency’s position on this issue. Therefore, the Agency decided to issue an administrative stay of the reporting requirements for hydrogen sulfide in order to allow for additional time to review these issues. EPA stated that a subsequent Federal Register notice would provide a mechanism for the public to comment on the specific basis for listing hydrogen sulfide as well as providing a more complete discussion of use of exposure analysis in EPCRA section 313 listing decisions. This action is the subsequent Federal Register notice. EPA will take comments on its latest hazard assessment for hydrogen sulfide and EPA’s intent to consider lifting the administrative stay.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 372 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 11023 Legal Deadline: None

Timetable:
Action Date FR Cite Notice 02/26/2010 75 FR 8889 Final Action 12/00/2010

Additional Information: EPA publication information: Notice - http://www.regulations.gov/search/Regs/home.html#documentDetail?R=0900006480aaf30f; EPA Docket information: EPA–HQ– TRI–2009–0844

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal Small Entities Affected: No Federalism: No Energy Affected: No RIN Information URL: www.epa.gov/tri Agency Contact: Daniel Bushman Environmental Protection Agency Office of Environmental Information2844T Washington , DC 20460 Phone: 202 566-0743 E-Mail: Bushman.Daniel@epamail.epa.gov Agency Contact: Nicole Paquette Environmental Protection Agency Office of Environmental Information 2844T Washington , DC 20460 Phone: 202 566-0642 E-Mail: Paquette.Nicole@epamail.epa.gov

Environmental Protection Agency (EPA) Office of Environmental Information ( OEI ) RIN: 2025-AA16

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Title: TRI; Response to Petition To Delete Chromium, Antimony, Titanate From the Metal Compound Categories Listed on the Toxics Release Inventory Abstract: This action was suspended on May 22, 2007 at the request of the petitioner. If resumed, this action will respond to a petition received by EPA to delete chromium, antimony, titanate from the list of toxic chemicals reportable under section 313 of the Emergency Planning and Community Right to Know Act (EPCRA). EPA will respond to the petition by either granting or denying the petition. If EPA grants the petition a notice of proposed rulemaking will be published in the Federal Register, if EPA denies the petition a notice of petition denial will be published. Chromium, antimony, titanate is reportable under the chromium and antimony compound categories, the deletion of this chemical would eliminate all the reporting requirements under the Toxic Chemical Release Reporting Rule.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 40 CFR 372 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 11013 EPCRA 313 Legal Deadline: None

Timetable:
Action Date FR Cite Response 00/00/0000

Additional Information: Split from RIN 2025-AA00. Formerly listed as RIN 2070-AC00. Statutory deadline: Within 180 days of receipt the Agency must either initiate rulemaking or explain why not in the Federal Register. Manufacturing industries in SIC codes 20-39 plus the following industries and SIC codes: Metal Mining (SIC code 10 except SIC codes 1011, 1081, and 1094); Coal Mining (SIC code 12 except SIC code 1241); Electric Utilities (SIC codes 4911, 4931, 4939); Commercial Hazardous Waste Treatment (SIC code 4953); Chemicals and Allied Products-Wholesale (SIC code 5169); Petroleum Bulk Terminals and Plants (SIC code 5171); and, Solvent Recovery Services (SIC code 7389). Facilities included in the following NAICS manufacturing codes (corresponding to SIC codes 20 through 39): 311*,312*, 313*, 314*, 315*, 316, 321, 322, 323*, 324, 325*, 326*, 327, 331, 332, 333, 334*, 335*, 336, 337*, 339*,111998*, 211112*, 212234*, 212235*, 212393*, 212399*, 488390*, 511110, 511120, 511130, 511140*, 511191,511199, 511220, 512230*, 516110*, 541710*, or 811490*. *Exceptions and/or limitations exist for these NAICS codes. Facilities included in the following NAICS codes (corresponding to SIC codes other than SIC codes 20 through 39): 212111, 212112, 212113 (correspond to SIC 12, Coal Mining (except 1241)); or 212221, 212222, 212231, 212234, 212299 (correspond to SIC 10, Metal Mining (except 1011, 1081, and 1094)); or 221111, 221112, 221113, 221119, 221121, 221122 (Limited to facilities that combust coal and/or oil for the purpose of generating power for distribution in commerce) (correspond to SIC 4911, 4931, and 4939, Electric Utilities); or 424690, 425110, 425120 (Limited to facilities previously classified in SIC 5169, Chemicals and Allied Products, Not Elsewhere Classified); or 424710 (corresponds to SIC 5171, Petroleum Bulk Terminals and Plants); or 562112 (Limited to facilities primarily engaged in solvent recovery services on a contract or fee basis (previously classified under SIC 7389, Business Services, NEC)); or 562211, 562212, 562213, 562219, 562920 (Limited to facilities regulated under the Resource Conservation and Recovery Act, subtitle C, 42 U.S.C. 6921 et seq.) (correspond to SIC 4953, Refuse Systems).

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; State Small Entities Affected: Business Federalism: No Energy Affected: No RIN Information URL: www.epa.gov/tri Agency Contact: Daniel Bushman Environmental Protection AgencyOffice of Environmental Information 2844T Washington , DC 20460 Phone: 202 566-0743 E-Mail: Bushman.Daniel@epamail.epa.gov Agency Contact: Nicole Paquette Environmental Protection Agency Office of Environmental Information 2844T Washington , DC 20460 Phone: 202 566-0642 E-Mail: Paquette.Nicole@epamail.epa.gov

Environmental Protection Agency (EPA) Office of Environmental Information ( OEI ) RIN: 2025-AA17

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Title: TRI; Response to Petition To Add Diisononyl Phthalate to the Toxics Release Inventory List of Toxic Chemicals Abstract: This action will respond to a petition received by EPA to add diisononyl phthalate to the list of toxic chemicals reportable under section 313 of the Emergency Planning and Community Right to Know Act (EPCRA). EPA will respond to the petition by either granting or denying the petition. If EPA grants the petition a notice of proposed rulemaking will be published in the Federal Register, if EPA denies the petition a notice of petition denial will be published. The addition of this chemical would make it subject to all the reporting requirements under the Toxic Chemical Release Reporting Rule.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 40 CFR 372 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 11023(e) Legal Deadline: None

Timetable:
Action Date FR Cite Final Action 00/00/0000 NPRM Original 09/05/2000 65 FR 53681 Notice of Data Availability 06/14/2005 70 FR 34437

Additional Information: Split from RIN 2025-AA00. Formerly listed as RIN 2070-AC00. Statutory deadline: Within 180 days of receipt the Agency must either initiate rulemaking or explain why not in the Federal Register. Manufacturing industries in SIC codes 20-39 plus the following industries and SIC codes: Metal Mining (SIC code 10 except SIC codes 1011, 1081, and 1094); Coal Mining (SIC code 12 except SIC code 1241); Electric Utilities (SIC codes 4911, 4931, 4939); Commercial Hazardous Waste Treatment (SIC code 4953); Chemicals and Allied Products-Wholesale (SIC code 5169); Petroleum Bulk Terminals and Plants (SIC code 5171); and, Solvent Recovery Services (SIC code 7389). Facilities included in the following NAICS manufacturing codes (corresponding to SIC codes 20 through 39): 311*,312*, 313*, 314*, 315*, 316, 321, 322, 323*, 324, 325*, 326*, 327, 331, 332, 333, 334*, 335*, 336, 337*, 339*,111998*, 211112*, 212234*, 212235*, 212393*, 212399*, 488390*, 511110, 511120, 511130, 511140*, 511191,511199, 511220, 512230*, 516110*, 541710*, or 811490*. *Exceptions and/or limitations exist for these NAICS codes. Facilities included in the following NAICS codes (corresponding to SIC codes other than SIC codes 20 through 39): 212111, 212112, 212113 (correspond to SIC 12, Coal Mining (except 1241)); or 212221, 212222, 212231, 212234, 212299 (correspond to SIC 10, Metal Mining (except 1011, 1081, and 1094)); or 221111, 221112, 221113, 221119, 221121, 221122 (Limited to facilities that combust coal and/or oil for the purpose of generating power for distribution in commerce) (correspond to SIC 4911, 4931, and 4939, Electric Utilities); or 424690, 425110, 425120 (Limited to facilities previously classified in SIC 5169, Chemicals and Allied Products, Not Elsewhere Classified); or 424710 (corresponds to SIC 5171, Petroleum Bulk Terminals and Plants); or 562112 (Limited to facilities primarily engaged in solvent recovery services on a contract or fee basis (previously classified under SIC 7389, Business Services, NEC)); or 562211, 562212, 562213, 562219, 562920 (Limited to facilities regulated under the Resource Conservation and Recovery Act, subtitle C, 42 U.S.C. 6921 et seq.) (correspond to SIC 4953, Refuse Systems).

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; State Small Entities Affected: Business Federalism: No Energy Affected: No RIN Information URL: www.epa.gov/tri Agency Contact: Daniel Bushman Environmental Protection AgencyOffice of Environmental Information 2844T Washington , DC 20460 Phone: 202 566-0743 E-Mail: Bushman.Daniel@epamail.epa.gov Agency Contact: Nicole Paquette Environmental Protection Agency Office of Environmental Information 2844T Washington , DC 20460 Phone: 202 566-0642 E-Mail: Paquette.Nicole@epamail.epa.gov

Environmental Protection Agency (EPA) Office of Environmental Information ( OEI ) RIN: 2025-AA28

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Title: Toxics Release Inventory; Addition of National Toxicology Program Carcinogens Abstract: The National Toxicology Program (NTP) periodically publishes its Report on Carcinogens (RoC) which classifies chemicals as either “known to be a human carcinogen” or “reasonably anticipated to be a human carcinogen.” The RoC is a congressionally mandated scientific and public health document that provides data on carcinogenicity, genotoxicity, and biologic mechanisms. The RoC evaluations are performed by scientists from the NTP, other Federal health research and regulatory agencies, and nongovernmental institutions. The RoC review process includes external peer review and public comment. EPA reviewed the 11th edition of the NTP RoC to identify those chemicals that are not currently on the Toxics Release Inventory (TRI) list and that have not previously been reviewed for listing. EPA proposed to add to the TRI list, those NTP carcinogens that had sufficient production or use levels such that the Agency expects that TRI reports will be filed. EPA is reviewing comments received on the proposed rule.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action Major: No Unfunded Mandates: No CFR Citation: 40 CFR 372 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 11023(d)(2)(B) Legal Deadline: None

Timetable:
Action Date FR Cite NPRM Comment Period Extended 04/06/2010 75 FR 17333 NPRM Comment Period Extended End 06/07/2010
Final Rule 11/26/2010 75 FR 72727 Final Rule Effective 11/30/2010

Additional Information: EPA publication information: NPRM - http://www.epa.gov/tri/lawsandregs/ntp_chemicals/NTPchemicals_proposed%20Rule04062010.pdf; EPA Docket information: EPA–HQ–TRI–2010–0006

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; State Small Entities Affected: Business Federalism: No Energy Affected: No RIN Information URL: www.epa.gov/tri Agency Contact: Daniel Bushman Environmental Protection Agency Office of Environmental Information 2844T Washington , DC 20460 Phone: 202 566-0743 E-Mail: Bushman.Daniel@epamail.epa.gov Agency Contact: Nicole Paquette Environmental Protection Agency Office of Environmental Information 2844T Washington , DC 20460 Phone: 202 566-0642 E-Mail: Paquette.Nicole@epamail.epa.govEnvironmental Protection Agency (EPA) Water ( WATER ) RIN: 2040-AF18

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Title: Effluent Guidelines and Standards for the Centralized Waste Treatment Industry Abstract: In December 2000, EPA promulgated effluent limitations for the Centralized Waste Treatment (CWT) Point Source Category at 40 CFR 437 (65 FR 81241, December 22, 2000). A CWT facility treats or recovers hazardous or non-hazardous industrial waste, wastewater, or used material from off-site. The regulation established wastewater discharge standards for threemajor types of wastes: metal-bearing, oily, and organic. EPA issued a Small Entity Compliance Guide, which provides easy-toread descriptions of the regulations and other helpful information on how to comply such as a question and answer section. Pursuant to section 610 of the Regulatory Flexibility Act, on April 26, 2010, EPA initiated a review of the rule to determine if it should be continued without change, or should be rescinded or amended to minimize adverse economic impacts on small entities (75 FR 21882). As part of this review, EPA is considering, and has 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. The comment period closed July 31, 2010. The Docket ID number is EPA-HQ-OW-2010-0169. EPA will summarize the results of this review in a report and place that report in the rulemaking docket referenced above. You can access that docket at www.regulations.gov. EPA continues to view the effluent limitations for the CWT category as a necessary component of the comprehensive program to restore and maintain the quality of our Nation’s waters. EPA intends to continue to require compliance with the regulation. Until and unless the Agency modifies the rule, the discharges described in 40 CFR 437.1 remain subject to the final rules.

Priority: Info./Admin./Other Agenda Stage of Rulemaking: PreRule Major: No Unfunded Mandates: No CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 5 USC 610 Legal Deadline: None

Timetable:
Action Date FR Cite Final Action 12/22/2000 65 FR 81241 Begin Review 04/26/2010 75 FR 21882 End Comment Period 07/31/2010 75 FR 21882 End Review 12/00/2010

Additional Information: Related to RIN 2040-AB78; EPA Docket information: EPA-HQ-OW-2010-0169

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Erik Helm Environmental Protection Agency Water 4303T Washington , DC 20460 Phone: 202 566-1049 E-Mail: helm.erik@epamail.epa.gov

Environmental Protection Agency (EPA) Water ( WATER ) RIN: 2040-AF24

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Title: National Primary Drinking Water Regulations; Arsenic and Clarifications to Compliance and New Source Contaminants Monitoring Abstract: On January 22, 2001, EPA revised the Maximum Contaminant Level (MCL) for arsenic to 0.010 mg/L (10.0 μg/L). This regulation applies to non-transient non-community water systems and to community water systems (66 FR 6976). WhileEPA has taken steps to evaluate and mitigate impacts on small entities as part of the promulgation of the Arsenic Rule, this new entry in the regulatory agenda announces that EPA will review the National Primary Drinking Water Rule (NPDWR) for arsenic pursuant to section 610 of the Regulatory Flexibility Act (5 U.S.C. 610). 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 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-OW-2010-0728 and follow the instructions provided in the preamble to this issue of the Regulatory Agenda. This docket can be accessed at www.regulations.gov.

Priority: Info./Admin./Other Agenda Stage of Rulemaking: PreRule Major: No Unfunded Mandates: No CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 5 USC 610 Legal Deadline: None

Timetable:
Action Date FR Cite Final Rule 01/22/2001 66 FR 6976 Initiate 610 Review 12/00/2010 End Comment Period 01/00/2011 Completion of 610 Review 10/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Stephanie Flaharty Environmental Protection Agency Water 4601M Washington , DC 20460 Phone: 202 564-5072 E-Mail: Flaharty.Stephanie@epamail.epa.gov Agency Contact: Wynne Miller Environmental Protection Agency Water 4607M Washington , DC 20460 Phone: 202 564-4887 FAX: 202 564-3760 E-Mail: miller.wynne@epamail.epa.gov

Environmental Protection Agency (EPA) Water ( WATER ) RIN: 2040-AD02

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Title: NPDES Permit Requirements for Municipal Sanitary and Combined Sewer Collection Systems, Municipal Satellite Collection Systems, Sanitary Sewer Overflows, and Peak Excess Flow Treatment Facilities Abstract: EPA will develop a notice of proposed rulemaking outlining a broad-based regulatory framework for sanitary sewer collection systems under the NPDES program. The Agency is considering proposing standard permit conditions for inclusion in permits for publicly owned treatment works (POTWs) and municipal sanitary sewer collection systems. The standard requirements would address reporting, public notification, and recordkeeping requirements for sanitary sewer overflows (SSOs), capacity assurance, management, operation, and maintenance requirements for municipal sanitary sewer collection systems; and a prohibition on SSOs. The Agency is also considering proposing a regulatory framework for applying NPDES permit conditions, including applicable standard permit conditions, to municipal satellite collection systems. Municipal satellite collection systems are sanitary sewers owned or operated by a municipality that conveys wastewater to a POTW operated by a different municipality.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: Undetermined Unfunded Mandates: Undetermined CFR Citation: 40 CFR 122.38; 40 CFR 122.41; 40 CFR 122.42 (To search for a specific CFR, visit the Code of Federal Regulations )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) Legal Deadline: None

Regulatory Plan: Statement of Need: EPA is developing a rule to modify the National Pollutant Discharge Elimination System regulations as they apply to municipal sanitary sewer collection systems and sanitary sewer overflows in order to better protect the environment and public health from the harmful effects of sanitary sewer overflows and basement back ups.

Legal Basis: The Agency is undertaking this effort to help advance the Clean Water Act objective to restore and maintain the chemical, physical, and biological integrity of the Nation's waters (CWA, sec. 101 (a)).

Alternatives: EPA will consider a variety of options during the rulemaking process.

Costs and Benefits: EPA will consider anticipated costs and benefits during the rulemaking process.

Risks: EPA will consider potential risks during the rulemaking process. Timetable:
Action Date FR Cite Notice--Public Meeting 06/01/2010 75 FR 30395
NPRM 11/00/2011
Final Action 11/00/2012

Additional Information: EPA Docket information: EPA–HQ–OW– 2010–0464

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Federal; Local; State; Tribal Small Entities Affected: Governmental Jurisdictions Federalism: Undetermined Energy Affected: No RIN Information URL: www.epa.gov/npdes Sectors Affected: 22132 Agency Contact: Kevin Weiss Environmental Protection Agency Water 4203M Washington , DC 20460 Phone: 202 564-0742 FAX: 202 564-6392 E-Mail: weiss.kevin@epa.gov Agency Contact: Mohammed Billah Environmental Protection Agency Water 4203M Washington , DC 20460 Phone: 202 564-0729 FAX: 202 564-0717 E-Mail: Billah.Mohammed@epamail.epa.gov

Environmental Protection Agency (EPA) Water ( WATER ) RIN: 2040-AD89

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Title: Regulations for Gray and Black Water Discharges From Cruise Ships Operating in Certain Alaskan Waters Abstract: On December 12, 2000, Congress passed HR 4577 which contained a section called "Certain Alaskan Cruise Ship Operations" (Title XIV). Title XIV established enforceable discharge standards for sewage and graywater from large cruise ships operating in Alaskan waters and authorizes EPA to develop revised and/or additional standards for these discharges into the waters of Alaska, the Alexander Archipelago, and the Kachemak Bay National Marine Estuarine Research Reserve. EPA will develop any such 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 would reduce environmental impacts of cruise ships operating in the waters of Alaska, the Alexander Archipelago, and the Kachemak Bay National Marine Estuarine Research Reserve.Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: PL 106-554, sec 1404-1407 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 03/00/2011

Additional Information: SAN No. 4746

Regulatory Flexibility Analysis Required: No Government Levels Affected: State Small Entities Affected: No Federalism: No Energy Affected: No Sectors Affected: 483114; 483112 Agency Contact: Laura Johnson Environmental Protection Agency Water 4504T Washington , DC 20460 Phone: 202 566-1273 FAX: 202 566-1546 E-Mail: Johnson.Laura-S@epamail.epa.gov Agency Contact: David Redford Environmental Protection Agency Water 4504T Washington , DC 20460 Phone: 202 566-1288 FAX: 202 566-1546 E-Mail: Redford.David@epamail.epa.gov

Environmental Protection Agency (EPA) Water ( WATER ) RIN: 2040-AE95

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Title: Criteria and Standards for Cooling Water Intake Structures Abstract: Section 316(b) of the Clean Water Act (CWA) requires EPA to ensure that the location, design, construction, and capacity of cooling water intake structures reflect the best technology available (BTA) for minimizing adverse environmental impacts. In developing regulations to implement section 316(b), EPA divided its effort into three rulemaking phases. Phase II, for existing electric generating plants that use at least 50 MGD of cooling water, was completed in July 2004. Industry and environmental stakeholders challenged the Phase II regulations. On review, the U.S. Court of Appeals for the Second Circuit remanded several key provisions. In July 2007, EPA suspended Phase II. Following the decision in the Second Circuit, several parties petitioned the U.S. Supreme Court to review that decision, and the Supreme Court granted the petitions, limited to the issue of whether the Clean Water Act authorized EPA to consider the relationship of costs and benefits in establishing section316(b) standards. On April 1, 2009, the Supreme Court reversed the Second Circuit, finding that the Agency may consider costbenefit analysis in its decisionmaking but not holding that the Agency must consider costs and benefits in these decisions. In June 2006, EPA promulgated the Phase III regulation, covering existing electric generating plants using less than 50 MGD of cooling water, new offshore oil and gas facilities, and all existing manufacturing facilities. Petitions to review this rule were filed in the U.S. Court of Appeals for the Fifth Circuit. EPA has asked for, and was granted a partial voluntary remand of the determinations in the Phase III regulation concerning existing facilities, in order to issue a regulation that addresses both Phase II and III existing facilities. EPA expects this new rulemaking would apply to the approximately 1,200 existing electric generating and manufacturing plants.

Priority: Economically Significant Agenda Stage of Rulemaking: Proposed Rule Major: Yes Unfunded Mandates: Undetermined CFR Citation: 40 CFR 9; 40 CFR 122; 40 CFR 123; 40 CFR 124; 40 CFR 125 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: CWA 101; CWA 308; CWA 316; CWA 402; CWA 501; CWA 510 Legal Deadline: NoneRegulatory Plan: Statement of Need: In the absence of national regulations, NPDES permit writers have developed requirements to implement section 316(b) on a case-by-case basis. This may result in a range of different requirements, and, in some cases, delays in permit issuance or reissuance. This regulation may have substantial ecological benefits.

Legal Basis: The Clean Water Act requires EPA to establish best technology available standards to minimize adverse environmental impacts from cooling water intake structures. On February 16, 2004, EPA took final action on regulations governing cooling water intake structures at certain existing power producing facilities under section 316(b) of the Clean Water Act (Phase II rule). 69 FR 41576 (Jul. 9, 2004). These regulations were challenged , and the Second Circuit remanded several provisions of the Phase II rule on various grounds. Riverkeeper, Inc. v. EPA, 475F.3d83, (2d Cir., 2007). EPA suspended most of the rule in response to the remand. 72 FR 37107 (Jul. 9, 2007). The remand of Phase III does not change permitting requirements for these facilities. Until the new rule is issued, permit directors continue to issue permits on a case-by-case, Best Professional Judgment basis for Phase II facilities.

Alternatives: This analysis will cover various sizes and types of potentially regulated facilities, and control technologies. EPA is considering whether to regulate on a national basis, by subcategory, by broad water body category, or some other basis.

Costs and Benefits: The technologies under consideration in this rulemaking are similar to the technologies considered for the original Phase II and Phase III rules. Those costs evaluated for the Phase II remanded rule, in 2002 dollars, ranged from $389 million (the final rule option) to $440 million (the final rule option at proposal) to $1 billion to $3.5 billion (closed cycle cooling for facilities on certain waterbodies, or at all facilities). The monetized benefits of the original final rule were estimated to be $82 million. The monetized benefits include only the use value associated with quantifiable increases in commercial and recreational fisheries. Non-use benefits were not analyzed. The costs and benefits of the Phase III option most closely aligned with the Phase II option co-promulgated were $38.3 million and $2.3 million respectively, in 2004 dollars. EPA will develop new costs and benefits estimates for this new effort.

Risks: Cooling water intake structures may pose significant risks for aquatic ecosystems.
Timetable:
Action Date FR Cite
NPRM 02/00/2011
Final Action 07/00/2012

Additional Information: EPA Docket information: EPA-HQ-OW-2008-0667

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Federal; Local; State

Small Entities Affected: No Federalism: Undetermined Energy Affected: Undetermined RIN Information URL: www.epa.gov/waterscience/316b Agency Contact: Paul Shriner Environmental Protection Agency Water 4303T Washington , DC 20460 Phone: 202 566-1076 E-Mail: Shriner.Paul@epamail.epa.gov Agency Contact: Erik Helm Environmental Protection Agency Water 4303T Washington , DC 20460 Phone: 202 566-1049 E-Mail: helm.erik@epamail.epa.gov

Environmental Protection Agency (EPA) Water ( WATER ) RIN: 2040-AF10

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Title: Revisions to the Unregulated Contaminant Monitoring Regulation (UCMR 3) for Public Water Systems Abstract: The Safe Drinking Water Act (SDWA), as amended in 1996, requires the U.S. Environmental Protection Agency (EPA) to establish criteria for a program to monitor not more than 30 unregulated contaminants every five years. EPA publishedthe first group of contaminants in the Unregulated Contaminant Monitoring Regulation (i.e., UCMR 1), which established a revised approach for UCMR implementation, in the Federal Register dated September 17, 1999 (64 FR 50556), and the second list of unregulated contaminants (UCMR 2) in the Federal Register dated January 4, 2007 (72 FR 367). The proposed regulation will meet the SDWA requirement for identifying new priority contaminants to be monitored during the third UCMR cycle (i.e., UCMR 3) of 2012-2015.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: Undetermined CFR Citation: 40 CFR 141 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 300f et seq Legal Deadline:
Action Source Description Date

Other Statutory SDWA requires EPA to publish a UCMR every 5 years 01/04/2012

Timetable:
Action Date FR Cite
NPRM 01/00/2011
Final Action 01/00/2012

Additional Information: SAN No. 5360

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Dave Munch Environmental Protection Agency Water USEPA Cincinnati , OH 45268 Phone: 513 569-7843 FAX: 513 569-7191 E-Mail: Munch.Dave@epamail.epa.gov Agency Contact: Brenda Parris Environmental Protection Agency Water USEPA Cincinnati , OH 45268 Phone: 513 569-7961 FAX: 513 569-7191 E-Mail: Parris.Brenda@epamail.epa.gov

Environmental Protection Agency (EPA) Water ( WATER ) RIN: 2040-AF12

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Title: Amendment to Effluent Guidelines for Primary Aluminum Smelting Subcategory of the Nonferrous Metals Manufacturing Point Source Category Abstract: EPA is considering an amendment to 40 CFR 421 to create updated discharge standards for those primary aluminum smelters that use both wet and dry scrubbing of their air emissions. As currently written, allowances exist for individual contributions to effluent discharges from a variety of processes present at primary aluminum smelter. These allowances include one for wastewater contributions resulting from the wet scrubbing of sulfur dioxide from potline emissions (40 CFR 421.23(n)). As the Agency continues to strengthen the regulation of air pollution from aluminum smelters, it is increasingly likely that higher wastewater pollutant concentrations from these wet scrubbers will result. The State of New York has identified a facility that exhibits just this problem with the discharge of fluoride, as a result of interference by sulfur captured by the facility’s wet scrubber. The extent of this problem is such that the facility is unable to comply with its fluoride effluent limit. An amendment of the current effluent guideline is a possible means to resolve this tension and make it easier for the Agency and regulated entities to manage cross-media effects.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 421 (To search for a specific CFR, visit the Code of Federal Regulations )Legal Authority: CWA 301; CWA 304; CWA 306; CWA 307; CWA 308; CWA 501 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 07/00/2011
Final Action 07/00/2012

Additional Information: EPA Docket information: EPA-HQ-OW-2010-0137

Regulatory Flexibility Analysis Required: No Government Levels Affected: State Small Entities Affected: No Federalism: No Energy Affected: No Sectors Affected: 331312 Agency Contact: Ahmar Siddiqui Environmental Protection Agency Water 4303T Washington , DC 20460 Phone: 202 566-1044 FAX: 202 566-1053 E-Mail: Siddiqui.Ahmar@epamail.epa.gov Agency Contact: Janet Goodwin Environmental Protection Agency Water 4203M Washington , DC 20460 Phone: 202 566-1060 E-Mail: Goodwin.Janet@epamail.epa.gov

Environmental Protection Agency (EPA) Water ( WATER ) RIN: 2040-AF13

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Title: Stormwater Regulations Revision To Address Discharges From Developed Sites Abstract: Stormwater discharge from developed areas is a major cause of degradation of surface waters. This is true for both conveyance of pollutants and the erosive power of increased stormwater flow rates and volumes. Current stormwater regulations were promulgated in 1990 and 1999. In 2006, the Office of Water asked the National Research Council (NRC) to review the stormwater program and recommend ways to strengthen it. The NRC Report, which was finalized in October 2008, found that the current stormwater program "...is not likely to adequately control stormwater's contribution to waterbody impairment" and recommended that EPA take action to address the harmful effects of stormwater flow. This proposed action would establish requirements for, at minimum, managing stormwater discharges from newly developed and re-developed sites, to reduce the amount of pollutants in stormwater discharges entering receiving waters by reducing the discharge of excess stormwater. This action may also expand the scope of municipal separate storm sewer systems (MS4) required to be regulated under NPDES permits, to include rapidly developing areas and to cover some discharges that are not currently regulated. The Phase I and Phase II MS4 regulations might also be combined and amended, and may include provisions for retrofitting existing development. In order to comply with the Executive order issued by President Obama on Mat 12, 2010, that among other things, require EPA to identify ways to strengthen stormwater management practices within the Bay watershed in order to restore and protect the Bay and its tributaries. EPA plans to include in this proposed rulemaking a separate section containing additional stormwater provisions for the Chesapeake Bay Watershed.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: Undetermined Unfunded Mandates: Undetermined CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 33 USC 1251 et seq Legal Deadline:
Action Source Description Date

NPRM Judicial Chesapeake Bay Settlement Agreement; May 11, 2010; Fowler v US EPA, No 1 :09-CV -00005-CKK (D DC) 09/30/2011

Other Judicial Chesapeake Bay Settlement Agreement; May 11, 2010; Fowler v US EPA, No 1 :09-CV -00005-CKK (D DC) 11/19/2012Regulatory Plan: Statement of Need: Section 402(p) of the Clean Water Act requires EPA to regulate certain stormwater discharges. Stormwater is a primary contributor of water quality impairment. There is a need to strengthen the stormwater program’s effectiveness by reducing pollutant loading from currently regulated and unregulated stormwater discharges and preserving surface water health and integrity. This action was informed by the 2006 National Research Council report.

Legal Basis: Section 402(p) of the Clean Water Act requires EPA to regulate certain discharges from stormwater in order to protect water quality.

Alternatives: To be determined.

Costs and Benefits: To be determined.

Risks: To be determined. Timetable:
Action Date FR Cite Notice—Public Meeting 00/00/0000
NPRM 09/00/2011
Final Action 12/00/2012

Additional Information: EPA Docket information: EPA-HQ-OW-2009-0817-0319

Regulatory Flexibility Analysis Required: Business; Governmental Jurisdictions Government Levels Affected: Federal; Local; State

Federalism: Undetermined Energy Affected: Undetermined RIN Information URL: www.epa.gov/npdes/stormwater/rulemaking Agency Contact: Connie Bosma Environmental Protection Agency Water 4203M Washington , DC 20460 Phone: 202 564-6773 FAX: 202 564-6392 E-Mail: Bosma.Connie@epamail.epa.gov Agency Contact: Janet Goodwin Environmental Protection Agency Water 4203M Washington , DC 20460 Phone: 202 566-1060 E-Mail: Goodwin.Janet@epamail.epa.gov

Environmental Protection Agency (EPA) Water ( WATER ) RIN: 2040-AF16

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Title: Water Quality Standards Regulatory Clarifications Abstract: EPA is proposing a targeted set of changes to the water quality standards (WQS) regulation to improve its effectiveness in helping restore and maintain the Nation’s waters. The core of the current WQS regulation has been in place since 1983, and provides limited guidance on recurring issues, resulting in unresolved issues that reoccur with different fact patterns and resolved issues that are not codified for future use. The proposed rule will provide clarity in the following six key areas: 1) antidegradation, 2) Administrator’s determination, 3) uses, 4) variances; 5) triennial review scope and requirements, and 6) updating regulation to reflect court decisions. EPA expects to publish a proposed rule in the Federal Register in summer 2011.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: Undetermined CFR Citation: 40 CFR 131(Revision) (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 33 USC 1251 et seqLegal Deadline: None

Timetable:
Action Date FR Cite Notice - Public Meeting 07/30/2010 75 FR 44930
NPRM 06/00/2011
Final Action 06/00/2012

Additional Information: EPA Docket information: EPA-HQ-OW-2010-0606

Regulatory Flexibility Analysis Required: No Government Levels Affected: State; Tribal Small Entities Affected: No Federalism: Yes Energy Affected: No RIN Information URL: http://epa.gov/waterscience/standards Agency Contact: Grace Robiou Environmental Protection Agency Water 4305T Washington , DC 20460 Phone: 202 566-2975 E-Mail: Robiou.Grace@epamail.epa.gov Agency Contact: Christina Christensen Environmental Protection Agency Water 4305T Washington , DC 20460 Phone: 202 566-0537 E-Mail: Christensen.Christina@epamail.epa.gov

Environmental Protection Agency (EPA) Water ( WATER ) RIN: 2040-AF17

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Title: National Pollutant Discharge Elimination System (NPDES) Permit Regulations for New Dischargers and the Appropriate Use of Offsets With Regard to Water Quality Permitting Abstract: This rulemaking may consider how to best clarify EPA's approach to permitting new dischargers in order to ensure the protection of water quality under Clean Water Act section 301(b)(1)(C). The rulemaking may examine options to address the appropriate and permissible use of offsets, which ensures that NPDES permits are protective of water quality standards. The rulemaking may also examine options for addressing new dischargers in impaired waters, both when a TMDL is in place and prior to TMDL issuance.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: Undetermined CFR Citation: 40 CFR 122.4(i) (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 33 USC 1361; 33 USC 1311(b)(1)(C) Legal Deadline: None

Regulatory Plan: Statement of Need: The EPA is initiating a rulemaking to consider clarifying the EPA's interpretation of 40 CFR section 122.4(i) and addressing the adverse Ninth Circuit decision in Friends of Pinto Creek v. EPA (2007), which created uncertainty regarding the permitting of new dischargers. Through this rulemaking, EPA will consider how to best ensure that the requirements at 40 CFR 122.4(i) and/or related regulations pertaining to the permitting of new dischargers are consistent with Clean Water Act (CWA) requirements.

Legal Basis: Clean Water Act (CWA) section 301(b)(1)(C) requires permits to include limitation as stringent as necessary to meet water quality standards. The Federal regulations at 40 CFR 122.4(i) implements that requirement for new dischargers.

Alternatives: TBD

Costs and Benefits: TBDRisks: TBD Timetable:
Action Date FR Cite
NPRM 04/00/2011
Final Action 01/00/2012

Additional Information: SAN No. 5240

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Small Entities Affected: No Federalism: Undetermined Energy Affected: No Agency Contact: Sara Hilbrich Environmental Protection Agency Water 4203M Washington , DC 20460 Phone: 202 564-0441 E-Mail: Hilbrich.Sara@epamail.epa.gov Agency Contact: Michelle Schutz Environmental Protection Agency Water 4203M Washington , DC 20460 Phone: 202 564-7374 E-Mail: Schutz.Michelle@epamail.epa.gov

Environmental Protection Agency (EPA) Water ( WATER ) RIN: 2040-AF21

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Title: Water Quality Standards for the State of Florida's Estuaries and Coastal Waters Abstract: EPA is under a Consent Decree deadline to promulgate numeric nutrient water quality criteria (which are elements of water quality standards) for the State of Florida's estuaries and coastal waters, flowing waters in south Florida (including canals), and the downstream protection values for flowing waters into estuaries by August 15, 2012. The Consent Decree states that EPA will sign for publication in the federal register proposed criteria for these three categories by November 14, 2011 and will sign for publication in the federal register a final rule by August 15, 2012. EPA made a determination on January 14, 2009 that numeric nutrient water quality criteria are necessary for the state to meet the requirements of the Clean Water Act (CWA).

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 131 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 33 USC 1251 et seq Legal Deadline:
Action Source Description Date

NPRM Judicial 11/14/2011 Other Judicial 08/15/2012

Timetable:
Action Date FR Cite
NPRM 11/00/2011
Final Action 08/00/2012

Regulatory Flexibility Analysis Required: No Government Levels Affected: State Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Erica Fleisig Environmental Protection Agency Water 4305T Washington , DC 20460Phone: 202 566-1057 E-Mail: Fleisig.Erica@epamail.epa.gov Agency Contact: Amy Newman Environmental Protection Agency Water 4305T Washington , DC 20460 Phone: 202 566-0723 E-Mail: Newman.Amy@epamail.epa.gov

Environmental Protection Agency (EPA) Water ( WATER ) RIN: 2040-AF22

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Title: Concentrated Animal Feeding Operations (CAFO) Information Collection Request Rule Abstract: Under the authority of section 308 of the CWA, EPA is proposing a rule to collect facility information from all Concentrated Animal Feeding Operations (CAFOs), which will provide a CAFO inventory and assist in implementing the 2008 CAFO rule.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: Not Yet Determined Legal Deadline: None

Regulatory Plan: Statement of Need: Under the authority of section 308 of the CWA, EPA is proposing a rule to collect facility information from all CAFOs, which will provide a CAFO inventory and assist in implementing the 2008 CAFO rule.

Legal Basis: EPA is proposing a rule to collect facility information from all CAFOs under the authority of section 308 of the CWA.

Alternatives:

Costs and Benefits:

Risks: Timetable:
Action Date FR Cite
NPRM 05/00/2011
Final Action 05/00/2012

Regulatory Flexibility Analysis Required: No Government Levels Affected: Undetermined Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Becky Mitschele Environmental Protection Agency Water 4203M Washington , DC 20460 Phone: 202 564-6418 E-Mail: Mitschele.Becky@epamail.epa.gov Agency Contact: George Utting Environmental Protection Agency Water 4203M Washington , DC 20460 Phone: 202 564-0744 E-Mail: utting.george@epa.govEnvironmental Protection Agency (EPA) Water ( WATER ) RIN: 2040-AF23

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Title: Withdrawal of Certain Federal Aquatic Life Water Quality Criteria Applicable to Wisconsin Abstract: In 1997, Wisconsin developed revised water quality criteria to comply with the 1995 Great Lakes Initiative, a multistate comprehensive plan to restore the health of the Great Lakes Basin. In 2000, EPA disapproved a subset of Wisconsin’s criteria, including its chronic and acute aquatic life criteria for copper and nickel, and chronic aquatic life criteria for endrin and selenium. As a result of the disapproval, EPA promulgated standards in 2000 to address chronic and acute aquatic life criteria for copper and nickel (40 CFR section 132.6(f)) and chronic aquatic life criteria for endrin and selenium (40 CFR section 132.6(g)) to apply to the waters of the Great Lakes System in the State of Wisconsin. Wisconsin began rulemaking in January 2008 to address the six aquatic life criteria for these four pollutants and in December 2008, the State finalized its criteria. EPA approved Wisconsin’s aquatic life water quality criteria on July 1, 2009, with the exception of the chronic aquatic life criterion for selenium for waters designated by Wisconsin as “Limited Forage Fish” aquatic life use. EPA is proposing to withdraw its aquatic life criteria for chronic and acute copper and nickel (40 CFR section 132.6(f)) and chronic endrin (40 CFR section 132.6(g)) in all surface waters of Wisconsin. EPA is also proposing to revise the chronic aquatic life criterion for selenium (40 CFR section 132.6(g)) to apply exclusively to areas designated by Wisconsin as “Limited Forage Fish” aquatic life use. Wisconsin Department of Natural Resources has adequately demonstrated that its aquatic life water quality criteria for copper (acute and chronic), nickel (acute and chronic), endrin (chronic), and selenium (chronic) protect all waters of the state at a level consistent with the federal requirements under the Clean Water Act, with the exception of selenium (chronic) in Limited Forage Fish” waters. The proposed federal regulation withdrawal will enable Wisconsin to implement its EPA-approved aquatic life criteria in all marine waters of the State.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: Undetermined CFR Citation: 40 CFR 132.6(f); 40 CFR 132.6(g) (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 33 USC 1751 et seq Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 12/00/2010

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Claudia Fabiano Environmental Protection Agency Water 4305T Washington , DC 20460 Phone: 202 566-0446 E-Mail: Fabiano.Claudia@epamail.epa.gov Agency Contact: Francine Norling Environmental Protection Agency Water WQ-16J Chicago , IL 60604 Phone: 312 886-0271 E-Mail: Norling.Francine@epamail.epa.gov

Environmental Protection Agency (EPA) Water ( WATER ) RIN: 2040-AF25

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Title: National Pollutant Discharge Elimination System (NPDES) Application and Program Updates Rule Abstract: EPA plans to update specific elements of the existing NPDES regulations in order to better harmonize regulations and application forms, improve permit documentation and transparency and provide clarifications to the existing regulations. This effort will deal with any “legacy” application, permitting, monitoring, and reporting requirements that have become obsolete or outdated due to programmatic and technical changes that have occurred over the past 20 years. Specifically, the focus will be on revising the NPDES permit application forms to specifically include all final agency data standards, improve theconsistency between the application forms, update the applications to better reflect current program practices, and specifically incorporate new program areas into the forms (e.g. CWA section 316(b) requirements for cooling water intake structures). This endeavor will also deal with other program elements including permit documentation procedures to improve the quality and transparency of permit development.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 33 USC 1251 et seq Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 04/00/2011
Final Action 04/00/2012

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Local; State; Tribal Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Kathryn Kelley Environmental Protection Agency Water 4203M Washington , DC 20460 Phone: 202 564-7004 E-Mail: Kelley.Kathryn@epamail.epa.gov Agency Contact: David Hair Environmental Protection Agency Water 4203M Washington , DC 20460 Phone: 202 564-2287 E-Mail: Hair.David@epamail.epa.gov

Environmental Protection Agency (EPA) Water ( WATER ) RIN: 2040-AC84

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Title: National Pollutant Discharge Elimination System (NPDES): Use of Sufficiently Sensitive Test Methods for Permit Applications and Reporting Abstract: EPA is launching an effort to update specific elements of the existing NPDES regulations in order to provide clarifications related to the NPDES permit application and NPDES permit monitoring analytical detection level requirements.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 122; 40 CFR 136 (To search for a specific CFR, visit the Code of Federal Regulations ) 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 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 06/23/2010 75 FR 35712 Final Action 12/00/2010

Additional Information: EPA publication information: NPRM - http://edocket.access.gpo.gov/2010/pdf/2010-15254.pdf

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Local; State; Tribal Small Entities Affected: Business; GovernmentalJurisdictions Federalism: No
Energy Affected: No Agency Contact: Kathryn Kelley Environmental Protection Agency Water 4203M Washington , DC 20460 Phone: 202 564-7004 E-Mail: Kelley.Kathryn@epamail.epa.gov Agency Contact: David Hair Environmental Protection Agency Water 4203M Washington , DC 20460 Phone: 202 564-2287 E-Mail: Hair.David@epamail.epa.gov

Environmental Protection Agency (EPA) Water ( WATER ) RIN: 2040-AE69

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Title: Effluent Limitations Guidelines and Standards for Airport Deicing Operations Abstract: In EPA’s 2004 Effluent Guidelines plan, the agency announced that it would begin development of a regulation to control the pollutants discharged from airport deicing operations. Based on preliminary study and on public comments, discharges from deicing operations have the potential to cause fish kills, algae blooms, and contamination to surface or ground waters. A source of these pollutants is aircraft deicing fluid that is not properly recaptured, re-used, or treated before discharge. Deicing agents typically contain glycols and additives. There is great disparity among airports in terms of wastewater treatment and also in terms of discharge permits.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 449 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: CWA 301; CWA 304; CWA 306; CWA 307; CWA 308; CWA 402; CWA 501 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 08/28/2009 74 FR 44675 Final Action 03/00/2011

Additional Information: EPA publication information: NPRM -http://www.regulations.gov/search/Regs/home.html#documentDetail?R=0900006480a16b99; EPA Docket information: EPA-HQOW-2004-0038

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Local; State Small Entities Affected: Governmental Jurisdictions Federalism: Undetermined Energy Affected: No RIN Information URL: www.epa.gov/waterscience/guide/airport Sectors Affected: 488119 Agency Contact: Eric Strassler Environmental Protection Agency Water 4303T Washington , DC 20460 Phone: 202 566-1026 FAX: 202 566-1053 E-Mail: Strassler.Eric@epamail.epa.gov Agency Contact: Brian D'Amico Environmental Protection Agency Water 4303T Washington , DC 20460Phone: 202 566-1069 FAX: 202 566-1053 E-Mail: damico.brian@epa.gov

Environmental Protection Agency (EPA) Water ( WATER ) RIN: 2040-AE98

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Title: Federal Requirements Under the Underground Injection Control (UIC) Program for Carbon Dioxide (CO2) Geologic Sequestration (GS) Wells Abstract: Geologic Sequestration (GS) is a key climate change mitigation technology. During GS, CO2 captured from an emission source such as a coal-fired electric power plant, is injected into deep subsurface rock formations for long term storage. The Safe Drinking Water Act (SDWA) requires EPA to regulate the injection of fluid, including gases such as CO2, to prevent the endangerment of underground sources of drinking water (USDWs) and public health. In March 2007, EPA issued guidance to assist State and EPA Regional Underground Injection Control (UIC) Programs in processing permit applications for pilot and other demonstration-scale GS projects as Class V UIC experimental technology wells. In addition, EPA committed to developing a long term management framework for permitting commercial scale GS projects. Part of this long term management framework included regulations for owners and operators of wells injecting CO2. New regulations for GS wells would provide a consistent framework for permitting GS wells to ensure that CO2 injection does not endanger underground sources of drinking water. EPA proposed regulations for GS wells on July 25, 2008. In addition, in August 2009 EPA published a Notice of Data Availability that presented new information and data related to GS.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 144 to 146 (proposed revision) (To search for a specific CFR, visit the Code of Federal Regulations )

Legal Authority: 42 USC 300h et seq Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 07/25/2008 73 FR 43491 NODA 08/31/2009 74 FR 44802 Final Action 12/00/2010

Additional Information: EPA publication information: NPRM -http://www.regulations.gov/search/Regs/home.html#documentDetail?R=09000064806955cf; EPA Docket information: EPA-HQOW-2008-0390

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; State; Tribal Small Entities Affected: No Federalism: No Energy Affected: No RIN Information URL: http://www.epa.gov/ogwdw/uic/wells_sequestration.html Agency Contact: Suzanne Kelly Environmental Protection Agency Water 4606M Washington , DC 20460 Phone: 202 564-3887 E-Mail: kelly.suzanne@epamail.epa.gov Agency Contact: Lee Whitehurst Environmental Protection Agency Water 4606M Washington , DC 20460 Phone: 202 564-3896 E-Mail: whitehurst.lee@epamail.epa.gov

Environmental Protection Agency (EPA)Water ( WATER ) RIN: 2040-AF06

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Title: 2010 Effluent Guidelines Program Plan Abstract: The Clean Water Act (CWA) requires EPA to establish national technology-based regulations known as “effluent limitations guidelines and standards” to reduce pollutant discharges from categories of industrial facilities. EPA similarly establishes technology-based regulations, termed “pretreatment standards,” to reduce indirect pollutant discharges—those that are discharged to publicly-owned treatment works. The CWA also specifies effluent guideline planning and review requirements. There are different requirements for direct and indirect dischargers, but both specify annual review of promulgated effluent guidelines and pretreatment standards. One requirement is publication of an Effluent Guidelines Program Plan every two years. CWA section 304(m) specifies that the Plan must: (1) establish a schedule for the annual review and revision of promulgated effluent guidelines, (2) identify categories of sources discharging toxic or non-conventional pollutants for which guidelines have not previously been published (“new categories”); and (3) establish a schedule for the promulgation of effluent guidelines identified under (2). We anticipate that the 2010 Plan will describe the results of the 2010 annual review, including, to the extent possible: (1) the outcome of the screening process; (2) EPA’s selection of industrial categories for further study; and (3) the rationale for selecting categories for further study. The 2010 Plan will also summarize activities and accomplishments for studies of categories that were identified in the 2008 Final Plan.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: CWA 304; CWA 306; CWA 307 Legal Deadline:
Action Source Description Date

Other Statutory 12/31/2010

Timetable:
Action Date FR Cite Preliminary Plan 12/28/2009 74 FR 68599 Final Plan 12/00/2010

Additional Information: EPA publication information: Preliminary Plan - http://edocket.access.gpo.gov/2009/pdf/E9- 30625.pdf; EPA Docket information: EPA-HQ-OW-2008-0517

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No RIN Information URL: http://www.epa.gov/guide/304m Agency Contact: William Swietlik Environmental Protection Agency Water 4303T Washington , DC 20460 Phone: 202 566-1129 FAX: 202 566-1053 E-Mail: swietlik.william@epamail.epa.gov Agency Contact: Ahmar Siddiqui Environmental Protection Agency Water 4303T Washington , DC 20460 Phone: 202 566-1044 FAX: 202 566-1053 E-Mail: Siddiqui.Ahmar@epamail.epa.gov

Environmental Protection Agency (EPA) Water ( WATER ) RIN: 2040-AF09

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Title: Guidelines Establishing Test Procedures for the Analysis of Pollutants Under the Clean Water Act; Analysis and Sampling ProceduresAbstract: This regulatory action would amend "Guidelines Establishing Test Procedures for the Analysis of Pollutants" at 40 CFR part 136 to approve test procedures (analytical methods) for use by testing laboratories for water monitoring. These test procedures are used to implement the NPDES program unless an alternate procedure is approved by a Regional Administrator. The regulation would also revise, clarify, and correct errors and ambiguities in existing methods and the water monitoring regulations.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 136; 40 CFR 423; 40 CFR 430; 40 CFR 435 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 33 USC 1251; 33 USC 1314(h); 33 USC 1361(a) Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 09/23/2010 75 FR 58024 NPRM Comment Period End 11/22/2010
Final Action 06/00/2011

Additional Information: EPA Docket information: EPA-HQ-OW-2010-0192

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; State Small Entities Affected: Business; Governmental Jurisdictions Federalism: No
Energy Affected: No RIN Information URL: www.epa.gov/waterscience/methods/possibleupdates.html Agency Contact: Meghan Hessenauer Environmental Protection Agency Water 4303T Washington , DC 20460 Phone: 202 566-1040 FAX: 202 566-1053 E-Mail: Hessenauer.Meghan@epamail.epa.gov Agency Contact: Lemuel Walker Environmental Protection Agency Water 4303T Washington , DC 20460 Phone: 202 566-1077 E-Mail: Walker.Lemuel@epamail.epa.gov

Environmental Protection Agency (EPA) Water ( WATER ) RIN: 2040-AF11

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Title: Water Quality Standards (Numeric Nutrient Criteria) for Florida's Lakes and Flowing Waters Abstract: EPA is under a Consent Decree deadline to promulgate numeric nutrient water quality criteria (which are elements of water quality standards) for the State of Florida's lakes and flowing waters by October 15, 2010. EPA made a determination on January 14, 2009 that numeric nutrient water quality criteria are necessary for the state to meet the requirements of the Clean Water Act (CWA). In June 2010, EPA and Plaintiffs filed a joint notice with the Court extending the deadlines for promulgating numeric nutrient criteria for Florida's estuaries and coastal waters , flowing waters in south Florida (including canals), and the downstream protection values for flowing waters into estuaries. The new deadlines are November 14, 2011 for proposing the estuarine and coastal waters criteria, and August 15, 2012 for publishing a final rule for these three categories. The original deadline of October 15, 2010 remains in place for EPA to finalize numeric nutrient criteria for Florida's lakes and other flowing waters (streams and springs).

Priority: Economically Significant Agenda Stage of Rulemaking: Final Rule Major: Yes Unfunded Mandates: NoCFR Citation: 40 CFR 131 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 33 USC 1251 et seq Legal Deadline:
Action Source Description Date

Other Judicial Consent Decree Deadline 10/15/2010

Timetable:
Action Date FR Cite
NPRM 01/26/2010 75 FR 4174 Supplemental NODA 08/03/2010 75 FR 45579 Final Action 12/00/2010

Additional Information: EPA publication information: NPRM - http://www.regulations.gov/search/Regs/home.html#documentDetail?R=0900006480a83e17; http://epa.gov/waterscience/standards; EPA Docket information: EPA-HQ-OW-2009-0596

Regulatory Flexibility Analysis Required: No Government Levels Affected: State Small Entities Affected: No Federalism: No Energy Affected: No RIN Information URL: http://www.epa.gov/waterscience/standards/rules/florida Agency Contact: Danielle Salvaterra Environmental Protection Agency Water 4305T Washington , DC 20460 Phone: 202 564-1631 E-Mail: Salvaterra.Danielle@epamail.epa.gov Agency Contact: Claudia Fabiano Environmental Protection Agency Water 4305T Washington , DC 20460 Phone: 202 566-0446 E-Mail: Fabiano.Claudia@epamail.epa.gov

Environmental Protection Agency (EPA) Water ( WATER ) RIN: 2040-AA94

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Title: National Primary Drinking Water Regulations: Radon Abstract: 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.

Priority: Economically Significant Agenda Stage of Rulemaking: Long-term Action Major: Yes Unfunded Mandates: State, Local, Or Tribal Governments CFR Citation: 40 CFR 141; 40 CFR 142 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 300f, et seq Legal Deadline: None

Timetable:
Action Date FR Cite Final Action 00/00/0000
ANPRM 09/30/1986 51 FR 34836 NPRM original 07/18/1991 56 FR 33050 Notice99 02/26/1999 64 FR 9560
NPRM 11/02/1999 64 FR 59246Additional Information: EPA Docket information: EPA-HQ-OW-2003-0041

Regulatory Flexibility Analysis Required: Business; Governmental Jurisdictions Government Levels Affected: Federal; State; Local; Tribal Small Entities Affected: No Federalism: Yes Energy Affected: No RIN Information URL: http://www.epa.gov/ogwdw/radon.html Sectors Affected: 22131 Agency Contact: Rebecca Allen Environmental Protection Agency Water 4607M Washington , DC 20460 Phone: 202 564-4689 FAX: 202 564-3760 E-Mail: Allen.Rebeccak@epamail.epa.gov Agency Contact: Eric Burneson Environmental Protection Agency Water 4607M Washington , DC 20460 Phone: 202 564-5250 E-Mail: burneson.eric@epa.gov

Environmental Protection Agency (EPA) Water ( WATER ) RIN: 2040-AB85

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Title: Shore Protection Act, Section 4103(b) Regulations Abstract: This rule proposed to implement provisions of the Shore Protection Act (SPA) designed to prevent the deposit of municipal and commercial waste into U.S. coastal waters. This rule proposed 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. 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.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 40 CFR 237 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 33 USC 2601 Shore Protection Act of 1988; PL 100-688 4103(b) Legal Deadline: None

Timetable:
Action Date FR Cite Final Action 00/00/0000
NPRM 08/30/1994 59 FR 44798

Additional Information: SAN No. 2820

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Federal; Local

Small Entities Affected: Business; Governmental Jurisdictions Federalism: No
Energy Affected: No Agency Contact: David Redford Environmental Protection Agency Water 4504T Washington , DC 20460 Phone: 202 566-1288FAX: 202 566-1546 E-Mail: Redford.David@epamail.epa.gov

Environmental Protection Agency (EPA) Water ( WATER ) RIN: 2040-AC13

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Title: National Primary Drinking Water Regulations: Aldicarb Abstract: EPA promulgated MCLs for aldicarb, aldicarb sulfoxide, and aldicarb sulfone in the Phase II rulemaking in 1991 atlevels of 0.003, 0.004, and 0.002 ug/l, respectively. In response to an administrative petition from the manufacturer RhonePoulenc, 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.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: Undetermined CFR Citation: 40 CFR 141; 40 CFR 142 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 300f et seq Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 00/00/0000

Additional Information: SAN No. 3238

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Federal; Local; State; Tribal Small Entities Affected: Business; Governmental Jurisdictions; Organizations Federalism: Undetermined
Energy Affected: No Sectors Affected: 22131 Agency Contact: Karen Wirth Environmental Protection Agency Water 4607M Washington , DC 20460 Phone: 202 564-5246 FAX: 202 564-3760 E-Mail: wirth.karen@epa.gov

Environmental Protection Agency (EPA) Water ( WATER ) RIN: 2040-AD09

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Title: Test Procedures for the Analysis of Co-Planar and Mono-Ortho-Substituted Polychlorinated Biphenyls (PCBs) Under the Clean Water Act Abstract: The proposal would amend the Guidelines Establishing Test Procedures for the Analysis of Pollutants under 40CFR parts 136 and 503 to approve EPA Method 1668 for the congener-specific determination of co-planar and mono-orthosubstituted polychlorinated biphenyls (PCBs) in effluent, ambient water, and sewage sludge. This method is necessary for the implementation of water quality-based permit conditions under the National Pollutant Discharge Elimination System (NPDES) of the Clean Water Act. Water quality-based permit conditions are necessary when technology-based controls do not ensure that a particular water body would meet the State's water quality standard. At present there is no promulgated EPA analytical method for determination of these PCBs at the levels of concern.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 40 CFR 136 (To search for a specific CFR, visit the Code of Federal Regulations )Legal Authority: 33 USC 1314; 33 USC 1361(a) Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 00/00/0000

Additional Information: SAN No. 4049

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; State Small Entities Affected: Business; Governmental Jurisdictions Federalism: No
Energy Affected: No RIN Information URL: http://www.epa.gov/waterscience/methods Agency Contact: Lemuel Walker Environmental Protection Agency Water 4303T Washington , DC 20460 Phone: 202 566-1077 E-Mail: Walker.Lemuel@epamail.epa.gov

Environmental Protection Agency (EPA) Water ( WATER ) RIN: 2040-AD39

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Title: Uniform National Discharge Standards for Vessels of the Armed Forces—Phase II Abstract: This action is Phase II of implementing regulations on Uniform National Discharge Standards for Vessels of the Armed Forces. In 1996 the Clean Water Act was amended to create section 312(n), Uniform National Discharge Standards for Vessels of the Armed Forces. Section 312(n) directs EPA and DOD to work together to provide Armed Forces vessels with a nationally uniform set of discharge standards, which preempt State discharge standards for these vessels. The purpose of the statute is to allow DOD to plan, design and build environmentally sound vessels, to encourage innovative pollution control technology, and to improve operational flexibility. EPA and DOD jointly promulgated Phase I of these regulations, 40 CFR part 1700, on May 10, 1999 (64 FR 25126). The Phase I rulemaking concluded that 25 discharges from Armed Forces vessels would require control devices. Some of these discharges (such as bilge water) have the potential to introduce oil or other organics into receiving waters; some (such as hull coating leachate) have the potential to introduce copper or other metals; and some (such as ballast water) have the potential to introduce nonindigenous invasive aquatic species. Phase II will establish performance standards for control devices for these 25 discharges. The Phase II performance standards will be promulgated in five "batches." Each batch will address several performance standards. Once DOD implements rules for achieving the standards set in Phase II, covered discharges from Armed Forces vessels will be required to meet these standards, and will not be subject to discharge standards established by States.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 40 CFR 1700 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 33 USC 1322; 33 USC 1361 Legal Deadline:
Action Source Description Date

Other Statutory CWA 312(n)(5)(B)(i) 05/10/2001

Timetable:
Action Date FR Cite
NPRM 04/00/2013
Final Action 04/00/2014

Additional Information: SAN No. 4357

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Local; State; TribalSmall Entities Affected: No Federalism: Yes Energy Affected: No RIN Information URL: http://www.epa.gov/waterscience/rules/UNDS, http://www.epa.gov/owow/oceans/regulatory/unds/batchruleprocess.html, Agency Contact: Brian Rappoli Environmental Protection Agency Water 4504T Washington , DC 20460 Phone: 202 566-1548 E-Mail: Rappoli.Brian@epamail.epa.gov Agency Contact: Jonathan Amson Environmental Protection Agency Water 4504T Washington , DC 20460 Phone: 202 566-1276 FAX: 202 566-1546 E-Mail: Amson.Jonathan@epa.gov

Environmental Protection Agency (EPA) Water ( WATER ) RIN: 2040-AD40

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Title: Underground Injection Control: Update of State Programs Abstract: The regulations at 40 CFR part 147 codify each State's UIC program description and incorporates by reference the rules and regulations that the respective primacy state will implement. This includes codifying programs upon which EPA directly implements. The primary reason for part 147 is to incorporate by reference into the Code of Federal Regulations the State program authorities and regulations so EPA may bring a direct enforcement action if the state fails to comply with the state UIC program. This update is necessary to ensure that the CFR accurately reflects current approved State UIC programs and that requirements of those programs are federally enforceable. 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 EPA will merely be incorporating by reference elements of already approved State programs.

Priority: Info./Admin./Other Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 40 CFR 147 (Revision) (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 300h-1 SDWA 1422; 42 USC 300h-4 SDWA 1425 Legal Deadline: None

Timetable:
Action Date FR Cite Direct Final Rule 00/00/0000

Additional Information: SAN No. 4236

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; State Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Robert-Eu Smith Environmental Protection Agency Water 4606M Washington , DC 20460 Phone: 202 564-3895 FAX: 202 564-3756 E-Mail: Smith.Robert-Eu@epamail.epa.gov Agency Contact: Jeff Jollie Environmental Protection Agency Water WTR9 Washington , DC 20460Phone: 202 564-3886 FAX: 415 947-3549 E-Mail: Jollie.Jeff@epamail.epa.gov

Environmental Protection Agency (EPA) Water ( WATER ) RIN: 2040-AD54

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Title: National Secondary Drinking Water Regulations (NSDWR): Methyl Tertiary Butyl Ether (MTBE) and Technical Corrections to the NSDWR Abstract: Methyl Tertiary Butyl Ether (MTBE) was primarily used as an automobile fuel additive, introduced in the late 1970s during lead phase-out as an octane enhancer. Production increased in the 1990s to meet the requirement of the federal Reformulated Gasoline (RFG) and Oxyfuels programs required by the Clean Air Act Amendments of 1990. However, MTBE has been detected in ground water and drinking water in a number of states due to leaking underground storage tanks and leaking pipelines. At least 25 states passed laws banning or limiting MTBE use, and MTBE use declined after 1999. Refiners removed MTBE from gasoline in 2006. Although most drinking water detections are at levels well below health concern, MTBE's distinctive turpentine-like taste and odor can be detected at low levels. Presently, the Agency is revising the health assessment for MTBE.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 40 CFR 143 (Revision) (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 300f et seq Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 00/00/0000

Additional Information: SAN No. 4404

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Sectors Affected: 22131 Agency Contact: Wynne Miller Environmental Protection Agency Water 4607M Washington , DC 20460 Phone: 202 564-4887 FAX: 202 564-3760 E-Mail: miller.wynne@epamail.epa.gov

Environmental Protection Agency (EPA) Water ( WATER ) RIN: 2040-AD87

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Title: Statement of Policy -- NPDES Permit Requirements for Peak Wet Weather Discharges From Publicly Owned Treatment Work Treatment Plants Serving Sanitary Sewer Collection Systems 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 did not finalize the policy. The policy options associated with this activity are still under review.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 40 CFR 122.41(m) (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 33 USC 1311; 33 USC 1318; 33 USC 1342; 33 USC 1361 Legal Deadline: None

Timetable:
Action Date FR Cite Final Policy 00/00/0000 1st Draft Policy 11/07/2003 68 FR 63042 2nd Draft Policy 12/22/2005 70 FR 76013

Additional Information: EPA Docket information: EPA-HQ-OW-2005-0523

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Local; State; Tribal Small Entities Affected: No Federalism: Undetermined Energy Affected: No RIN Information URL: www.epa.gov/npdes Sectors Affected: 22132 Agency Contact: Kevin Weiss Environmental Protection Agency Water 4203M Washington , DC 20460 Phone: 202 564-0742 FAX: 202 564-6392 E-Mail: weiss.kevin@epa.gov Agency Contact: Mohammed Billah Environmental Protection Agency Water 4203M Washington , DC 20460 Phone: 202 564-0729 FAX: 202 564-0717 E-Mail: Billah.Mohammed@epamail.epa.gov

Environmental Protection Agency (EPA) Water ( WATER ) RIN: 2040-AD94

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Title: National Primary Drinking Water Regulations: Revisions to the Total Coliform Rule Abstract: EPA is revising the Total Coliform Rule (TCR), which was published in 1989. The original TCR, promulgated in 1989, protects human health by requiring microbial monitoring in drinking water distribution systems. Since then, EPA has gained a better understanding of total coliforms as an indicator of contamination in the distribution system. EPA convened a Federal Advisory Committee to recommend revisions to the TCR. In September 2008, members of the Federal Advisory Committee signed an agreement in principle (AIP), which recommended revisions to the TCR, as well as research and information collection needed to better understand potential public health impacts from conditions in the distribution system and control of microbial drinking water contamination. In accordance with commitments EPA agreed to in the AIP, EPA has drafted a proposed rule that has the same elements and effects as the recommendations in the AIP. The proposed rule requires water systems to find and fix pathways to contamination when monitoring results indicate that microbial contamination is present, develops specific criteria for public water systems to qualify for and stay on reduced monitoring, and aims to improve consumer understanding and confidence by making required public notices about the drinking water quality more meaningful.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: NoCFR Citation: 40 CFR 141 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 300f et seq Legal Deadline:
Action Source Description Date

NPRM Judicial 08/08/2010

Timetable:
Action Date FR Cite Notice of Agreement in Principle 01/13/2009 74 FR 1683
NPRM 07/14/2010 75 FR 40926 Notice - Public Meeting 08/16/2010 75 FR 49930 NPRM Extension of Comment Period 08/31/2010 75 FR 53267 Final Action 11/00/2012

Additional Information: EPA publication information: Notice of Agreement in Principle - http://www.epa.gov/fedrgstr/EPAWATER/2009/January/Day-13/w469.htm; EPA Docket information: EPA-HQ-OW-2008-0878

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; State; Tribal Small Entities Affected: Business; Governmental Jurisdictions Federalism: No Energy Affected: No RIN Information URL: www.epa.gov/safewater/disinfection/tcr/regulation_revisions.html Sectors Affected: 2213 Agency Contact: Sean Conley Environmental Protection Agency Water 4607M Washington , DC 20460 Phone: 202 564-1781 FAX: 202 564-3767 E-Mail: Conley.Sean@epamail.epa.gov Agency Contact: Thomas Grubbs Environmental Protection Agency Water 4607M Washington , DC 20460 Phone: 202 564-5262 FAX: 202 564-3767 E-Mail: Grubbs.Thomas@epamail.epa.gov

Environmental Protection Agency (EPA) Water ( WATER ) RIN: 2040-AE82

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Title: Effluent Limitations Guidelines and Standards for Chlorine and Chlorinated Hydrocarbon Manufacturing Process Abstract: EPA is considering revising the existing effluent guidelines and standards for the manufacture of chlorinated hydrocarbons and elemental chlorine. We refer to this industrial segment as chlorine and chlorinated hydrocarbons manufacturing, or CCH. Currently, wastewater discharges from chlorinated hydrocarbons manufacturing are subject to the Organic Chemicals, Plastics, and Synthetic Fibers (OCPSF) Point Source Category (40 CFR part 414). The wastewater discharges from chlorine manufacturing through the chlor-alkali manufacturing process are subject to the Inorganic Chemicals Point Source Category (40 CFR part 415). Based on a preliminary study, discharges from vinyl chloride and chlor-alkali manufacturing might contain significant quantities of toxic pollutants, including dioxin. Since this effluent guidelines reviewbegan, EPA has gathered industry data through site visits and sampling and also developed a survey to collect detailed sitespecific data from all known CCH manufacturers. Because CCH member companies are currently collecting data to characterize baseline discharge quantities of dioxin, at this time EPA is deferring its efforts to survey the CCH industry.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 40 CFR 414 (Revision); 40 CFR 415 (Revision) (To search for a specific CFR, visit the Code of Federal Regulations )Legal Authority: CWA301; CWA304; CWA306; CWA307; CWA308; CWA501 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 00/00/0000

Additional Information: EPA Docket information: EPA-HQ-OW-2005-0012

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Small Entities Affected: Business Federalism: Undetermined Energy Affected: Undetermined RIN Information URL: www.epa.gov/waterscience/guide/cch/ Sectors Affected: 325181; 325188; 325199; 325211 Agency Contact: Samantha Lewis Environmental Protection Agency Water 4303T Washington , DC 20460 Phone: 202 566-1058 FAX: 202 566-1053 E-Mail: lewis.samantha@epa.gov Agency Contact: Janet Goodwin Environmental Protection Agency Water 4203M Washington , DC 20460 Phone: 202 566-1060 E-Mail: Goodwin.Janet@epamail.epa.gov

Environmental Protection Agency (EPA) Water ( WATER ) RIN: 2040-AF03

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Title: Development of Best Management Practices for Recreational Boats Under Section 312(o) of the Clean Water Act Abstract: This action is for the development of regulations by EPA to implement the Clean Boating Act (Public Law 110-288), which was signed by the President on July 29, 2008. The Clean Boating Act amends section 402 of the Clean Water Act (CWA) to exclude recreational vessels from National Pollutant Discharge Elimination System permitting requirements. In addition, it adds a new CWA section 312(o) directing EPA to develop regulations that identify the discharges incidental to the normal operation of recreational vessels (other than a discharge of sewage) for which it is reasonable and practicable to develop management practices to mitigate adverse impacts on waters of the United States. The regulations also need to include those management practices, including performance standards for each such practice. Following promulgation of the EPA performance standards, new CWA section 312(o) directs the Coast Guard to promulgate regulations governing the design, construction, installation, and use of the management practices. Following promulgation of the Coast Guard regulations, the Clean Boating Act prohibits the operation of a recreational vessel or any discharge incidental to their normal operation in waters of the United States and waters of the contiguous zone (i.e., 12 miles into the ocean), unless the vessel owner or operator is using an applicable management practice meeting the EPA-developed performance standards.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 40 CFR 140 (Revision) (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 33 USC 1251 et seq Legal Deadline:
Action Source Description Date

Other Statutory Clean Boating Act requires promulgation w/in 1 year of enactment. 07/29/2009

Timetable:
Action Date FR Cite
NPRM 02/00/2013Final Action 04/00/2014

Additional Information: SAN No. 5311

Regulatory Flexibility Analysis Required: No Government Levels Affected: Undetermined Small Entities Affected: No Federalism: No Energy Affected: Undetermined Agency Contact: Brian Rappoli Environmental Protection Agency Water 4504T Washington , DC 20460 Phone: 202 566-1548 E-Mail: Rappoli.Brian@epamail.epa.gov Agency Contact: John Lishman Environmental Protection Agency Water 4504T Washington , DC 20460 Phone: 202 566-1364 E-Mail: Lishman.John@epamail.epa.gov

Environmental Protection Agency (EPA) Water ( WATER ) RIN: 2040-AF05

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Title: Oil and Gas Construction Stormwater Rule Abstract: On June 12, 2006, EPA published a final rule to address a new provision added by the Energy Policy Act of 2005. The 2006 regulation effectively exempted from National Pollutant Discharge Elimination System (NPDES) permit requirements stormwater discharges of sediment from construction activities associated with oil and gas exploration, production, processing, or treatment operations or transmission facilities unless the relevant facility had a discharge of stormwater resulting in a discharge of a reportable quantity of oil or hazardous substances. Shortly thereafter, the Natural Resources Defense Council (NRDC) petitioned the Ninth Circuit Court of Appeals (Ninth Circuit) for direct review of EPA's action. On May 23, 2008, the Ninth Circuit Court of Appeals issued an opinion in NRDC v. U.S. EPA, 526 F.3d 591 (9th Cir. 2008), vacating EPA's 2006 oil and gas construction stormwater regulation. On July 21, 2008, EPA filed a petition for rehearing in this case. On November 3, 2008, the Ninth Circuit issued its order denying EPA’s request for rehearing of the Court’s decision vacating EPA's 2006 oil and gas construction stormwater regulation. This direct final rule will (1) remove the codified 2006 rule from the Code of Federal Regulations consistent with the court vacatur and (2) codify the revised 2005 Energy Policy Act definition of "oil and gas exploration, production, processing, treatment, and transmission operations" to clarify that certain uncontaminated discharges from oil and gas construction activities are exempt from permitting as identified in section 402(I)(2) of the Clean Water Act.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: Undetermined CFR Citation: 40 CFR 122.26(a)(2)(ii) (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 33 USC 1342(l) and 1362(24) Legal Deadline:
Action Source Description Date

Other Statutory The oil and gas rule court-ordered vacatur took effect on November 19, 2008. 11/19/2008

Timetable:
Action Date FR Cite
NPRM 00/00/0000

Additional Information: SAN No. 5330

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: Undetermined Agency Contact: Bryan Rittenhouse Environmental Protection Agency Water4203M Washington , DC 20460 Phone: 202 564-0577 FAX: 202 564-6431 E-Mail: Rittenhouse.Bryan@epa.gov Agency Contact: Connie Bosma Environmental Protection Agency Water 4203M Washington , DC 20460 Phone: 202 564-6773 FAX: 202 564-6392 E-Mail: Bosma.Connie@epamail.epa.gov

Environmental Protection Agency (EPA) Water ( WATER ) RIN: 2040-AF08

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Title: Perchlorate Regulatory Determination Abstract: The Safe Drinking Water Act (SDWA) requires EPA to make determinations every five years of whether to regulate at least five contaminants on its Contaminant Candidate List (CCL). A regulatory determination is a formal decision on whether EPA should initiate a rulemaking process to develop a national primary drinking water regulation for a specific contaminant. EPA included perchlorate on the first and second CCLs that were published in the Federal Register on March 2, 1998 (63 FR 10273) and February 24, 2005 (70 FR 9071). On October 10, 2008, EPA published a preliminary regulatory determination for perchlorate in drinking water (73 FR 60262). EPA received comments from over 32,000 individuals and organizations in response to this notice. EPA has reviewed the information in these comments and has re-evaluated the scientific information regarding the perchlorate regulatory determination. To assure transparency in its decision making process, on August 19, 2009, EPA published a supplemental request for comments on its re-evaluation of the scientific data (74 FR 41883). EPA will make a final determination for perchlorate after review and consideration of public comments received on the supplemental request for comment.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 300g-1(b) Legal Deadline: None

Timetable:
Action Date FR Cite Final Determination 00/00/0000 Preliminary Determination 10/10/2008 73 FR 60262 Supplemental Notice 08/19/2009 74 FR 41883 Extension of Comment Period 09/23/2009 74 FR 48541

Additional Information: EPA publication information: Preliminary Determination - http://edocket.access.gpo.gov/2008/pdf/E8-24042.pdf; Split from RIN 2040-AE60.; EPA Docket information: EPA-HQ-OW-2007- 0068

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No RIN Information URL: www.epa.gov/safewater/ccl/index.html Related RINs: Related to 2040-AE60 Agency Contact: Eric Burneson Environmental Protection Agency Water 4607M Washington , DC 20460 Phone: 202 564-5250 E-Mail: burneson.eric@epa.govEnvironmental Protection Agency (EPA) Water ( WATER ) RIN: 2040-AF14

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Title: Effluent Limitations Guidelines and Standards for the Steam Electric Power Generating Point Source Category Abstract: EPA establishes national technology-based regulations, called effluent guidelines, to reduce discharges of pollutants from industries to waters of the U.S. and publicly owned treatment works. These requirements are incorporated into National Pollutant Discharge Elimination System (NPDES) discharge permits issued by EPA and states. The steam electric effluent guidelines apply to steam electric power plants using nuclear or fossil fuels, such as coal, oil and natural gas. There are about 1,200 nuclear- and fossil-fueled steam electric power plants nationwide; approximately 500 of these power plants are coal-fired. In a study completed in 2009, EPA found that the current regulations, which were last updated in 1982, do not adequately address the pollutants being discharged and have not kept pace with changes that have occurred in the electric power industry over the last three decades. The rulemaking will address discharges from ash ponds and flue gas desulfurization (FGD) air pollution controls, as well as other power plant waste streams. Power plant discharges can have major impacts on water quality, including reduced organism abundance and species diversity, contamination of drinking water sources, and other effects. Pollutants of concern include metals (e.g., mercury, arsenic and selenium), nutrients, and total dissolved solids.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: Undetermined Unfunded Mandates: Undetermined CFR Citation: 40 CFR 423 Revision (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: CWA301; CWA304; CWA306; CWA307; CWA308; CWA402; CWA501 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 07/00/2012
Final Action 01/00/2014

Additional Information: EPA Docket information: EPA-HQ-OW-2009-0819

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Small Entities Affected: No Federalism: Undetermined Energy Affected: Undetermined RIN Information URL: http://www.epa.gov/guide/steam Agency Contact: Ronald Jordan Environmental Protection Agency Water 4303T Washington , DC 20460 Phone: 202 566-1003 FAX: 202 566-1053 E-Mail: Jordan.Ronald@epamail.epa.gov

Environmental Protection Agency (EPA) Water ( WATER ) RIN: 2040-AF15

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Title: National Primary Drinking Water Regulations for Lead and Copper: Regulatory Revisions Abstract: EPA promulgated a set of short-term regulatory revisions and clarifications on October 10, 2007, to strengthen implementation of the existing Lead and Copper Rule. In developing the short-term revisions, EPA identified several regulatory changes to be considered as part of identifying more comprehensive changes to the rule. These considerations are longer-term in nature as they require additional data collection, research, analysis, and stakeholder involvement to support decisions. This action addresses the remaining regulatory revisions to be completed in the 2013 timeframe. Regulatory changes to be addressed may include changes to flushing guidance and sample collection following a partial lead service line replacement; lead service line replacement programs; potential changes to the sample site selection criteria for lead and copper sites; guidance on new corrosion control treatments; tap sampling issues including pre-stagnation flushing, aerator removal, and maximum stagnation times; and consecutive water systems.Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: Undetermined CFR Citation: 40 CFR 141 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 300f et seq. Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 05/00/2012
Final Action 12/00/2013

Additional Information: SAN No. 5423

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Small Entities Affected: No Federalism: Undetermined Energy Affected: No Agency Contact: Jeffrey Kempic Environmental Protection Agency Water 4607M Washington , DC 20460 Phone: 202 564-4880 FAX: 202 564-3760 E-Mail: Kempic.Jeffrey@epamail.epa.gov

Environmental Protection Agency (EPA) Water ( WATER ) RIN: 2040-AF20

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Title: Revised Regulations for Concentrated Animal Feeding Operations (CAFOs) in the Chesapeake Bay Watershed Abstract: EPA and authorized states administer the National Pollutant Discharge Elimination System (NPDES) program for concentrated animal feeding operations (CAFOs), as revised by nationally-applicable rules in 2003 and 2008. On May 12, 2009, President Barack Obama issued Executive Order 13508 on Chesapeake Bay Protection and Restoration. Agriculture is the single largest contributor of nitrogen, phosphorus, and sediment pollution to the Chesapeake Bay Watershed. Manure is the source of about half of the nutrient loading from agriculture. As directed under the Executive Order, EPA developed a strategy, in consultation with the States and key stakeholders, for protecting water quality in the Chesapeake Bay. The proposed action might establish broader regulatory authority in the Bay and additional requirements for manure management for CAFOs in the Bay. Consistent with the draft joint federal strategy, the scope of the proposed rule may consider expanding the universe of CAFOs and requiring more stringent standards for permits (e.g. better nutrient management planning). Additionally, options for a streamlined designation process of smaller facilities as CAFOs and better off-site manure management may be considered for the Bay or nationally. During the rulemaking process, EPA will consider how effectively Chesapeake Bay states strengthen their pollution control programs to achieve the reductions in nutrient and sediment pollution needed to meet Bay water quality standards. The Chesapeake Bay CAFO Rule is being developed to ensure Regional and State Water NPDES Permitting Authorities have sufficient tools to reduce discharges of manure from these facilities.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: Undetermined CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: Not Yet Determined Legal Deadline:
Action Source Description Date

NPRM Judicial CBF settlement negotiations are still active. This date is just a placeholder. Publically, we said we would propose in 2012. 01/01/2012

Other Judicial CBF negotiations are still active. This date is just a placeholder. Publically, we said we would take final action late 2013. 12/31/2013

Timetable:
Action Date FR Cite
NPRM 06/00/2012Final Action 06/00/2014

Additional Information: SAN No. 5443

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Federal; State

Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Ross Brennan Environmental Protection Agency Water 4203M Washington , DC 20460 Phone: 202 564-3248 E-Mail: Brennan.Ross@epamail.epa.gov Agency Contact: George Utting Environmental Protection Agency Water 4203M Washington , DC 20460 Phone: 202 564-0744 E-Mail: utting.george@epa.gov

Environmental Protection Agency (EPA) Water ( WATER ) RIN: 2040-AE87

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Title: Guidance for Implementing the Methylmercury Water Quality Criterion Abstract: In the 2001 Federal Register notice of the availability of EPA’s recommended water quality criterion for methylmercury, EPA stated that it would develop associated procedures and guidance for implementing the criterion. For states and authorized tribes exercising responsibility under CWA section 303(c), this document provides technical guidance on how they might want to use the recommended 2001 fish tissue-based criterion to develop and implement their own water quality standards for methylmercury. The guidance addresses topics including adoption and revision of standards, monitoring, waterbody assessment, water quality standards issues, TMDL development, and NPDES permitting. Since atmospheric deposition is considered to be a major source of mercury for many waterbodies, implementing this criterion involves coordination across media and program areas.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action Major: No Unfunded Mandates: No CFR Citation: None (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 33 USC 1251 et seq Legal Deadline: None

Timetable:
Action Date FR Cite Final - Revision to 2009 Guidance 04/30/2010

Additional Information: EPA Docket information: EPA-HQ-OW-2006-0656

Regulatory Flexibility Analysis Required: No Government Levels Affected: State; Tribal Small Entities Affected: No Federalism: No Energy Affected: No RIN Information URL: http://www.epa.gov/waterscience/criteria/methylmercury Agency Contact: Holly Green Environmental Protection Agency Water 4305T Washington , DC 20460 Phone: 202 566-0651 E-Mail: Holly.green@epamail.epa.govEnvironmental Protection Agency (EPA) Water ( WATER ) RIN: 2040-AF19

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Title: National Primary Drinking Water Regulations: Radionuclides Abstract: On December 7, 2000 (65 FR 76708), EPA promulgated final revised and/or new national primary drinking water regulations (NPDWRs) for nonradon radionuclides as authorized by the Safe Drinking Water Act (SDWA). In this action, referred to as the Radionuclides Rule, EPA promulgated maximum contaminant level goals (MCLGs), maximum contaminant levels (MCLs), monitoring, reporting, and public notification requirements for gross alpha particle activity, combined radium-226 and 228, beta particle and photon activity and uranium. The Radionuclides Rule became effective on December 8, 2003. 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 rescinded or amended to minimize adverse economic impacts on small entities. This review was announced in the Regulatory Agenda on April 26, 2010 (75 FR 21883). As part of this review, EPA 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. EPA received five comment letters. The results of EPA’s review have been summarized in a report and placed in the rulemaking docket (docket number EPA-HQ-OW-2010- 0166 at www.regulations.gov). These results are briefly summarized here. There was consensus among the commenters about the continued need for the Radionuclides Rule, because it serves as an important tool to protect the health of people who get their drinking water from public systems using sources of water with high levels of radionuclides. While none of the commenters expressed a need to rescind the rule, most of the comments were aimed at suggesting that the Agency make clarifications in certain areas of the rule to aid small entities in its rule compliance. After reviewing all the comments regarding this Section 610 review the Agency has concluded that revisions or amendments to the Radionuclides rule are not warranted at this time. However, EPA is evaluating the need to provide additional guidance and clarification on those issues raised by the commenters to assist in the rule implementation. The Agency bases its decision to not revise or amend the rule at this time on the analysis conducted during the promulgation of the rule which were aimed at reducing economic burden on small entities. Among the measures that the Agency took to minimize impacts on small entities are: (1) The selection of a less stringent MCL for uranium, (2) a reduction in the overall monitoring frequencies for systems with radionuclides levels less than the MCL, (3) allowance of grandfathered data and State monitoring discretion for determining the initial monitoring baseline, and (4) the exclusion of nontransient, non-community water systems from the radionuclides regulations. EPA will continue to evaluate the effectiveness of the Radionuclides rule and the potential to decrease the rule’s implementation burden within the framework provided by the SDWA and other agency initiatives. EPA continues to view the NPDWRs for radionuclides as important to ensure and protect the health of consumers served by public drinking water systems and intends to continue to require compliance with these NPDWRs.

Priority: Info./Admin./Other Agenda Stage of Rulemaking: Completed Action Major: No Unfunded Mandates: No CFR Citation: 40 CFR 9, 141, 142 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 5 USC 610 Legal Deadline: None

Timetable:
Action Date FR Cite Final Action 12/07/2000 65 FR 76708 Begin Review 04/26/2010 75 FR 21883 End Comment Period 07/26/2010
End Review 09/10/2010

Additional Information: Related to RIN 2040-AC98; EPA Docket information: EPA-HQ-OW-2010-0166

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Stephanie Flaharty Environmental Protection Agency Water 4601M Washington , DC 20460 Phone: 202 564-5072 E-Mail: Flaharty.Stephanie@epamail.epa.gov Agency Contact: Tracy Bone Environmental Protection AgencyWater 4601M Washington , DC 20460 Phone: 202 564-5257 FAX: 202 564-3753 E-Mail: Bone.Tracy@epamail.epa.gov

Environmental Protection Agency (EPA) Solid Waste and Emergency Response ( SWER ) RIN: 2050-AD75

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Title: National Priorities List for Uncontrolled Hazardous Waste Sites: Proposed and Final Rules 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.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 300.425 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 9605 Legal Deadline: None

Timetable:
Action Date FR Cite Final 20 03/06/1998 63 FR 11332
NPRM 24 03/06/1998 63 FR 11340 Final 21 07/28/1998 63 FR 40182 NPRM 25 07/28/1998 63 FR 40247 Final Tex-Tin 09/18/1998 63 FR 49855 Final 22 09/29/1998 63 FR 51848 NPRM 26 09/29/1998 63 FR 51882 Final 23 01/19/1999 64 FR 2942
NPRM 27 01/19/1999 64 FR 2950 NPRM Midnight Mine 02/16/1999 64 FR 7564 NPRM 28 04/23/1999 64 FR 19968 NPRM Almeda 05/10/1999 64 FR 24990 Final 24 05/10/1999 64 FR 24949 Final 25 07/22/1999 64 FR 39878 NPRM 29 07/22/1999 64 FR 39886 Final Pools Prairie 09/17/1999 64 FR 50459 NPRM 30 10/22/1999 64 FR 56992 Final Action 10/22/1999 64 FR 56966 Final 26 02/04/2000 65 FR 5435 NPRM 31 02/04/2000 65 FR 5468 Final 28 05/11/2000 65 FR 30482 NPRM 32 05/11/2000 65 FR 30489 Final 29 07/27/2000 65 FR 46096 NPRM 33 07/27/2000 65 FR 46131 NPRM Alabama/Malone 08/24/2000 65 FR 51567 Final 30 12/01/2000 65 FR 75179 NPRM 34 12/01/2000 65 FR 75215 NPRM 35 01/11/2001 66 FR 2380 Final 31 06/14/2001 66 FR 32235 NPRM 36 06/14/2001 66 FR 32287 Final 32 09/13/2001 66 FR 47583 NPRM 37 09/13/2001 66 FR 47612 NPRM Libby/Omaha 02/26/2002 67 FR 8836 Final adds 19 sites 09/05/2002 67 FR 56757 NPRM 38 09/05/2002 67 FR 56794 Final Action 10/24/2002 67 FR 65315Final Action 04/30/2003 68 FR 23077
NPRM 1 04/30/2003 68 FR 23094 Final 35 (adds 12 sites) 09/29/2003 68 FR 55875 NPRM 40 03/08/2004 69 FR 10646 Final 36 07/23/2004 69 FR 43755 NPRM-Vieques 08/13/2004 69 FR 50115 Final 37 09/23/2004 69 FR 56949
NPRM 41 09/23/2004 69 FR 56970 Final - Vieques 02/11/2005 70 FR 7184 Final 38 04/27/2005 70 FR 21644
NPRM 42 04/27/2005 70 FR 21718 Final 39 09/14/2005 70 FR 54286 NPRM 43 09/14/2005 70 FR 54327 Final 40 04/19/2006 71 FR 20016
NPRM-44 04/19/2006 71 FR 20052 Final 41 09/27/2006 71 FR 56399 NPRM 45 09/27/2006 71 FR 56433 Final 42 03/07/2007 72 FR 10078 NPRM 46 03/07/2007 72 FR 10105 Final 43 09/19/2007 72 FR 53463
NPRM 47 09/19/2007 72 FR 53509 Final 44 03/19/2008 73 FR 14719 NPRM 48 03/19/2008 73 FR 14742 Final 45 09/03/2008 73 FR 51368 NPRM 49 09/03/2008 73 FR 51393 Final 46 04/09/2009 74 FR 16126 NPRM 50 04/09/2009 74 FR 16162 Final 47 09/23/2009 74 FR 48412 NPRM-Newtown Creek 09/23/2009 74 FR 48511 NPRM 51 09/23/2009 74 FR 48504 Final 48 11/04/2009 74 FR 57085 Final - Gowanus Canal 03/04/2010 75 FR 9790 Final 49 03/04/2010 75 FR 9782 NPRM-52 03/04/2010 75 FR 9843 Final-Newtown Creek 09/29/2010 75 FR 59983 Final 50 09/29/2010 75 FR 59975 NPRM-53 09/29/2010 75 FR 64976 Final 51 03/00/2011
NPRM 54 03/00/2011

Additional Information: EPA publication information: Final 50 -www.regulations.gov/search/Regs/home.html#documentDetail?R=9000006480b63929; EPA Docket information: EPA-HQSFUND-2010-XXXX

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Local; State; Tribal Federalism: No Energy Affected: No RIN Information URL: www.epa.gov/superfund Agency Contact: Terry Jeng Environmental Protection Agency Solid Waste and Emergency Response 5204P Washington , DC 20460 Phone: 703 603-8852 FAX: 703 603-9104 E-Mail: jeng.terry@epa.gov Agency Contact: Doug Ammon Environmental Protection Agency Solid Waste and Emergency Response 5204P Washington , DC 20460 Phone: 202 347-8925 FAX: 703 603-9104 E-Mail: ammon.doug@epa.govEnvironmental Protection Agency (EPA) Solid Waste and Emergency Response ( SWER ) RIN: 2050-AF08

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Title: 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 Abstract: EPA is considering an alternative approach for the threshold planning quantity (TPQ) for chemicals on the Extremely Hazardous Substances (EHS) List that are handled as solids in solution. The current TPQ for solids in solution is based on the assumption that the entire quantity of the solid chemical at a facility could potentially be released to air in the event of an accident. EPA is considering a rule proposing revisions to the TPQ for solids in solution. EPA is pursuing this proposal in part based on industry's request to revisit the TPQ rationale for the chemical paraquat dichloride (handled as a solid in aqueous solution). EPA intends to evaluate various experimental data for accidental air releases of solutions containing solid chemicals when developing revised TPQs. EPA is also considering public comment on the appropriateness of considering aerosol size as a factor for potential off-site exposure to communities.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 355 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 1102 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 03/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Kathy Franklin Environmental Protection Agency Solid Waste and Emergency Response 5104A Washington , DC 20460 Phone: 202 564-7987 FAX: 202 564-2625 E-Mail: Franklin.Kathy@epa.gov Agency Contact: Sicy Jacob Environmental Protection Agency Solid Waste and Emergency Response 5104A Washington , DC 20460 Phone: 202 564-8019 FAX: 202 564-2625 E-Mail: Jacob.Sicy@epamail.epa.gov

Environmental Protection Agency (EPA) Solid Waste and Emergency Response ( SWER ) RIN: 2050-AG46

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Title: Revising Underground Storage Tank Regulations--Revisions to Existing Requirements and Additions To Incorporate the Provisions of the Energy Policy Act Abstract: The Underground Storage Tank (UST) regulations were first promulgated in 1988 primarily to prevent releases from retail petroleum marketers (gas stations) and other facilities into the environment. These regulations have reduced the incidents of contamination. However, there is a need to revise the regulations to incorporate changes to the UST program from the Energy Policy Act of 2005, as well as to update outdated portions of the regulations due to changes in technology since the 1980s. On August 8, 2005, President Bush signed the Energy Policy Act of 2005 (EPAct). Title XV, subtitle B of this act (entitled the Underground Storage Tank Compliance Act of 2005), amends subtitle I of the Solid Waste Disposal Act, the original legislation that created the UST program. There are key provisions of the EPAct that apply to states receiving federal UST funding but do not apply in Indian country, including requirements for secondary containment, operator training and deliveryprohibition. As a part of this action, EPA plans to develop regulations for secondary containment and operator training to apply in Indian country and in states that choose not to obtain State Program Approval from EPA in order to achieve more consistent program results in release prevention and compliance. EPA also plans to develop regulations for delivery prohibition that EPA may apply in its enforcement actions. Both EPA and tribes recognize the importance of having requirements that can help to ensure parity in program implementation between states and in Indian Country, which is consistent with EPA's policy. Through this action, EPA will ensure federal enforceability of the EPAct provisions across the country. EPA will also use our knowledge of the program gained over the last 20 years to update and revise the regulations to make targeted changes to improve implementation and prevent UST releases.

Priority: Economically Significant Agenda Stage of Rulemaking: Proposed Rule Major: Yes Unfunded Mandates: No CFR Citation: 40 CFR 280 to 281 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 6991 Legal Deadline: None

Timetable:
Action Date FR Cite Final Action 00/00/0000
NPRM 03/00/2011

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Federal; Local; State; Tribal Small Entities Affected: Business; Governmental Jurisdictions Federalism: No
Energy Affected: No RIN Information URL: www.epa.gov/oust Agency Contact: Elizabeth McDermott Environmental Protection Agency Solid Waste and Emergency Response 5401P Washington , DC 20460 Phone: 703 603-7175 FAX: 703 603-0175 E-Mail: McDermott.Elizabeth@epamail.epa.gov Agency Contact: Paul Miller Environmental Protection Agency Solid Waste and Emergency Response 5401P Washington , DC 20460 Phone: 703 603-7165 FAX: 703 603-0175 E-Mail: Miller.Paul@epamail.epa.gov

Environmental Protection Agency (EPA) Solid Waste and Emergency Response ( SWER ) RIN: 2050-AG56

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Title: Financial Responsibility Requirements Under CERCLA Section 108(b) for Facilities in the Chemical, Petroleum and Electric Power Industries 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 chemical manufacturing industry; the petroleum and coal products manufacturing industry; and the electric power generation, transmission, and distribution industry as those for which it plans to develop, as necessary, proposed financial responsibility requirements. EPA intends to include requirements for financial responsibility, as well as notification and implementation.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: Undetermined Unfunded Mandates: Undetermined CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 9601 et seq; 42 USC 9608 (b) Legal Deadline: NoneTimetable:
Action Date FR Cite
ANPRM 01/06/2010 75 FR 816 Extension of Comment Period 02/04/2010 75 FR 5715
NPRM 09/00/2011

Additional Information: EPA publication information: ANPRM -http://www.regulations.gov/search/Regs/home.html#documentDetail?R=0900006480a78958; EPA Docket information: EPA-HQSFUND-2009-0834

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Small Entities Affected: No Federalism: Undetermined Energy Affected: Undetermined Sectors Affected: 325; 2211; 324 Agency Contact: Ben Lesser Environmental Protection Agency Solid Waste and Emergency Response 5302P Washington , DC 20460 Phone: 703 308-0314 E-Mail: Lesser.Ben@epa.gov Agency Contact: Barbara Foster Environmental Protection Agency Solid Waste and Emergency Response 5304P Washington , DC 20460 Phone: 703 308-7057 E-Mail: Foster.Barbara@epamail.epa.gov

Environmental Protection Agency (EPA) Solid Waste and Emergency Response ( SWER ) RIN: 2050-AG60

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Title: Hazardous Waste Management Systems: Identification and Listing of Hazardous Waste: Carbon Dioxide (CO2) Injectate in Geological Sequestration Activities Abstract: On July 25, 2008, EPA published a proposed rule under the Safe Drinking Water Act Underground Injection Control Program to create a new class of injection wells (Class VI) for geological sequestration (GS) of carbon dioxide (CO2). 73 FR 43492. In response to that proposal, EPA received numerous comments asking for clarification on how the Resource Conservation and Recovery Act (RCRA) hazardous waste requirements apply to CO2 streams. EPA is now considering a proposed rule under RCRA to explore a number of options, including a conditional exemption from the RCRA requirements for hazardous CO2 streams in order to facilitate implementation of GS, while protecting human health and the environment.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: Undetermined Unfunded Mandates: Undetermined CFR Citation: 40 CFR 261 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 6903; 42 USC 6912; 42 USC 6921-24 Legal Deadline: None

Regulatory Plan: Statement of Need: The Agency is taking this action in order to reduce the uncertainty associated with managing CO2 streams under RCRA subtitle C, which will enable the continued research and deployment of carbon capture storage activities.

Legal Basis: EPA expects the regulations to be proposed under the authority of sections 1004, 2002, 3001, 3002, 3003, and 3004 of RCRA, 42 U.S.C. 6903, 6912, 6921, 6922, 6923, and 6924.

Alternatives: EPA intends to analyze options for clarifying the applicability of RCRA subtitle C to CO2 streams being captured, transported, and sequestered in Class VI UIC wells, including a conditional exemption from the hazardous waste regulations.

Costs and Benefits: The economic impact assessment for this action is presently under development, and there are nopreliminary estimates of costs or benefits at this time.

Risks: EPA intends to evaluate how requirements under other statutes and programs (for example, Department of Transportation (DOT) regulations, and EPA's Underground Injection Control Class VI rule) may adequately address potentially unacceptable risks from the capture, transport, and geologic sequestration of CO2 streams. Therefore, EPA does not expect to perform a separate risk assessment of those CO2 streams.
Timetable:
Action Date FR Cite
NPRM 01/00/2011

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Federal; State

Small Entities Affected: No Federalism: No Energy Affected: Undetermined Sectors Affected: 31-33; 48-49; 22 Agency Contact: Ross Elliott Environmental Protection Agency Solid Waste and Emergency Response 5304P Washington , DC 20460 Phone: 703 308-8748 FAX: 703 605-0594 E-Mail: Elliott.Ross@epa.gov Agency Contact: Mark Baldwin Environmental Protection Agency Solid Waste and Emergency Response 5304P Washington , DC 20460 Phone: 703 308-0157 E-Mail: Baldwin.Mark@epa.gov

Environmental Protection Agency (EPA) Solid Waste and Emergency Response ( SWER ) RIN: 2050-AG61

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Title: Financial Responsibility Requirements Under CERCLA Section 108(b) for Classes of Facilities in the Hard Rock Mining Industry 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.

Priority: Economically Significant Agenda Stage of Rulemaking: Proposed Rule Major: Yes Unfunded Mandates: Undetermined CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 9601 et seq.; 42 USC 9608 (b) Legal Deadline: None

Regulatory Plan: Statement of Need: The Agency is currently examining various classes of facilities that may produce, transport, treat, store or dispose of hazardous substances for development of financial responsibility requirements under CERCLA section 108(b).

Legal Basis: Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended.

Alternatives: To be determined.

Costs and Benefits: To be determined.

Risks: To be determined. Timetable:
Action Date FR CitePriority Notice 07/28/2009 74 FR 37213
NPRM 04/00/2011

Additional Information: EPA publication information: Priority Notice - http://www.regulations.gov/search/Regs/home.html#documentDetail?R=09000064809fc1ff; Split from RIN 2050-AG56.; EPA Docket information: EPA-HQ-SFUND-2009-0834

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Small Entities Affected: No Federalism: Undetermined Energy Affected: No Sectors Affected: 212 Agency Contact: Ben Lesser Environmental Protection Agency Solid Waste and Emergency Response 5302P Washington , DC 20460 Phone: 703 308-0314 E-Mail: Lesser.Ben@epa.gov Agency Contact: David Hockey Environmental Protection Agency Solid Waste and Emergency Response 5303P Washington , DC 20460 Phone: 703 308-8846 E-Mail: Hockey.David@epa.gov

Environmental Protection Agency (EPA) Solid Waste and Emergency Response ( SWER ) RIN: 2050-AG64

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Title: Hazardous Chemical Reporting; Community Right-To-Know: Revisions to the Emergency and Hazardous Chemical Inventory Forms (Tier I and Tier II) Abstract: The Agency is revising the Emergency and Hazardous Chemical Inventory Forms (Tier I and II) under section 312 of the Emergency Planning and Community Right-to-Know Act (EPCRA) to require additional data elements and revise some existing data elements.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 47 CFR 370 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 9601 et seq Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 04/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Local; State; Tribal Small Entities Affected: No Federalism: No Energy Affected: No Sectors Affected: 51; 31-33; 44-45; 48-49; 22; 42 Agency Contact: Sicy Jacob Environmental Protection Agency Solid Waste and Emergency Response 5104A Washington , DC 20460 Phone: 202 564-8019 FAX: 202 564-2625 E-Mail: Jacob.Sicy@epamail.epa.govEnvironmental Protection Agency (EPA) Solid Waste and Emergency Response ( SWER ) RIN: 2050-AG44

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Title: Identification of Non-Hazardous Secondary Materials That Are Solid Wastes Abstract: The Agency has proposed to define which non-hazardous secondary materials burned in combustion units are solid wastes under the Resource Conservation and Recovery Act (RCRA). This in turn will assist the Agency in determining which non-hazardous secondary materials will be subject to the emissions standards proposed under sections 112 and 129 of the Clean Air Act (CAA). If the secondary material is considered a "solid waste," the unit that burns the non-hazardous secondary material would be subject to the CAA section 129 requirements. The meaning of "solid waste" as defined under RCRA is important because CAA section 129, which regulates emissions from sources that combust solid wastes, states that the term "solid waste" shall have the meaning "established by the Administrator [pursuant to RCRA]."

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 241 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 6903(27); 42 USC 6912(a)(1) Legal Deadline:
Action Source Description Date

NPRM Judicial 04/29/2010 Other Judicial 01/16/2011

Regulatory Plan: Statement of Need: EPA is preparing to establish new emission standards under CAA sections 112 and 129. In order to establish these new emission standards, EPA must determine at the federal level which non-hazardous secondary materials are considered "solid waste." The meaning of solid waste for purposes of these CAA standards is of particular importance since CAA section 129 states that the term "solid waste" shall have the meaning "established by the Administrator."

Legal Basis: EPA is promulgating this regulation under the authority of sections 2002(a)(1) and 1004(27) of RCRA, as amended, 42 U.S.C. 6912(a)(1) and 6903(27). Section 129(a)(1(D) of the CAA directs EPA to establish standards for Commercial and Industrial Solid Waste Incinerators (CISWI), which burn solid waste (CAA sec. 129(g)(6), 42 U.S.C. 7429). Section 129(g)(6) provides that the term, solid waste, is to be established by EPA under RCRA. Section 2002(a)(1) of RCRA authorizes the Agency to promulgate regulations as are necessary to carry out the functions under the Act. The statutory definition of "solid waste" is provided in RCRA section 1004(27).

Alternatives: The Notice of Proposed Rulemaking (NPRM) proposes an "Alternative Approach" that is broader than the proposed solid waste definition. This alternative may be adopted in the final rule, if warranted by information presented during the public comment period or otherwise available in the rulemaking record. Under this alternative, most non-hazardous secondary materials that are burned in a combustion unit would be considered solid wastes. Only fuels or ingredients that are combusted and remain within the control of the generator and met the legitimacy criteria would not be solid wastes under thisalternative. This approach would not allow discarded materials processed into new product fuels to be considered as nonwastes, or allow for a petition process. This approach would expand the universe of non-hazardous secondary materials that would be considered to be solid wastes, and thus subject to CAA section 129. The proposed rule also takes comment on an approach that would classify all non-hazardous secondary materials that are burned in combustion units as solid wastes.

Costs and Benefits: The proposed rule specifies criteria under which non-hazardous secondary materials are considered solid wastes. Although the final rule will determine which section of the CAA under which a given combustion unit is regulated, this rule itself will not include any emission standards and will not require changes in the management or use of secondary materials. Only with the promulgation of the respective rules developed within EPA's Office of Air and Radiation (OAR) would society realize the costs, benefits, and other impacts. These impacts, therefore, are attributed entirely to the rules being developed by OAR.

Risks: Air emission risks will be reduced as a result of the current promulgation of three-related rules developed by OAR and this rule. However, material diversion risks may increase under certain limited scenarios. Timetable:
Action Date FR Cite
ANPRM 01/02/2009 74 FR 41 ANPRM Comment Period End 02/02/2009 NPRM Extension of Comment Period 06/09/2010 75 FR 32682
NPRM 06/04/2010 75 FR 31843 NPRM Comment Period End 07/19/2010 NPRM Comment Period Extended To 08/03/2010Final Action 01/00/2011

Additional Information: EPA publication information: ANPRM - http://www.regulations.gov/search/Regs/home.html#documentDetail?R=090000648080b3d3; NPRM - http://www.regulations.gov/search/Regs/home.html#documentDetail?R=0900006480afbb78, NPRM - Extension of Comment Period - http://www.regulations.gov/search/Regs/home.html#documentDetail? For information on the proposed CAA emissions standards for boilers, process heaters, and commercial/industrial solid waste incinerators, see http://www.epa.gov/airquality/combustion/; EPA Docket information: EPA-HQ-RCRA-2008-0329

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Local; State; Tribal Small Entities Affected: No Federalism: No Energy Affected: No RIN Information URL: http://www.epa.gov/epawaste/nonhaz/define/index.htm Agency Contact: Marc Thomas Environmental Protection Agency Solid Waste and Emergency Response 5303P Washington , DC 20460 Phone: 703 308-0023 FAX: 703 308-0509 E-Mail: Thomas.Marc@epa.gov Agency Contact: George Faison Environmental Protection Agency Solid Waste and Emergency Response 5303P Washington , DC 20460 Phone: 703 305-7652 FAX: 703 308-0509 E-Mail: Faison.George@epa.gov

Environmental Protection Agency (EPA) Solid Waste and Emergency Response ( SWER ) RIN: 2050-AG50

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Title: Oil Pollution Prevention: Spill Prevention, Control, and Countermeasure Rule Requirements--Amendments for Milk Containers Abstract: The Environmental Protection Agency (EPA or the Agency) has proposed to amend the Spill Prevention, Control, and Countermeasure (SPCC) rule to exempt milk containers and associated equipment and appurtenances on farms and in other dairy operations subject to the Grade "A" Pasteurized Milk Ordinance (PMO) requirements or a State dairy regulatory requirement equivalent to the current applicable PMO. Additionally EPA has requested comment on alternative approaches to address facilities that may have milk containers and associated piping and appurtenances. This proposal addresses concerns raised specifically by the dairy farm sector on the applicability of the SPCC requirements to milk containers.

Priority: Economically Significant Agenda Stage of Rulemaking: Final Rule Major: Undetermined Unfunded Mandates: No CFR Citation: 40 CFR 112 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 33 USC 1321 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 01/15/2009 74 FR 2461 NPRM Comment Period End 02/17/2009
Final Action 02/00/2011

Additional Information: EPA publication information: NPRM - http://www.epa.gov/fedrgstr/EPA-WATER/2009/January/Day15/w830.pdf; Split from RIN 2050-AG16. Split from RIN 2050-AC62; EPA Docket information: EPA-HQ-OPA-2007-0584.

Regulatory Flexibility Analysis Required: No Government Levels Affected: UndeterminedSmall Entities Affected: No Federalism: No Energy Affected: No RIN Information URL: www.epa.gov/oilspill/spcc.htm Agency Contact: Gregory Wilson Environmental Protection Agency Solid Waste and Emergency Response 5104A Washington , DC 20460 Phone: 202 564-7989 FAX: 202 564-2625 E-Mail: wilson.gregory@epa.gov Agency Contact: Vanessa Principe Environmental Protection Agency Solid Waste and Emergency Response 5104A Washington , DC 20460 Phone: 202 564-7913 FAX: 202 564-2625 E-Mail: principe.vanessa@epa.gov

Environmental Protection Agency (EPA) Solid Waste and Emergency Response ( SWER ) RIN: 2050-AG52

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Title: Hazardous Waste Technical Corrections and Clarifications Rule Abstract: On March 18, 2010, EPA published a Direct Final Rule (Hazardous Waste Technical Corrections and Clarifications Rule) that promulgated a number of amendments to the hazardous waste regulations for hazardous waste identification, manifesting, the generator requirements, as well as changes to the hazardous waste permit and interim status standards. These changes corrected existing errors in the hazardous waste regulations that have occurred over time as a result of typographical errors or incorrect citations to paragraphs and other references. On June 16, 2010, all of the amendments to the Direct Final Rule went into effect, except for six amendments which were withdrawn (June 4, 2010) because adverse comments were received. The planned final rule will address the six withdrawn amendments by responding to the adverse comments received and finalizing the appropriate changes.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 261; 40 CFR 262; 40 CFR 266 (To search for a specific CFR, visit the Code of Federal Regulations )

Legal Authority: 42 USC 6905 to 6906; 42 USC 6912; 42 USC 6921 to 6927; 42 USC 6930; 42 USC 6933 to 6939; 42 USC 6974 Legal Deadline: None

Timetable:
Action Date FR Cite Direct Final Action 03/18/2010 75 FR 12989
NPRM 03/18/2010 75 FR 13066 NPRM Comment Period End 05/03/2010
Partial Withdrawal Notice 06/04/2010 75 FR 31716 Final Action 01/00/2011

Additional Information: EPA publication information: NPRM - http://www.regulations.gov/search/Regs/home.html#documentDetail?R=0900006480ac0398; EPA Docket information: EPA-HQ-- RCRA-2008-0678

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Jim OLeary Environmental Protection Agency Solid Waste and Emergency Response 5304P Washington , DC 20460Phone: 703 308-8827 FAX: 703 308-0514 E-Mail: OLeary.Jim@epa.gov

Environmental Protection Agency (EPA) Solid Waste and Emergency Response ( SWER ) RIN: 2050-AG55

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Title: Hazardous Waste Management System; Identification and Listing of Hazardous Waste; Removing Saccharin and Its Salts From the Lists of Hazardous Constituents, Hazardous Wastes, and Hazardous Substances Abstract: In response to a petition submitted by the Calorie Control Council (CCC), EPA proposed to remove saccharin and its salts from the lists of hazardous constituents (40 CFR section 261, Appendix VIII), the list of unused commercial chemical products identified as hazardous wastes (40 CFR section 261.33(f)), and the list of hazardous substances (40 CFR section 302.4). The current weight of scientific evidence supports the petitioner's request. EPA originally listed saccharin and its salts based on a scientific consensus that saccharin was a potential human carcinogen. However, the recent evaluation of available data for saccharin and its salts by the U.S. National Toxicology Program (NTP) and the International Agency for Research on Cancer (IARC) has concluded that scientific evidence does not support that saccharin and its salts are potential human carcinogens. In addition, the Agency does not believe saccharin and its salts meet any other criteria for remaining on the above specified lists.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 261; 40 CFR 268; 40 CFR 302 (To search for a specific CFR, visit the Code of Federal Regulations )

Legal Authority: 42 USC 6905, 6912(a), 6921, 6922, 6924, 6938 ( RCRA sec 3001); 42 USC 9602 (CERCLA sec 102); 42 USC 9603 (CERCLA sec 103); 42 USC 9604; 33 USC 1321 and 1361 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 04/22/2010 75 FR 20942 Final Action 12/00/2010

Additional Information: EPA publication information: NPRM -http://www.regulations.gov/search/Regs/home.html#documentDetail?R=0900006480add02d; EPA Docket information: EPA-HQRCRA-2009-0310

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Narendra Chaudhari Environmental Protection Agency Solid Waste and Emergency Response 5304P Washington , DC 20460 Phone: 703 308-0454 FAX: 703 308-0514 E-Mail: Chaudhari.Narendra@epamail.epa.gov Agency Contact: Robert Kayser Environmental Protection Agency Solid Waste and Emergency Response 5304P Washington , DC 20460 Phone: 703 308-7304 FAX: 703 308-0514 E-Mail: Kayser.Robert@epamail.epa.gov

Environmental Protection Agency (EPA) Solid Waste and Emergency Response ( SWER ) RIN: 2050-AC71View Related Documents

Title: RCRA Subtitle C Financial Test Criteria Regulatory Determination Abstract: The RCRA Subtitle C financial test is one of several mechanisms available to the regulated community for demonstrating financial assurance for closure/post-closure of their facilities. EPA decided at the end of the second quarter of FY 2007 to analyze whether regulatory changes are needed to ensure the test's continued and effective use. Test criteria have not been updated since they were initially promulgated in 1982. Concerns have been raised that the criteria are outdated and no longer adequately predict a company's continued solvency, such that some States are not allowing companies to use the test, reducing the number of mechanisms that are available. Additionally, some language in the financial test reporting requirements is no longer consistent with current professional standards under Generally Acceptable Accounting Principles. Addressing this inconsistency would facilitate implementation by regulators.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 40 CFR 264; 40 CFR 265; 40 CFR 761 (To search for a specific CFR, visit the Code of Federal Regulations )

Legal Authority: 42 USC 6912(a); 42 USC 6924; 42 USC 6925; 42 USC 6926 Legal Deadline: None

Timetable:
Action Date FR Cite NPRM on Determination 00/00/0000 NPRM Original 07/01/1991 56 FR 30201
NPRM 10/12/1994 59 FR 51523

Additional Information: SAN No. 2647.

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; State Small Entities Affected: No Federalism: No Energy Affected: No Sectors Affected: 325188; 325199; 33299; 333999; 325998; 336399; 331311; 4411; 323110; 334; 22111; 332813; 325193; 221112; 45431; 4471; 811111; 32512; 325131; 33271; 56292; 333319; 32551; 32511; 42271; 32411; 325211; 323114; 22132; 48422; 311942; 336; 56211; 56221 Agency Contact: Tricia Buzzell Environmental Protection Agency Solid Waste and Emergency Response 5303P Washington , DC 20460 Phone: 703 308-8622 FAX: 703 308-8609 E-Mail: buzzell.tricia@epa.gov

Environmental Protection Agency (EPA) Solid Waste and Emergency Response ( SWER ) RIN: 2050-AE23

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Title: Revisions to the Comprehensive Guideline for Procurement of Products Containing Recovered Materials Abstract: EPA is required to prepare procurement guidelines that designate items that are or can be made with recovered materials and to issue recommendations for government procurement of these items. Once designated, procuring agencies are required to purchase these items with the highest percentage of recovered materials practicable. Government procurement of EPA-designated items containing recovered materials fosters markets for recovered materials and, thereby, closes the recycling loop. To date, EPA has designated 61 items under five Comprehensive Procurement Guidelines (CPGs). EPA has also issued a Recovered Materials Advisory Notice (RMAN) with each CPG that provides recommendations on buying the designated items. EPA also reviews existing CPG product designations for effectiveness, obsolescence, and consistency with the biobased products designation program, environmentally preferable purchasing program, and Energy Star and energy efficient products program. A CPG for Nylon Carpet was originally proposed in 2001. A Notice of Data Availability was issued asking for additional information. EPA is evaluating the comments and considering how to proceed with the CPG for Nylon Carpet.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: NoCFR Citation: 40 CFR 247 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 6912(a) Legal Deadline: None

Timetable:
Action Date FR Cite Final CPG for Nylon Carpet 00/00/0000 NPRM-CPG1 04/20/1994 59 FR 18892 Final CPG1 05/01/1995 60 FR 21370 NPRM CPG2 11/07/1996 61 FR 57748 Final CPG2 11/13/1997 62 FR 60962 NPRM-CPG3 08/26/1998 63 FR 45558 Final-CPG3-RMAN3 01/19/2000 65 FR 3069 NPRM CPG4 08/28/2001 66 FR 45256 NODA on Nylon Carpet 07/16/2003 68 FR 42040 NPRM-CPG5 12/10/2003 68 FR 68813 Final-CPG4-RMAN4 04/30/2004 69 FR 24028 Final CPG 5 09/14/2007 72 FR 52475

Additional Information: EPA publication information: NODA on Nylon Carpet - http://frwebgate.access.gpo.gov/cgibin/getdoc.cgi?dbname=2003_register&docid=fr16jy03-84.pdf; EPA Docket information: EPA-HQ-RCRA-2003-0013; EPA-HQRCRA-2001-0047

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; State; Local Small Entities Affected: No Federalism: No Energy Affected: No RIN Information URL: www.epa.gov/cpg Sectors Affected: 92111; 92119 Agency Contact: Marlene Regelski-Reddoor Environmental Protection Agency Solid Waste and Emergency Response 5306P Washington , DC 20460 Phone: 703 308-7276 FAX: 703 308-8686 E-Mail: regelski-reddoor.marlene@epa.gov Agency Contact: Elizabeth Resek Environmental Protection Agency Solid Waste and Emergency Response 5306P Washington , DC 20460 Phone: 703 347-0391 FAX: 703 308-8686 E-Mail: resek.elizabeth@epa.gov

Environmental Protection Agency (EPA) Solid Waste and Emergency Response ( SWER ) RIN: 2050-AE34

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Title: Management of Cement Kiln Dust (CKD) 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 control of CKD under subtitle C of RCRA was warranted and published a regulatory determination (60 FR 7366). 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 continues to consider the comments received on the proposal and notice.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 40 CFR 256; 40 CFR 259; 40 CFR 261; 40 CFR 264 (To search for a specific CFR, visit the Code of Federal Regulations )Legal Authority: 42 USC 6912(a) RCRA 2002(a); 42 USC 6921(a) RCRA 3001(a) Legal Deadline: None

Timetable:
Action Date FR Cite Final Action 00/00/0000 Regulatory Determination 02/07/1995 60 FR 7366
NPRM 08/20/1999 64 FR 45632 Notice - Extend Comment Period 10/28/1999 64 FR 58022 NoDA 1 07/25/2002 67 FR 48648 Notice -Extend Comment Period 11/08/2002 67 FR 68130

Additional Information: EPA publication information: NoDA 1 - http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi? dbname=2002_register&docid=fr25jy02-57.pdf; EPA Docket information: EPA-HQ-RCRA-1999-0011

Regulatory Flexibility Analysis Required: No Government Levels Affected: Undetermined Small Entities Affected: No Federalism: No Energy Affected: No Sectors Affected: 32731 Agency Contact: Jana Englander Environmental Protection Agency Solid Waste and Emergency Response 5304P Washington , DC 20460 Phone: 703 308-8711 FAX: 703 605-0595 E-Mail: Englander.Jana@epamail.epa.gov Agency Contact: Steve Souders Environmental Protection Agency Solid Waste and Emergency Response 5304P Washington , DC 20460 Phone: 703 308-8431 FAX: 703 605-0595 E-Mail: Souders.Steve@epa.gov

Environmental Protection Agency (EPA) Solid Waste and Emergency Response ( SWER ) RIN: 2050-AE51

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Title: Modifications to RCRA Rules Associated With Solvent-Contaminated Industrial Wipes Abstract: In 2003, EPA proposed to modify the RCRA hazardous waste regulations for management of solvent-contaminated industrial wipes. EPA proposed to conditionally exclude wipes that are disposed of from the definition of hazardous waste and to conditionally exclude laundered wipes from the definition of solid waste. Based on comments received on the proposal, EPA revised its risk analysis used to evaluate the risks to human health and the environment if solvent-contaminated wipes or laundry sludge are disposed of in a municipal solid waste landfill. A Notice of Data Availability was published in the Federal Register to allow the public the opportunity to comment on the revised risk analysis. A determination will be made on finalizing the rule after any required revisions to the risk analysis are completed and completion of an environmental justice analysis. If finalized, this regulation will impact the management of two types of solvent-contaminated wipes: (1) wipes disposed of in land disposal units or by combustion after use, and (2) wipes that are laundered after use to remove the solvent and then are used again.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 40 CFR 261 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 6921 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 11/20/2003 68 FR 65586Notice of Data Availability 10/27/2009 74 FR 55163 Extension of Comment Period 12/15/2009 74 FR 66259 Final Action 07/00/2012

Additional Information: EPA publication information: NPRM -http://www.regulations.gov/search/Regs/home.html#documentDetail?R=09000064800e10e1; EPA Docket information: EPA-HQRCRA-2003-0004

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; State; Local; Tribal Small Entities Affected: No Federalism: No Energy Affected: No RIN Information URL: http://www.epa.gov/epawaste/index.htm Sectors Affected: 323; 325; 332; 333; 334; 336; 337; 441; 811; 812 Agency Contact: Teena Wooten Environmental Protection Agency Solid Waste and Emergency Response 5304P Washington , DC 20460 Phone: 703 308-8751 FAX: 703 308-0514 E-Mail: wooten.teena@epa.gov

Environmental Protection Agency (EPA) Solid Waste and Emergency Response ( SWER ) RIN: 2050-AE81

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Title: Standards for the Management of Coal Combustion Residuals Generated by Commercial Electric Power Producers Abstract: This action is for the development of regulations for coal combustion residuals (formerly coal combustion waste). The regulations will apply to the management of coal combustion residuals that are generated by steam electric power generators, i.e., electric utilities and independent power producers and are disposed of in landfills and surface impoundments. 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 issued on August 29, 2007, a Notice of Data Availability announcing the availability for public inspection and comment new information and data on the management of coal combustion residuals. The Agency considered these comments in developing the proposed rule regarding the regulation of coal combustion residuals under the Resource Conservation and Recovery Act (RCRA). The Agency issued a proposed rule on June 21, 2010, in which the Agency co-proposed two approaches- one which would regulate coal combustion residuals under subtitle C of RCRA as a "special waste" and one under subtitle D of RCRA as a non-hazardous waste. Under both approaches, coal combustion residuals that are beneficially used would remain Bevill exempt.

Priority: Economically Significant Agenda Stage of Rulemaking: Long-term Action
Major: Yes Unfunded Mandates: State, Local, Or Tribal Governments; Private Sector CFR Citation: 40 CFR 257; 40 CFR 261; 40 CFR 264; 40 CFR 265; 40 CFR 268; 40 CFR 271; 40 CFR 302 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 6905; 42 USC 6906; 42 USC 6907(a)(3); 42 USC 6912; 42 USC 6912(a); 42 USC 6912(a)(1); 42 USC 6921; 42 USC 6922; 42 USC 6923; 42 USC 6924; 42 USC 6925; 42 USC 6925(j); 42 USC 6935; 42 USC 6936; 42 USC 6937; 42 USC 6944(a); 42 USC 6949a(c); 33 USC 1345(d); 33 USC 1345(e) Legal Deadline: None

Timetable:
Action Date FR Cite Final Action 00/00/0000 NODA 08/29/2007 72 FR 49714
NPRM 06/21/2010 75 FR 35128 Notice - Public Hearings 07/15/2010 75 FR 41121 Notice - Correction and Additional Public Hearings 08/20/2010 75 FR 51434 NODA 10/21/2010 75 FR 64974

Additional Information: EPA publication information: NODA - http://www.epa.gov/fedrgstr/EPA-WASTE/2007/August/Day29/f17138.pdf; EPA Docket information: EPA-HQ-RCRA-2009-0640

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; State; Local; Tribal Small Entities Affected: Business; Governmental Jurisdictions Federalism: Yes Energy Affected: No RIN Information URL: http://www.epa.gov/epawaste/nonhaz/industrial/special/fossil/ccrrule/index.htm Sectors Affected: 221112 Agency Contact: Alexander Livnat Environmental Protection Agency Solid Waste and Emergency Response 5304P Washington , DC 20460 Phone: 703 308-7251 FAX: 703 605-0595 E-Mail: Livnat.Alexander@epa.gov Agency Contact: Steve Souders Environmental Protection Agency Solid Waste and Emergency Response 5304P Washington , DC 20460 Phone: 703 308-8431 FAX: 703 605-0595 E-Mail: Souders.Steve@epa.gov

Environmental Protection Agency (EPA) Solid Waste and Emergency Response ( SWER ) RIN: 2050-AE87

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Title: Revisions to the National Oil and Hazardous Substances Pollution Contingency Plan; Subpart J Product Schedule Listing Requirements Abstract: EPA is considering proposing 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. The Agency is considering revisions to subpart J to clarify and/or change protocols for adding a product to the Product Schedule, effectiveness and toxicity testing. These changes, if finalized, 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. Further, the Agency is considering proposed changes to 40 CFR 110.4 regarding the use of dispersants.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 40 CFR 300; 40 CFR 110 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 33 USC 1321(d)(2); 33 USC 1321(b)(3); CWA 311(d)(2) Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 00/00/0000

Additional Information: SAN No. 4526

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Local; State; Tribal Small Entities Affected: Business Federalism: No Energy Affected: No RIN Information URL: www.epa.gov/oilspill Sectors Affected: 3251; 325; 3259; 54Agency Contact: William Nichols Environmental Protection Agency Solid Waste and Emergency Response 5104A Washington , DC 20460 Phone: 202 564-1970 FAX: 202 564-2625 E-Mail: nichols.nick@epa.gov Agency Contact: Leigh DeHaven Environmental Protection Agency Solid Waste and Emergency Response 5104A Washington , DC 20460 Phone: 202 564-1974 FAX: 202 564-2625 E-Mail: dehaven.leigh@epa.gov

Environmental Protection Agency (EPA) Solid Waste and Emergency Response ( SWER ) RIN: 2050-AF01

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Title: RCRA Smarter Waste Reporting Abstract: By implementing the Smarter Waste Reporting initiative, EPA hopes to decrease the regulatory burden on respondents completing the Biennial Report (BR) by eliminating the form for waste shipped offsite. [Note: This rule will not be proposed until EPA receives additional legislative authority regarding the e-Manifest system, and the system is developed and operational.] We plan to do this by proposing to: (1) substitute the BR data with the more-timely data from the eManifest system and (2) improve the information we currently receive from respondents who manage their waste onsite, in an effort to improve the quality of BR data.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 40 CFR 262.41 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 6922(a)(6) Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 00/00/0000

Additional Information: SAN No. 4735.

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; State; Tribal Small Entities Affected: No Federalism: No Energy Affected: No Sectors Affected: 2111; 2122; 2211; 3221; 323; 325; 326; 331; 332; 482; 483; 484; 5621; 5622 Agency Contact: Peggy Vyas Environmental Protection Agency Solid Waste and Emergency Response 5302P Washington , DC 20460 Phone: 703 308-5477 FAX: 703 308-8433 E-Mail: vyas.peggy@epa.gov Agency Contact: Dwane Young Environmental Protection Agency Solid Waste and Emergency Response 5302P Washington , DC 20460 Phone: 703 308-8433 FAX: 703 308-8433 E-Mail: young.dwane@epa.govEnvironmental Protection Agency (EPA) Solid Waste and Emergency Response ( SWER ) RIN: 2050-AF03

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Title: Correction of Errors and Adjustment of CERCLA Reportable Quantities Abstract: EPA is considering a proposal for corrections and other adjustments 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.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 40 CFR 302 (Revision) (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 9602 to 9603 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 00/00/0000

Additional Information: SAN No. 4737

Regulatory Flexibility Analysis Required: No Government Levels Affected: Undetermined Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Lynn Beasley Environmental Protection Agency Solid Waste and Emergency Response 5104A Washington , DC 20460 Phone: 202 564-1965 FAX: 202 564-2625 E-Mail: beasley.lynn@epa.gov

Environmental Protection Agency (EPA) Solid Waste and Emergency Response ( SWER ) RIN: 2050-AG20

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Title: Hazardous Waste Manifest Revisions—Standards and Procedures for Electronic Manifests Abstract: This action is aimed at finalizing the development of EPA's Resource Conservation and Recovery Act (RCRA) regulatory standards and procedures that will govern the initiation, signing, transmittal, and retention of hazardous waste manifests using electronic documents and systems. There are a total of 5.1 million manifests processed each year, including state-defined hazardous waste paper manifests. EPA proposed electronic manifest standards in May 2001 as part of a more general manifest revision action that also addressed standardizing the paper manifest form's data elements and procedures (EPA Form 8700-22). The manifest form revisions were decoupled from action on the electronic manifest, and the Final Form Revisions Rule was published in the Federal Register on June 16, 2005. The May 2001 electronic manifest proposed rule was a standards-based decentralized approach under which EPA would establish and maintain the standards that would guide the development of electronic manifest systems by private sector entities that chose to participate in the system. However, since publication of the May 2001 proposed rule, EPA found that there is a broad consensus in favor of a single national "eManifest" system sponsored by EPA, rather than assorted de-centralized commercial systems. Subsequently, in May 2004, EPA conducted a manifest stakeholder meeting to collect additional stakeholder views on the future direction of eManifest. Based on public comment on the 2001 proposed electronic standards and stakeholder feedback at the May 2004 meeting, EPA publisheda Notice of Data Availability (NODA) on 18 April 2006 announcing EPA's preferred approach to develop a centralized webbased eManifest system to be hosted on EPA's Central Data Exchange (CDX) computer hub. However, EPA's ability to publish this final rule will depend on the passing of legislation that would provide EPA with authority to collect and retain user charges for the payment of the development and operation costs related to the eManifest system.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: NoCFR Citation: 40 CFR 260; 40 CFR 262; 40 CFR 263; 40 CFR 264; 40 CFR 265; 40 CFR 271 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 6922; 42 USC 6923; 42 USC 6924; 42 USC 6926; PL 105-277 Legal Deadline: None

Timetable:
Action Date FR Cite Final Action 00/00/0000 NPRM Original 05/22/2001 66 FR 28240 Notice of Public Meeting 04/01/2004 69 FR 17145 NODA 04/18/2006 71 FR 19842 NODA #2 02/26/2008 73 FR 10204

Additional Information: EPA publication information: NPRM Original - http://frwebgate2.access.gpo.gov/cgibin/PDFgate.cgi?WAISdocID=yLwpRg/13/2/0&WAISaction=retrieve; Split from RIN 2050-AE21; EPA Docket information: EPAHQ-RCRA-2001-0032

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Local; State; Tribal Small Entities Affected: No Federalism: No Energy Affected: No RIN Information URL: www.epa.gov/epaoswer/hazwaste/gener/manifest/ Sectors Affected: 325; 2211; 332; 2122; 2111; 326; 331; 323; 3221; 482; 484; 5621; 5622; 483 Agency Contact: Rich LaShier Environmental Protection Agency Solid Waste and Emergency Response 5304P Washington , DC 20460 Phone: 703 308-8796 FAX: 703 308-0514 E-Mail: LaShier.Rich@epa.gov Agency Contact: Bryan Groce Environmental Protection Agency Solid Waste and Emergency Response 5304P Washington , DC 20460 Phone: 703 308-8750 FAX: 703 308-0514 E-Mail: Groce.Bryan@epa.gov

Environmental Protection Agency (EPA) Solid Waste and Emergency Response ( SWER ) RIN: 2050-AG22

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Title: National Contingency Plan Revisions To Align With the National Response Plan Abstract: The purpose of this regulation is to revise the National Contingency Plan (NCP) to align it with the National Response Framework (NRF). The purpose of the NCP is to provide the organizational structure and procedures for preparing for and responding to discharges of oil and releases of hazardous substances, pollutants, and contaminants (see 40 CFR 300.1). The purpose of the NRF is to provide a guide that describes how the nation conducts all-hazard response to domestic incidents. The NRF was developed by the Department of Homeland Security, in consultation with federal (including EPA), State, Tribal, local governments, first responder organizations, private sector preparedness and relief groups. Alignment of the NCP with the NRF will facilitate smooth integration of emergency response activities under the NCP with the NRF when both plans are activated for an incident. The NRF does not alter the existing authorities of Federal departments and agencies, but rather, establishes the coordinating framework to integrate the authorities of various agencies into an all-hazard approach to incident management. EPA is making another minor revision to the NCP. The descriptions of Federal agency capabilities are being updated and modifications are being made, where appropriate, to reflect the Department of Homeland Security organization.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 40 CFR 300 (To search for a specific CFR, visit the Code of Federal Regulations )Legal Authority: 42 USC 9601 et seq Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 00/00/0000

Additional Information: SAN No. 4971

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Local; State; Tribal Small Entities Affected: No Federalism: Undetermined Energy Affected: No Agency Contact: Lynn Beasley Environmental Protection Agency Solid Waste and Emergency Response 5104A Washington , DC 20460 Phone: 202 564-1965 FAX: 202 564-2625 E-Mail: beasley.lynn@epa.gov Agency Contact: Jean Schumann Environmental Protection Agency Solid Waste and Emergency Response 5104A Washington , DC 20460 Phone: 202 564-1977 FAX: 202 564-2620 E-Mail: schumann.jean@epa.gov

Environmental Protection Agency (EPA) Solid Waste and Emergency Response ( SWER ) RIN: 2050-AG34

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Title: Revisions to Land Disposal Restrictions Treatment Standards and Amendments to Recycling Requirements for Spent Petroleum Refining Hydrotreating and Hydrorefining Catalysts Abstract: In response to a rulemaking petition, the Environmental Protection Agency is considering amending the Land Disposal Restriction (LDR) treatment requirements for EPA Waste Codes K172 and F037. EPA is also responding to other elements of the rulemaking petition in this notice. Finally, in response to separate comments received from petroleum industry representatives, EPA is considering proposing a rule to help encourage consistent levels of recycling of spent hydrotreating and hydrorefining catalysts, in a manner that protects human health and the environment.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 40 CFR 261; 40 CFR 268; 40 CFR 271 (To search for a specific CFR, visit the Code of Federal Regulations )

Legal Authority: 42 USC 1006; 42 USC 2002(a); 42 USC 3001-3009; 42 USC 3014; 42 USC 6905; 42 USC 6906; 42 CFR 6912; 42 USC 6921; 42 USC 6922; 42 USC 6924-6927; 42 USC 6934; 42 USC 6937; 42 USC 6938 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 00/00/0000 Notice of Data Availability 10/20/2003 68 FR 59935

Additional Information: EPA publication information: Notice of Data Availability - http://www.epa.gov/fedrgstr/EPAWASTE/2003/November/Day-24/f29319.htm; EPA Docket information: Legacy Docket No. RCRA-2003-0023 for 10/20/03 NODA

Regulatory Flexibility Analysis Required: No Government Levels Affected: State Small Entities Affected: No Federalism: NoEnergy Affected: No Sectors Affected: 32411; 562211 Agency Contact: Ross Elliott Environmental Protection Agency Solid Waste and Emergency Response 5304P Washington , DC 20460 Phone: 703 308-8748 FAX: 703 605-0594 E-Mail: Elliott.Ross@epa.gov

Environmental Protection Agency (EPA) Solid Waste and Emergency Response ( SWER ) RIN: 2050-AG39

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Title: Amendment to the Universal Waste Rule: Addition of Pharmaceuticals Abstract: On December 2, 2008, EPA proposed to add hazardous pharmaceutical wastes to the federal universal waste program. The universal waste regulations streamline the collection requirements for specified hazardous wastes over current Resource Conservation and Recovery Act (RCRA) hazardous waste requirements. Even if included under the universal waste program, pharmaceutical universal wastes will still need to be sent to destination facilities that must comply with the applicable requirements for treatment, storage and disposal facilities under the full hazardous waste regulations. Finally, because this rule is less stringent than current RCRA hazardous waste regulations, authorized states are not required to modify their programs to adopt this regulation, if finalized.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 40 CFR 260; 40 CFR 261; 40 CFR 264; 40 CFR 265; 40 CFR 268; 40 CFR 270; 40 CFR 273 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 6912(a); 42 USC 6921; 42 USC 6922; 42 USC 6923; 42 USC 6924; 42 USC 6926; 42 USC 6927; 42 USC 6930; 42 USC 6937 Legal Deadline: None

Timetable:
Action Date FR Cite Final Action 00/00/0000
NPRM 12/02/2008 73 FR 73520 Extension of Comment Period 01/30/2009 74 FR 5633

Additional Information: EPA publication information: NPRM - http://edocket.access.gpo.gov/2008/E8-28161.htm; EPA Docket information: EPA-HQ-RCRA-2007-0932

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; State; Local; Tribal Small Entities Affected: No Federalism: No Energy Affected: No RIN Information URL: http://www.epa.gov/wastes/hazard/wastetypes/universal/pharm.htm Agency Contact: Lisa Lauer Environmental Protection Agency Solid Waste and Emergency Response 5304P Washington , DC 20460 Phone: 703 308-7418 FAX: 703 308-0514 E-Mail: Lauer.Lisa@epa.gov

Environmental Protection Agency (EPA) Solid Waste and Emergency Response ( SWER ) RIN: 2050-AG40View Related Documents

Title: Emergency Planning and Community Right-To-Know Act: Amendments and Streamlining Rule Abstract: This supplemental proposal will address reporting thresholds for rock salt, sand, gravel, and other chemicals that pose minimal risk. The proposed rule was published on June 8, 1998 (63 FR 31268). 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.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 40 CFR 370 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 11002; 42 USC 11004; 42 USC 11048; 42 USC 11021; 42 USC 11022 Legal Deadline: None

Timetable:
Action Date FR Cite Supplemental NPRM 00/00/0000

Additional Information: Split from RIN 2050-AE17.

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Local; State; Tribal Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Sicy Jacob Environmental Protection Agency Solid Waste and Emergency Response 5104A Washington , DC 20460 Phone: 202 564-8019 FAX: 202 564-2625 E-Mail: Jacob.Sicy@epamail.epa.gov

Environmental Protection Agency (EPA) Solid Waste and Emergency Response ( SWER ) RIN: 2050-AG45

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Title: Standards for the Safe and Environmentally Protective Placement of Coal Combustion Residuals as Minefill in Coal Mines Not Regulated Under the Surface Mining Control and Reclamation Act Abstract: This action is part of a joint rulemaking effort with the Office of Surface Mining (OSM) of the Department of Interior (DOI) using a combination of regulatory authorities available under the Surface Mining Control and Reclamation Act (SMCRA) and the Resource Conservation and Recovery Act. Specifically, EPA is considering performance standards for the environmentally protective placement of coal combustion residuals (CCRs) for filling surface or underground coal mines, referred to as minefilling, not regulated under SMCRA. CCRs are byproducts of the combustion of coal at electric utility and independent power producing facilities. This action results from EPA's Regulatory Determination for fossil fuel combustion wastes (65 FR 32214 May 22, 2000), in which the Agency concluded that national regulations under RCRA (and/or modifications to the existing regulations established under SMCRA) are warranted when these wastes are placed in surface and underground mines. As described in the Regulatory Determination, there is sufficient evidence that adequate controls may not be in place, and that regulations are warranted. This action is also a result of a recommendation by the National Research Council (NRC, Managing Coal Combustion Residues in Coal Mines, 2006) regarding the management of CCRs in coal mines. NRC recommended that OSM and/or EPA promulgate enforceable federal regulations governing the minefilling of CCRs. In response to the NRC study, OSM published on Advanced Notice of Proposed Rulemaking on Placement of CCRs in Active and Abandoned Coal Mines (72 FR 12026, March 14, 2007), which took comment on the appropriateness of modifying SMCRA regulations to address minefilling at mines with SMCRA permits. This action will be coordinated with the OSM proposed rule. The intended benefits of this action will be to prevent contamination or damage to ground waters and surface waters, therebyavoiding risk to human health and the environment, including ecological risks.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: Undetermined CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: Not Yet Determined Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 00/00/0000

Additional Information: SAN No. 5274

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Federal; Local; State; Tribal Small Entities Affected: Business; Governmental Jurisdictions; Organizations Federalism: No
Energy Affected: No RIN Information URL: http://www.epa.gov/epawaste/nonhaz/industrial/special/fossil/index.htm Agency Contact: Bonnie Robinson Environmental Protection Agency Solid Waste and Emergency Response 5304P Washington , DC 20460 Phone: 703 308-8429 FAX: 703 308-8686 E-Mail: Robinson.Bonnie@epamail.epa.gov

Environmental Protection Agency (EPA) Solid Waste and Emergency Response ( SWER ) RIN: 2050-AG51

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Title: Episodic Generation Rulemaking Abstract: EPA is considering the development of a specific regulation associated with facilities that, as a result of certain events, find themselves moving occasionally or "episodically" into a higher hazardous waste generator status. Examples of events that may temporarily affect a facility's generator regulatory status include: construction and demolition debris; equipment maintenance during a plant shut down; removal of post-shelf life inventory; tank cleanouts; and process upsets.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 40 CFR 262 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 6922 (a) Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 00/00/0000

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Sectors Affected: 31-33 Agency Contact: Jim OLeary Environmental Protection Agency Solid Waste and Emergency Response 5304P Washington , DC 20460Phone: 703 308-8827 FAX: 703 308-0514 E-Mail: OLeary.Jim@epa.gov Agency Contact: Charlotte Mooney Environmental Protection Agency Solid Waste and Emergency Response 5403P Washington , DC 20460 Phone: 703 308-7025 FAX: 703 308-0514 E-Mail: mooney.charlotte@epa.gov

Environmental Protection Agency (EPA) Solid Waste and Emergency Response ( SWER ) RIN: 2050-AE95

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Title: Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act; Availability of Information to the Public; Technical Amendment 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 Security and 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 in August 2000. Since the part 1400 regulations restrict the public's access to the OCA sections of RMPs in certain ways, the Agency has decided to withdraw an effort to revise 40 CFR part 68 to reflect the August 2000 rulemaking.

Priority: Info./Admin./Other Agenda Stage of Rulemaking: Completed Action Major: No Unfunded Mandates: No CFR Citation: 40 CFR 68.210 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 7412(r) Legal Deadline: None

Timetable:
Action Date FR Cite Withdrawn 08/27/2010

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Sicy Jacob Environmental Protection Agency Solid Waste and Emergency Response 5104A Washington , DC 20460 Phone: 202 564-8019 FAX: 202 564-2625 E-Mail: Jacob.Sicy@epamail.epa.gov

Environmental Protection Agency (EPA) Solid Waste and Emergency Response ( SWER ) RIN: 2050-AG54

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Title: Identifying the Universe of Government Research in Laboratories and Determining Student Involvement in Generating Laboratory Hazardous Waste Abstract: The Academic Laboratory Rulemaking was published on December 1, 2008. At the time of the rulemaking, theAgency did not have sufficient information about student populations in government research laboratories to include government research laboratories in the applicability of the final Laboratories Rule. Therefore, the Agency had planned to publish a Notice of Data Availability making available the data we have on government research laboratories and solicit comment on whether it is accurate, as well as solicit comment on the number of students in government research laboratories. Thus far, approximately a dozen states have adopted the Academic Laboratories Rule, with many more states still in the process of adopting it. The Agency believes better information on whether to pursue a NODA would be available once implementation of the new rule has been in effect for a period of time. Therefore, the Agency is withdrawing this effort until such time as a better determination may be made.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action Major: No Unfunded Mandates: No CFR Citation: 40 CFR 262 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 6922 Legal Deadline: None

Timetable:
Action Date FR Cite Withdrawn 09/10/2010

Additional Information: Split from RIN 2050-AG18. No legal deadline; EPA Docket information: EPA-HQ-RCRA-2003- 0012

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Local; State Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Patricia Mercer Environmental Protection Agency Solid Waste and Emergency Response 5304P Washington , DC 20460 Phone: 703 308-8408 FAX: 703 308-0522 E-Mail: mercer.patricia@epa.gov Agency Contact: Jessica Biegelson Environmental Protection Agency Solid Waste and Emergency Response 5304P Washington , DC 20460 Phone: 703 308-8286 FAX: 703 308-0026 E-Mail: biegelson.jessica@epa.gov

Environmental Protection Agency (EPA) Solid Waste and Emergency Response ( SWER ) RIN: 2050-AG57

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Title: Withdrawal of Expansion of RCRA Comparable Fuels Exclusion Abstract: EPA promulgated the withdrawal of the ECF (emission comparable fuel) exclusion on June 15, 2010. These are fuels produced from hazardous secondary materials which, when burned in industrial boilers under specified conditions, generate emissions that are comparable to emissions from burning fuel oil in those boilers. EPA withdrew the ECF conditional exclusion because ECF appears to be better regarded as being a discarded material and regulated as a hazardous waste. The exclusions for comparable fuel and synthesis gas fuel are not addressed or otherwise affected by this rule.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action Major: No Unfunded Mandates: No CFR Citation: 40 CFR 261.38 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 6924 Legal Deadline: None

Timetable:Action Date FR Cite
NPRM 12/08/2009 74 FR 64643 NPRM Comment Period End 01/22/2010
Final Action 06/15/2010 75 FR 33712

Additional Information: EPA publication information: NPRM - http://www.regulations.gov/search/Regs/home.html#documentDetail?R=0900006480b01cf7; Split from RIN 2050-AG24.; EPA Docket information: EPA-HQ-RCRA-2005-0017

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: Business Federalism: No Energy Affected: No RIN Information URL: http://www.epa.gov/epaoswer/hazwaste/combust/compfuels/exclusion.htm Sectors Affected: 3251; 5614; 3273; 9281; 3259; 3255; 3241; 3254; 3252; 4884; 5622 Agency Contact: Mary Jackson Environmental Protection Agency Solid Waste and Emergency Response 5302P Washington , DC 20460 Phone: 703 308-8453 FAX: 703 308-8433 E-Mail: jackson.mary@epa.gov Agency Contact: Bob Holloway Environmental Protection Agency Solid Waste and Emergency Response 5302P Washington , DC 20460 Phone: 703 308-8461 FAX: 703 308-8433 E-Mail: holloway.bob@epa.gov

Environmental Protection Agency (EPA) Solid Waste and Emergency Response ( SWER ) RIN: 2050-AG58

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Title: Revise: Cooperative Agreements and Superfund State Contracts for Superfund Response Actions Abstract: 40 CFR part 35 subpart O prescribes requirements for administering cooperative agreements awarded to states, Native American tribes, and political subdivisions to conduct remedial actions, non-time-critical removal actions, pre-remedial activities, and other response activities authorized by the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) section 104(a)-(j). In addition, subpart O prescribes requirements for the Superfund State Contract that is necessary whenever EPA or a political subdivision is the lead agency for a CERCLA remedial action. Subpart O rules were originally promulgated on June 5, 1990 and revised May 2, 2007. The Agency revised the May 2, 2007 rule to further reduce the recipients' burden by allowing quarterly and semiannual progress reports to be due in 60 days, instead of 30 days. Also, under a Superfund State Contract, the recipient may request the EPA for any overpayment of cost share from one site be applied to meet the cost share requirement of another site. These revisions will improve the administration and effectiveness of Superfund Cooperative Agreements and Superfund State Contracts.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action Major: No Unfunded Mandates: No CFR Citation: 40 CFR 35 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 9601 et seq Legal Deadline: None

Timetable:
Action Date FR Cite Final Action 08/13/2010 75 FR 49414

Additional Information: SAN No. 5376; EPA Docket information: EPA-HQ-SFUND-2010-0085.

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Local; State;Tribal Small Entities Affected: No Federalism: No Energy Affected: No RIN Information URL: www.epa.gov/superfund Agency Contact: Angelo Carasea Environmental Protection Agency Solid Waste and Emergency Response 5204P Washington , DC 20460 Phone: 703 603-8828 FAX: 703 603-9104 E-Mail: Carasea.Angelo@epa.gov Agency Contact: Doug Ammon Environmental Protection Agency Solid Waste and Emergency Response 5204P Washington , DC 20460 Phone: 202 347-8925 FAX: 703 603-9104 E-Mail: ammon.doug@epa.gov

Environmental Protection Agency (EPA) Solid Waste and Emergency Response ( SWER ) RIN: 2050-AG59

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Title: SPCC Compliance Date Extension Abstract: On November 13, 2009, EPA amended the Spill Prevention Control, and Countermeasures (SPCC) rule. The amendments completed the SPCC action proposed on October 15, 2007 (72 FR 58378), finalized on December 5, 2008 (73 FR 74236), and for which the Agency considered public comments again in February 2009 (74 FR 5900, February 3, 2009). However, EPA recognizes that because of the changes in this action, and specifically provisions that have been removed from the December 2008 Amendments, facilities may need additional time to comply with the SPCC amendments. Because of the uncertainty surrounding the final amendments to the December 5, 2008 rule and the delay of the effective date.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action Major: No Unfunded Mandates: No CFR Citation: 40 CFR 112 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 33 USC 1321 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 08/03/2010 75 FR 45572 NPRM Comment Period End 09/02/2010
Final Action 10/14/2010 75 FR 63093

Additional Information: Final - http://www.regulations.gov/search/Regs/home.html#documentDetail? R=0900006480bb6eeae; Docket information: EPA-HQ-OPA-2009-0080

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Local; State; Tribal Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Vanessa Principe Environmental Protection Agency Solid Waste and Emergency Response 5104A Washington , DC 20460 Phone: 202 564-7913 FAX: 202 564-2625 E-Mail: principe.vanessa@epa.gov Agency Contact: Mark Howard Environmental Protection Agency Solid Waste and Emergency Response5104A Washington , DC 20460 Phone: 202 564-1964 FAX: 202 564-2625 E-Mail: howard.markw@epa.gov

Environmental Protection Agency (EPA) Solid Waste and Emergency Response ( SWER ) RIN: 2050-AG63

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Title: Temporary Suspension of Certain Oil Spill Response Time Requirements to Support Deepwater Horizon Oil Spill of National Significance (SONS) Response Abstract: This emergency temporary final rule suspends certain oil spill response time requirements and notification requirements for certain facilities and vessels. This rule provides oil spill removal organizations (OSROs), and facilities and vessels with their own response resources, with the ability to relocate response resources from current locations to the Gulf of Mexico to aid in the response to the Deepwater Horizon oil spill. This action facilitates the participation of OSROs, facilities and vessels located outside of the Gulf region. This temporary final rule is effective until December 31, 2010.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action Major: No Unfunded Mandates: No CFR Citation: 40 CFR 112 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 33 USC 1321(j)(1)(c), (j)(5) and (j)(6); EO 12777, 56 FR 54757 Legal Deadline: None

Timetable:
Action Date FR Cite Emergency Temporary Interim Rule 06/30/2010 75 FR 37712

Additional Information: EPA publication information: Emergency Temporary Interim Rulehttp://www.regulations.gov/search/Regs/home.html#documentDetail?R=0900006480b0ea35; Related Agency: Department of Homeland Security, US Coast Guard, RIN 1625-AB49; EPA Docket information: EPA-HQ-OPA-2010-0559

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No RIN Information URL: http://www.epa.gov/oilspill/ Agency Contact: James Bove Environmental Protection Agency Solid Waste and Emergency Response 2366A Washington , DC 20460 Phone: 202 564-9887 FAX: 202 564-5644 E-Mail: Bove.James@epa.gov Agency Contact: J-Troy Swackhammer Environmental Protection Agency Solid Waste and Emergency Response 5104A Washington , DC 20460 Phone: 202 564-1966 FAX: 202 564-2625 E-Mail: Swackhammer.J-Troy@epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AO60

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Title: New Source Performance Standards (NSPS) Review Under CAA Section 111(b)(1)(B) Abstract: The goal of EPA’s New Source Performance Standards (NSPS) Review under CAA section 111(b)(1)(B) is toaddress our obligation to review and revise each NSPS at a minimum of every eight years. The review will outline criteria that the Agency believes indicates that a standard remains effective and need not be reviewed. The strategy also seeks to minimize the administrative burden of the NSPS program by initially addressing those NSPS that remain effective based on “readily available information” and do not need to be revised.

Priority: Other Significant Agenda Stage of Rulemaking: PreRule Major: No Unfunded Mandates: No CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 7411; 42 USC 7429 Legal Deadline: None

Timetable:
Action Date FR Cite
ANPRM 12/00/2010

Additional Information: SAN No. 5168

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: Undetermined Agency Contact: Tina Ndoh Environmental Protection Agency Air and Radiation D205-02 Research Triangle Park , NC 27711 Phone: 919 541-2750 FAX: 919 541-5600 E-Mail: Ndoh.Christina@epamail.epa.gov Agency Contact: Lisa Conner Environmental Protection Agency Air and Radiation D205-02 Research Triangle Park , NC 27711 Phone: 919 541-5060 FAX: 919 541-5600 E-Mail: conner.lisa@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AH90

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Title: Technical Change to Dose Methodology Abstract: The purpose of this action is to make a technical change to the dose methodology used in subpart A of 40 CFR191, entitled Environmental Radiation Protection Standards for the Management and Disposal of Spent Nuclear Fuel, HighLevel Waste and Transuranic Waste. The current methodology is outdated. The dose methodology used in the rule published on September 19, 1985, was based on the target organ approach recommended by the International Commission on Radiological Protection (ICRP) in Report #2. Since that time science has progressed and a new methodology based on an effective dose equivalent approach is currently being recommended by the ICRP in Report #26. This action would propose updating 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.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 190(B); 40 CFR 191(A) (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 2021 Atomic Energy Act of 1954; Reorganization Plan No. 3 of 1970; Nuclear Waste Policy Act of 1982 Legal Deadline: None

Timetable:
Action Date FR CiteFinal Action 00/00/0000
NPRM 08/00/2011

Additional Information: SAN No. 4003

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Brian Littleton Environmental Protection Agency Air and Radiation 6608J Washington , DC 20460 Phone: 202 343-9216 FAX: 202 343-2065 E-Mail: Littleton.Brian@epa.gov Agency Contact: Ray Clark Environmental Protection Agency Air and Radiation 6608J Washington , DC 20460 Phone: 202 343-9198 FAX: 202 343-2065 E-Mail: clark.ray@epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AI43

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Title: Review of the National Ambient Air Quality Standards for Carbon Monoxide Abstract: Under the Clean Air Act, EPA is required to review and, if appropriate, revise the air quality criteria for the primary (health-based) and secondary (welfare-based) national ambient air quality standards (NAAQS) every 5 years. The last CO NAAQS review occurred in 1994 with a decision by the Administrator not to revise the existing standards. The current review which initiated in September 2007 includes the preparation of an Integrated Science Assessment, Risk/Exposure Assessment, and a Policy Assessment Document by EPA, with opportunities for review by EPA's Clean Air Scientific Advisory Committee and the public. These documents inform the Administrator's decision as to whether to retain or revise the standards.

Priority: Economically Significant Agenda Stage of Rulemaking: Proposed Rule Major: Yes Unfunded Mandates: No CFR Citation: 40 CFR 50 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 7408; 42 USC 7409 Legal Deadline:
Action Source Description Date

NPRM Judicial US District Court Northern District of CA San Francisco Division 5/5/08 10/28/2010 Other Judicial US District Court Northern District of CA San Francisco Division 5/5/08 05/13/2011

Regulatory Plan: Statement of Need: As established in the Clean Air Act, the national ambient air quality standards for carbon monoxide are to be reviewed every 5 years.

Legal Basis: Section 109 of the Clean Air Act (42 U.S.C. 7409) directs the Administrator to propose and promulgate "primary" and "secondary" national ambient air quality standards for pollutants identified under section 108 (the "criteria" pollutants). The "primary" standards are established for the protection of public health, while "secondary" standards are to protect against public welfare.

Alternatives: The main alternatives for the Administrator's decision on the review of the national ambient air quality standards for CO are whether to retain or revise the existing standards.

Costs and Benefits: The Clean Air Act makes clear that the economic and technical feasibility of attaining standards are not to be considered in setting or revising the NAAQS, although such factors may be considered in the development of State plans to implement the standards. Accordingly, the Agency prepares cost and benefit information in order to provide States information that may be useful in considering different implementation strategies for meeting proposed or final standards. Costand benefit information is not developed to support a NAAQS rulemaking until sufficient policy and scientific information is available to narrow potential options for the form and level associated with any potential revisions to the standard. Therefore, work on developing the plan for conducting the cost and benefit analysis will generally start 1 1/2 to 2 years following the start of a NAAQS review.

Risks: During the course of this review, risk assessments will be conducted to evaluate health risks associated with retention or revision of the CO standards.
Timetable:
Action Date FR Cite
NPRM 02/00/2011
Final Action 08/00/2011

Additional Information: EPA Docket information: EPA-HQ-OAR-2008-0015

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; State; Local; Tribal Small Entities Affected: No Federalism: No Energy Affected: No RIN Information URL: http://www.epa.gov/ttn/naaqs/standards/co/s_co_index.html Agency Contact: Ines Pagan Environmental Protection Agency Air and Radiation C504-06 Research Triangle Park , NC 27711 Phone: 919 541-5469 E-Mail: pagan.ines@epa.gov Agency Contact: Deirdre Murphy Environmental Protection Agency Air and Radiation C504-06 Research Triangle Park , NC 27711 Phone: 919 541-0729 E-Mail: murphy.deirdre@epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AI62

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Title: National VOC Emission Standards for Consumer Products; Amendments Abstract: This action consists of amendments to the consumer products part 59 VOC rule under Clean Air Act Section 183(e). The amendments are being undertaken to address Clean Air Act Advisory Committee recommendation AQM2.3, which called for aligning the CP rule with the model rule adopted by the Ozone Transport Commission.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 59 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 7511b Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 06/00/2011
Final Action 09/00/2011

Additional Information: SAN No. 4309

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Local; State; Tribal Small Entities Affected: Business Federalism: No Energy Affected: NoSectors Affected: 32599 Agency Contact: Bruce Moore Environmental Protection Agency Air and Radiation E143-01 Research Triangle Park , NC 27711 Phone: 919 541-5460 FAX: 919 541-0246 E-Mail: Moore.Bruce@epamail.epa.gov Agency Contact: Robin Dunkins Environmental Protection Agency Air and Radiation 1200 Pennsylvania Ave, NW Washington , DC 20460 Phone: 919 541-5335 E-Mail: dunkins.robin@epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AK03

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Title: Performance-Based Measurement System For Fuels: Criteria For Self-Qualifying Alternative Test Methods; Description of Optional Statistical Quality Control Measures 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 adoption of new measurement technologies by removing the need for multiple methodspecific rule-makings, but to do so in a way that will not degrade the performance of the overall measurement system. Introduction of statistical quality control for all methods should improve measurement precision and accuracy in actual practice across all methods.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 80 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 7545 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 06/00/2011
Final Action 12/00/2011

Additional Information: SAN No. 4633

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Sectors Affected: 324199; 54199; 334516; 42271; 48691 Agency Contact: Joe Sopata Environmental Protection Agency Air and Radiation 6406J Washington , DC 20460 Phone: 202 343-9034 FAX: 202 343-2801 E-Mail: Sopata.Joe@epamail.epa.gov

Environmental Protection Agency (EPA)Air and Radiation ( AR ) RIN: 2060-AM09

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Title: Protection of Stratospheric Ozone: Amendments to the Section 608 Leak Repair Regulations Abstract: The Environmental Protection Agency (EPA) is proposing changes to the leak repair regulations promulgated under section 608 of the Clean Air Act Amendments of 1990 (CAA or Act). EPA is proposing to lower the leak repair trigger rates for comfort cooling, commercial refrigeration, and industrial process refrigeration and air-conditioning equipment (i.e., appliances) with ozone-depleting refrigerant charges greater than 50 pounds. This action proposes to streamline existing required practices and associated reporting and recordkeeping requirements by establishing similar leak repair requirements for owners or operators of comfort cooling, commercial refrigeration, and industrial process refrigeration appliances. This action also proposes to reduce the use and emissions of ozone-depleting refrigerants by requiring the following: verification and documentation of all repairs, retrofit or retirement of appliances that cannot be sufficiently repaired, mandatory replacement of appliance components that have a history of failures, and mandatory recordkeeping of the determination of the full charge and the fate of recovered refrigerant.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 82.150 to 82.169 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 7671 et seq Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 12/00/2010
Final Action 05/00/2011

Additional Information: EPA Docket information: EPA-HQ-OAR-2003-0167

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: Business Federalism: No Energy Affected: No RIN Information URL: www.epa.gov/ozone/title6/608 Agency Contact: Julius Banks Environmental Protection Agency Air and Radiation 6205J Washington , DC 20460 Phone: 202 343-9870 FAX: 202 565-2155 E-Mail: banks.julius@epamail.epa.gov Agency Contact: Cindy Newberg Environmental Protection Agency Air and Radiation 6205J Washington , DC 20460 Phone: 202 343-9729 E-Mail: Newberg.Cindy@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AM84

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Title: NESHAP: Defense Land Systems and Miscellaneous Equipment Abstract: In this action the EPA is proposing emission standards for hazardous air pollutants (HAP) emissions from surface coating operations performed on-site at installations owned or operated by the Armed Forces of the United States (including the Coast Guard and the National Guard of any such state), the National Aeronautics and Space Administration, and the National Nuclear Security Administration. Additionally, this proposed regulation will consider potential control of HAP emissions from the surface coating of military munitions manufactured by or for the Armed Forces of the United States (including the Coast Guard and the National Guard of any such state). Aerospace and shipbuilding surface coating operations at these installations were originally covered by the already-promulgated MACT standards for aerospace manufacturing and rework and shipbuilding and ship repair. However, other recently-promulgated surface coating MACT standards were also expected to address other surfacecoating operations at these installations (e.g., miscellaneous metal parts and products, plastic parts and products, etc.). Following proposal of these standards EPA received comments indicating that a separate standard for defense operations is a better approach. Accordingly, this proposed rulemaking is related to surface coating activities at installations which do not meet the applicability criteria of either the Aerospace Manufacturing and Rework or Shipbuilding and Ship Repair MACT standards.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: Clean Air Act sec 112 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 12/00/2010

Additional Information: EPA Docket information: EPA-HA-OAR-2005-0527

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Kim Teal Environmental Protection Agency Air and Radiation E143-03 Research Triangle Park , NC 27711 Phone: 919 541-5580 FAX: 919 541-3470 E-Mail: Teal.Kim@epa.gov Agency Contact: Robin Dunkins Environmental Protection Agency Air and Radiation 1200 Pennsylvania Ave, NW Washington , DC 20460 Phone: 919 541-5335 E-Mail: dunkins.robin@epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AN00

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Title: Implementing Periodic Monitoring in Federal and State Operating Permit Programs Abstract: This rule would revise the existing Compliance Assurance Monitoring rule (40 CFR part 64) to be implemented through the operating permits rules (40 CFR parts 70 and 71). The revised CAM rule would define when periodic monitoring must be created for sources to use in determining compliance status relative to applicable requirements (e.g., emissions limits). The revisions would specify criteria and procedures that source owners must address in creating effective periodic monitoring. The revisions will build on the success of the 1997 rule by expanding applicability to include emissions units that do not use add-on control devices but minimize pollutant emissions using other types of control measures. This federal rule will provide forgreater consistency in monitoring requirements than can be achieved through processes applied state-by-state and permit-bypermit. The result will also further satisfy the Clean Air Act requirement that EPA require enhanced monitoring sufficient to assure compliance for all major sources.

Priority: Economically Significant Agenda Stage of Rulemaking: Proposed Rule Major: Yes Unfunded Mandates: Private Sector CFR Citation: 40 CFR 70.6(c)(1); 40 CFR 71.6(c)(1); 40 CFR 64 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 7401 et seq Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 12/00/2010Final Action 01/00/2011

Additional Information: SAN No. 4699.2; Split from RIN 2060-AK29.

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Federal; Local; State; Tribal Small Entities Affected: Business Federalism: No Energy Affected: No Agency Contact: Peter Westlin Environmental Protection Agency Air and Radiation D243-05 Research Triangle Park , NC 27711 Phone: 919 541-1058 FAX: 919 541-1039 E-Mail: Westlin.Peter@epamail.epa.gov Agency Contact: Bob Schell Environmental Protection Agency Air and Radiation D243-05 Research Triangle Park , NC 27711 Phone: 919 541-4116 FAX: 919 541-3207 E-Mail: Schell.Bob@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AN17

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Title: Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Small Municipal Waste Combustors: Remand Response and Amendments Abstract: This rule would amend the final (Dec. 2000) small municipal waste combustors (MWC) new source performance standards (NSPS) and emission guidelines (EG). The small MWC rule regulates owners and operators of small MWC, which are MWC units with capacities between 35 tons per day (tpd) and 250 tpd. This action will respond to the DC Circuit Court's remand of the small MWC standards, including assessment of the MACT floors and all related analyses.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 60 subpart AAAA; 40 CFR 60 subpart BBBB (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: CAA 111; CAA 129 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 12/00/2010

Additional Information: EPA Docket information: EPA-HQ-OAR-2005-0514

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Local; State Small Entities Affected: No Federalism: No Energy Affected: No Sectors Affected: 92411; 562213 Agency Contact: Brian Shrager Environmental Protection Agency Air and Radiation C439-01 Research Triangle Park , NC 27711 Phone: 919 541-7689 E-Mail: shrager.brian@epa.gov Agency Contact: Walt Stevenson Environmental Protection Agency Air and RadiationD243-01 Research Triangle Park , NC 27711 Phone: 919 541-5264 FAX: 919 541-5450 E-Mail: stevenson.walt@epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AN33

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Title: NESHAP: Polyvinyl Chloride and Copolymers Production, Amendments Abstract: This action will amend the National Emission Standards for Hazardous Air Pollutants (NESHAP) for Polyvinyl Chloride and Copolymers. These standards were originally promulgated on July 10, 2002 (67 FR 45886) but were vacated by the D.C. Circuit on June 18, 2004 in Mossville Environmental Action v. EPA, 370 F.3d 1232 (D.C.Cir. 2004).

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 63 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 7412 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 12/00/2010
Final Action 08/00/2011

Additional Information: EPA Docket information: EPA-HQ-OAR-2002-0037

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; State Small Entities Affected: No Federalism: No Energy Affected: No Sectors Affected: 325211 Agency Contact: Jodi Howard Environmental Protection Agency Air and Radiation E143-01 Research Triangle Park , NC 27711 Phone: 919 541-4607 FAX: 919 541-0246 E-Mail: howard.jodi@epamail.epa.gov Agency Contact: KC Hustvedt Environmental Protection Agency Air and Radiation E143-01 Research Triangle Park , NC 27711 Phone: 919 541-5395 E-Mail: hustvedt.ken@epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AN48

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Title: Protection of Stratospheric Ozone: Amending Requirements To Import Ozone-Depleting Substances for Destruction in the U.S. Abstract: EPA is proposing to revise the requirements for import of Class I and Class II controlled ozone-depleting substances (controlled substances) into the United States by streamlining provisions for importing controlled substances specifically for purposes of destruction. The proposed provisions would no longer require used imports for destruction to abide by the petition process but instead require a more efficient pre-notification process to EPA in the form of a certification of intent to import for destruction for all imports for destruction--both used and virgin. The regulation would revise associatedrecordkeeping and reporting requirements for persons who import controlled substances for destruction--replacing an existing set of requirements with a new, more effective set of requirements. EPA is also proposing to revise the regulations governing the destruction of controlled substances under 40 CFR part 82, subpart A, by revising the definitions governing destruction of controlled substances and revising recordkeeping and reporting requirements for persons who destroy controlled substances. While overall burden for respondents will increase, this is due to the additional participants that EPA expects will take advantage of the new regulatory process by importing additional controlled substances for destruction. If there were no additional respondents projected to participate in the import process, overall burden to respondents would decrease. EPA believes that the streamlined regulatory provisions being proposed for importers would ease overall burden, encouraging more imports into the United States for responsible destruction, and thus would result in the destruction of additional quantities of controlled substances in the United States that would have otherwise been emitted into the atmosphere, where they deplete the stratospheric ozone layer.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 82 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 7671 to 7671q Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 12/00/2010
Final Action 06/00/2011

Additional Information: SAN No. 5017; EPA Docket information: EPA-HQ-OAR-2006-0130.

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Federal

Small Entities Affected: No Federalism: No Energy Affected: No International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest. RIN Information URL: www.epa.gov/ozone/destruction.html Agency Contact: Staci Gatica Environmental Protection Agency Air and Radiation 6205J Washington , DC 20460 Phone: 202 343-9469 E-Mail: Gatica.Staci@epamail.epa.gov Agency Contact: Julius Banks Environmental Protection Agency Air and Radiation 6205J Washington , DC 20460 Phone: 202 343-9870 FAX: 202 565-2155 E-Mail: banks.julius@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AN99

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Title: NESHAP: Mercury Cell Chlor-Alkali Plants—Amendments Abstract: This action is a supplemental proposal for amendment of the national emission standards for hazardous air pollutants (NESHAP) for mercury emissions from mercury cell chlor-alkali plants that was promulgated in 2003. The 2003 NESHAP limited mercury air emissions from existing plants and prohibited the use of mercury in new plants. Following promulgation of the 2003 NESHAP, EPA received a petition to reconsider several aspects of the rule from the Natural Resources Defense Council (NRDC). NRDC also filed a petition for judicial review of the rule in the U.S. Court of Appeals for the D.C. Circuit. By a letter dated April 8, 2004, EPA granted NRDC’s petition for reconsideration, and on July 20, 2004, the Court placed the petition for judicial review in abeyance pending EPA’s action on the reconsideration. In May 2008, EPA proposed amendments in response to NRDC’s petition for reconsideration. The 2008 amendments proposed changes to the regulation for cell room fugitive mercury emissions to require recordkeeping of work practice standards for cell rooms in allfacilities as well as to require instrumental monitoring of cell room fugitive mercury emissions for all plants. The 2008 proposed rule also amended aspects of the 2003 NESHAP to correct errors and inconsistencies that had been brought to EPA's attention since the NESHAP was promulgated. This supplemental proposal will cover technical corrections, revise start and shutdown requirements, and include a proposed additional control option.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 63 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 7412 Legal Deadline: None

Timetable:
Action Date FR Cite Final Action 00/00/0000
NPRM 06/11/2008 73 FR 33258 Supplemental NPRM 12/00/2010

Additional Information: EPA publication information: NPRM - http://www.regulations.gov/search/Regs/home.html#documentDetail?R=090000648061e497; EPA Docket information: EPA– HQ– OAR–2002–0017

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: Business Federalism: No Energy Affected: No RIN Information URL: http://www.epa.gov/ttn/atw/hgcellcl/hgcellclpg.html Sectors Affected: 325181 Agency Contact: Donna Jones Environmental Protection Agency Air and Radiation D243-02 Research Triangle Park , NC 27709 Phone: 919 541-5251 FAX: 919 541-3207 E-Mail: jones.donnalee@epa.gov Agency Contact: Steve Fruh Environmental Protection Agency Air and Radiation 1200 Pennsylvania Ave, NW Washington , DC 20460 Phone: 919 541-2837 FAX: 919 541-4991 E-Mail: fruh.steve@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AO03

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Title: National Emission Standards for Hazardous Air Pollutants: Shipbuilding and Ship Repair (Surface Coating) Operations— Amendment Abstract: On December 15, 1995, the EPA issued national emission standards for hazardous air pollutants (NESHAP) under Section 112 of the Clean Air Act for shipbuilding and ship repair (surface coating) operations. The NESHAP sets Maximum Achievable Control Technology (MACT) standards for existing and new major sources of hazardous air pollutant emissions. This action is intended to more clearly state the distinction between and the definition of ship and pleasure craft. It is being issued in response to questions concerning whether yachts greater than 20 meters (78.7 feet) in length are ships and, therefore subject to the shipbuilding NESHAP. This proposed action will ensure that all activities such as pleasure vessels (yachts) intended to be subject to the NESHAP are in fact subject to it.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 63 (To search for a specific CFR, visit the Code of Federal Regulations )Legal Authority: Clean Air Act sec 112 Legal Deadline: None

Timetable:
Action Date FR Cite Direct Final Action 12/29/2006 71 FR 78369
NPRM 12/29/2006 71 FR 78392 Withdrawal of Direct Final 02/27/2007 72 FR 8630 Reproposal 12/00/2010
Final Action 09/00/2011

Additional Information: EPA Docket information: EPA-HQ-OAR-2004-0357

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Sectors Affected: 92811; 336611 Agency Contact: Kaye Whitfield Environmental Protection Agency Air and Radiation 1200 Pennsylvania Ave Washington , DC 20460 Phone: 919 541-2509 FAX: 919 541-1039 E-Mail: whitfield.kaye@epamail.epa.gov Agency Contact: Robin Dunkins Environmental Protection Agency Air and Radiation 1200 Pennsylvania Ave, NW Washington , DC 20460 Phone: 919 541-5335 E-Mail: dunkins.robin@epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AO17

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Title: Revision to Definition of Volatile Organic Compounds—Exclusion of Family of Four Hydrofluoropolyethers (HFPEs) and HFE-347pc-f Abstract: The EPA lists for regulation certain volatile organic compounds (VOCs) as precursors to ozone formation under section 302(s) of the Clean Air Act (CAA) and 40 CFR 51.100(s). While all VOCs have the ability to react in the atmosphere to form ozone, some VOCs react at such a slow rate their contribution to ground-level ozone is negligible. Through regulation, the Agency can exempt negligibly reactive compounds from the definition of VOCs. VOCs that are exempted from the CAA definition are no longer necessary to control in state implementation plans for attaining the national ambient air quality standard for ozone. In 2005 and 2007 the EPA received petitions to exclude a family of four HFPEs and also HFE-347pc-f from the list of regulated VOCs on the basis that, as precursors, these compounds make a negligible contribution to the formation of ground level ozone. These compounds have the potential for use as refrigerants because they are not stratospheric ozone depleters.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 51.100(s) (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: Clean Air Act sec 301 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 04/00/2011
Final Action 12/00/2011

Additional Information: SAN No. 5131Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Small Entities Affected: Business Federalism: No Energy Affected: No Sectors Affected: 3251 Agency Contact: Dave Sanders Environmental Protection Agency Air and Radiation C539-01 Research Triangle Park , NC 27711 Phone: 919 541-3356 FAX: 919 541-0824 E-Mail: Sanders.Dave@epamail.epa.gov Agency Contact: William L Johnson Environmental Protection Agency Air and Radiation C539-01 Research Triangle Park , NC 27525 Phone: 919 541-5245 FAX: 919 541-0824 E-Mail: johnson.williaml@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AO18

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Title: Response to Request for Reconsideration of Final Air Emission MACT Rules for Large Municipal Waste Combustors (MWCs). Abstract: EPA originally adopted air emission standards for new and existing large municipal waste combustors (MWCs) in 1995. As required by section 129 of the Clean Air Act, EPA reviewed these standards and proposed revised standards. The proposal occurred on Dec 19, 2005, and final standards were published on May 10, 2006 (71 FR 27323). A number of individuals filed litigation on various aspects of the standards. Moreover, the Agency received a separate petition to reopen the section 129(a)(2) standards. EPA agreed to initiate such an action. Accordingly, EPA petitioned the court to remand the 2006 LMWC rule to EPA. The court issued the remand in February 2008.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 60 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: Clean Air Act sec 129 Legal Deadline: None

Timetable:
Action Date FR Cite Final Action 00/00/0000 Notice of Reconsideration of Final Rule 03/20/2007 72 FR 13016
NPRM 06/00/2011

Additional Information: EPA publication information: Notice of reconsideration of final rule - http://www.epa.gov/fedrgstr/EPA-AIR/2007/March/Day-20/a5022.htm

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Sectors Affected: 92411; 562213 Agency Contact: Walt Stevenson Environmental Protection Agency Air and Radiation D243-01 Research Triangle Park , NC 27711 Phone: 919 541-5264 FAX: 919 541-5450 E-Mail: stevenson.walt@epa.govAgency Contact: Brian Shrager Environmental Protection Agency Air and Radiation C439-01 Research Triangle Park , NC 27711 Phone: 919 541-7689 E-Mail: shrager.brian@epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AO47

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Title: Review of the National Ambient Air Quality Standards for Particulate Matter Abstract: Under the Clean Air Act, EPA is required to review and, if appropriate, revise the air quality criteria for the primary (health-based) and secondary (welfare-based) national ambient air quality standards (NAAQS) every 5 years. On October 17, 2006, EPA published a final rule to revise the primary and secondary NAAQS for particulate matter to provide increased protection of public health and welfare. With regard to the primary standard for fine particles (generally referring to particles less than or equal to 2.5 micrometers in diameter, PM2.5), EPA revised the level of the 24-hour PM2.5 standard to 35 micrograms per cubic meter (ug/m3) and retained the level of the annual PM2.5 standard at 15 ug/m3. With regard to primary standards for particles generally less than or equal to 10 micrometers in diameter (PM10), EPA retained the 24-hour PM10 standard and revoked the annual PM10 standard. With regard to secondary PM standards, EPA made them identical in all respects to the primary PM standards, as revised. EPA initiated the current review in 2007 with a workshop to discuss key policy-relevant issues around which EPA would structure the review. This review includes the preparation of an Integrated Science Assessment (ISA), Risk/Exposure Assessment (REA), and a Policy Assessment (PA) by EPA, with opportunities for review by EPA's Clean Air Scientific Advisory Committee and the public. These documents inform the Administrator's decision as to whether to retain or revise the standards. The ISA was completed in December 2009, the final REAs for health risk assessment and visibility assessment were finalized in June and July 2010, respectively. The first draft PA was reviewed by CASAC on April 8-9, 2010. The second draft Policy Assessment was reviewed by CASAC on July 26-27, 2010.

Priority: Economically Significant Agenda Stage of Rulemaking: Proposed Rule Major: Yes Unfunded Mandates: No CFR Citation: 40 CFR 50 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 7408; 42 USC 7409 Legal Deadline: None

Regulatory Plan: Statement of Need: As established in the Clean Air Act, the national ambient air quality standards for particulate matter are to be reviewed every 5 years.

Legal Basis: Section 109 of the Clean Air Act (42 U.S.C. 7409) directs the Administrator to propose and promulgate "primary" and "secondary" national ambient air quality standards for pollutants identified under section 108 (the "criteria" pollutants). The "primary" standards are established for the protection of public health, while "secondary" standards are to protect against public welfare.

Alternatives: The main alternatives for the Administrator's decision on the review of the national ambient air quality standards for particulate matter are whether to retain or revise the existing standards and, if revisions are necessary, the indicators, averaging times, forms and levels of the revised standards. Options for these alternatives will be developed as the rulemaking proceeds.

Costs and Benefits: The Clean Air Act makes clear that the economic and technical feasibility of attaining standards are not to be considered in setting or revising the NAAQS, although such factors may be considered in the development of State plans to implement the standards. Accordingly, the Agency prepares cost and benefit information in order to provide States information that may be useful in considering different implementation strategies for meeting proposed or final standards. Cost and benefit information is not developed to support a NAAQS rulemaking until sufficient policy and scientific information is available to narrow potential options for the form and level associated with any potential revisions to the standard. Therefore, work on developing the plan for conducting the cost and benefit analysis will generally start 1 1/2 to 2 years following the start of a NAAQS review.

Risks: During the course of this review, risk assessments have been conducted to evaluate health risks associated with retention or revision of the particulate matter standards. Timetable:
Action Date FR CiteNPRM 03/00/2011
Final Action 11/00/2011

Additional Information: EPA Docket information: EPA-HQ-OAR-2007-0492

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Local; State; Tribal Small Entities Affected: No Federalism: No Energy Affected: No RIN Information URL: www.epa.gov/air/particlepollution/ Agency Contact: Beth Hassett-Sipple Environmental Protection Agency Air and Radiation C504-06 Research Triangle Park , NC 27711 Phone: 919 541-4605 FAX: 919 541-0237 E-Mail: hassett-sipple.beth@epa.gov Agency Contact: Karen Martin Environmental Protection Agency Air and Radiation C504-06 Research Triangle Park , NC 27711 Phone: 919 541-5274 FAX: 919 541-0237 E-Mail: Martin.Karen@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AO50

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Title: Measurement of PM 2.5 and PM 10 Emissions by Dilution Sampling Abstract: This regulation describes the performance specifications and procedures for the measurement of particulate matter with an aerodynamic size cut of both 10 microns and 2.5 microns using a dilution air technique to cause the formation of condensable particulate matter. States which are in non-attainment of the national ambient air quality standards may need to test with this method to determine what contribution specific sources cause to the particulate matter burden. The use of dilution sampling was recommended by EPA’s Science Advisory Board. They believe that the dilution process simulates the formation process that occurs for particles in the ambient air. A cyclonic separator is used to separate the particulate matter into size cuts at 10 and 2.5 microns. The sample gas is then diluted and the condensable particles are formed and removed by filtration. These procedures are somewhat more complicated and costly but provide lower potential for artifact formation. Testing will be performed by the large emissions sources such as electric utilities, municipal incinerators, cement manufacturing, etc. in areas which do not meet the ambient air standards of the national ambient air quality standards. We do not plan to publish a proposal until the completion of the Method 201A/202 Revisions(SAN 5147)

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 51 app M (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 23 USC 101; 42 USC 7401–7671q Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 05/00/2011

Additional Information: SAN No. 5155

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Local; State Small Entities Affected: No Federalism: No Energy Affected: No Sectors Affected: 31-33; 22 Agency Contact: Jason Dewees Environmental Protection AgencyAir and Radiation E143-02 Research Triangle Park , NC 27711 Phone: 919 541-9724 FAX: 919 541-0516 E-Mail: Dewees.Jason@epamail.epa.gov Agency Contact: Candace Sorrell Environmental Protection Agency Air and Radiation E143-02 Research Triangle Park , NC 27711 Phone: 919 541-1064 FAX: 919 541-0516 E-Mail: sorrell.candace@epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AO66

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Title: Plywood and Composite Wood Products (PCWP) NESHAP—Proposed & Final Amendments to Address "No Emission Reduction" MACT Floors Abstract: The U.S. Court of Appeals for the District of Columbia Circuit ordered EPA to re-evaluate the MACT floor for certain PCWP process unit groups. Among the issues to be addressed is MACT floors that had no emission reduction requirements. To meet these regulatory obligations in the face of changing industry practices (e.g., resin reformulation) whose emissions profiles and industry (e.g., MACT floor) impacts have not yet been determined, EPA intends to do the following: 1. Develop an industry-wide survey for distribution late-2010 that focuses on the remand units, PCWP residual risk and technology review, resin reformulations and other process changes. 2. Identify technologies, emission limits and/or work practices 3. Assess risk / conduct technology review 4. Assess impacts and costs 5. Determine options and regulatory course of action (anticipated timing is for a proposal in late 2011 and final in 2012).

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: Undetermined Unfunded Mandates: No CFR Citation: 40 CFR 63 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: Clean Air Act sec 112 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 08/00/2011

Additional Information: SAN No. 5185

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Small Entities Affected: Business Federalism: No Energy Affected: No Sectors Affected: 321999; 321213; 321211; 321219; 321212 Agency Contact: Bill Schrock Environmental Protection Agency Air and Radiation E143-03 Research Triangle Park , NC 27711 Phone: 919 541-5032 FAX: 919 541-3470 E-Mail: schrock.bill@epa.gov Agency Contact: Robin Dunkins Environmental Protection Agency Air and Radiation 1200 Pennsylvania Ave, NW Washington , DC 20460 Phone: 919 541-5335 E-Mail: dunkins.robin@epa.govEnvironmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AO70

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Title: Adoption of International NOx Standard for Aircraft Engines Abstract: This rulemaking would amend the existing United States regulations governing the exhaust emissions from new commercial aircraft gas turbine engines. This action would adopt standards equivalent to the NOx standards of the United Nations International Civil Aviation Organization (ICAO), and thereby bring the United States emission standards into alignment with the internationally adopted standards. These NOx standards were adopted by ICAO's Committee on Aviation Environmental Protection (CAEP) in 2004 and 2010. The proposed rule would establish consistency between United States and international requirements. This action is necessary to ensure that domestic commercial aircraft meet the current international standards.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 87 (Revision) (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 7571 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 02/00/2011
Final Action 11/00/2011

Additional Information: SAN No. 5153

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Sectors Affected: 336412; 336411 Agency Contact: Bryan Manning Environmental Protection Agency Air and Radiation 2000 Traverwood Dr. Ann Arbor , MI 48105 Phone: 734 214-4832 FAX: 734 214-4816 E-Mail: Manning.Bryan@epa.gov Agency Contact: Glenn Passavant Environmental Protection Agency Air and Radiation USEPA Ann Arbor , MI 48105 Phone: 734 214-4408 E-Mail: Passavant.Glenn@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AO72

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Title: Review of the Secondary National Ambient Air Quality Standards for Oxides of Nitrogen and Oxides of Sulfur Abstract: Under the Clean Air Act, EPA is required to review and, if appropriate, revise the air quality criteria for the primary (health-based) and secondary (welfare-based) national ambient air quality standards (NAAQS) every 5 years. On October 11, 1995, EPA published a final rule not to revise either the primary or secondary NAAQS for nitrogen dioxide (NO2). On May 22, 1996, EPA published a final decision that revisions of the primary and secondary NAAQS for sulfur dioxide (SO2) were not appropriate at that time, aside from several minor technical changes. On December 9, 2005, EPA's Office of Research and Development (ORD) initiated the current periodic review of NO2 air quality criteria with a call for information in the Federal Register (FR). On May 3, 2006, ORD initiated the current periodic review of SO2 air quality criteria with a call for information in the FR. Subsequently, the decision was made to review the oxides of nitrogen and the oxides of sulfur together, rather than individually, with respect to a secondary welfare standard for NO2 and SO2. This decision derives from the fact that NO2, SO2,and their associated transformation products are linked from an atmospheric chemistry perspective, as well as from an environmental effects perspective, most notably in the case of secondary aerosol formation and acidification in ecosystems. This review includes the preparation of an Integrated Science Assessment (ISA), Risk/Exposure Assessment (REA), and a Policy Assessment Document (PAD) by EPA, with opportunities for review by EPA's Clean Air Scientific Advisory Committee and the public. These documents inform the Administrator's proposed decision as to whether to retain or revise the standards. It should be noted that this review will be limited to only the secondary standards; the primary standards for SO2 and NO2 were reviewed separately. The ISA, REA and first draft PAD have been completed and a review of the second draft PAD by CASAC is anticipated on October 6 and 7, 2010.

Priority: Economically Significant Agenda Stage of Rulemaking: Proposed Rule Major: Yes Unfunded Mandates: No CFR Citation: 40 CFR 50 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 7408; 42 USC 7409 Legal Deadline:
Action Source Description Date

NPRM Judicial The court has approved the amendments to the consent decree incorporating the revised dates. 07/12/2011

Other Judicial 03/20/2012

Regulatory Plan: Statement of Need: As established in the Clean Air Act, the national ambient air quality standards for oxides of nitrogen and oxides of sulfur are to be reviewed every 5 years.

Legal Basis: Section 109 of the Clean Air Act (42 U.S.C. 7409) directs the Administrator to propose and promulgate "primary" and "secondary" national ambient air quality standards for pollutants identified under section 108 (the "criteria" pollutants). The "primary" standards are established for the protection of public health, while "secondary" standards are to protect against public welfare.

Alternatives: The main alternatives for the Administrator's decision on the review of the national ambient air quality standards for oxides of nitrogen and oxides of sulfur are whether to retain or revise the existing standards.

Costs and Benefits: The Clean Air Act makes clear that the economic and technical feasibility of attaining standards are not to be considered in setting or revising the NAAQS, although such factors may be considered in the development of State plans to implement the standards. Accordingly, the Agency prepares cost and benefit information in order to provide States information that may be useful in considering different implementation strategies for meeting proposed or final standards. Cost and benefit information is not developed to support a NAAQS rulemaking until sufficient policy and scientific information is available to narrow potential options for the form and level associated with any potential revisions to the standard. Therefore, work on the developing the plan for conducting the cost and benefit analysis will generally start 1 1/2 to 2 years following the start of a NAAQS review.

Risks: During the course of this review, risk assessments may be conducted to evaluate public welfare risks associated with retention or revision of the NOx/SOx secondary standards.
Timetable:
Action Date FR Cite
NPRM 07/00/2011
Final Action 03/00/2012

Additional Information: EPA Docket information: EPA-HQ-OAR-2007-1145

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Local; State; Tribal Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Bryan Hubbell Environmental Protection Agency Air and Radiation C504-02 Research Triangle Park , NC 27711 Phone: 919 541-0621 FAX: 919 541-0804 E-Mail: Hubbell.bryan@epa.gov Agency Contact: Ginger Tennant Environmental Protection Agency Air and RadiationC504-06 Research Triangle Park , NC 27711 Phone: 919 541-4072 FAX: 919 541-0237 E-Mail: Tennant.Ginger@epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AP05

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Title: NESHAP: Reinforced Plastic Composites Production Rule Amendments Abstract: In 2003, EPA issued national emission standards for hazardous air pollutants for reinforced plastic composites production (40 CFR 63 subpart WWWW), and this was followed by amendments in 2005. Following these amendments, industry and states have asked for clarification and amendments of some rule requirements. This action will provide the needed clarifications and amendments.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 63 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 7412 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 02/00/2011
Final Action 04/00/2012

Additional Information: SAN No. 5232

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Steve Shedd Environmental Protection Agency Air and Radiation E143-01 Research Triangle Park , NC 27711 Phone: 919 541-5397 FAX: 919 685-3195 E-Mail: Shedd.Steve@epamail.epa.gov Agency Contact: Ken Hustvedt Environmental Protection Agency Air and Radiation E143-01 Research Triangle Park , NC 27711 Phone: 919 541-5395 FAX: 919 685-3200 E-Mail: hustvedt.ken@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AP06

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Title: New Source Performance Standards for Grain Elevators—Amendments Abstract: The New Source Performance Standard for Grain Elevators was promulgated in 1978 with the latest amendments made in 1984. Since that time there have been a number of changes in the technology used for storing and loading/unloading grain at elevators. Definitions in the current regulation do not fit some of the current technologies being used at elevators throughout the country. These definitional issues have come to the forefront most recently due to the increase in ethanolproduction that has lead to bumper crops of corn being grown, which has led to a need for increased grain storage. For these reasons a review/change of these definitions is necessary to ensure the appropriate standards are being applied consistently throughout the industry.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 60.300 (Revision) (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 7411; Clean Air Act sec 111; 15 USC 2005 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 12/00/2010
Final Action 12/00/2011

Additional Information: SAN No. 5233

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Sectors Affected: 115114 Agency Contact: Bill Schrock Environmental Protection Agency Air and Radiation E143-03 Research Triangle Park , NC 27711 Phone: 919 541-5032 FAX: 919 541-3470 E-Mail: schrock.bill@epa.gov Agency Contact: Robin Dunkins Environmental Protection Agency Air and Radiation 1200 Pennsylvania Ave, NW Washington , DC 20460 Phone: 919 541-5335 E-Mail: dunkins.robin@epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AP17

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Title: Regulation of Fuel and Fuel Additives: Gasoline and Diesel Fuel Test Methods (Alternative Test Method for Olefins in Gasoline) Abstract: This rule would allow refiners and laboratories to use more current and improved fuel testing procedures for certain American Society for Testing and Materials (ASTM) analytical test methods. Once these test method changes are adopted, they will supersede the corresponding earlier versions of these test methods in EPA’s motor vehicle fuel regulations. Finally, the rule would allow an alternative test method for olefins in gasoline. This rule would allow improvements in the test method procedure to ensure better operation and provide additional flexibility to the regulated community. The clean air benefits of EPA’s gasoline and diesel motor vehicle fuel programs will continue to be realized. There will be no adverse health or environmental impact as a result of these test method changes or updates.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 80 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: Clean Air Act sec 211 Legal Deadline: None

Timetable:
Action Date FR Cite Direct Final Action 12/08/2008 73 FR 74350
NPRM 12/08/2008 73 FR 74403Partial Withdrawl of Direct Final Rule 02/06/2009 74 FR 6233 Supplemental NPRM 12/00/2010

Additional Information: SAN No. 5261; EPA publication information: NPRM - http://www.epa.gov/fedrgstr/EPAAIR/2008/December/Day-08/a28372.pdf.

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Joe Sopata Environmental Protection Agency Air and Radiation 6406J Washington , DC 20460 Phone: 202 343-9034 FAX: 202 343-2801 E-Mail: Sopata.Joe@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AP22

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Title: Revision to Definition of Volatile Organic Compounds—Exclusion of Methyl Iodide Abstract: The EPA lists for regulation certain volatile organic compounds (VOCs) as precursors to ozone formation under section 302(s) of the Clean Air Act (CAA) and 40 CFR 51.100(s). While all VOCs have the ability to react in the atmosphere to form ozone, some VOCs react at such a slow rate their contribution to ground-level ozone is negligible. Through regulation, the Agency can exempt negligibly reactive compounds from the definition of VOCs. VOCs that are exempted from the CAA definition are no longer necessary to control in state implementation plans for attaining the national ambient air quality standard for ozone. This rule would address whether EPA should exempt methyl iodide based on its reactivity. This compound is used as a pesticide.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 51.100 (s) (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: CAA301 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 02/00/2011

Additional Information: We are receiving assistance from the Significant New Alternatives Policy (SNAP) Program and from Regional Office 4 and 9; EPA Docket information: EPA-HQ-OAR-2008-0350

Regulatory Flexibility Analysis Required: No Government Levels Affected: State Small Entities Affected: Business Federalism: No Energy Affected: No Agency Contact: Dave Sanders Environmental Protection Agency Air and Radiation C539-01 Research Triangle Park , NC 27711 Phone: 919 541-3356 FAX: 919 541-0824 E-Mail: Sanders.Dave@epamail.epa.gov Agency Contact: William L Johnson Environmental Protection Agency Air and Radiation C539-01 Research Triangle Park , NC 27525 Phone: 919 541-5245 FAX: 919 541-0824E-Mail: johnson.williaml@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AP24

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Title: Implementation of the 2010 National Ambient Air Quality Standard for Ozone, Waiver of Stage II Vapor Recovery Requirements and Anti-Backsliding Requirements for the Section 185 Fee Program Abstract: This action would establish rules and policies for implementing the 8-hour ozone national ambient air quality standard (NAAQS) established through a final action reconsidering the 2008 8-hour ozone standard. This implementation rule would addresses the classification system for designated nonattainment areas, anti-backsliding requirements for the 1997 ozone standard, and the implementation requirements under the Clean Air Act, title I, part D, subparts 1 and 2 as they would apply to a final 2010 standard, including requirements for attainment demonstrations, reasonable further progress, reasonably available control technology (RACT), reasonably available control measures (RACM), nonattainment new source review (NSR), emission inventory, and others. In addition, it would address the timing of SIP submissions, compliance periods, and attainment dates, and would address other implementation topics.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: Undetermined CFR Citation: 40 CFR 51; 40 CFR 50 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 7409; 42 USC 7410; 42 USC 7511 to 7511f; 42 USC 7601(a)(1) Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 12/00/2010
Final Action 04/00/2011

Additional Information: EPA Docket information: EPA-HQ-OAR-2010-0885

Regulatory Flexibility Analysis Required: No Government Levels Affected: State Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Butch Stackhouse Environmental Protection Agency Air and Radiation C539-01 Research Triangle Park , NC 27711 Phone: 919 541-5208 FAX: 919 541-0824 E-Mail: Stackhouse.Butch@epamail.epa.gov Agency Contact: Kimber Scavo Environmental Protection Agency Air and Radiation C539-01 Research Triangle Park , NC 27711 Phone: 919 541-3354 FAX: 919 541-4028 E-Mail: scavo.kimber@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AP26

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Title: NESHAP Subpart W: Standards for Radon Emissions From Operating Uranium Mill Tailings: Review Abstract: NESHAP subpart W protects human health and the environment by setting radon emission standards and work practices for operating uranium mill tailings impoundments. EPA is in the process of reviewing this standard. If necessary, the agency will revise the NESHAP requirements for radon emissions from operating uranium mill tailings.Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: Undetermined CFR Citation: 40 CFR 61.250 - 61.256 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 7401 et seq Legal Deadline: None

Timetable:
Action Date FR Cite Final Action 00/00/0000
NPRM 08/00/2011

Additional Information: SAN No. 5281

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Federal; State

Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Reid Rosnick Environmental Protection Agency Air and Radiation 6608J Washington , DC 20460 Phone: 202 343-9563 FAX: 202 343-2304 E-Mail: Rosnick.Reid@epamail.epa.gov Agency Contact: Loren Setlow Environmental Protection Agency Air and Radiation 6608J Washington , DC 20460 Phone: 202 343-9445 FAX: 202 343-2304 E-Mail: Setlow.Loren@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AP34

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Title: NSPS Equipment Leaks (Subpart VV SOCMI and GGG Petroleum Refineries); Amendments Abstract: On November 16, 2007 EPA published amendments to the new source performance standards for equipment leaks in 40 CFR part 60, subparts VV, and GGG, and promulgated new subparts VVa and GGGa. After promulgation of the rule we received a petition for reconsideration from the American Chemistry Council (ACC), American Petroleum Institute (API), and National Petrochemical Refiners Association (NPRA), which we granted in part on March 4, 2008. This action will address those reconsideration issues.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 60 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 7411 Legal Deadline: None

Timetable:
Action Date FR Cite Final Action 00/00/0000
NPRM 03/00/2011

Additional Information: Split from RIN 2060-AO90; EPA Docket information: EPA-HQ-OAR-2006-0699

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Small Entities Affected: No Federalism: NoEnergy Affected: No Agency Contact: Jodi Howard Environmental Protection Agency Air and Radiation E143-01 Research Triangle Park , NC 27711 Phone: 919 541-4607 FAX: 919 541-0246 E-Mail: howard.jodi@epamail.epa.gov Agency Contact: Ken Hustvedt Environmental Protection Agency Air and Radiation E143-01 Research Triangle Park , NC 27711 Phone: 919 541-5395 FAX: 919 685-3200 E-Mail: hustvedt.ken@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AP41

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Title: In-Use Emissions Testing for Nonroad Diesel Engines and Amendments to General Compliance Provisions for Nonroad Engines Abstract: This rulemaking will establish a manufacturer-run, in-use emissions testing program for 2013 and later model year nonroad diesel engines used in non-road equipment. The new program will assess in-use gaseous and particulate exhaust emission rates from nonroad diesel engines using portable emission measurement systems. Manufacturers will monitor compliance with the applicable not-to-exceed emission standards by typically testing in-use diesel engines during normal operation. If potentially non-complying engines are identified, the manufacturer will test more engines for the purpose of determining if any further action is necessary. EPA will likewise evaluate the in-use emissions data to make independent determinations about the possible need to pursue further testing or to initiate remedial actions. The in-use test data will not only be used by EPA to assure that emission standards are being met, but also by manufacturers to improve their engine designs. This program will address a serious, long-standing need for “real-world” in-use testing data to gauge the performance of engine emission controls.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: Undetermined CFR Citation: 40 CFR 80; 40 CFR 1033; 40 CFR 1042; 40 CFR 1045; 40 CFR 54; 40 CFR 1065 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 7401 to 7671 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 12/00/2010
Final Action 09/00/2011

Additional Information: SAN No. 5318

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Sectors Affected: 336112 Agency Contact: Rich Wilcox Environmental Protection Agency Air and Radiation NVFEL Ann Arbor , MI 48105 Phone: 734 214-4390 E-Mail: Wilcox.Rich@epamail.epa.gov Agency Contact: Philip Carlson Environmental Protection Agency Air and RadiationAANC Ann Arbor , MI 48105 Phone: 734 214-4270 E-Mail: Carlson.Philip@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AP52

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Title: National Emission Standards for Hazardous Air Pollutants for Coal- and Oil-Fired Electric Utility Steam Generating Units Abstract: On May 18, 2005 (70 FR 28606), EPA published a final rule requiring reductions in emissions of mercury from Electric Utility Steam Generating Units. That rule was vacated on February 8, 2008, by the U.S. Court of Appeals for the District of Columbia Circuit. As a result of that vacatur, coal- and oil-fired electric utility steam generating units remain on the list of sources that must be regulated under section 112 of the Clean Air Act (CAA). The Agency will develop standards under CAA section 112(d), which will reduce hazardous air pollutant (HAP) emissions from this source category. Recent court decisions on other CAA section 112(d) rules will be considered in developing this regulation.

Priority: Economically Significant Agenda Stage of Rulemaking: Proposed Rule Major: Yes Unfunded Mandates: Undetermined CFR Citation: 40 CFR 63 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: Clean Air Act sec 112(d) Legal Deadline:
Action Source Description Date

NPRM Judicial No later than March 16, 2011, EPA shall sign for publication in the Federal Register a notice of proposed rulemaking. 03/16/2011

Other Judicial No later than November 16, 2011, EPA shall sign for publication in the Federal Register a notice of final rulemaking. 11/16/2011

Regulatory Plan: Statement of Need: Section 112(n)(1)(A) of the Clean Air Act required EPA to conduct a study of the hazards to public health resulting from emissions of hazardous air pollutants from electric utility steam generating units and, after considering the results of that study, determine whether it was appropriate and necessary to regulate such units under section 112. The study was completed in 1998 and in December 2000, EPA determined that it was appropriate and necessary to regulate coal- and oil-fired electric utility steam generating units and added such units to the list of sources for which standards must be developed under section 112. The February 8, 2008, vacatur of the May 18, 2005, Clean Air Mercury Rule and March 29, 2005, section 112(n) Revision Rule (which had removed such sources from the list) resulted in the requirement to regulate under section 112 being reinstated.

Legal Basis: Clean Air Act, section 112

Alternatives: Not yet determined.

Costs and Benefits: Not yet determined.

Risks: Not yet determined. Timetable:
Action Date FR Cite
NPRM 03/00/2011
Final Action 11/00/2011

Additional Information: EPA Docket information: EPA-HQ-OAR-2009-0234

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Federal; Local; State; Tribal Small Entities Affected: No Federalism: Undetermined Energy Affected: Undetermined Sectors Affected: 221112 Agency Contact: Bill Maxwell Environmental Protection Agency Air and Radiation D243-01Research Triangle Park , NC 27711 Phone: 919 541-5430 FAX: 919 541-5450 E-Mail: maxwell.bill@epamail.epa.gov Agency Contact: Robert J Wayland Environmental Protection Agency Air and Radiation C439-01 Research Triangle Park , NC 27711 Phone: 919 541-1045 E-Mail: wayland.robertj@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AP61

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Title: Control of Greenhouse Gas Emissions From Medium and Heavy-Duty Vehicles Abstract: This action will be jointly proposed by the Environmental Protection Agency (EPA) and the Department of Transportation (DOT) to set national emission standards under the Clean Air Act (CAA) and Energy Independence and Security Act (EISA) to reduce greenhouse gas emissions and improve fuel energy for heavy duty trucks and buses. This rulemaking would significantly reduce GHG emissions from future heavy duty vehicles by setting GHG standards that would lead to the introduction of GHG-reducing vehicle and engine technologies. This action follows the U.S. Supreme Court decision in Massachusetts vs. EPA and would follow EPA’s formal determination on endangerment for GHG emissions. This rulemaking also follows the Advance Notice of Proposed Rulemaking "Regulating Greenhouse Gas Emissions Under the Clean Air Act," (73 FR 44354, Jul. 20, 2008).

Priority: Economically Significant Agenda Stage of Rulemaking: Proposed Rule Major: Yes Unfunded Mandates: Private Sector CFR Citation: 40 CFR 1036, 1037, 1066, and 1068 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: Clean Air Act sec 202 Legal Deadline: None

Regulatory Plan: Statement of Need: EPA recently proposed to find that emissions of greenhouse gases from new motor vehicles and engines cause or contribute to air pollution that may reasonably be anticipated to endanger public health and welfare. Therefore, there is a need to reduce GHG emissions from medium- and heavy-duty vehicles to protect public health and welfare. The medium- and heavy-duty truck sector accounts for approximately 18 percent of the U.S. mobile source GHG emissions and is the second largest mobile source sector. GHG emissions from this sector are forecast to continue increasing rapidly; reflecting the anticipated impact of factors such as economic growth and increased movement of freight by trucks. This rulemaking would significantly reduce GHG emissions from future medium- and heavy-duty vehicles by setting GHG standards that will lead to the introduction of GHG reducing vehicle and engine technologies.

Legal Basis: The Clean Air Act section 202(a)(1) states that "The Administrator shall by regulation prescribe (and from time to time revise) in accordance with the provisions of this section, standards applicable to the emission of any air pollutant from any class or classes of new motor vehicles or new motor vehicle engines, which in his judgment cause, or contribute to, air pollution which may reasonably be anticipated to endanger public health or welfare." Section 202(a) covers all on-highway vehicles including medium- and heavy-duty trucks. In April 2007, the Supreme Court found in Massachusetts v. EPA that greenhouse gases fit well within the Act’s capacious definition of “air pollutant” and that EPA has statutory authority to regulate emission of such gases from new motor vehicles. Lastly, in April 2009, EPA issued the Proposed Endangerment and Cause or Contribute Findings for Greenhouse Gases under the Clean Air Act. The endangerment proposal stated that greenhouse gases from new motor vehicles and engines cause or contribute to air pollution that may reasonably be anticipated to endanger public health and welfare.

Alternatives: The rulemaking proposal will include an evaluation of regulatory alternatives that can be considered in addition to the Agency's primary proposal. In addition, the proposal is expected to include tools such as averaging, banking, and trading of emissions credits as an alternative approach for compliance with the proposed program.

Costs and Benefits: Detailed analysis of economy-wide cost impacts, greenhouse gas emission reductions, and societal benefits will be performed during the rulemaking process. Initial estimates indicate that the vehicles produced during the first 5 years after implementation of the program could achieve reductions of up to 250 million metric ton of CO2 emissions during the lifetime of these trucks. The costs associated with the GHG control technologies are expected to pay for themselves through fuel cost savings within the first 2 to 5 years of the vehicle's life.Risks: The failure to set new GHG standards for medium- and heavy-duty trucks risks continued increases in GHG emissions from the trucking industry and therefore increased risk of unacceptable climate change impacts. Timetable:
Action Date FR Cite
NPRM 12/00/2010
Final Action 08/00/2011

Additional Information: SAN No. 5355.

Regulatory Flexibility Analysis Required: No Government Levels Affected: Undetermined Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Byron Bunker Environmental Protection Agency Air and Radiation AAHDOC Ann Arbor , MI 48105 Phone: 734 214-4155 E-Mail: Bunker.Byron@epamail.epa.gov Agency Contact: Angela Cullen Environmental Protection Agency Air and Radiation AAHDOC Ann Arbor , MI 48105 Phone: 734 214-4419 E-Mail: Cullen.Angela@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AP63

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Title: Emissions Factors Program Improvements Abstract: EPA intends to improve the air pollutant emissions factors program. Most EPA emissions factors reside in a database called AP-42. In order to acquire adequate data for the development or improvement of the emissions factors, we are seeking comment on requiring the submission (via electronic reporting) of certain performance testing information already collected by industry. Performance tests are conducted to measure the air pollutant emissions from an industrial process and used as an indicator of compliance with regulations. This last element of the process of improving the emissions factors program will require formal rulemaking and will encompass performance testing required by Federal rules codified in 40 CFR parts 60, 61, and 63.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: Undetermined CFR Citation: 40 CFR 60, 61, and 63 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: Not Yet Determined Legal Deadline: None

Timetable:
Action Date FR Cite Final Action 00/00/0000
ANPRM 10/14/2009 74 FR 52723 ANPRM Comment Period End 11/13/2009 ANPRM Comment Period Extended 11/13/2009 74 FR 58574 ANPRM Comment Period End 12/14/2009
NPRM 01/00/2011

Additional Information: ANPRM - http://www.epa.gov/fedrgstr/EPA-AIR/2009/October/Day-14/a24684.pdf ANPRM - Extension of Public Comment Period - http://www.regulations.gov/search/Regs/contentStreamer? objectId=0900006480a417c0&disposition=attachment&contentType=html

Regulatory Flexibility Analysis Required: No Government Levels Affected: UndeterminedSmall Entities Affected: No Federalism: No Energy Affected: Undetermined Sectors Affected: 11 Agency Contact: Tom Driscoll Environmental Protection Agency Air and Radiation D243-05 Research Triangle Park , NC 27711 Phone: 919 541-5135 FAX: 919 541-4028 E-Mail: Driscoll.Tom@epamail.epa.gov Agency Contact: Bob Schell Environmental Protection Agency Air and Radiation D243-05 Research Triangle Park , NC 27711 Phone: 919 541-4116 FAX: 919 541-3207 E-Mail: Schell.Bob@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AP66

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Title: Alternative Work Practices for Leak Detection and Repair, Amendments Abstract: On December 22, 2008, EPA published a voluntary alternative work practice for leak detection and repair using a newly developed technology, optical gas imaging. After promulgation of the rule, the Agency received a request for administrative reconsideration from American Petroleum Institute (API) on February 20, 2009. This package will address the reconsideration issues.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 60; 40 CFR 61; 40 CFR 63; 40 CFR 65 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 7401 et seq Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 02/00/2011

Additional Information: EPA Docket information: EPA-HQ-OAR-2003-0197

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Small Entities Affected: No Federalism: No Energy Affected: No Sectors Affected: 325211 Agency Contact: Jodi Howard Environmental Protection Agency Air and Radiation E143-01 Research Triangle Park , NC 27711 Phone: 919 541-4607 FAX: 919 541-0246 E-Mail: howard.jodi@epamail.epa.gov Agency Contact: Ken Hustvedt Environmental Protection Agency Air and Radiation E143-01 Research Triangle Park , NC 27711 Phone: 919 541-5395 FAX: 919 685-3200E-Mail: hustvedt.ken@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AP71

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Title: Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Reasonable Possibility in Recordkeeping; Reconsideration Abstract: The EPA is convening a proceeding for reconsideration of a final rule published in the Federal Register on December 21, 2007 (72 FR 62607). The subject rule was promulgated in response to a remand by the U.S. Court of Appeals for the District of Columbia Circuit in New York v. EPA, 413 F.3d 3 (D.C. Cir. 2005), in order to clarify the "reasonable possibility" recordkeeping and reporting standard under the New Source Review (NSR) program. After review of issues raised by the State of New Jersey by petition and letter, we have decided to exercise our discretion to conduct a reconsideration of this final rule and will therefore be reopening the public comment period for the rule. The rule will remain in effect while our reconsideration proceeding is under way.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 51 app S; 40 CFR 51.165; 40 CFR 51.166; 40 CFR 52.21 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: CAA title 1 parts C and D Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 07/00/2011
Final Action 05/00/2012

Additional Information: Split from RIN 2060-AN88; EPA Docket information: EPA-HQ-OAR-2001-0004

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No RIN Information URL: http://www.epa.gov/nsr/ Agency Contact: David Painter Environmental Protection Agency Air and Radiation C504-03 Research Triangle Park , NC 27711 Phone: 919 541-5515 FAX: 919 541-5509 E-Mail: painter.david@epa.gov Agency Contact: Raj Rao Environmental Protection Agency Air and Radiation C504-03 Research Triangle Park , NC 27711 Phone: 919 541-5344 FAX: 919 541-5509 E-Mail: Rao.Raj@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AP72

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Title: Proposal to Revise the Interpollutant Trading Policy for PM2.5 Offsets Abstract: In 2010, EPA received and granted a petition from the National Resource Defense Council and Sierra Club for reconsideration of 4 provisions contained in its May 16, 2008, final rule for implementing PM2.5 under the Prevention of Significant Deterioration (PSD) program. The 4 challenged provisions include, (1) allowing states with State ImplementationPlan-approved PSD programs up to 3 years to revise and submit the new PM2.5 requirements to EPA for approval; (2) allowing the same states to continue using EPA’s 1997 PM10 Surrogate Policy until such revisions are approved by EPA; (3) allowing permit applicants to exclude, until January 1, 2010, any amounts of condensable particulate matter from the calculation of the proposed source’s potential to emit for applicability purposes; and (4) allowing sources in PM2.5 nonattainment areas to use emissions from precursors of PM2.5 as offsets for significant increases of PM2.5 emissions, using ratios developed by EPA or ratios developed and demonstrated by the state. Issues 2 and 3 were addressed in earlier rulemakings, and we are taking no action on issue 1. This action completes the proceeding for reconsidering the challenged provisions by addressing the remaining issue (issue 4) associated with interpollutant offsets for PM2.5.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 51 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 7410; 42 USC 7501 et seq; 42 USC 7601(a)(1) Legal Deadline: None

Timetable:
Action Date FR Cite Final Action 00/00/0000
NPRM 04/00/2011

Additional Information: Split from RIN 2060-AN86. Split from RIN 2060-AK74.; EPA Docket information: EPA-HQ-OAR2003-0062

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Local; State; Tribal Small Entities Affected: No Federalism: No Energy Affected: No RIN Information URL: http://www.epa.gov/nsr/ Agency Contact: Dan deRoeck Environmental Protection Agency Air and Radiation C504-03 Research Triangle Park , NC 27711 Phone: 919 541-5593 FAX: 919 685-3009 E-Mail: Deroeck.Dan@epamail.epa.gov Agency Contact: Raj Rao Environmental Protection Agency Air and Radiation C504-03 Research Triangle Park , NC 27711 Phone: 919 541-5344 FAX: 919 541-5509 E-Mail: Rao.Raj@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AP76

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Title: Oil and Natural Gas Sector—New Source Performance Standards, National Emission Standards for Hazardous Air Pollutants, and Control Techniques Guidelines Abstract: New Source Performance Standards (NSPS) regulate criteria pollutants from new stationary sources. Two NSPS (subparts KKK and LLL) for the oil and natural gas industry were promulgated in 1985. Section 111 of the Clean Air Act (CAA) requires that NSPS be reviewed every 8 years and revised as appropriate. National Emission Standards for Hazardous Air Pollutants (NESHAP) regulate hazardous air pollutants (HAP) from new and existing stationary sources. Two NESHAP (subparts HH and HHH) for the oil and natural gas industry were promulgated in 1999. Section 112 of the CAA requires that NESHAP be reviewed every 8 years and revised as appropriate. In addition, section 112(f) requires that each category regulated under section 112(d) be reviewed to ensure that such regulations provide for an ample margin of safety to protect public health (i.e. address "residual risk" for each category). This action will include the required reviews under sections 111 and 112. The development of control techniques guidelines (CTG) for criteria pollutants will also be done under this action. Since the existing regulations are narrow in scope, the reviews will include consideration of broadening the scope of operations and emissions points covered by the NSPS and the MACT.Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: Undetermined CFR Citation: 40 CFR 60 and 63 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 7411 and 7412 Legal Deadline:
Action Source Description Date

NPRM Judicial Consent Decree entered 02/04/2010 01/31/2011 Other Judicial Consent Decree entered 02/04/2010 11/30/2011

Timetable:
Action Date FR Cite
NPRM 02/00/2011
Final Action 11/00/2011

Additional Information: EPA Docket information: EPA-HQ-OAR-2010-0505

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Small Entities Affected: No Federalism: No Energy Affected: Undetermined Agency Contact: Bruce Moore Environmental Protection Agency Air and Radiation E143-01 Research Triangle Park , NC 27711 Phone: 919 541-5460 FAX: 919 541-0246 E-Mail: Moore.Bruce@epamail.epa.gov Agency Contact: Ken Hustvedt Environmental Protection Agency Air and Radiation E143-01 Research Triangle Park , NC 27711 Phone: 919 541-5395 FAX: 919 685-3200 E-Mail: hustvedt.ken@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AP84

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Title: NESHAP Standard Standards for Petroleum Refineries—Heat Exchangers Abstract: Under the Clean Air Act (CAA) section 112(d)(6), EPA is required to review standards issued under section 112 and to revise them "as necessary (taking into account developments in practices, processes and control technologies)" no less frequently than every 8 years. EPA also must evaluate the Maximum Achievable Control Technology (MACT) standards within 8 years after promulgation and promulgate standards under CAA section 112 (f)(2) if required to provide an ample margin of safety to protect public health or prevent an adverse environmental effect. We are currently reviewing our existing standards and also the underlying rules that are often referenced by these standards. As a result of this review, we have noted the need to consolidate rule requirements, and to update control requirements based on the risk and technology reviews under both section 112 and 111. Additionally, we recognize that most chemical and refinery sector operations have similar emission sources that are often required to be controlled to the similar levels by the same type of control devices and work practice standards, although on a piecemeal fashion such that the requirements may differ slightly from source to source without any tangible environmental benefits. We are therefore developing a limited number of rules (standard standards) that are consistent and that can be applied to numerous sources in the chemicals and refining sector. This effort will consist of developing the heat exchanger standard, including developing control options to address technology review under both 112 and 111, addressing the control of VOC, HAP, and other pollutants, as appropriate, estimating the impacts of regulatory options, emission reductions, impacts on risk, costs, cost effectiveness, and economic impacts for the refining and chemicals sector.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: NoCFR Citation: 40 CFR 63 (Revision) (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 7412 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 01/00/2011

Additional Information: Split from RIN 2060-AP70. Split from RIN 2060-AO55. Split from RIN 2060-AN85; EPA Docket information: EPA-HQ-OAR-2003--0146

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Sectors Affected: 32411 Agency Contact: Bob Lucas Environmental Protection Agency Air and Radiation E143-01 Research Triangle Park , NC 27711 Phone: 919 541-0884 FAX: 919 541-0246 E-Mail: lucas.bob@epa.gov Agency Contact: Ken Hustvedt Environmental Protection Agency Air and Radiation E143-01 Research Triangle Park , NC 27711 Phone: 919 541-5395 FAX: 919 685-3200 E-Mail: hustvedt.ken@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AP89

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Title: Federal Reference Method for Lead in Total Suspended Particulate Matter Abstract: On November 12, 2008 EPA substantially strengthened the national ambient air quality standards (NAAQS) for lead. EPA revised the level of the primary (health-based) standard from 1.5 micrograms per cubic meter (μg/m3) to 0.15μg/m3, measured as total suspended particles (TSP) and revised the secondary (welfare-based) standard to be identical in all respects to the primary standard. In conjunction with strengthening the lead (Pb) NAAQS, EPA identified the need for states to improve existing lead monitoring networks. Depending on specific circumstances, States may have the option of using monitoring for either lead in TSP (Pb-TSP) or lead in PM10 (Pb-PM10) using approved Federal Reference Methods (FRMs) or Federal Equivalent Methods (FEMs) to meet monitoring requirements. To support new monitoring requirements, an FRM for Pb-PM10 was developed with the November 8, 2008 rulemaking. The FRM for Pb-TSP was left unchanged. The Pb-TSP FRM was promulgated in 1978. EPA recognizes that significant advances in measurement technology have been made since the promulgation of the original FRM. In order to support new monitoring requirements for Pb-TSP and update the FRM to improve it based on advanced measurement technology, a new FRM must be developed.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 50 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 7403,7410,7601(a),7611,7618 Legal Deadline: None

Timetable:
Action Date FR Cite Final Action 00/00/0000
NPRM 10/00/2011

Additional Information: SAN No. 5388Regulatory Flexibility Analysis Required: No Government Levels Affected: State Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Joann Rice Environmental Protection Agency Air and Radiation C304-06 Research Triangle Park , NC 27711 Phone: 919 541-3372 FAX: 919 541-1903 E-Mail: Rice.Joann@epamail.epa.gov Agency Contact: Lewis Weinstock Environmental Protection Agency Air and Radiation C304-06 Research Triangle Park , NC 27711 Phone: 919 541-3661 FAX: 919 541-1903 E-Mail: Weinstock.Lewis@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AP92

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Title: Protection of Stratospheric Ozone: The 2011 Critical Use Exemption From the Phaseout of Methyl Bromide Abstract: Methyl bromide was phased out under the Clean Air Act and the Montreal Protocol on Substances that Deplete the Ozone Layer in 2005, except for limited exemptions. This action would authorize uses that will qualify for the 2011 critical use exemption from the phaseout of methyl bromide, and would also authorize the amount of methyl bromide that may be produced, imported, or supplied from inventory for those uses in 2011. Absent this rulemaking, production and import of methyl bromide for critical uses would be zero for 2011. EPA takes this action under the authority of the Clean Air Act to reflect recent consensus Decisions taken by the Parties to the Montreal Protocol at the 21st Meeting of the Parties. This action also invites comment on a possible end date for the critical use exemption program. Since this rulemaking would confer a benefit by exempting the production and use of a phased-out chemical, there is no significant adverse impact on small entities.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 82 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 7671c(d)(6) Legal Deadline:
Action Source Description Date

Other Statutory without this action, new production/import of methyl bromide would not be allowed in 2011. 12/31/2010

Timetable:
Action Date FR Cite
NPRM 12/00/2010
Final Action 05/00/2011

Additional Information: EPA Docket information: EPA-HQ-OAR-2008-0321

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest. RIN Information URL: http://www.epa.gov/ozone/mbr Agency Contact: Jeremy Arling Environmental Protection Agency Air and Radiation 6205J Washington , DC 20460Phone: 202 343-9055 FAX: 202 343-2338 E-Mail: Arling.Jeremy@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AP93

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Title: Revision of New Source Performance Standards for New Residential Wood Heaters Abstract: EPA is revising the New Source Performance Standards (NSPS) for residential wood heaters under the Clean Air Act section 111(b)(1)(B). This action is necessary because it updates the 1988 NSPS to reflect significant advancements in wood heater technologies and design, broaden the range of residential wood heating appliances covered by the regulation, and improve and streamline implementation procedures. This rule is expected to require manufacturers to redesign wood heaters to be cleaner and lower emitting. In general, the design changes will also make the heaters perform better and be more efficient. The revisions are also expected to retain the requirement for manufacturers to contract for testing of model lines by third-party independent laboratories, report the results to EPA, and label the models accordingly. This action does not apply to existing residential woodstoves, pellet stoves and other residential biomass heating units.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: Undetermined CFR Citation: 40 CFR 60 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: CAA sec 111 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 06/00/2011
Final Action 07/00/2012

Additional Information: EPA Docket information: EPA-HQ-OAR-2009-0734

Regulatory Flexibility Analysis Required: Business Government Levels Affected: Federal; Local; State; Tribal Federalism: No Energy Affected: Undetermined Sectors Affected: 333414 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 E-Mail: Wood.Gil@epa.gov Agency Contact: David Cole Environmental Protection Agency Air and Radiation C404-05 Research Triangle Park , NC 27711 Phone: 919 541-5565 FAX: 919 541-0242 E-Mail: Cole.David@epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AP94

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Title: National VOC Emission Standards for Architectural Coatings; Amendments Abstract: This action amends the existing Architectural Coatings Rule at 40 CFR part 59, subpart D to update the categoriesand limits to make them consistent with the Ozone Transport Commission model rule. This action is being done in response to a Clean Air Act Advisory Committee recommendation. This action was originally combined with similar amendments for consumer and commercial products under the "National VOC Emission Standards for Consumer Products; Amendments" (RIN 2060-AI62). However, it has now been determined that the other source categories in 2060-AI62 will be delayed due to the need for further analysis, and EPA has decided to separate out the Architectural Coatings piece as a separate rulemaking.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 59 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 7511b Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 04/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Sectors Affected: 3255 Agency Contact: Robin Dunkins Environmental Protection Agency Air and Radiation E143-03 Research Triangle Park , NC 27711 Phone: 919 541-5335 FAX: 919 541-3470 E-Mail: Dunkins.Robin@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AP96

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Title: Malfunction Amendments to Part 63 Standards Abstract: This action will amend regulations in the General Provisions of regulations promulgated under the Clean Air Act (subpart A of part 63) that provide for or are related to an exemption from the requirement to comply with Clean Air Act section 112 emission standards during startup, shutdown, and malfunction (SSM) events. On December 19, 2008, in Sierra Club v. EPA, the United States Court of Appeals for the District of Columbia Circuit vacated the SSM. These General Provisions are not specific to any source category and apply when incorporated into source category-specific standards. In addition, other subparts with similar provisions will be amended so that applicable standards will no longer have exceptions for sources that report malfunction conditions, to reflect the court vacatur.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: Undetermined CFR Citation: 40 CFR 63 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 7401 et seq Legal Deadline: None

Timetable:
Action Date FR Cite Final Action 00/00/0000
NPRM 12/00/2010

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: Undetermined Agency Contact: Matthew Witosky Environmental Protection Agency Air and Radiation D205-02Research Triangle Park , NC 27711 Phone: 919 541-2865 E-Mail: witosky.matthew@epa.gov Agency Contact: Lisa Conner Environmental Protection Agency Air and Radiation D205-02 Research Triangle Park , NC 27711 Phone: 919 541-5060 FAX: 919 541-5600 E-Mail: conner.lisa@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AP97

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Title: National Emission Standards for Hazardous Air Pollutants for Elemental Phosphorous Production Abstract: Well-established procedures for determining MACT will be followed in this project, and no new or novel issues are being raised by this rulemaking. We are engaged with Agency and other stakeholders, and will continue to develop this MACT standard with their involvement. Elemental Phosphorus Production was not listed as one of the categories on the Source Category list to be regulated under Clean Air Act section 112. However, we have received petitions from States to develop a Maximum Available Control Technology (MACT) standard for this category. We plan to list this source category at proposal. Elemental phosphorous production includes mining, sizing, and calcining phosphate ore, and then blending it with silica and coke before melting in a furnace under reduced conditions. Elemental phosphorous gases are evolved from the furnace and captured, then condensed in a cooling process and transferred into tanks and cylinders under pressure. Slag (waste) is tapped from the bottom of the furnace and discarded. The production processes emit particulate matter (PM); toxic metals including radionuclides, selenium and mercury (Hg); and hydrogen cyanide (HCN). All of the elemental phosphorous in the US is produced at one (Monsanto) plant and about 90% of it is used as a raw material for the production of Roundup(c), a Monsanto product. The remainder is used as a food grade additive and for military purposes. There are no small business issues with this project. The facility presents Environmental Justice concerns. The facility is located within the hunting, fishing, and gathering grounds of three Indian tribes on the Fort Hall Indian Reservation, and shares the watershed and major rivers with the tribes.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 63 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: Clean Air Act sec 112 Legal Deadline: None

Timetable:
Action Date FR Cite Final Action 00/00/0000
NPRM 05/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Susan Fairchild Environmental Protection Agency Air and Radiation D243-02 Research Triangle Park , NC 27711 Phone: 919 541-5167 FAX: 919 541-3207 E-Mail: fairchild.susan@epamail.epa.gov Agency Contact: Steve Fruh Environmental Protection Agency Air and Radiation 1200 Pennsylvania Ave, NW Washington , DC 20460 Phone: 919 541-2837 FAX: 919 541-4991 E-Mail: fruh.steve@epamail.epa.govEnvironmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AQ01

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Title: Revisions to Test Methods and Testing Regulations Abstract: This action will make needed corrections and updates to source testing methods and testing provisions in 40 CFR parts 60, 61, and 63. For example, Method 5, which determines particulate matter from stationary sources is being edited to remove silica gel as the prescribed drying agent. Silica gel has been listed as a potential carcinogen and other agents that are safer and more environmentally friendly are being prescribed. In Method 2, which determines stack gas velocity, a misplaced square root sign in one of the equations is being corrected. This is a periodic action that is done every several years to keep the rules up-to-date and to ensure that compliance testing and monitoring are done correctly.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 51, 60, 61, and 63 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 7401 to 7601 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 12/00/2010

Additional Information: EPA Docket information: EPA-HQ-OAR-2010-0114

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Local; State Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Foston Curtis Environmental Protection Agency Air and Radiation E143-02 Research Triangle Park , NC 27711 Phone: 919 541-1063 FAX: 919 541-0516 E-Mail: Curtis.Foston@epamail.epa.gov Agency Contact: Conniesue Oldham Environmental Protection Agency Air and Radiation E143-02 Research Triangle Park , NC 27711 Phone: 919 541-7774 FAX: 919 541-0516 E-Mail: Oldham.Conniesue@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AQ04

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Title: Determination of Confidential Business Information Collected Under the GHG Mandatory Reporting Program Abstract: On September 22, 2009, the Administrator signed a final rule establishing Greenhouse Gas (GHG) reporting requirements for approximately 10,000 facilities and suppliers in the U.S. Monitoring starts January 1, 2010, and the first reports are due to EPA on March 31, 2011. In anticipation of releasing the data we collect to the public, EPA is launching an effort to proactively determine which data elements we collect are confidential business information, considering the definition of "emissions data" under the Clean Air Act. We will provide the public and reporters an opportunity to comment and then issue our final determination. This process needs to be completed before releasing the data to the public in 2011.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 86, 87, 89, 90, 94, and 98 (To search for a specific CFR, visit the Code of Federal Regulations )Legal Authority: 42 USC 7401 et seq Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 12/00/2010
Final Action 02/00/2011

Additional Information: SAN No. 5242.2; EPA publication information: NPRM - http://edocket.access.gpo.gov/2009/pdf/E9- 5711.pdf; Split from RIN 2060-AO79; EPA Docket information: EPA-HQ-OAR-2008-0508.

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined Small Entities Affected: No Federalism: No Energy Affected: No RIN Information URL: www.epa.gov/climatechange/emissions/ghgrulemaking.html Agency Contact: Carole Cook Environmental Protection Agency Air and Radiation 6207J Washington , DC 20460 Phone: 202 343-9334 E-Mail: Cook.Carole@epamail.epa.gov Agency Contact: Lisa Grogan-McCulloch Environmental Protection Agency Air and Radiation 6207J Washington , DC 20460 Phone: 202 343-9743 E-Mail: Grogan-McCulloch.Lisa@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AQ05

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Title: Revisions to In-Use Testing for Heavy-Duty Diesel Engines and Vehicles; Emissions Measurement and Instrumentation; Not-to-Exceed Emission Standards; and Technical Amendments for Off-Highway Engines Abstract: This Direct Final Rule makes several revisions to EPA’s mobile source emission standards and test procedures. First, due to a delay in developing the final particulate matter (PM) accuracy margin for portable emission measurement systems, we are delaying the first year of the fully enforceable PM in-use testing program for the heavy-duty diesel vehicles from the 2009 calendar year to the 2010 calendar year. During the 2009 calendar year, there will be another year of pilot program testing for that pollutant. Second, we are allowing railroads to install a limited number of remanufactured engines that do not comply with the most recent emission standards. Third, we are clarifying the analytical requirements for in-use PM measurement. Fourth, we are making changes to allow partial flow dilution sampling for transient test cycle PM measurement. Fifth, we are clarifying how to account for emission control system regeneration events when calculating not-to-exceed (NTE) results. Sixth, we are making changes to allow the use of fuel rate information derived from the engine control module (ECM) to determine NTE mass emission rate. Seventh, we are specifying a later notification deadline for small-volume manufacturers of marine SI engines that want to qualify for a two-year delay in the new exhaust emission standards. Eighth, and finally, we are clarifying how our prohibitions apply with respect to handheld small SI engines installed in non-handheld equipment.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: Not Yet Determined Legal Deadline: None

Timetable:
Action Date FR Cite Direct Final Rule 11/08/2010 75 FR 68448
NPRM 11/08/2010 75 FR 68575 NPRM Comment Period End 12/08/2010Additional Information: SAN No. 5407

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Chris Laroo Environmental Protection Agency Air and Radiation NVFEL Ann Arbor , MI 48105 Phone: 734 214-4937 E-Mail: Laroo.Chris@epamail.epa.gov Agency Contact: Rich Wilcox Environmental Protection Agency Air and Radiation NVFEL Ann Arbor , MI 48105 Phone: 734 214-4390 E-Mail: Wilcox.Rich@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AQ07

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Title: RACT Issues for Implementation of the 1997 PM2.5 and Ozone NAAQS Abstract: This action will modify policies related to the state requirements for Reasonably Available Control Measures (RACM) and Reasonably Available Control Technology (RACT) for electric generating units and certain other large emission sources in the rules addressing implementation of the 1997 ozone National Ambient Air Quality Standards (NAAQS) and the 1997 fine particulate matter (PM2.5) NAAQS. This action will revise the policies on how states determine whether RACT requirements can be satisfied by regional emissions trading programs such as the NOx Budget Program and the Clean Air Interstate Rule. This action will also respond to a petition to reconsider how economic feasibility is considered in RACT determinations made under the PM2.5 Implementation Rule.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: Undetermined CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: Not Yet Determined Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 05/00/2011

Additional Information: SAN No. 5411

Regulatory Flexibility Analysis Required: No Government Levels Affected: Undetermined Small Entities Affected: No Federalism: No Energy Affected: No Sectors Affected: 221112 Agency Contact: William L Johnson Environmental Protection Agency Air and Radiation C539-01 Research Triangle Park , NC 27525 Phone: 919 541-5245 FAX: 919 541-0824 E-Mail: johnson.williaml@epamail.epa.gov Agency Contact: Rich Damberg Environmental Protection Agency Air and Radiation C539-01 Research Triangle Park , NC 20460 Phone: 919 541-5592FAX: 919 541-0824 E-Mail: damberg.rich@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AQ10

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Title: Review of New Source Performance Standards for Nitric Acid Plants—Subpart G Abstract: Section 111(b)(1)(B) of the Clean Air act mandates that EPA review and if appropriate revise existing New Source Performance Standards (NSPS) at least every 8 years. This NSPS was initially promulgated in 1971. This NSPS was reviewed in 1979 and 1984. On January 2010, consent decree was entered into US District Court between EPA and several environmental groups.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: Undetermined CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: Not Yet Determined Legal Deadline:
Action Source Description Date

NPRM Judicial 11/12/2010 Other Judicial 11/14/2011

Timetable:
Action Date FR Cite
NPRM 12/00/2010
Final Action 11/00/2011

Additional Information: SAN No. 5416

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: Undetermined Agency Contact: Bill Neuffer Environmental Protection Agency Air and Radiation D243-02 Research Triangle Park , NC 27711 Phone: 919 541-5435 FAX: 919 541-3207 E-Mail: Neuffer.Bill@epamail.epa.gov Agency Contact: Tina Ndoh Environmental Protection Agency Air and Radiation D205-02 Research Triangle Park , NC 27711 Phone: 919 541-2750 FAX: 919 541-5600 E-Mail: Ndoh.Christina@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AQ17

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Title: Regulation to Prevent the Misfueling of Vehicles and Engines With Gasoline Containing Greater Than Ten Volume Percent Ethanol and Modifications to the Reformulated and Conventional Gasoline Programs Abstract: Under the Clean Air Act section 211(c) this rulemaking proposes to control and regulate distribution of fuels and fuel additives that may pose harm to the environment or public health. Vehicles or engines not certified or approved for gasoline containing greater than 10% ethanol ("E10+") may experience increased emissions of criteria pollutants and accelerated deterioration of emission control systems due to higher oxygen content from increased ethanol levels. These emissionincreases will have an adverse effect on air quality and public health. Furthermore, vehicles/engines operating on E10+ may experience operability issues leading to tampering of certified configurations designed to satisfy EPA emissions requirements. This rulemaking proposes to prevent misfueling by prohibiting the use of E10+ in vehicles/engines not approved to use E10+ and by requiring a label on the fuel pump. This rulemaking also proposes to modify the Reformulated Gasoline (“RFG”) program (40 CFR part 80) to update the Complex Model allowing fuel manufacturers to certify batches of gasoline containing up to 15% ethanol (“E15”). These modifications are required for fuel manufacturers to sell E15. This proposed rulemaking is necessary because of the proliferation of "blenderpumps"—pumps that allow consumers to select E10+ blend levels—and the Agency's pending waiver decision under the Clean Air Act section 211(f)(4) which, if granted, would allow for E15 use in some vehicles/engines. Such a waiver and the expansion of blenderpumps create a need for a label to ensure that consumers do not fuel their vehicles or engines with unapproved fuels.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 80 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: CAA 211(c) Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 11/04/2010 75 FR 68044 NPRM Comment Period End 01/03/2011
Final Action 01/00/2011

Additional Information: SAN No. 5438.

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: Undetermined Sectors Affected: 325193 Agency Contact: Barry Garelick Environmental Protection Agency Air and Radiation 6406J Washington , DC 20460 Phone: 202 343-9028 E-Mail: Garelick.Barry@epamail.epa.gov Agency Contact: Robert Anderson Environmental Protection Agency Air and Radiation 6405J Washington , DC 20460 Phone: 202 343-9718 E-Mail: Anderson.Robert@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AQ28

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Title: New Source Performance Standards (NSPS) Review for Petroleum Refineries (Subpart J)—Response to Reconsideration—Other Issues Abstract: On June 24, 2008, EPA promulgated amendments to the Standards of Performance for Petroleum Refineries and new standards for process units constructed, reconstructed, or modified after May 14, 2007. EPA received three petitions for reconsideration of the final rule. On September 26, 2008, EPA granted reconsideration and issued a stay for the issues raised in the petitions regarding process heaters and flares. EPA also proposed various technical corrections in that action that were raised in the petitions for reconsideration. At that time, EPA also agreed to reconsider other issues in future notices. Under this action, EPA will address the other issues raised by Petitioners.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: Undetermined Unfunded Mandates: No CFR Citation: 40 CFR 60 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 7411Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 11/00/2011
Final Action 10/00/2012

Additional Information: Split from RIN 2060-AN72; EPA Docket information: EPA-HQ-OAR-2007-0011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Sectors Affected: 32411 Agency Contact: Brenda Shine Environmental Protection Agency Air and Radiation C439-04 Research Triangle Park , NC 27711 Phone: 919 541-3608 FAX: 919 685-3219 E-Mail: shine.brenda@epa.gov Agency Contact: Ken Hustvedt Environmental Protection Agency Air and Radiation E143-01 Research Triangle Park , NC 27711 Phone: 919 541-5395 FAX: 919 685-3200 E-Mail: hustvedt.ken@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AQ29

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Title: Stationary Combustion Turbine NSPS Amendments to Address UARG Reconsideration Petition Abstract: EPA is proposing to amend specific provisions in the NSPS for stationary combustion turbines to resolve issues and questions raised by the utility air regulatory group (UARG) on the original final rulemaking published on July 6, 2006 (71 FR 38482), and to address other technical and editorial issues that have been identified since promulgation. The primary issues raised in the petition include the NOx standard and the monitoring and reporting requirements for owners/operators that elect to install NOx CEMS. This proposed rule would also amend the location and wording of existing paragraphs to clarify the requirements of the NSPS. It would also exempt owners/operators of stationary combustion turbines that meet the applicability criteria of and that are complying with the SO2 standard in either subparts J or Ja (standards of performance for petroleum refineries) or only burn fuels containing inherently low amounts of sulfur from complying with the otherwise applicable SO2 limit in subpart KKKK. In addition, we are requesting comment on how to address combustion turbine engines that are overhauled or refurbished off site in such a manner that neither the owner, operator, or manufacturer can identify which components havebeen replaced and, therefore, cannot conduct the otherwise required reconstruction analysis. Also, in recognition that the ultralow sulfur diesel requirements include Hawaii, the Commonwealth of Puerto Rico, and the Virgin Islands we are intending and requesting comment on requiring owner/operators of turbines in these locations to meet the same sulfur requirements as owner/operators of turbines located in State territories. Finally, we are proposing to require electronic reporting of performance tests.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 60 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: CAA 111 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 12/00/2010Additional Information: Split from RIN 2060-AO23; EPA Docket information: EPA-HQ-OAR-2004-0490

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Local; State; Tribal Small Entities Affected: No Federalism: No Energy Affected: No Sectors Affected: 211111; 2211; 211112; 48621; 221 Agency Contact: Christian Fellner Environmental Protection Agency Air and Radiation 1200 Pennsylvania Ave Washington , DC 20460 Phone: 919 541-4003 FAX: 919 541-5450 E-Mail: fellner.christian@epamail.epa.gov Agency Contact: Melanie King Environmental Protection Agency Air and Radiation D243-01 Research Triangle Park , NC 27711 Phone: 919 541-2469 E-Mail: king.melanie@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AQ37

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Title: New Source Performance Standards for Electric Utility and Industrial-Commercial-Institutional Steam Generating Units Abstract: This action will amend the NOx, SO2, and PM standards in the utility NSPS and assure proper monitoring. Conforming amendments to the industrial boiler NSPS will also be proposed to assure consistent monitoring for the various boiler rules. In addition the action will make multiple corrections to the boiler NSPS. It will also respond to the Utility Air Regulatory Group's (UARG) request for reconsideration of the January 2009 final amendments to the boiler NSPS. Issues specific to UARG's request include: 1) appropriate monitoring provisions for owners/operators of affected facilities subject to an opacity standard, but exempt from the requirement to install a continuous opacity monitoring system, and 2) the relevance of an opacity standard for owners/operators of affected facilities using a continuous emissions monitoring system.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: Undetermined CFR Citation: 40 CFR 60 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: CAA 111 Legal Deadline:
Action Source Description Date

NPRM Judicial Consent decree - included with SAN 5349 - Utility MACT consent decree 03/16/2011

Other Judicial Consent decree - included with SAN 5349 - Utility MACT consent decree 11/16/2011

Timetable:
Action Date FR Cite
NPRM 03/00/2011
Final Action 11/00/2011

Additional Information: EPA Docket information: Not yet determined

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Small Entities Affected: No Federalism: Undetermined Energy Affected: Undetermined Sectors Affected: 221112 Agency Contact: Christian Fellner Environmental Protection Agency Air and Radiation1200 Pennsylvania Ave Washington , DC 20460 Phone: 919 541-4003 FAX: 919 541-5450 E-Mail: fellner.christian@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AQ38

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Title: Revision to Definition of Volatile Organic Compounds—Exclusion of trans 1,3,3,3-tetrafluoropropene and 2,3,3,3- tertrafluoropropene Abstract: This action proposes to add trans 1,3,3,3-tetrafluoropropene and 2,3,3,3-tertrafluoropropene to the list of negligibly reactive compounds in the definition of volatile organic compounds. Data indicate that the photochemical reactivity of these compounds is low enough that they can be regarded as negligibly reactive in ozone formation and will not contribute to violations of the ozone national ambient air quality standard. The compound 2,3,3,3-tertrafluoropropene has been identified as a possible substitute for a high global warming compound which is currently used in automobile air conditioners.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: Section 302(s) of the CAA Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 04/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; State Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: William L Johnson Environmental Protection Agency Air and Radiation C539-01 Research Triangle Park , NC 27525 Phone: 919 541-5245 FAX: 919 541-0824 E-Mail: johnson.williaml@epamail.epa.gov Agency Contact: Geoffrey Wilcox Environmental Protection Agency Air and Radiation 1200 Pennsylvania Ave, NW Research Triangle Park , NC 27711 Phone: 202 564-5601 E-Mail: wilcox.geoffrey@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AQ39

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Title: Protection of Stratospheric Ozone: Extension of Global Laboratory and Analytical Use Exemption for Essential Class I Ozone Depleting Substances Abstract: This rule would extend the global laboratory and analytical use exemption for the production and import of Class I ozone depleting substances through December 31, 2014. This exemption currently expires December 31, 2011. This action is consistent with recent actions by the Parties to the Montreal Protocol.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: NoCFR Citation: 40 CFR 82 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: CAA sec 604; 42 USC 7414, 7601, 7671 to 7671q Legal Deadline:
Action Source Description Date

Other Statutory Date when current exemption expires 12/31/2011

Timetable:
Action Date FR Cite
NPRM 01/00/2011
Final Action 08/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal Small Entities Affected: No Federalism: No Energy Affected: No International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest. RIN Information URL: http://www.epa.gov/ozone/title6/exemptions/laboratory.html Agency Contact: Mollie Lemon Environmental Protection Agency Air and Radiation 6205J Washington , DC 20460 Phone: 202 343-9859 E-Mail: lemon.mollie@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AQ41

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Title: NESHAP Risk and Technology Review for Pulp and Paper Industry and Chemical Recovery Combustion Sources, and NSPS Review for Kraft Pulp Mills Abstract: The 2004 National Academy of Sciences' (NAS) report recommended that EPA begin conducting integrated assessments that consider multiple pollutants (criteria and hazardous air pollutants, and other chemicals that may be of concern) and multiple effects (health, ecosystem, visibility) to set standards and develop planning and control strategies. In response to this recommendation, EPA’s Office of Air Quality Planning and Standards (OAQPS) intends to conduct an integrated review and assessment that addresses regulatory obligations under both the National Emission Standards for Hazardous Air Pollutants and the New Source Performance Standards programs (NSPS). Section 112(f)(2) of the Clean Air Act (CAA) directs EPA to conduct risk assessments on each source category subject to maximum achievable control technology (MACT) standards, and to determine if additional standards are needed to reduce residual risks, to be completed 8 years after promulgation. Section 112(d)(6) of the CAA requires EPA to review and revise the MACT standards as necessary, taking into account developments in practices, processes and control technologies, to be done at least every 8 years. The NESHAP for Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite, and Stand-Alone Semichemical Pulp Mills (subpart MM) was promulgated in 2001 and has not been reviewed. Similarly, the NESHAP for the Pulp and Paper Industry (subpart S) was promulgated in 1998 and also has not been reviewed. Section 111(b)(1)(B) of the CAA mandates that EPA review and, if appropriate, revise existing New Source Performance Standards (NSPS) at least every 8 years. The Kraft Pulp Mill NSPS was promulgated in 1978 and is in need of review. This NSPS component of this action will include reviewing existing emission limits for particulate matter, total reduced sulfur, and opacity and evaluating the appropriateness of developing emission limits for other pollutants such as sulfur oxides, nitrogen oxide, and carbon dioxide.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: Undetermined CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: Not Yet Determined Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 06/00/2011
Final Action 12/00/2011Regulatory Flexibility Analysis Required: No Government Levels Affected: Local; State; Tribal Small Entities Affected: No Federalism: No Energy Affected: Undetermined Agency Contact: Bill Schrock Environmental Protection Agency Air and Radiation E143-03 Research Triangle Park , NC 27711 Phone: 919 541-5032 FAX: 919 541-3470 E-Mail: schrock.bill@epa.gov Agency Contact: Robin Dunkins Environmental Protection Agency Air and Radiation 1200 Pennsylvania Ave, NW Washington , DC 20460 Phone: 919 541-5335 E-Mail: dunkins.robin@epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AQ42

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Title: Risk and Technology Review NESHAP for Shipbuilding and Ship Repair (Surface Coating) and Wood Furniture Manufacturing Abstract: This action would conduct residual risk and technology reviews for two industrial source categories regulated by two National Emission Standards for Hazardous Air Pollutants (NESHAP): Shipbuilding and Ship Repair (Surface Coating), and Wood Furniture Manufacturing. The underlying national emission standards that are under review in this action limit and control hazardous air pollutants. Section 112(f)(2) of the Clean Air Act (CAA) directs EPA to assess the risk remaining (residual risk) after the application of the NESHAP and promulgate additional standards if warranted to provide an ample margin of safety to protect public health or prevent an adverse environmental effect. Also, section 112(d)(6) of the CAA requires EPA to review and revise the NESHAP as necessary at least every 8 years, taking into account developments in practices, processes, and control technologies. This action would conduct those reviews for the two source categories cited above.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: Not Yet Determined Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 12/00/2010
Final Action 11/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: Undetermined Agency Contact: Kaye Whitfield Environmental Protection Agency Air and Radiation 1200 Pennsylvania Ave Washington , DC 20460 Phone: 919 541-2509 FAX: 919 541-1039 E-Mail: whitfield.kaye@epamail.epa.gov Agency Contact: Robin Dunkins Environmental Protection Agency Air and Radiation 1200 Pennsylvania Ave, NW Washington , DC 20460 Phone: 919 541-5335 E-Mail: dunkins.robin@epa.govEnvironmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AQ43

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Title: Residual Risk and Technology Review: Primary Lead Smelting Abstract: This action is the Risk and Technology Review (RTR) for Primary Lead Smelters. It will address both EPA's obligation under Clean Air Act (CAA) section 112(f)(2) and 112(d)(6) to conduct a residual risk review and to conduct a technology review. Under the "technology review" provision of CAA section 112, EPA is required to review maximum achievable control technology (MACT) standards and to revise them “as necessary (taking into account developments in practices, processes and control technologies)” no less frequently than every 8 years. Under the "residual risk" provision of CAA section 112, EPA must evaluate the MACT standards within 8 years after promulgation and promulgate standards if required to provide an ample margin of safety to protect public health or prevent an adverse environmental effect.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: Undetermined CFR Citation: 40 CFR 63 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: Not Yet Determined Legal Deadline:
Action Source Description Date

NPRM Statutory 07/27/2010
NPRM Judicial 01/31/2011 Other Judicial 10/31/2011

Timetable:
Action Date FR Cite
NPRM 02/00/2011
Final Action 11/00/2011

Additional Information: EPA Docket information: EPA-HQ-OAR-2004-030

Regulatory Flexibility Analysis Required: No Government Levels Affected: Undetermined Small Entities Affected: No Federalism: No Energy Affected: Undetermined Agency Contact: Sharon Nizich Environmental Protection Agency Air and Radiation 1200 Pennsylvania Ave Washington , DC 20460 Phone: 919 541-2825 FAX: 919 541-5450 E-Mail: nizich.sharon@epamail.epa.gov Agency Contact: Steve Fruh Environmental Protection Agency Air and Radiation 1200 Pennsylvania Ave, NW Washington , DC 20460 Phone: 919 541-2837 FAX: 919 541-4991 E-Mail: fruh.steve@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AQ44

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Title: Review of the National Ambient Air Quality Standards for Lead Abstract: Under the Clean Air Act Amendments of 1977, EPA is required to review and if appropriate revise the air quality criteria for the primary (health-based) and secondary (welfare-based) national ambient air quality standards (NAAQS) every 5 years. On November 12, 2008, EPA published a final rule to revise the primary and secondary NAAQS for lead to provideincreased protection for public health and welfare. With regard to the primary standard, EPA revised the level to 0.15 micrograms per cubic meter (ug/m3) of lead in total suspended particles and the averaging time to a rolling 3-month period with a maximum (not-to-be-exceeded) form, evaluated over a 3-year period. EPA revised the secondary standard to be identical in all respects to the revised primary standard. EPA has now initiated the next review. The review began in May 2010 with a workshop to discuss key policy-relevant issues around which EPA would structure the review. This review includes the preparation of an Integrated Science Assessment, and if warranted, a Risk/Exposure Assessment and also a Policy Assessment Document by EPA, with opportunities for review by EPA's Clean Air Scientific Advisory Committee and the public. These documents inform the Administrator's proposed decision as to whether to retain or revise the standards.

Priority: Economically Significant Agenda Stage of Rulemaking: Proposed Rule Major: Yes Unfunded Mandates: No CFR Citation: 40 CFR 50 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 7408; 42 USC 7409 Legal Deadline: None

Regulatory Plan: Statement of Need: As established in the Clean Air Act, the national ambient air quality standards for lead are to be reviewed every 5 years.

Legal Basis: Section 109 of the Clean Air Act (42 U.S.C. 7409) directs the Administrator to propose and promulgate "primary" and "secondary" national ambient air quality standards for pollutants identified under section 108 (the "criteria" pollutants). The "primary" standards are established for the protection of public health, while "secondary" standards are to protect against public welfare.

Alternatives: The main alternatives for the Administrator's decision on the review of the national ambient air quality standards for lead are whether to retain or revise the existing standards.

Costs and Benefits: The Clean Air Act makes clear that the economic and technical feasibility of attaining standards are not to be considered in setting or revising the NAAQS, although such factors may be considered in the development of State plans to implement the standards. Accordingly, the Agency prepares cost and benefit information in order to provide States information that may be useful in considering different implementation strategies for meeting proposed or final standards. Cost and benefit information is not developed to support a NAAQS rulemaking until sufficient policy and scientific information is available to narrow potential options for the form and level associated with any potential revisions to the standard. Therefore, work on developing the plan for conducting the cost and benefit analysis will generally start 1 1/2 to 2 years following the start of a NAAQS review.

Risks: During the course of this review, risk assessments may, as warranted, be conducted to evaluate health and/or environmental risks associated with retention or revision of the lead standards. Timetable:
Action Date FR Cite
NPRM 12/00/2013
Final Action 10/00/2014

Additional Information: EPA Docket information: EPA-HQ-OAR-2010-0108

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Local; State; Tribal Small Entities Affected: No Federalism: No Energy Affected: No RIN Information URL: http://www.epa.gov/ttn/naaqs/standards/pb/s_pb_index.html Agency Contact: Deirdre Murphy Environmental Protection Agency Air and Radiation C504-06 Research Triangle Park , NC 27711 Phone: 919 541-0729 E-Mail: murphy.deirdre@epa.gov Agency Contact: Karen Martin Environmental Protection Agency Air and Radiation C504-06 Research Triangle Park , NC 27711 Phone: 919 541-5274FAX: 919 541-0237 E-Mail: Martin.Karen@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AQ46

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Title: Direct Final Amending Monitoring Requirements of the New Source Performance Standards (NSPS) for Steam Generating Units Abstract: EPA is issuing direct final amendments (and the corresponding parallel proposal) of the monitoring requirements in the electric utility and boiler New Source Performance Standards (NSPS). Since promulgation of the 2009 final amendments, EPA has issued an information collection request (ICR) to the electric utility sector that requires condensable particulate matter (PM) testing from a substantial number of units. We have determined that this ICR will provide sufficient data to determine both if a standard is appropriate, and, in the event a standard is appropriate, the level of the standard. Therefore, the testing requirement in the NSPS is no longer necessary and represents an unnecessary burden to the regulated community. Consequently, the direct final would eliminate the testing requirement. In addition, questions about the intent of the 2009 amendments to the opacity monitoring requirements and been raised, and the direct final amendments will delay the amended opacity monitoring requirements until January 1, 2012. We intend to complete the remand to the boiler NSPS prior to January 1, 2012 and will be able to take comment on and address the opacity monitoring in the remand. Finally, the direct final amendments will correct three recently identified errors in the regulatory text.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 60 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: CAA 111 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 12/00/2010
Direct Final Action 12/00/2010

Additional Information: Split from RIN 2060-AO61; EPA Docket information: EPA–HQ-OAR–2005–0031

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Sectors Affected: 221112 Agency Contact: Christian Fellner Environmental Protection Agency Air and Radiation 1200 Pennsylvania Ave Washington , DC 20460 Phone: 919 541-4003 FAX: 919 541-5450 E-Mail: fellner.christian@epamail.epa.gov Agency Contact: Bill Maxwell Environmental Protection Agency Air and Radiation D243-01 Research Triangle Park , NC 27711 Phone: 919 541-5430 FAX: 919 541-5450 E-Mail: maxwell.bill@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AQ47

View Related DocumentsTitle: Reconsideration of the Inclusion of Fugitive Emissions in the Prevention of Significant Deterioration and Nonattainment New Source Review Abstract: EPA is proposing to reconsider the final rule titled, “Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Reconsideration of Inclusion of Fugitive Emissions,” published on December 19, 2008 (73 FR 77881). Through a letter signed on April 24, 2009, EPA granted reconsideration on a petition submitted by National Resources Defense Council (NRDC), as well as an administrative stay. In addition to the three-month administrative stay, EPA proposed and finalized an additional 18 month stay to allow enough time to propose, take public comment on, and issue a final action concerning the inclusion of fugitive emissions in the federal PSD program. The additional 18 month stay became effective on March 31, 2010 (75 FR 16102). EPA will consider the petition for reconsideration, public comments, and information contained in the rulemaking docket to reach a decision on the reconsideration and finalize the rule.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 51; 40 CFR 52 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: Not Yet Determined Legal Deadline:
Action Source Description Date

Other Judicial The additional 18 month stay ends Oct. 2011. 10/31/2011

Timetable:
Action Date FR Cite
NPRM 07/00/2011
Final Action 08/00/2012

Additional Information: Split from RIN 2060-AM91.

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Local; State; Tribal Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Peter Keller Environmental Protection Agency Air and Radiation C504-03 Research Triangle Park , NC 27711 Phone: 919 541-5339 FAX: 919 541-4028 E-Mail: keller.peter@epamail.epa.gov Agency Contact: Raj Rao Environmental Protection Agency Air and Radiation C504-03 Research Triangle Park , NC 27711 Phone: 919 541-5344 FAX: 919 541-5509 E-Mail: rao.raj@epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AQ48

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Title: Revision to the Clean Air Fine Particle Implementation Rule Abstract: This action will update the 2007 implementation rule for the PM2.5 national ambient air quality standards (PM2.5 NAAQS). The 2007 rule provided a basic regulatory framework for state plans to attain the 1997 PM2.5 NAAQS, and this basic guidance framework remains in place for state implementation plans due in 2012 to attain the 2006 PM2.5 NAAQS. This new rulemaking provides clarifications and revisions only for certain sections of the 2007 rule. The revised rule plus the original 2007 rule will provide comprehensive guidance for implementing the 2006 PM2.5 NAAQS and any future revisions to the PM2.5 NAAQS

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: UndeterminedCFR Citation: 40 CFR 57.100 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 7401 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 09/00/2011

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: State

Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Rich Damberg Environmental Protection Agency Air and Radiation C539-01 Research Triangle Park , NC 20460 Phone: 919 541-5592 FAX: 919 541-0824 E-Mail: damberg.rich@epamail.epa.gov Agency Contact: Kimber Scavo Environmental Protection Agency Air and Radiation C539-01 Research Triangle Park , NC 27711 Phone: 919 541-3354 FAX: 919 541-4028 E-Mail: scavo.kimber@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AH23

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Title: Quality Assurance Requirements for Continuous Opacity Monitoring Systems Abstract: This rulemaking adds a procedure 3 to appendix F of 40 CFR part 60. This action provides quality assurance specifications for continuous opacity monitor system (COMS) installed for compliance. States may also cite this procedure for sources with installed COMS subject to compliance limitations. Minimum quality control (QC) and quality assurance (QA) requirements are specified to assess the quality of COMS performance. Daily zero and span checks, quarterly performance audits, and annual zero alignment checks are required in order to assure the proper functioning of the COMS and the accuracy of the COMS data.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 60 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 7411 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 02/28/2001 66 FR 12780 NPRM Comment Period End 03/28/2001
Final Action 04/00/2011

Additional Information: SAN No. 3958; EPA Docket information: EPA-HQ-OAR-2003-0115.

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; State Small Entities Affected: No Federalism: No Energy Affected: No RIN Information URL: www.epa.gov/ttn/emc/proposed/m203.pdf Agency Contact: Jason Dewees Environmental Protection AgencyAir and Radiation E143-02 Research Triangle Park , NC 27711 Phone: 919 541-9724 FAX: 919 541-0516 E-Mail: Dewees.Jason@epamail.epa.gov Agency Contact: Conniesue Oldham Environmental Protection Agency Air and Radiation E143-02 Research Triangle Park , NC 27711 Phone: 919 541-7774 FAX: 919 541-0516 E-Mail: Oldham.Conniesue@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AH37

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Title: Review of New Sources and Modifications in Indian Country Abstract: EPA is developing federal regulations governing preconstruction permitting of minor stationary sources throughout Indian country and major stationary sources of air pollution in nonattainment areas in Indian country. Pursuant to the Tribal Air Rule, eligible Indian tribes may receive EPA authorization to develop and implement such programs, but these permitting programs would be implemented by EPA if eligible Indian tribes do not elect, or do not receive authorization, to manage such programs.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 49 CFR 49.51 to 49.161; 49 CFR 49.166 to 49.173 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 7401 et seq Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 08/21/2006 71 FR 48696 NPRM Comment Period End 03/20/2007
Final Action 02/00/2011

Additional Information: SAN No. 3975; EPA publication information: NPRM -http://www.regulations.gov/search/Regs/home.html#documentDetail?R=090000648024964a; EPA Docket information: EPA-HQOAR-2003-0076.

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Tribal Small Entities Affected: No Federalism: No Energy Affected: No RIN Information URL: http://www.epa.gov/nsr/ Agency Contact: Jessica Montanez Environmental Protection Agency Air and Radiation C504-03 Research Triangle Park , NC 27711 Phone: 919 541-3407 FAX: 919 541-5509 E-Mail: Montanez.Jessica@epamail.epa.gov Agency Contact: Raj Rao Environmental Protection Agency Air and Radiation C504-03 Research Triangle Park , NC 27711 Phone: 919 541-5344 FAX: 919 541-5509 E-Mail: Rao.Raj@epamail.epa.govEnvironmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AI97

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Title: Inspection/Maintenance Program Requirements for Federal Facilities; Amendment to the Final Rule Abstract: EPA has had an oversight and policy development authority for Inspection and Maintenance (I/M) programs sincethe passage of the Clean Air Act (CAA) in 1970. The 1977 amendments to the CAA mandated I/M for certain areas with longterm air quality problems and the 1990 amendments set for standards for the implementation of I/M programs. EPA used the statutory requirements of the Act, including I/M requirements for Federal facilities to promulgate regulations with States would use in the development of their IM State Implementation Plans (SIPs). The Department of Justice ruled that Federal sovereign immunity was not fully waived under the CAA for those requirements and recommended that EPA either issue guidance or amend its rule to address I/M requirements for Federal Facilities. Originally, EPA intended to: (1) Amend the Federal facilities I/M requirements by removing that section; (2) correct existing I/M SIP approval actions with included 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 it's I/M regulations. These changes were predicted to have minimal to no impact on the States, as no new requirements were being created. The States would have been under no obligation, legal or otherwise, to modify existing SIPs meeting the previously applicable requirement as a result of the EPA's intended action, and emissions reduction credits would not have been affected. The intention of the originally planned rule change was to clarify for affected Federal facilities what they must do to meet the CAA requirements. Subsequent to placing this intended action on EPA's regulatory agenda, the decision was made to issue guidance to the facilities instead, clarifying the CAA's requirements with regard to Federal facilities. Guidance was deemed the more timely way of getting this information to the entities in question. This guidance, which was issued in December 1999, has proven sufficient.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 51 (Revision); 40 CFR 93 (New) (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 23 USC 101; 42 USC 7401 et seq Legal Deadline: None

Timetable:
Action Date FR Cite Direct Final Action 11/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Sectors Affected: 92 Agency Contact: Kathryn Sargeant Environmental Protection Agency Air and Radiation 6406 Ann Arbor , MI 48105 Phone: 734 214-4441 FAX: 734 214-4052 E-Mail: Sargeant.Kathryn@epamail.epa.gov Agency Contact: Sara Schneeberg Environmental Protection Agency Air and Radiation 2344A Washington , DC 20460 Phone: 202 564-5592 E-Mail: schneeberg.sara@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AJ82

View Related DocumentsTitle: Modification of the Anti-Dumping Baseline Date Cut-Off Limit for Data Used in Development of an Individual Baseline 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.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 80.91(b)(1)(i); 40 CFR 80.93(a) (To search for a specific CFR, visit the Code of Federal Regulations )

Legal Authority: 42 USC 7414; 42 USC 7521(1); 42 USC 7545; 42 USC 7601(a) Legal Deadline: None

Timetable:
Action Date FR Cite Direct Final Action 08/00/2011

Additional Information: SAN No. 4604

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Christine Brunner Environmental Protection Agency Air and Radiation AAHEBTC Ann Arbor , MI 48105 Phone: 734 214-4287 E-Mail: Brunner.Christine@epamail.epa.gov Agency Contact: Patrice Simms Environmental Protection Agency Air and Radiation 1200 Pennsylvania Ave, NW Washington , DC 20460 Phone: 202 564-5593 E-Mail: Simms.Patrice@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AK26

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Title: Protection of Stratospheric Ozone: Listing of Substitutes for Ozone-Depleting Substances: N-Propyl Bromide Abstract: This rule would make a determination as to whether n-propylbromide (nPB) is an acceptable substitute for Class I and Class II ozone-depleting substances used in aerosol solvent and adhesives end uses. If found acceptable, this would provide industry with another alternative to solvents with higher ozone depletion potential. An acceptability determination could include specific conditions on the use of nPB as a solvent, such as limiting the specific applications in which it may be used to those with low emissions and requiring exposure limits that would be sufficient to mitigate risk and that are consistent with industry practices. Any conditions would be for the purpose of ensuring that nPB is used in a manner that is as safe and environmentally protective as other available substitutes. OSHA does not currently regulate nPB. If we determine that nPB cannot be used safely in a specific end use, as compared with other substitutes available for that end use, we would find it unaccceptable.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 82 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 7414; 42 USC 7601; 42 USC 7671 to 7671q Legal Deadline: None

Timetable:Action Date FR Cite
NPRM 1 06/03/2003 68 FR 33283 NPRM 1 Comment Period End 08/04/2003 NPRM Correction 10/02/2003 68 FR 56809 NPRM 2–Adhesives 05/30/2007 72 FR 30168 NPRM 2–Adhesives Comment Period End 07/30/2007
Final Action 02/00/2011

Additional Information: SAN No. 4599; EPA publication information: NPRM1 - http://www.epa.gov/fedrgstr/EPAAIR/2003/June/Day-03/a13254.htm; Split from RIN 2060-AJ58. The previous ANPRM was under SAN No. 3525; EPA Docket information: EPA-HQ-OAR-2002-0064.

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: Business Federalism: No Energy Affected: No RIN Information URL: www.epa.gov/ozone/snap/index.html Sectors Affected: 334; 332; 337; 333; 331; 336; 32615 Agency Contact: Margaret Sheppard Environmental Protection Agency Air and Radiation 6205J Washington , DC 20460 Phone: 202 343-9163 FAX: 202 343-2338 E-Mail: Sheppard.Margaret@epamail.epa.gov Agency Contact: Melissa Fiffer Environmental Protection Agency Air and Radiation 6205J Washington , DC 20460 Phone: 202 343-9464 FAX: 202 343-2342 E-Mail: fiffer.melissa@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AK54

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Title: NESHAP: General Provisions; Amendments for Pollution Prevention Alternative Compliance Requirements Abstract: These amendments to the part 63 General Provisions would allow facilities that are subject to maximum achievable control technology (MACT) to discontinue those 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. The amendments would also allow a source to avoid MACT by completely eliminating HAP emissions.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 63.2; 40 CFR 63.17; 40 CFR 63.18 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 7412 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 05/15/2003 68 FR 26249 NPRM Comment Period End 07/14/2003
Final Action 11/00/2011

Additional Information: SAN No. 4719; EPA publication information: NPRM - http://www.epa.gov/fedrgstr/EPAAIR/2003/May/Day-15/a12180.htm; EPA Docket information: EPA-HQ-OAR-2002-0044.

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Local; State;Tribal Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Rick Colyer Environmental Protection Agency Air and Radiation D205-02 Research Triangle Park , NC 27711 Phone: 919 541-5262 E-Mail: colyer.rick@epa.gov Agency Contact: Lisa Conner Environmental Protection Agency Air and Radiation D205-02 Research Triangle Park , NC 27711 Phone: 919 541-5060 FAX: 919 541-5600 E-Mail: conner.lisa@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AK69

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Title: Anti-Dumping Baseline Recalculation for Downstream Oxygenate Addition 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.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 80.91 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 7414; 42 USC 7545; 42 USC 7601(a) Legal Deadline: None

Timetable:
Action Date FR Cite Direct Final Action 09/00/2011

Additional Information: SAN No. 4706

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Christine Brunner Environmental Protection Agency Air and Radiation AAHEBTC Ann Arbor , MI 48105 Phone: 734 214-4287 E-Mail: Brunner.Christine@epamail.epa.gov Agency Contact: Patrice Simms Environmental Protection Agency Air and Radiation 1200 Pennsylvania Ave, NW Washington , DC 20460 Phone: 202 564-5593 E-Mail: Simms.Patrice@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AM44View Related Documents

Title: National Emission Standards for Hazardous Air Pollutants for Area Sources: Industrial, Commercial, and Institutional Boilers Abstract: The Clean Air Act (CAA) requires that EPA develop standards for toxic air pollutants, also known as hazardous air pollutants or air toxics for certain categories of sources. These pollutants are known or suspected to cause cancer and other serious health and environmental effects. This regulatory action will develop emission standards for boilers located at area sources. An area source facility emits or has the potential to emit less than 10 tons per year (tpy) of any single air toxic or less than 25 tpy of any combination of air toxics. Boilers burn coal and other substances such as oil or biomass (e.g., wood) to produce steam or hot water, which is then used for energy or heat. Industrial boilers are used in manufacturing, processing, mining, refining, or any other industry. Commercial and institutional boilers are used in commercial establishments, medical centers, educational facilities and municipal buildings. The majority of area source boilers covered by this proposed rule are located at commercial and institutional facilities and are generally owned or operated by small entities. EPA estimates that there are approximately 183,000 existing area source boilers at 91,000 facilities in the United States and that approximately 6,800 new area source boilers will be installed over the next 3 years. The rule will cover boilers located at area source facilities that burn coal, oil, biomass, or secondary "non-waste" materials. Natural gas-fired area source boilers are not part of the categories to be regulated. The rule will reduce emissions of a number of toxic air pollutants including mercury, metals, and organic air toxics. The standards for area sources must be technology-based. Standards for area sources can be based on either generally available control technology (GACT), or maximum achievable control technology (MACT). To determine GACT, we look at methods, practices and techniques that are commercially available and appropriate for use by the sources in the category. We consider the economic impacts on sources in the category and the technical capabilities of the firms to operate and maintain the emissions control systems. MACT can be based on the emissions reductions achievable through application of measures, processes, methods, systems, or techniques, but must at least meet minimum control levels as defined in the Clean Air Act. Economic impacts cannot be considered when determining those minimum control levels.

Priority: Economically Significant Agenda Stage of Rulemaking: Final Rule
Major: Yes Unfunded Mandates: State, Local, Or Tribal Governments; Private Sector CFR Citation: 40 CFR 63 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: Clean Air Act sec 112 Legal Deadline:
Action Source Description Date

NPRM Judicial 60-day extension granted on July 30, 2009. Additional 2-week extension was subsequently granted, and the signature date was April 29, 2010. 05/07/2010

Other Judicial 30-day extension granted from December 16, 2010. 01/16/2011

Regulatory Plan: Statement of Need: Section 112(c)(3) of the CAA requires EPA to develop rules to reduce specific air toxics emissions (30 urban toxic pollutants) that have been identified as posing the greatest threat to public health in the largest number of urban areas as a result of emissions from certain categories of area sources. Industrial boilers and institutional/commercial boilers are listed as two of the area source categories for regulation. In addition, both industrial boilers and commercial/institutional boilers are on the list of CAA 112(c)(6) source categories which requires that those categories be subject to MACT regulation for specific air toxics. These two categories were included on the list because of emissions of mercury and polycyclic organic matter (POM).

Legal Basis: Clean Air Act, section 112.

Alternatives: Not yet determined.

Costs and Benefits: EPA estimates the total nationwide capital cost for the rulemaking for existing and new boilers, as proposed, to be approximately $2.5 billion, with an annualized cost of 1 billion. The annual cost includes control device operation and maintenance and annual boiler tuneups, as well as monitoring, recordkeeping, reporting, and performance testing. EPA estimates that the proposal would reduce nationwide emissions from existing and new area source boilers by approximately 1,500 tons per year (tpy) of total air toxics, 1,500 pounds per year of mercury, 250 tpy of non-mercury metals, 9 tpy of POM, and 7,600 tpy of PM. These emissions reductions will lead to significant annual health benefits. In 2013, this rule will protect public health by avoiding: 110 to 300 premature deaths, 81 cases of chronic bronchitis, 190 nonfatal heart attacks, 169 hospital and emergency room visits, 190 cases of acute bronchitis, 16,000 days when people miss work, 2,100 cases of aggravated asthma, and 95,000 acute respiratory symptoms. The monetized benefits of this proposed regulatory action are estimated to range from $1 billion to $2.4 billion and $900 million to $2.2 billion, at 3 percent and 7 percent discount rates, respectively.

Risks: Not yet determined. Timetable:Action Date FR Cite NPRM Extension of Comment Period 06/09/2010 75 FR 32682
NPRM 06/04/2010 75 FR 31895 NPRM Comment Period End 07/19/2010 NPRM Comment Period Extended To 08/03/2010
Final Action 01/00/2011

Additional Information: EPA publication information: NPRM - http://www.regulations.gov/search/Regs/home.html#documentDetail?R=0900006480afbb98; Related to RIN 2060-AQ25.; EPA Docket information: EPA-HQ-OAR-2006-0790

Regulatory Flexibility Analysis Required: Business; Governmental Jurisdictions; Organizations Government Levels Affected: Federal; Local; State; Tribal Federalism: Yes Energy Affected: No Sectors Affected: 611; 62; 44-45; 321 Related RINs: Related to 2060-AQ25 Agency Contact: Mary Johnson Environmental Protection Agency Air and Radiation D243-01 Research Triangle Park , NC 27711 Phone: 919 541-5025 E-Mail: johnson.mary@epa.gov Agency Contact: Robert J Wayland Environmental Protection Agency Air and Radiation C439-01 Research Triangle Park , NC 27711 Phone: 919 541-1045 E-Mail: wayland.robertj@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AM54

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Title: Protection of Stratospheric Ozone: Listing of Substitutes in the Motor Vehicle Air Conditioning Sector Under the Significant New Alternatives Policy (SNAP) Program Abstract: Under the Significant New Alternatives Policy (SNAP) program, EPA evaluates alternatives to ozone-depleting substances to ensure that they do not increase overall risks to human health and the environment. If finalized as proposed, this rule would expand the list of acceptable substitutes (subject to use conditions) for use in the motor vehicle air conditioning (MVAC) sector. EPA has already issued a final rule for the other substitute addressed in this proposal, R-152a. This final action pertains to R-744.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 82.180 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 7671k Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 09/21/2006 71 FR 55140 NPRM Comment Period End 10/23/2006
Final Rule 06/12/2008 73 FR 33304 Notice of Data Availability 09/17/2009 74 FR 47774 Final Action 12/00/2010

Additional Information: SAN No. 4918; EPA publication information: NPRM - http://www.epa.gov/fedrgstr/EPAAIR/2006/September/Day-21/a7967.htm; EPA Docket information: EPA-OAR-2004-0488.Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest. RIN Information URL: www.epa.gov/ozone/snap/refrigerants/lists/mvacs.html Agency Contact: Yaidi Cancel Environmental Protection Agency Air and Radiation 6205J Washington , DC 20460 Phone: 202 343-9512 FAX: 202 343-2338 E-Mail: cancel.yaidi@epa.gov Agency Contact: Margaret Sheppard Environmental Protection Agency Air and Radiation 6205J Washington , DC 20460 Phone: 202 343-9163 FAX: 202 343-2338 E-Mail: Sheppard.Margaret@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AN01

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Title: Component Durability Procedures for New Light Duty Vehicles, Light Duty Trucks & Heavy Duty Vehicles 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 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.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 7521 Legal Deadline: None

Timetable:
Action Date FR Cite Supplemental 2 NPRM 01/17/2006 71 FR 2843 Final Action 08/00/2011

Additional Information: EPA publication information: Supplemental 2 NPRM - http://www.epa.gov/fedrgstr/EPAAIR/2006/January/Day-17/a073.htm; Split from RIN 2060-AK76; EPA Docket information: OAR-2002-0079

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Sectors Affected: 3361 Agency Contact: David Good Environmental Protection Agency Air and Radiation AAPTIG Ann Arbor , MI 48105Phone: 734 214-4450 E-Mail: Good.David@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AO12

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Title: Commercial and Industrial Solid Waste Incineration Units; Response to Remand of New Source Performance Standards and Emission Guidelines Abstract: This action will respond to the remand of the Commercial and Industrial Solid Waste Incineration (CISWI) New Source Performance Standards and Emission Guidelines under section 129 of the Clean Air Act. Among other things, we will respond to the Court's 2003 remand of the CISWI rule and the Court's June 2007 vacatur of the CISWI Definitions Rule, and examine and revise, as appropriate, the methodology for developing the MACT floors and emission limits.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 60; 40 CFR 62 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 7401 et seq Legal Deadline:
Action Source Description Date

NPRM Judicial 75 FR 31938 Docket ID EPA-HQ-OAR-2003-0119-0001 04/29/2010 Other Judicial 12/16/2010

Timetable:
Action Date FR Cite
NPRM 06/04/2010 75 FR 31937 Final Action 12/00/2010

Additional Information: EPA publication information: NPRM -http://www.regulations.gov/search/Regs/home.html#documentDetail?R=0900006480afbb7c; EPA Docket information: EPA-HQOAR-2003-0119

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: Business Federalism: No Energy Affected: No Sectors Affected: 325; 334; 3254; 321 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 E-Mail: Jones.Toni@epamail.epa.gov Agency Contact: Charlene Spells Environmental Protection Agency Air and Radiation E143-03 Research Triangle Park , NC 27711 Phone: 919 541-5255 FAX: 919 541-3470 E-Mail: Spells.Charlene@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AO25

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Title: Revision of Hearing—Protector Regulations Abstract: EPA plans to undertake a revision of its regulation at 40 CFR 211, subpart B, regarding the labeling of productsthat are sold wholly or in part on the basis of their ability to reduce the level of sound entering a person's ears, typically referred to as “Hearing Protectors.” This action is being taken under the authority of section 8 of the Noise Control Act of 1972, which authorizes EPA to revise the current compliance test methodologies as necessary, and incorporate new test methods and rating schemes to address hearing protector technologies that have evolved since initial promulgation of the regulation in 1979.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 211, subpart B (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: Noise Control Act of 1972, sec 8 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 08/05/2009 74 FR 39150 NPRM; Extension of Public Comment Period 08/21/2009 74 FR 42223 Final Action 12/00/2010

Additional Information: EPA publication information: NPRM - http://www.epa.gov/fedrgstr/EPA-AIR/2009/August/Day05/a18003.pdf; EPA Docket information: EPA–HQ–OAR–2003–0024

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: Business Federalism: No Energy Affected: No Agency Contact: Ken Feith Environmental Protection Agency Air and Radiation 6103 Washington , DC 20460 Phone: 202 564-1679 FAX: 202 564-1677 E-Mail: Feith.Ken@epamail.epa.gov Agency Contact: Catrice Jefferson Environmental Protection Agency Air and Radiation 6103 Washington , DC 20460 Phone: 202 564-1668 FAX: 202 564-1677 E-Mail: Jefferson.Catrice@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AO31

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Title: Amendment of Definitions for National Emissions Standards for Hazardous Pollutants for Radionuclides, Subparts H and I Abstract: Subparts H and I of 40 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. The current definition of "effective dose equivalent" refers to a method of calculation in International Commission on Radiological Protection (ICRP) publication no. 26. Removing this reference will prevent confusion if EPA incorporates newer ICRP methods for calculating effective dose equivalent in its compliance models.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 61.90(a); 40 CFR 61.101(a) (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 7401 et seq Legal Deadline: None

Timetable:
Action Date FR Cite Direct Final Action 04/00/2011Additional Information: SAN No. 5114

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Dan Schultheisz Environmental Protection Agency Air and Radiation 6608J Washington , DC 20460 Phone: 202 343-9349 FAX: 202 343-2304 E-Mail: schultheisz.daniel@epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AO51

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Title: Addition of Method 208, Protocol for the Source Testing, Analysis, and Reporting of VOC Emissions From Hot Mix Asphalt Plant Dryers Abstract: Method 208 is a protocol for collecting, analyzing, and reporting of volatile organic compounds (VOC) emissions from asphalt paving production operations. It will produce more accurate measurement of the mass of VOC emissions from such operations than any other current method for measuring VOC. The method will allow the EPA to make a more accurate assessment of whether asphalt paving plants are major sources under the Federal programs for New Source Review and Prevention of Significant Deterioration. EPA is promulgating these methods to make them more widely available and acceptable for use by asphalt paving producers in meeting various environmental regulations.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 51, app M (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 7401 et sec Legal Deadline: None

Timetable:
Action Date FR Cite Direct Final Action 01/00/2011

Additional Information: EPA Docket information: EPA-HQ-OAR-2008-0622

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Sectors Affected: 32412 Agency Contact: Gary McAlister Environmental Protection Agency Air and Radiation E143-02 Research Triangle Park , NC 27711 Phone: 919 541-1062 FAX: 919 541-1039 E-Mail: Mcalister.Gary@epamail.epa.gov Agency Contact: Candace Sorrell Environmental Protection Agency Air and Radiation E143-02 Research Triangle Park , NC 27711 Phone: 919 541-1064 FAX: 919 541-0516 E-Mail: sorrell.candace@epa.govEnvironmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AO53

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Title: National Emission Standards for Hazardous Air Pollutants: Appendix A—Test Methods; Amendments to Method 301 Abstract: This action amends EPA's Method 301: Field Validation of Pollutant Measurement Methods from Various Waste Media. Method 301 can be found in appendix A of 40 CFR, part 63 (Test Methods). Method 301 was promulgated with 40 CFR, part 63, subpart D (Regulations Governing Compliance Extensions for Early Reductions of Hazardous Air Pollutants)(58 FR 27338, June 13, 1991) pursuant to section 112 of the Clean Air Act (as amended in 1990). This action finalizes amendments to Method 301 based on comments received on proposed changes to the Method published in the Federal Register on December 22, 2004 (69 FR 76642) and amends errors identified in the proposed amendments to the Method.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 63 app A (revision) (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 7401 et seq Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 12/22/2004 69 FR 76642 Final Action 01/00/2011

Additional Information: EPA publication information: NPRM - http://www.epa.gov/fedrgstr/EPA-AIR/2004/December/Day22/a27985.htm; EPA Docket information: EPA-HQ-OAR-2004-0080

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Sectors Affected: 31-33; 22 Agency Contact: Gary McAlister Environmental Protection Agency Air and Radiation E143-02 Research Triangle Park , NC 27711 Phone: 919 541-1062 FAX: 919 541-1039 E-Mail: Mcalister.Gary@epamail.epa.gov Agency Contact: Robin Segall Environmental Protection Agency Air and Radiation EW143-02 Research Triangle Park , NC 27711 Phone: 919 541-0893 FAX: 919 541-0516 E-Mail: Segall.Robin@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AO58

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Title: Methods for Measurement of Filterable PM10 and PM2.5 and Measurement of Condensable Particulate Matter Emissions From Stationary Sources Abstract: This action adds new procedures to two methods required in State Implementation Plans to measure fine PM or PM 2.5 with condensable emissions. Method 201a is amended to add procedures and equipment specifications for use of a 2.5 micron size cut cyclone which may be used in conjunction with the current 10 micron size cut cyclone if measuring both PM10 and PM2.5 or may be used alone if only PM2.5 is to be measured. Method 202 is amended to add procedures and equipment specifications to be followed when the measurement of fine PM which includes condensable emissions is required. These amendments improve the accuracy and precision of the current version of Method 202.Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 51 app M (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: Clean Air Act, 42 USC 7401 et seq Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 03/25/2009 74 FR 12969 Final Action 02/00/2011

Additional Information: EPA publication information: NPRM - http://edocket.access.gpo.gov/2009/pdf/E9-6178.pdf; EPA Docket information: EPA-HQ-QAR-2008-0348

Regulatory Flexibility Analysis Required: No Government Levels Affected: Local; State Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Candace Sorrell Environmental Protection Agency Air and Radiation E143-02 Research Triangle Park , NC 27711 Phone: 919 541-1064 FAX: 919 541-0516 E-Mail: sorrell.candace@epa.gov Agency Contact: Conniesue Oldham Environmental Protection Agency Air and Radiation E143-02 Research Triangle Park , NC 27711 Phone: 919 541-7774 FAX: 919 541-0516 E-Mail: Oldham.Conniesue@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AO91

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Title: NESHAP: Chromium Electroplating and Chromium Anodizing Tanks; Group I Polymers and Resins; Marine Tank Vessel Loading Operations; Pharmaceuticals Production; Printing and Publishing; and Steel Picklin Abstract: This action proposes how EPA will address the residual risk and technology reviews conducted for two national emission standards for hazardous air pollutants (NESHAP) and supplements an October 2008 proposal addressing the residual risk and technology reviews for four NESHAP. The six NESHAP include 16 source categories. This action also proposes to modify the existing emissions standards for eight source categories in three of the six NESHAP to address certain emission sources not currently regulated under these standards. It also proposes for all six NESHAP to address provisions related to emissions during periods of startup, shutdown, and malfunction. Finally, this action proposes changes to two of the six NESHAP to correct editorial errors, make clarifications, or address issues with implementation or determining compliance. We have settlement agreement deadlines for proposed and final rules of September 14, 2010 and June 30, 2011, respectively.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 30 CFR 63 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 7412 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 10/10/2008 73 FR 60432 NPRM Correction 10/24/2008 73 FR 63420 NPRM & Supplemental NPRM 10/21/2010 75 FR 65068 Final Action 04/00/2011Additional Information: Split from RIN 2060-AN85; EPA Docket information: EPA-HQ-OAR-2008-0008

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Sectors Affected: 3254; 32311; 4883; 325212 Related RINs: Related to 2060-AN85 Agency Contact: Mary Kissell Environmental Protection Agency Air and Radiation E143-01 Research Triangle Park , NC 27711 Phone: 919 541-4516 FAX: 919 685-3219 E-Mail: Kissell.Mary@epa.gov Agency Contact: Ken Hustvedt Environmental Protection Agency Air and Radiation E143-01 Research Triangle Park , NC 27711 Phone: 919 541-5395 FAX: 919 685-3200 E-Mail: hustvedt.ken@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AO96

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Title: Implementation of the 1997 8-Hr Ozone NAAQS: Classification of Subpart 1 Areas and Revision to Anti-Backsliding Provisions; Deletion of Obsolete 1-Hr Ozone Standard Provisions. Abstract: This rulemaking action would revise the rule for implementation of the 8-hour ozone national ambient air quality standard (NAAQS) to address partial vacatur by the U.S. Circuit Court of Appeals for the District of Columbia Circuit. The rulemaking would remove the portions of the regulatory text vacated by the Court, specifically: (1) the provision that places some 8-hour ozone nonattainment areas under title I, part D, subpart 1 of the CAA; (2) remove the exemption from anti-backsliding for the following three obligations under the now-revoked 1-hour ozone NAAQS: - New source review; - CAA section 185 penalty fees for severe and extreme areas that fail to attain the 1-hour standard by their attainment date; and - Contingency measures for failure to attain the 1-hour standard or make reasonable progress toward attainment. The rule would also address: (1) the classification system for nonattainment areas that the implementation rule originally covered under Clean Air Act (CAA) title I, part D, subpart 1; and (2) contingency measures that apply as anti-backsliding measures under the now-revoked 1-hour standard. The rule would also remove an obsolete provision in the 1-hour ozone standard itself (40 CFR 50.9(c)).

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 51; 40 CFR 50; 40 CFR 81 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 7410; 42 USC 7511 to 7511f; 42 USC 7601(a)(1) Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 01/16/2009 74 FR 2936 NPRM Comment Period End Date 02/17/2009
Final Action 03/00/2011

Additional Information: EPA publication information: NPRM -http://www.regulations.gov/search/Regs/home.html#documentDetail?R=09000064808228f1; EPA Docket information: EPA-HQOAR-2007-0956

Regulatory Flexibility Analysis Required: No Government Levels Affected: Local; State Small Entities Affected: No Federalism: No Energy Affected: NoAgency Contact: Lynn Dail Environmental Protection Agency Air and Radiation C504-01 Research Triangle Park , NC 27711 Phone: 919 541-5550 FAX: 919 541-0824 E-Mail: dail.lynn@epa.gov Agency Contact: Kimber Scavo Environmental Protection Agency Air and Radiation C539-01 Research Triangle Park , NC 27711 Phone: 919 541-3354 FAX: 919 541-4028 E-Mail: scavo.kimber@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AP08

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Title: Revisions to Test Method for Determining Stack Gas Velocity Taking Into Account Velocity Decay Near the Stack Walls Abstract: This test method enables the representative measurement of pollutant emissions and/or total volumetric flow from stationary sources. When the method was originally developed, it addressed only sources where the flow measurements were made in locations with circular cross-sections within an exhaust stack. This technical update to the test method will address flow measurement locations with both circular and rectangular cross-sections. The revisions also include changes that increase the accuracy of the method and simplify its application. The primary users of the method will be owners and operators of utility unitssubject to the Acid Rain Program under title IV of the Clean Air Act and certain large electric generating units and large nonelectric generating units that are subject to the nitrogen oxides (NOX) state implementation plan (SIP) call under Title I of the Clean Air Act. These sources use volumetric stack flow rate monitors in order to measure sulfur dioxide (SO2) and NOX mass emissions and heat inputs emissions and must conduct periodic relative accuracy test assessments (RATAs) of the flow rate monitors at these units.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 60 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: Clean Air Act Title I Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 08/25/2009 74 FR 42819 Final Action 01/00/2011

Additional Information: EPA publication information: NPRM - http://www.epa.gov/fedrgstr/EPA-AIR/2009/August/Day25/a20395.pdf; EPA Docket information: EPA-HQ-OAR-2008-0697

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Sectors Affected: 221112 Agency Contact: Jason Dewees Environmental Protection Agency Air and Radiation E143-02 Research Triangle Park , NC 27711 Phone: 919 541-9724 FAX: 919 541-0516 E-Mail: Dewees.Jason@epamail.epa.gov Agency Contact: Conniesue Oldham Environmental Protection Agency Air and Radiation E143-02 Research Triangle Park , NC 27711Phone: 919 541-7774 FAX: 919 541-0516 E-Mail: Oldham.Conniesue@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AP11

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Title: Protection of Stratospheric Ozone: New Substitute in the Motor Vehicle Air Conditioning Sector Under the Significant New Alternatives Policy (SNAP) Program Abstract: In this action, the Agency proposed to list the refrigerant HFO-1234yf as an acceptable substitute in motor vehicle air conditioning (MVAC) systems, and outlines the conditions necessary for its safe use. This refrigerant has very low global warming potential. Current MVAC refrigerants are highly potent greenhouse gases.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 82, subpart G (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 7671k Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 10/19/2009 74 FR 53445 NPRM Reopening Public Comment Period 12/28/2009 74 FR 68558 NPRM Reopening of Public Comment Period 02/09/2010 75 FR 6338 Final Action 12/00/2010

Additional Information: EPA publication information: NPRM -http://www.regulations.gov/search/Regs/home.html#documentDetail?R=0900006480a44c7a; EPA Docket information: EPA-HQOAR-2008-0664

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest. RIN Information URL: http://www.epa.gov/ozone/snap/refrigerants/lists/mvacs.html Sectors Affected: 336391 Agency Contact: Margaret Sheppard Environmental Protection Agency Air and Radiation 6205J Washington , DC 20460 Phone: 202 343-9163 FAX: 202 343-2338 E-Mail: Sheppard.Margaret@epamail.epa.gov Agency Contact: Yaidi Cancel Environmental Protection Agency Air and Radiation 6205J Washington , DC 20460 Phone: 202 343-9512 FAX: 202 343-2338 E-Mail: cancel.yaidi@epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AP14

View Related DocumentsTitle: Waste Energy Recovery Registry Abstract: Title IV of the Energy Independence and Security Act of 2007 directs EPA to establish a "recoverable waste energy inventory program" in cooperation with the Department of Energy and state energy offices. This inventory program is composed of a Survey of major industrial and large commercial combustion sources, and a Registry of Recoverable Waste Energy Sources. On July 23, 2009, EPA issued a proposed rule that included the criteria for including sources or sites in a Registry of Recoverable Waste Energy Sources, and the Survey processes by which EPA will collect data and populate the Registry. Under this action, EPA will publish a rule establishing criteria for including sites in the Registry of Recoverable Waste Energy Sources.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 1200 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 6342 Legal Deadline:
Action Source Description Date

Other Statutory The Energy Independence and Security Act of 2007 says that EPA must publish a rule 270 days from its enactment 09/19/2008

Timetable:
Action Date FR Cite
NPRM 07/23/2009 74 FR 36430 Final Action 12/00/2010

Additional Information: EPA publication information: NPRM -http://www.regulations.gov/search/Regs/home.html#documentDetail?R=09000064809f8fac; EPA Docket information: EPA-HQOAR-2008-0201

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Susan Wickwire Environmental Protection Agency Air and Radiation 6202J Washington , DC 20460 Phone: 202 343-9155 FAX: 202 343-2208 E-Mail: wickwire.susan@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AP15

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Title: Ambient Ozone Monitoring Regulations: Revisions to Network Design Requirements Abstract: Ozone monitoring requirements were revised in October 2006 during a comprehensive revision of ambient monitoring requirements contained in 40 CFR parts 50, 53, and 58. These changes included revised minimum monitoring requirements for ozone monitors in urban areas as well as changes to the length of the required monitoring season. As stated in the Ozone National Ambient Air Quality Standards (NAAQS) final rule published on March 27, 2008 (73 FR 16436), EPA believes that certain changes are needed in the ozone minimum monitoring requirements to account for the newly revised levelsof the NAAQS (primary and secondary NAAQS levels for ozone were revised from an eight-hour level of 0.08 ppm to an eighthour level of 0.075 ppm). In this rulemaking, EPA will propose: (1) modest changes to minimum monitoring requirements in urban areas, (2) minimal monitoring requirements in rural areas, and (3) incremental adjustments to the length of the ozone monitoring season where indicated by statistical analysis. These proposed actions have been developed in response to comments that were received from some States, national monitoring associations, and environmental groups during the Ozone NAAQS proposal that was published on July 11, 2007 (72 FR 37818). No changes will be proposed in ozone measurement methodology, quality assurance requirements, or probe siting requirements. Therefore, the implementation of any proposed changes should be routine for affected monitoring agencies.

Priority: Other Significant Agenda Stage of Rulemaking: Final RuleMajor: No Unfunded Mandates: No CFR Citation: 40 CFR 58 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 7403; 42 USC 7410; 42 USC 7601(a); 42 USC 7611; 42 USC 7619 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 07/16/2009 74 FR 34525 Final Action 03/00/2011

Additional Information: EPA publication information: NPRM - http://www.epa.gov/fedrgstr/EPA-AIR/2009/July/Day16/a16802.pdf; EPA Docket information: EPA-HQ-OAR-2008-0338

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; State; Local; Tribal Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Lewis Weinstock Environmental Protection Agency Air and Radiation C304-06 Research Triangle Park , NC 27711 Phone: 919 541-3661 FAX: 919 541-1903 E-Mail: Weinstock.Lewis@epamail.epa.gov Agency Contact: Lula Melton Environmental Protection Agency Air and Radiation C304-06 Research Triangle Park , NC 27711 Phone: 919 541-2910 FAX: 919 541-1903 E-Mail: melton.lula@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AP16

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Title: NESHAP: Gasoline Distribution; Amendments—Area Source Standard Abstract: On January 10, 2008, EPA issued final national emission standards for hazardous air pollutants for gasoline distribution area source bulk terminals, bulk plants, pipeline facilities, and gasoline dispensing facilities. Subsequently, we received two petitions for reconsideration from industry to clarify some applicability and implementation provisions of the final rule. On 12/15/09, we proposed amendments to address the issues raised by the petitioners as well as compliance-related questions raised by other stakeholders. This action is to consider public comments on the proposed amendments, and develop and issue final amendments.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 63 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 7412 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 12/15/2009 74 FR 66470 Final Action 03/00/2011

Additional Information: EPA publication information: NPRM - http://edocket.access.gpo.gov/2009/pdf/E9-29560.pdf; EPA Docket information: EPA-HQ-OAR-2006-0406

Regulatory Flexibility Analysis Required: No Government Levels Affected: NoSmall Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Steve Shedd Environmental Protection Agency Air and Radiation E143-01 Research Triangle Park , NC 27711 Phone: 919 541-5397 FAX: 919 685-3195 E-Mail: Shedd.Steve@epamail.epa.gov Agency Contact: Ken Hustvedt Environmental Protection Agency Air and Radiation E143-01 Research Triangle Park , NC 27711 Phone: 919 541-5395 FAX: 919 685-3200 E-Mail: hustvedt.ken@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AP23

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Title: Restructuring of the Stationary Source Audit Program Abstract: 40 CFR parts 51, 60, 61, and 63 contain EPA's air toxics emissions standards (NESHAPS) and emission standards for new stationary sources (NSPS). 40 CFR 63.7(c)(2)(ii) requires an external Quality Assurance (QA) program that at a minimum includes an application of plans for a test method performance audit during the performance test. 40 CFR part 60 Appendices also contain similar requirements within individual test methods. Currently EPA provides these audit samples free of charge because there were no commercial sources. Because of growth in the laboratory calibration standards, there are now commercial sources available to provide these audit samples. Restructuring this program will allow commercial suppliers to replace EPA as the source of audit samples. As a result of restructuring, there will be both greater availability and new kinds of audit samples which should yield increased usage of the audit sample program and, in turn, overall better quality test data.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 51, 60, 61, and 63 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 23 USC 101; 42 USC 7401 to 7671q; 42 USC 7410, 7414, 7421, 7470 to 7479, 7491, 7492, 7601, and 7602; 42 USC 7401, 7412, 7413, 7414, 7416, 7601, and 7602; 42 USC 7401 et seq Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 06/16/2009 74 FR 28451 Final Action 12/00/2010

Additional Information: EPA publication information: NPRM - http://www.epa.gov/fedrgstr/EPA-AIR/2009/June/Day16/a14023.pdf; EPA Docket information: EPA-HQ-OAR-2008-0531

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: Business Federalism: No Energy Affected: No Agency Contact: Candace Sorrell Environmental Protection Agency Air and Radiation E143-02 Research Triangle Park , NC 27711 Phone: 919 541-1064 FAX: 919 541-0516 E-Mail: sorrell.candace@epa.gov Agency Contact: Gary McAlister Environmental Protection Agency Air and Radiation E143-02Research Triangle Park , NC 27711 Phone: 919 541-1062 FAX: 919 541-1039 E-Mail: Mcalister.Gary@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AP30

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Title: Implementation of the 1997 8-Hour Ozone National Ambient Air Quality Standard: NSR Anti-Backsliding Abstract: This action proposes to revise the rule for implementing the 1997 8-hour ozone national ambient air qualitystandard (NAAQS). The rule will address how nonattainment major new source review (NSR) requirements apply under the antibacksliding provisions of the implementation rule in response to a partial vacatur by the U.S. Court of Appeals for the District of Columbia Circuit.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 51 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 7410; 42 USC 7511 to 7511f; 42 USC 7601(a)(1) Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 08/24/2010 75 FR 51960 Final Action 05/00/2011

Additional Information: EPA publication information: NPRM - http://www.regulations.gov/search/Regs/home.html#documentDetail?R=0900006480b38bb4; Split from RIN 2060-AO96; EPA Docket information: EPA-HQ-OAR-2008-0462

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Local; State Small Entities Affected: No Federalism: No Energy Affected: No RIN Information URL: www.epa.gov/nsr Agency Contact: David Painter Environmental Protection Agency Air and Radiation C504-03 Research Triangle Park , NC 27711 Phone: 919 541-5515 FAX: 919 541-5509 E-Mail: painter.david@epa.gov Agency Contact: Raj Rao Environmental Protection Agency Air and Radiation C504-03 Research Triangle Park , NC 27711 Phone: 919 541-5344 FAX: 919 541-5509 E-Mail: Rao.Raj@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AP37

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Title: Air Quality Designations and Classifications for the 2008 Ozone National Ambient Air Quality Standards Abstract: This action will establish the air quality designations for all areas of the United States under the revised 2008 ozone NAAQS. Designations of attainment, nonattainment, or unclassifiable are based upon air quality monitoring data and other relevant information pertaining to the air quality in the affected area, including whether an area contributes to a violationof the standard in a nearby area. The schedule and process for designations is contained in CAA section 107. Under the schedule, States and Tribes are to submit their designation recommendations no later than one year from promulgation of the revised NAAQS. EPA is required to notify States and Tribes of any modifications that EPA intends to make to their recommendations no later than 120 days prior to promulgation of the designations. EPA must make the designations no later than 2 years from the March 12, 2008 promulgation of the revised NAAQS. However, EPA may extend that date by up to one year if EPA has insufficient information. On January 6, 2010, EPA issued a proposal to reconsider the 2008 ozone NAAQS and instead set more protective NAAQS. If EPA promulgates new NAAQS as a result of the reconsideration, the requirement to designate areas for the replaced 2008 NAAQS would no longer apply. Because of the uncertainty created by the reconsideration of the 2008 ozone NAAQS, on January 6, 2010, EPA announced it extended the designations deadline by one year, until March 12, 2011.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 81 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: sec 107(d); sec 172(a); sec 181(a) Legal Deadline:
Action Source Description Date

Other Statutory The CAA requires EPA to complete designations in 2 years from promulgation of a new or revised NAAQS. 03/12/2011

Timetable:
Action Date FR Cite Final Action 03/00/2011

Additional Information: EPA Docket information: EPA-HQ-OAR-2008-0476

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Carla Oldham Environmental Protection Agency Air and Radiation C539-04 Research Triangle Park , NC 27711 Phone: 919 541-3347 FAX: 919 541-0824 E-Mail: oldham.carla@epamail.epa.gov Agency Contact: Rhea Jones Environmental Protection Agency Air and Radiation C539-04 Research Triangle Park , NC 27711 Phone: 919 541-2940 FAX: 919 541-0824 E-Mail: Jones.Rhea@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AP48

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Title: National Emissions Standard for Hazardous Air Pollutants for Gold Mine Ore Processing Abstract: EPA is developing a national emissions standard for hazardous air pollutants (NESHAP) for gold mine ore processing facilities under section 112 of the Clean Air Act. This action is being developed to help fulfill a mandate under section 112(c)(6) of the Clean Air Act, which requires EPA to list categories and subcategories of sources assuring that sources accounting for not less than 90 per centum of the aggregate emissions of mercury are subject to standards under subsection 112(d)(2) or 112(d)(4) of the Clean Air Act. This action will help protect human health and the environment by proposing controls for mercury emissions from this source category.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 63 (To search for a specific CFR, visit the Code of Federal Regulations )Legal Authority: CAA sec 112(c)(6) Legal Deadline:
Action Source Description Date

NPRM Judicial 04/15/2010 Other Statutory 06/28/2010 Other Statutory Last day to submit public comments. Public comment period ended. 12/16/2010

Timetable:
Action Date FR Cite
NPRM 04/28/2010 75 FR 22469 NPRM Extension of Comment Period 05/20/2010 75 FR 28227 Final Action 12/00/2010

Additional Information: EPA publication information: NPRM - http://www.regulations.gov/search/Regs/home.html#docketDetail?R=EPA-HQ-OAR-2010-0239

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: Undetermined Agency Contact: Chuck French Environmental Protection Agency Air and Radiation D243-02 Research Triangle Park , NC 27711 Phone: 919 541-7912 FAX: 919 541-3207 E-Mail: french.chuck@epa.gov Agency Contact: Steve Fruh Environmental Protection Agency Air and Radiation 1200 Pennsylvania Ave, NW Washington , DC 20460 Phone: 919 541-2837 FAX: 919 541-4991 E-Mail: fruh.steve@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AP50

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Title: Transport Rule (CAIR Replacement Rule) Abstract: On May 12, 2005, the Environmental Protection Agency (EPA) promulgated the Clean Air Interstate Rule, commonly known as CAIR (70 FR 25162). The CAIR used a cap and trade approach to reduce sulfur dioxide (SO2) and nitrogen oxides (NOx) emissions. On July 11, 2008, the D.C. Circuit issued an opinion finding parts of the CAIR unlawful and vacating the rule. On December 23, the D.C. Circuit issued a decision on the petitions for rehearing of the July 11 decision. The court granted EPA's petition for rehearing to the extent that it remanded the cases without vacatur of the CAIR. This ruling means that the CAIR remains in place temporarily but that EPA is obligated to promulgate another rule under Clean Air Act section 110(a)(2)(D) consistent with the court's July 11 opinion. This action would fulfill our obligation to develop a rule consistent with the July 11, 2008, and December 23, 2008, D.C. Court decisions.

Priority: Economically Significant Agenda Stage of Rulemaking: Final Rule Major: Yes Unfunded Mandates: Private Sector CFR Citation: 40 CFR 51, 52, 72, 78, 97 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 7401 et seq Legal Deadline: None

Regulatory Plan: Statement of Need: The Clean Air Transport Rule is necessary to help States address interstate transport of pollutants from upwind States to downwind nonattainment areas. Specifically, the rule is needed to respond to the remand of the Clean Air Interstate Rule by the U.S. Court of Appeals for the D.C. Circuit.Legal Basis: The Clean Air Transport Rule is needed to help States address the requirements of section 110(a)(2)(D)(i) of the Clean Air Act. This section requires States to prohibit emissions that contribute significantly to downwind nonattainment with the national ambient air quality standards or which interfere with maintaining the standards in those downwind States.

Alternatives: To be determined.

Costs and Benefits: The proposed rule would yield more than $120 to $290 billion in annual benefits in 2014. This far outweighs the estimated annual costs of $2.8 billion for that year. Both the annual benefits and costs are in 2006 dollars. The emission reductions from this proposed rule would lead to significant annual health benefits. In 2014, this rule would protect public health by avoiding: 14,000 to 36,000 premature deaths, 21,000 cases of acute bronchitis, 23,000 nonfatal heart attacks, 26,000 hospital and emergency room visits, 1.9 million days when people miss work or school, 240,000 cases of aggravated asthma, and 440,000 upper and lower respiratory symptoms. Air quality improvements would lead to increased visibility in national and State parks, and increased protection for sensitive ecosystems including, Adirondack and Appalachian lakes, coastal waters and estuaries, and sugar maple forests.

Risks: To be determined. Timetable:
Action Date FR Cite
NPRM 08/02/2010 75 FR 45210 NODA 09/01/2010 75 FR 53613 NPRM Correcting Amendments 09/14/2010 75 FR 55711 NPRM Comment Period End 10/01/2010
Final Action 07/00/2011

Additional Information: EPA publication information: NPRM -http://www.regulations.gov/search/Regs/home.html#documentDetail?R=0900006480b25be1; EPA Docket information: EPA-HQOAR-2009-0491

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Local; State Small Entities Affected: Business; Governmental Jurisdictions Federalism: No
Energy Affected: Yes International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest. RIN Information URL: www.epa.gov/airtransport Sectors Affected: 221112 Agency Contact: Gabrielle Stevens Environmental Protection Agency Air and Radiation 6204J Washington , DC 20460 Phone: 202 343-9252 FAX: 202 343-2359 E-Mail: stevens.gabrielle@epamail.epa.gov Agency Contact: Meg Victor Environmental Protection Agency Air and Radiation 6204J Washington , DC 20460 Phone: 202 343-9193 E-Mail: Victor.Meg@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AP54

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Title: Protection of Stratospheric Ozone: Listing of Substitutes for Ozone-Depleting Substances-Hydrocarbon Refrigerants Abstract: This action proposed to list a number of hydrocarbon refrigerants as substitutes to ozone depleting substances for certain household and commercial uses under EPA's Significant New Alternatives Policy (SNAP) Program. The SNAP Program evaluates alternatives to ozone-depleting substances to ensure that they do not increase overall risks to human health and the environment and lists these substitutes as acceptable, acceptable subject to use conditions, acceptable with narrowed use limits, or unacceptable. This action proposed to find a number of hydrocarbons acceptable subject to use conditions, includingenforceable use conditions to ensure the safe use of hydrocarbons as refrigerants. This rule is anticipated to give industry more options with less overall environmental and health impact than current refrigerants.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 82 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 7414; 42 USC 7601; 42 USC 7671 to 7671q Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 05/10/2010 75 FR 25799 Final Action 01/00/2011

Additional Information: EPA publication information: NPRM -http://www.regulations.gov/search/Regs/home.html#documentDetail?R=0900006480aea2df; EPA Docket information: EPA-HQOAR-2009-0286

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No RIN Information URL: http://www.epa.gov/ozone/snap/index.html Sectors Affected: 333415; 335222 Agency Contact: Monica Shimamura Environmental Protection Agency Air and Radiation 6205J Washington , DC 20460 Phone: 202 343-9337 E-Mail: Shimamura.Monica@epamail.epa.gov Agency Contact: Margaret Sheppard Environmental Protection Agency Air and Radiation 6205J Washington , DC 20460 Phone: 202 343-9163 FAX: 202 343-2338 E-Mail: Sheppard.Margaret@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AP57

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Title: Transportation Conformity Rule Restructuring Amendments Abstract: The transportation conformity rule ensures that transportation planning is consistent with a State's plan for achieving air quality standards. These amendments will update the rule to apply existing conformity requirements to future NAAQS such that the need for future rulemakings merely to address conformity for a new or revised NAAQS will be minimized.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 51 and 93 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: CAA sec 176(c)(42 USC 7506(c) Legal Deadline:
Action Source Description Date

Other Statutory New Ozone areas need rule by 6/2010 to make 1st conformity determination by CAA deadline, 1 yr from effective date of designations. 06/11/2010

Timetable:
Action Date FR CiteNPRM Comment Period Extended 08/13/2010 75 FR 49435 Final Action 08/00/2011

Additional Information: EPA publication information: NPRM - http://edocket.access.gpo.gov/2010/pdf/2010-19928.pdf; EPA Docket information: EPA-HQ-OAR-2009-0128

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Sectors Affected: 92 Agency Contact: Patty Klavon Environmental Protection Agency Air and Radiation AASMCG Ann Arbor , MI 48105 Phone: 734 214-4476 E-Mail: klavon.patty@epamail.epa.gov Agency Contact: Laura Berry Environmental Protection Agency Air and Radiation AASMCG Ann Arbor , MI 48105 Phone: 734 214-4858 E-Mail: Berry.Laura@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AP64

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Title: Clean Alternative Fuel Vehicle and Engine Conversions Abstract: New regulations affecting the conversion of automobiles from the original fuel on which they were designed to operate to an alternative fuel are necessary because at this time vehicle fuel converters are only able to convert a vehicle's fuel operation if the conversion has been EPA certified. The certification process is suitable for the conversions of newer vehicles. However, converters seeking to legally convert an older vehicle, for which there are now tax and other monetary incentives, need a process more suitable for older vehicles. This rule clarifies the certification procedure for new vehicle conversions as well as creates an option for used vehicles to ensure continued air quality.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 85; 40 CFR 86 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: CAA sec 203(a)(1); CAA sec 202 and 206; 40 CFR 86.1848–01; CAA sec 202 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 05/26/2010 75 FR 29606 Final Action 12/00/2010

Additional Information: EPA publication information: NPRM - http://69.175.53.6/register/2010/may/26/2010-11149.pdf; EPA Docket information: EPA–HQ–OAR–2009–0299

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: Undetermined Sectors Affected: 336399; 336312 Agency Contact: Amy Bunker Environmental Protection Agency Air and Radiation AAIO Ann Arbor , MI 48105 Phone: 734 214-4160 E-Mail: Bunker.Amy@epamail.epa.govAgency Contact: Laura Baker Environmental Protection Agency Air and Radiation AAPTIG Ann Arbor , MI 48105 Phone: 734 214-4592 E-Mail: Baker.Laura@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AP67

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Title: Compression Ignition Engine NSPS—Amendments Abstract: This action will amend the New Source Performance Standards (NSPS) for stationary compression ignition internal combustion engines. These amendments are the result of a settlement agreement with the American Petroleum Institute. The amendments to the rule include limiting the operation and maintenance (O&M) requirements to emission-related O&M and allowing certified engine owners/operators to operate/maintain their engines according to their own O&M practices if they conduct performance testing to demonstrate compliance. The amendments also clarify the requirements for temporary replacement engines. In addition, this action amends the NSPS to implement more stringent emission standards for engines with a displacement above 10 liters/cylinder, consistent with recent revisions to standards for similar mobile source engines. This action revises the requirements for engines in rural portions of Alaska. The amendments also correct minor errors in the NSPS.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 60 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 7411 Legal Deadline:
Action Source Description Date

NPRM Judicial settlement agreement with API 05/22/2010 Other Judicial settlement agreement with API 05/22/2011

Timetable:
Action Date FR Cite
NPRM 06/08/2010 75 FR 32611 Final Action; Extension of Public Comment Period 08/06/2010 75 FR 47520 Final Action 06/00/2011

Additional Information: EPA publication information: NPRM - http://www.regulations.gov/search/Regs/home.html#documentDetail? R=0900006480afe2c6http://www.regulations.gov/search/Regs/home.html#documentDetail?R=0900006480afe2c6; EPA Docket information: EPA-HQ-OAR-2010-0295

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Federal; Local; State

Small Entities Affected: Business Federalism: No Energy Affected: No Agency Contact: Melanie King Environmental Protection Agency Air and Radiation D243-01 Research Triangle Park , NC 27711 Phone: 919 541-2469 E-Mail: king.melanie@epamail.epa.gov Agency Contact: Robert J Wayland Environmental Protection Agency Air and Radiation C439-01 Research Triangle Park , NC 27711 Phone: 919 541-1045 E-Mail: wayland.robertj@epamail.epa.govEnvironmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AP75

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Title: Implementation of the New Source Review Program for Particulate Matter Less Than 2.5 Micrometers--Repeal of Grandfathering Provision and End Early the PM10 Surrogate Policy Abstract: This final will (1) repeal the grandfathering provision for particulate matter less than 2.5 micrometers (PM2.5) contained in the federal Prevention of Significant Deterioration (PSD) regulations at 40 CFR 52.21, and (2) end the use of EPA’s PM10 Surrogate Policy as an interim means of satisfying the PM2.5 requirements in state PSD programs.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 51.166; 40 CFR 52.21 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 7410; 42 USC 7501 et seq; 42 USC 7601(a)(1) Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 02/11/2010 75 FR 6827 NPRM Comment Period End 03/29/2010
Final Action 04/00/2011

Additional Information: SAN No. 4752.4; EPA publication information: NPRM - http://www.regulations.gov/search/Regs/home.html#documentDetail?R=0900006480a91043; Split from RIN 2060-AN86. Split from RIN 2060-AK74; EPA Docket information: EPA-HQ-OAR-2003-0062.

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Local; State; Tribal Small Entities Affected: No Federalism: No Energy Affected: No RIN Information URL: www.epa.gov/nsr/ Agency Contact: Dan DeRoeck Environmental Protection Agency Air and Radiation C504-03 Research Triangle Park , NC 27711 Phone: 919 541-5593 FAX: 919 541-5509 E-Mail: deroeck.dan@epamail.epa.gov Agency Contact: Raj Rao Environmental Protection Agency Air and Radiation C504-03 Research Triangle Park , NC 27711 Phone: 919 541-5344 FAX: 919 541-5509 E-Mail: Rao.Raj@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AP77

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Title: Revision to Pb Ambient Air Monitoring Requirements Abstract: On November 12, 2008, the Environmental Protection Agency (EPA) revised the National Ambient Air Quality Standards (NAAQS) for lead (Pb) and associated monitoring requirements. The finalized monitoring requirements require State and local monitoring agencies to conduct Pb monitoring near Pb sources emitting 1.0 tons per year (tpy) or more and in large urban areas referred to as Core Based Statistical Areas (CBSA) with a population of 500,000 people or more. In January 2009, EPA received a petition from the Missouri Coalition for the Environment Foundation, Natural Resources Defense Council, the Coalition to End Childhood Poisoning, and Physicians for Social Responsibility requesting EPA reconsider the 1.0 tpy emission threshold. EPA granted the petition to reconsider on July 22, 2009. This action represents the results of the EPA’s reconsideration of the Pb monitoring requirements. A proposed revision was published on December 30, 2009, in which theEPA proposed to lower the emission threshold to 0.50 tpy, and to require Pb monitoring at the approximately 80 NCore sites instead of monitoring Pb in CBSA's with a population greater than 500,000. The EPA also requested comments on an emission threshold greater than 0.50 tpy, alternative approaches for monitoring Pb near airports, and on staggering the monitoring deployment over two years.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 58 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 7403, 7410, 7601(a), 7611, and 7619 Legal Deadline: None

Regulatory Plan: Statement of Need: This action is in response to a petition to reconsider that the Agency received and granted on the Pb monitoring requirements contained in the revision to the Pb NAAQS (73 FR 66964).

Legal Basis: Clean Air Act title I

Alternatives: To be determined.

Costs and Benefits: To be determined.

Risks: To be determined. Timetable:
Action Date FR Cite
NPRM 12/30/2009 74 FR 69050 NPRM Comment Period End 02/16/2010
Final Action 01/00/2011

Additional Information: EPA publication information: NPRM -http://www.regulations.gov/search/Regs/home.html#documentDetail?R=0900006480a74184; EPA Docket information: EPA-HQOAR-2006-0735

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Local; State Federalism: No Energy Affected: No RIN Information URL: http://www.epa.gov/air/lead Sectors Affected: 9241 Agency Contact: Kevin Cavender Environmental Protection Agency Air and Radiation C304-06 Research Triangle Park , NC 27711 Phone: 919 541-2364 FAX: 919 541-1903 E-Mail: Cavender.Kevin@epamail.epa.gov Agency Contact: Lewis Weinstock Environmental Protection Agency Air and Radiation C304-06 Research Triangle Park , NC 27711 Phone: 919 541-3661 FAX: 919 541-1903 E-Mail: Weinstock.Lewis@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AP80

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Title: Reconsideration of the Prevention of Significant Deterioration and Nonattainment New Source Review NSR: Aggregation Abstract: This action follows RIN 2060-AP49, in which EPA developed and issued a final rule that addressed when a sourcemust combine (i.e., “aggregate”) nominally-separate physical and operational changes for the purpose of determining whether they are a single change and subject to review under the New Source Review (NSR) program. Following promulgation of the NSR Aggregation final rule on 1/15/09, the Natural Resources Defense Council (NRDC) submitted a petition for reconsideration as provided for in Clean Air Act (CAA) section 307(d)(7)(B). In response to NRDC’s petition, EPA has both announced the convening of a reconsideration proceeding and administratively stayed the effective date of the rule indefinitely to allow time to conduct the reconsideration. Under this RIN, we will take comment on a range of legal and policy issues related to the Aggregation rule and complete any revisions of the rule that become necessary as a result of the reconsideration process.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 51.165; 40 CFR 51.166; 40 CFR 52.21 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 7401 et seq Legal Deadline:
Action Source Description Date

Other Statutory Final - Stay Extension Rule - Stay ends 5/18/10. 05/18/2010

Timetable:
Action Date FR Cite
NPRM 04/15/2010 75 FR 19567 Extension of Comment Period 05/14/2010 75 FR 27191 Final Action - Delay of Effective Date 05/18/2010 75 FR 27643 Final Action 07/00/2011

Additional Information: EPA publication information: NPRM - http://www.regulations.gov/search/Regs/home.html#documentDetail?R=0900006480ad8130; Split from RIN 2060-AP49. Split from RIN 2060-AL75; EPA Docket information: EPA-HQ-OAR-2003-0064

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Local; State; Tribal Small Entities Affected: No Federalism: No Energy Affected: No RIN Information URL: http://www.epa.gov/nsr/ Sectors Affected: 325181; 325188; 325998; 336399; 331311; 336111; 325414; 325182; 221121; 221122; 221112; 336312; 33612; 221111; 325413; 32512; 336112; 325411; 336992; 336213; 336211; 33634; 33633; 33635; 22121; 211112; 322122; 221113; 221119; 336322; 322121; 32411; 325412; 48621; 336212 Agency Contact: Dave Svendsgaard Environmental Protection Agency Air and Radiation C504-03 Research Triangle Park , NC 27711 Phone: 919 541-2380 FAX: 919 541-5509 E-Mail: Svendsgaard.Dave@epamail.epa.gov Agency Contact: Raj Rao Environmental Protection Agency Air and Radiation C504-03 Research Triangle Park , NC 27711 Phone: 919 541-5344 FAX: 919 541-5509 E-Mail: Rao.Raj@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AP88

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Title: Carbon Dioxide Injection and Geologic Sequestration Reporting Rule Abstract: This rule would require facilities that conduct geologic sequestration or that inject CO2 underground to report GHG data to EPA annually. This regulation would provide nationally consistent public information quantifying the amount of CO2 geologically sequestered in the United States. In combination with subpart PP of the GHG Reporting Program (suppliers ofCO2), this regulation would enable EPA to better understand the quantity of CO2 supplied to emissive and potentially nonemissive end-uses and to track the flow of CO2 across the CO2 capture and storage (CCS) system. Finally, this regulation would enable EPA and others to track growth and efficacy of geologic sequestration (and therefore CCS) as a mitigation technology over time and to evaluate relevant policy options. This rule would not require control of greenhouse gases, rather it would require only that sources injecting or sequestering CO2 monitor and report emissions. EPA has designed this rule so that facilities can comply with the reporting requirements without disrupting or delaying normal operations.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 72; 40 CFR 78; 40 CFR 98 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 7401 et seq Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 04/12/2010 75 FR 18576 Final Action 12/00/2010

Additional Information: EPA publication information: NPRM -http://www.regulations.gov/search/Regs/home.html#documentDetail?R=0900006480ad5a76; EPA Docket information: EPA-HQOAR-2009-0926

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal Small Entities Affected: No Federalism: No Energy Affected: No RIN Information URL: http://www.epa.gov/climatechange/emissions/co2_geosequest.html Sectors Affected: 211 Agency Contact: Barbora Master Environmental Protection Agency Air and Radiation 6207J Washington , DC 20460 Phone: 202 343-9899 FAX: 202 343-2202 E-Mail: Master.Barbora@epamail.epa.gov Agency Contact: Lisa Bacanskas Environmental Protection Agency Air and Radiation 6207J Washington , DC 20460 Phone: 202 343-9758 FAX: 202 343-2202 E-Mail: Bacanskas.Lisa@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AP90

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Title: NSPS/Emission Guidelines (EG) for Sewage Sludge Incinerators 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 Sewage Sludge Incineration units (SSI). Regulations for Other Solid Waste Incinerators (OSWI) were promulgated on December 15, 2005. However, at that time, EPA did not issue standards or guidelines for SSI units and several other incinerator categories. In 2007, the D.C. Circuit Court of Appeals issued a decision vacating EPA's definition of "solid waste incineration unit," holding that "any facility that combusts any commercial or industrial solid waste material at all" is a commercial or industrial solid waste incineration unit. Based on this decision, in this rulemaking, EPA is re-evaluating whether SSI units are in fact solid waste incineration units and whether, as such, they must be regulated under section 129.

Priority: Economically Significant Agenda Stage of Rulemaking: Final Rule Major: Yes Unfunded Mandates: State, Local, Or Tribal GovernmentsCFR Citation: 40 CFR 60.4760 to 60.4930 and 40 CFR 60.5000 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 5 USC 801 Legal Deadline:
Action Source Description Date

Other Judicial 12/16/2010

Timetable:
Action Date FR Cite
NPRM 10/14/2010 75 FR 63260 NPRM Technical Correction 11/08/2010 75 FR 68296 NPRM Comment Period End 11/15/2010
Final Action 01/00/2011

Additional Information: EPA Docket information: EPA-HQ-OAR-2009-0559

Regulatory Flexibility Analysis Required: No Government Levels Affected: Local Small Entities Affected: No Federalism: Yes Energy Affected: No Agency Contact: Amy Hambrick Environmental Protection Agency Air and Radiation E143-03 Research Triangle Park , NC 27711 Phone: 919 541-0964 FAX: 919 541-3470 E-Mail: Hambrick.Amy@epamail.epa.gov Agency Contact: Ketan Patel Environmental Protection Agency Air and Radiation E143-03 Research Triangle Park , NC 27711 Phone: 919 541-9736 FAX: 919 541-3470 E-Mail: patel.ketan@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AP98

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Title: Reconsideration of the 2008 Ozone Primary and Secondary National Ambient Air Quality Standards Abstract: On March 12, 2008, EPA announced the final decision on the ozone national ambient air quality standards (NAAQS). Soon after that decision was signed on March 27, 2008 (73 FR 16436), the Clean Air Scientific Advisory Committee (CASAC) held an unsolicited public meeting and criticized EPA for setting primary and secondary standards that were not consistent with advice provided by the CASAC during review of the NAAQS. On July 25, 2008, several environmental and industry petitioners, as well as a number of States, sued EPA on the NAAQS decision, and the Court set a briefing schedule for the consolidated cases on December 23, 2008. On March 10, 2009, EPA requested that the Court vacate the briefing schedule and hold the consolidated cases in abeyance for 180 days. This request for extension was made to allow time for appropriate EPA officials appointed by the new Administration to determine whether the standards established in March 2008 should be maintained, modified, or otherwise reconsidered. Announcement of reconsideration of the March 2008 NAAQS decision occurred on September 16, 2009. The NAAQS proposal (including a proposal to stay implementation designations for the March 2008 NAAQS) was signed on January 6, 2010, with the final rule to be signed on or around October 2010. Reconsideration of the NAAQS will be limited to information and supporting documentation available to EPA and in the docket at the time of the March 2008 decision.

Priority: Economically Significant Agenda Stage of Rulemaking: Final Rule Major: Yes Unfunded Mandates: No CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 7409 Legal Deadline: NoneRegulatory Plan: Statement of Need: As established in the Clean Air Act, the national ambient air quality standards for ozone are to be reviewed every 5 years. As outlined in the abstract of this regulatory plan entry, this reconsideration is in response to actions by the courts regarding the last review in 2008.

Legal Basis: Section 109 of the Clean Air Act (42 U.S.C. 7409) directs the Administrator to propose and promulgate "primary" and "secondary" national ambient air quality standards for pollutants identified under section 108 (the "criteria" pollutants). The "primary" standards are established for the protection of public health, while "secondary" standards are to protect against public welfare.

Alternatives: The main alternatives for the Administrator's decision are whether to set different primary and secondary ozone standards than those set in 2008.

Costs and Benefits: A supplement to the RIA was prepared that presents the costs and benefits associated with the proposed revised ozone standards. This RIA was made available when the Notice of Proposed Rulemaking was published.

Risks: The current national ambient air quality standards for ozone are intended to protect against public health risks associated with morbidity and/or premature mortality and public welfare risks associated with adverse vegetation and ecosystem effects. During the course of this review, risk assessments will be conducted to evaluate health and welfare risks associated with retention or revision of the ozone standards. Timetable:
Action Date FR Cite
NPRM 01/19/2010 75 FR 2938 NPRM Comment Period End 03/22/2010
Final Action 12/00/2010

Additional Information: EPA publication information: NPRM - http://www.regulations.gov/search/Regs/home.html#documentDetail?R=0900006480a7f618; Related to RIN 2060-AN24; EPA Docket information: EPA-HQ-OAR-2005-0172

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Local; State; Tribal Small Entities Affected: No Federalism: No Energy Affected: No RIN Information URL: http://www.epa.gov/air/criteria.html Related RINs: Related to 2060-AN24 Agency Contact: Susan Stone Environmental Protection Agency Air and Radiation C504-06 Research Triangle Park , NC 27711 Phone: 919 541-1146 FAX: 919 541-0237 E-Mail: stone.susan@epa.gov Agency Contact: Karen Martin Environmental Protection Agency Air and Radiation C504-06 Research Triangle Park , NC 27711 Phone: 919 541-5274 FAX: 919 541-0237 E-Mail: Martin.Karen@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AP99

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Title: Petroleum and Natural Gas Systems Greenhouse Gas Reporting Rule Abstract: This regulation would require reporting of greenhouse gas emissions from the petroleum and natural gas industry. This rule applies to industry segments of the petroleum and natural gas industry which have significant vented and equipment leak emissions of carbon dioxide and methane e.g., natural gas transmission compression, distribution, etc. The rule would not require control of greenhouse gases, rather it would require only that sources above certain threshold levels monitor and reportemissions. This sector was originally proposed in the Mandatory Greenhouse Gas Reporting Rule. Subpart W was re-proposed in April 2010 due to public comment. It is now being finalized.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 98 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 7401 et seq Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 04/12/2010 75 FR 18608 Final Action 12/00/2010

Additional Information: EPA publication information: NPRM -http://www.regulations.gov/search/Regs/home.html#documentDetail?R=0900006480ad5aa6; EPA Docket information: EPA-HQOAR-2009-0923

Regulatory Flexibility Analysis Required: No Government Levels Affected: Tribal Small Entities Affected: No Federalism: No Energy Affected: No RIN Information URL: http://www.epa.gov/climatechange/emissions/ghgrulemaking.html Related RINs: Related to 2060-AO79 Agency Contact: Akachi Imegwu Environmental Protection Agency Air and Radiation 6207J Washington , DC 20460 Phone: 202 343-9709 E-Mail: imegwu.akachi@epa.gov Agency Contact: Roger Fernandez Environmental Protection Agency Air and Radiation 6207J Washington , DC 20460 Phone: 202 343-9386 FAX: 202 565-2079 E-Mail: Fernandez.Roger@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AQ00

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Title: Greenhouse Gas Reporting Rule for Additional Sources of Fluorinated GHGs Abstract: In this action, EPA is finalizing reporting requirements for five source categories: (1) Electronics Manufacturing, (2) Fluorinated Gas Production, (3) Use of Electrical Transmission and Distribution Equipment, (4) Manufacture or Refurbishment of Electrical Equipment, and (5) Importers of Pre-charged Equipment and Closed-Cell Foams. The purpose of this rule is to collect accurate and comprehensive emissions data to inform future climate change policies. In a notice of proposed rulemaking published in the Federal Register on April 10, 2009, as required by the FY2008 Consolidated Appropriations Act, EPA proposed reporting requirements for a number of different source categories including Electronics Manufacturing, Use of Electrical Transmission and Distribution Equipment, and Fluorinated Gas Production. Due to the complexity of comments received, EPA did not finalize requirements for Electronics Manufacturing, Use of Electrical Transmission and Distribution Equipment, and Fluorinated Gas Production, and re-proposed reporting requirements for those three source categories in an April 2010 notice of proposed rulemaking (75 FR 18652). In addition, in that April 2010 proposed rule, EPA also proposed reporting requirements for Manufacture or Refurbishment of Electrical Equipment and for Importers of Pre-Charged Equipment and Closed-Cell Foam. In this final action, EPA is finalizing the reporting requirements for all five source categories.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 98 (To search for a specific CFR, visit the Code of Federal Regulations )Legal Authority: 42 USC 7401 et seq Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 04/12/2010 75 FR 18652 NODA 05/13/2010 75 FR 26904 Final Action 12/00/2010

Additional Information: EPA publication information: NPRM -http://www.regulations.gov/search/Regs/home.html#documentDetail?R=0900006480ad5a87; EPA Docket information: EPA-HQOAR-2009-0927

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal Small Entities Affected: No Federalism: No Energy Affected: No RIN Information URL: http://www.epa.gov/climatechange/emissions/ghgrulemaking.html Related RINs: Related to 2060-AO79 Agency Contact: Deborah Ottinger Environmental Protection Agency Air and Radiation 6202J Washington , DC 20460 Phone: 202 343-9149 E-Mail: Ottinger.Deborah@epamail.epa.gov Agency Contact: Kirsten Cappel Environmental Protection Agency Air and Radiation 6207J Washington , DC 20460 Phone: 202 343-9556 E-Mail: Cappel.Kirsten@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AQ02

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Title: Corporate Parent and NAICS Code in the Greenhouse Gas Mandatory Reporting Rule Requirements Abstract: EPA recently finalized the Greenhouse Gas (GHG) Mandatory Reporting Rule (signed September 22, 2009). This rule requires facilities with direct GHG emissions over 25,000 metric tons of carbon dioxide equivalent (CO2e), suppliers of petroleum, natural gas, and industrial gases as well as vehicle and engine manufacturers outside the light duty sector to report to EPA annually. The data collection started on January 1, 2010, and the first reports to EPA are due on March 31, 2011. As part of that first report, EPA would require through this rulemaking that reporters also include (1) the legal name, physical address, and percent ownership for all parent companies linked to the reporting facility; (2) their primary and all other applicable North American Industry Classification System (NAICS) code(s); and (3) an indication of whether or not any of their reported emissions are from a cogeneration unit. In developing the final September 2009 rule, EPA received comments that this type of information would be useful to the public and EPA. Therefore, this rule would require these three data elements in the annual GHG emissions reports.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 98 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 7401 et seq Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 04/12/2010 75 FR 18455 Final Action 12/00/2010Additional Information: EPA publication information: NPRM -http://www.regulations.gov/search/Regs/home.html#documentDetail?R=0900006480ad5ada; EPA Docket information: EPA-HQOAR-2009-0925

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: Business Federalism: No Energy Affected: No RIN Information URL: http://www.epa.gov/climatechange/emissions/ghgrulemaking.html Related RINs: Related to 2060-AO79 Agency Contact: Cate Hight Environmental Protection Agency Air and Radiation 6207J Washington , DC 20460 Phone: 202 343-9230 E-Mail: Hight.Cate@epamail.epa.gov Agency Contact: Lisa Comer Environmental Protection Agency Air and Radiation 1807T Washington , DC 20460 Phone: 202 566-2206 E-Mail: Comer.Lisa@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AQ06

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Title: Amendments to the Protocol Gas Verification Program, and Minimum Competency Requirements for Air Emission Testing Abstract: This rule amends two provisions in 40 CFR part 75 (emission monitoring for cap and trade programs): (1) a Protocol Gas Verification Program (PGVP) to better ensure the accuracy of calibration gases used by affected sources and regulatory agencies; and (2) minimum competency requirements for Air Emission Testing Bodies (AETB) also known as stack test companies, when performing stack testing under 40 CFR part 75. These two provisions were originally published in the FR as a final rule on January 24, 2008, but EPA was sued on both provisions. The amendments are described below. The old PGVP provision was alleged to have violated the Miscellaneous Receipts Act by improperly augmenting EPA's appropriation in arranging for payment of a formerly Agency funded audit program with private funds and a key document was not in the docket. The amended PGVP provision remedies these averred deficiencies by providing for payment to the National Institute of Standards and Technology which has statutory authority to receive such funds, and by ensuring that all relevant material will be placed in the docket. The old AETB provision allegedly placed enforceable competency requirements on affected sources which did not have total control in implementing those requirements and which further allegedly provided insufficient time for power plants with in-house stack test teams to comply. The amended AETB provision relies on certain documentation provided at the time of stack testing as sufficient proof of validity of test data that otherwise meets the requirements of part 75, and extends the compliance deadline.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 72.2 (Revision); 40 CFR 75.4 (Revision); 40 CFR 75.6 (Revision); 40 CFR 75.21 (Revision); 40 CFR 75.22 (Revision); 40 CFR 75.47 (Revision); 40 CFR 75.53 (Revision); 40 CFR 75.57 (Revision); 40 CFR 75.58 (Revision); 40 CFR 75.59 (Revision); 40 CFR 75.62 (Revision); 40 CFR 75.63 (Revision); 40 CFR 75.64 (Revision); 40 CFR 75 app A (Revision); 40 CFR 75 app B (Revision); 40 CFR 75 app E (Revision) (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 7601 and 7651, et seq Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 06/11/2010 75 FR 33392 Final Action 12/00/2010

Additional Information: EPA publication information: NPRM -http://www.regulations.gov/search/Regs/home.html#documentDetail?R=0900006480b00200; EPA Docket information: EPA-HQOAR-2009-0837

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No RIN Information URL: http://www.epa.gov/airmarkets/emissions/pgvp.html Sectors Affected: 221112 Agency Contact: John Schakenbach Environmental Protection Agency Air and Radiation 6204J Washington, D.C. , DC 20460 Phone: 202 343-9158 E-Mail: Schakenbach.John@epamail.epa.gov Agency Contact: Ragan Tate Environmental Protection Agency Air and Radiation 2344A Washington, D.C. , DC 20460 Phone: 202 564-7382 E-Mail: Tate.Ragan@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AQ08

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Title: Action to Ensure Authority to Issue Permits Under the Prevention of Significant Deterioration Program to Sources of Greenhouse Gas Emissions: Finding of Substantial Inadequacy and SIP Call Abstract: EPA is finalizing actions that may authorize state, local, or tribal air permitting authorities (collectively "states") or the EPA to issue permits under the CAA New Source Review PSD program for sources of GHGs as early as January 2, 2011, which is when some of those sources will be required to obtain PSD permits in order to undertake construction or modification projects. These actions apply to states whose SIP PSD programs fail to apply to GHG sources. For each of these states, EPA, acting pursuant to the authority of the CAA provisions governing requirements for SIPs, proposed to issue a finding that the state's PSD SIP is substantially inadequate to comply with the CAA PSD requirements, and EPA is also finalizing to require the state (through a "SIP call") to revise its SIP as necessary to correct such inadequacies. Such a SIP revision, when approved by EPA, would authorize the state to issue PSD permits to GHG sources. In a companion notice, EPA proposes a federal implementation plan ("FIP"), which EPA would finalize if a state fails to make the required SIP submission and which would authorize EPA to issue the PSD permits to the GHG sources.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: Not Yet Determined Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 09/02/2010 75 FR 53892 Final Action 12/00/2010

Additional Information: EPA publication information: NPRM -http://www.regulations.gov/search/Regs/home.html#documentDetail?R=0900006480b42faf; EPA Docket information: EPA-HQOAR-2010-0107

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Local; State Small Entities Affected: No Federalism: No Energy Affected: No RIN Information URL: http://www.epa.gov/nsr/ Agency Contact: Lisa Sutton Environmental Protection AgencyAir and Radiation C504-03 Research Triangle Park , NC 27711 Phone: 919 541-3450 FAX: 919 541-5509 E-Mail: Sutton.Lisa@epamail.epa.gov Agency Contact: Raj Rao Environmental Protection Agency Air and Radiation C504-03 Research Triangle Park , NC 27711 Phone: 919 541-5344 FAX: 919 541-5509 E-Mail: Rao.Raj@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AQ09

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Title: Revisions to Motor Vehicle Fuel Economy Label Abstract: EPA is responsible for developing the fuel economy labels that are posted on window stickers of all new light duty cars and trucks sold in the U.S. and, beginning with the 2011 model year, on all new medium-duty passenger vehicles (a category that includes large sport-utility vehicles and passenger vans). In 2006, EPA updated how the city and highway fuel economy values are calculated, to better reflect typical real-world driving patterns and provide more realistic fuel economy estimates. Since then, increasing market penetration of advanced technology vehicles, in particular plug-in hybrid electric vehicles and electric vehicles, will require new metrics to effectively convey information to consumers. This action will amend the way in which fuel economy estimates are calculated and/or displayed. The changes in this action will not impact the Corporate Average Fuel Economy requirements.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: Undetermined CFR Citation: 40 CFR 85, 86, 600; 49 CFR 575 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: Clean Air Act Legal Deadline: None

Regulatory Plan: Statement of Need: The Environmental Protection Agency (EPA) and the National Highway Traffic Safety Administration (NHTSA) have recently jointly proposed to redesign and add information to the current fuel economy label that is posted on the window sticker of all new cars and light-duty trucks sold in the U.S. The redesigned label will provide new information to American consumers about the fuel economy and consumption, fuel costs, and environmental impacts associated with purchasing new vehicles beginning with model year 2012 cars and trucks. This action will also develop new labels for certain advanced technology vehicles, which are poised to enter the U.S. market, in particular plug-in hybrid electric vehicles and electric vehicles. NHTSA and EPA are proposing these changes because the Energy Independence and Security Act (EISA) of 2007 imposes several new labeling requirements, because the labels for conventional vehicles can be improved to help consumers make more informed vehicle purchase decisions, and because the time is right to develop new labels for advanced technology vehicles that are being commercialized.

Legal Basis: Both EPA and NHTSA have authority over labeling requirements related to fuel economy and environmental information under the Energy Policy and Conservation Act (EPCA) and the Energy Independence and Security Act (EISA), respectively. In order to implement that authority in the most coordinated and efficient way, the agencies have jointly proposed to revise the Fuel Economy label.

Alternatives: The rulemaking proposal includes an alternative label that is being considered in addition to the Agency’s primary proposal.

Costs and Benefits: The primary costs associated with this proposed rule come from revisions to the fuel economy label and codifying testing requirements for EVs and PHEVs. This rule is not economically significant under E.O. 12866 or any DOT or EPA policies and procedures because it does not exceed $100 million or meet other related standards. The primary benefits associated with this proposed rule come from any improvements in consumer decisionmaking that may lead to reduced vehicle and fuel costs for them. There may be additional effects on criteria pollutants and greenhouse gas emissions. At this time, EPA and NHTSA do not believe it is feasible to fully develop a complete benefits analysis of the potential benefits.Risks: The failure to finalize updated conventional vehicle fuel economy labels and to create new labels for EVs and PHEVs will result in labels that are unhelpful and potentially misleading for consumers as they seek to select more energy efficient and environmentally friendly vehicles that meet their needs. Timetable:
Action Date FR Cite Notice--Public Meeting 09/28/2010 75 FR 59673
NPRM 09/23/2010 75 FR 58078 NPRM Comment Period End 11/22/2010
Final Action 02/00/2011

Additional Information: EPA Docket information: EPA-HQ-OAR-2009-0865

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No RIN Information URL: http://www.epa.gov/fueleconomy/regulations.htm Agency Contact: Lucie Audette Environmental Protection Agency Air and Radiation NVFEL Ann Arbor , MI 48105 Phone: 734 214-4850 E-Mail: Audette.Lucie@epamail.epa.gov Agency Contact: Chelsea May Environmental Protection Agency Air and Radiation NVFEL Ann Arbor , MI 48105 Phone: 734 214-4226 E-Mail: May.Chelsea@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AQ16

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Title: 2011 Renewable Fuel Volume Standards as Required by Energy Independence and Security Act of 2007 (EISA) Abstract: In response to EISA, EPA finalized the RFS2 program regulations. However, under EISA, EPA is required to promulgate regulations that specify the annual statutory volume requirements for renewable fuels, including cellulosic biofuel, biomass-based diesel, advanced biofuel, and total renewable fuel that must be used in transportation fuel in each year. In the case of the cellulosic biofuel standard, EISA specifically requires that the standard be set based on the volume projected to be available during the following year. If the volumes are lower than those specified under EISA, then EPA may also lower the advanced biofuel and total renewable fuel standards each year accordingly. This regulatory action, establishes these annual statutory volume requirements for cellulosic, biomass-based diesel, advanced biofuel, and renewable fuels that apply to all gasoline and diesel produced or imported in year 2011. This regulation, thus, sets the final standards for renewable fuels required in year 2011. Entities potentially affected by this final rule are those involved with the production, distribution, and sale of transportation fuels, including gasoline and diesel fuel or renewable fuels such as ethanol and biodiesel.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 7545 Legal Deadline: None

Timetable:
Action Date FR Cite NPRM Comment Period Extended 07/20/2010 75 FR 42238 Final Action 12/00/2010

Additional Information: EPA publication information: NPRM - http://www.regulations.gov/search/Regs/home.html#documentDetail?R=0900006480b1cff3Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: David Korotney Environmental Protection Agency Air and Radiation C99 Ann Arbor , MI 48105 Phone: 734 214-4507 FAX: 734 14-4018 E-Mail: Korotney.David@epamail.epa.gov Agency Contact: Russ Smith Environmental Protection Agency Air and Radiation 6406J Washington , DC 20460 Phone: 202 343-9996 FAX: 202 343-2800 E-Mail: smith.russ@epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AQ24

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Title: Standards of Performance for New Stationary Sources and Emissions Guidelines for Existing Sources: Hospital/Medical/Infectious Waste Incinerators; Amendments Abstract: On October 6, 2009, EPA promulgated its response to the remand of the new source performance standards and emissions guidelines for hospital/medical/infectious waste incinerators by the U.S. Court of Appeals for the District of Columbia Circuit and satisfied the Clean Air Act section 129(a)(5) requirement to conduct a review of the standards every five years. This action proposes to amend the new source performance standards emissions limits for nitrogen oxides (NOX) and sulfur dioxide (SO2) promulgated for large hospital/medical/infectious waste incinerators in order to correct inadvertent drafting errors we made setting forth those limits, which did not correspond to our description of our standard-setting process.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: Not Yet Determined Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 05/14/2010 75 FR 27249 Final Action 12/00/2010

Additional Information: EPA publication information: NPRM - http://www.regulations.gov/search/Regs/home.html#documentDetail?R=0900006480aed9ef

Regulatory Flexibility Analysis Required: No Government Levels Affected: State Small Entities Affected: No Federalism: No Energy Affected: Undetermined Agency Contact: Ketan Patel Environmental Protection Agency Air and Radiation E143-03 Research Triangle Park , NC 27711 Phone: 919 541-9736 FAX: 919 541-3470 E-Mail: patel.ketan@epamail.epa.gov Agency Contact: Amy Hambrick Environmental Protection Agency Air and Radiation E143-03 Research Triangle Park , NC 27711Phone: 919 541-0964 FAX: 919 541-3470 E-Mail: Hambrick.Amy@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AQ25

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Title: National Emission Standards for Hazardous Air Pollutants for Major Sources: Industrial, Commercial, and Institutional Boilers and Process Heaters Abstract: Section 112 of the Clean Air Act (CAA) outlines the statutory requirements for EPA's stationary source air toxics program. Section 112 mandates that EPA develop standards for hazardous air pollutants (HAP) for both major and area sources listed under section 112(c). This regulatory action will finalize emission standards for boilers and process heaters located at major sources. Section 112(d)(2) requires that emission standards for major sources be based on the maximum achievable control technology (MACT). Industrial boilers and institutional/commercial boilers are on the list of section 112(c)(6) source categories. In this rulemaking, EPA will finalize standards for these source categories.

Priority: Economically Significant Agenda Stage of Rulemaking: Final Rule
Major: Yes Unfunded Mandates: State, Local, Or Tribal Governments; Private Sector CFR Citation: 40 CFR 63 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: Clean Air Act sec 112 Legal Deadline:
Action Source Description Date

NPRM Judicial 60-day extension granted on June 30, 2009. An additional 2 weeks was subsequently granted. Signature date: April 29, 2010. 04/29/2010

Other Judicial 30-day extension granted from December 16, 2011. 01/16/2011

Regulatory Plan: Statement of Need: As a result of the vacatur of the Industrial Boiler MACT, the Agency will develop another rulemaking under CAA section 112 which will reduce hazardous air pollutant (HAP) emissions from this source category. Recent court decisions on other CAA section 112 rules will be considered in developing this regulation.

Legal Basis: Clean Air Act, section 112.

Alternatives: Not yet determined.

Costs and Benefits: EPA estimates the total national capital cost for the final rule to be approximately $9.5 billion in the year 2013, with a total national annual cost of $2.9 billion in the year 2013. The annual cost, which considers fuel savings, includes control device operation and maintenance as well as monitoring, recordkeeping, reporting, and performance testing. EPA estimates that implementation of the rulemaking, as proposed, would reduce nationwide emissions from major source boilers and process heaters by: 15,000 pounds per year of mercury, 3,200 tpy of non-mercury metals, 37,000 tpy of HCl, 50,000 tpy of PM, 340,000 tpy of SO2, 722 grams per year of dioxin and 1,800 tpy of volatile organic compounds. These emissions reductions would lead to the following annual health benefits. In 2013, this rule will protect public health by avoiding 1,900 to 4,800 premature deaths, 1,300 cases of chronic bronchitis, 3,000 nonfatal heart attacks, 3,200 hospital and emergency room visits, 3,000 cases of acute bronchitis, 250,000 days when people miss work, 33,000 cases of aggravated asthma, and 1,500,000 acute respiratory symptoms. The monetized value of the benefits ranges from $17 billion to $41 billion in 2013-- outweighing the costs by at least $14 billion.

Risks: Not yet determined. Timetable:
Action Date FR Cite NPRM Extension of Comment Period 06/09/2010 75 FR 32682
NPRM 06/04/2010 75 FR 32006 NPRM Comment Period End 07/19/2010 NPRM Comment Period Extended To 08/03/2010
Final Action 06/00/2011

Additional Information: EPA publication information: NPRM - http://www.regulations.gov/search/Regs/home.html#documentDetail?R=0900006480afbb49; Split from RIN 2060-AM44. Thisrulemaking combines the area source rulemaking for boilers and the rulemaking for re-establishing the vacated NESHAP for boilers and process heaters.; EPA Docket information: EPA-HQ-OAR-2002-0058

Regulatory Flexibility Analysis Required: Business; Governmental Jurisdictions; Organizations Government Levels Affected: Federal; Local; State; Tribal Federalism: Yes Energy Affected: No Sectors Affected: 325; 611; 322; 221; 321 Related RINs: Related to 2060-AM44 Agency Contact: Brian Shrager Environmental Protection Agency Air and Radiation C439-01 Research Triangle Park , NC 27711 Phone: 919 541-7689 E-Mail: shrager.brian@epa.gov Agency Contact: Robert J Wayland Environmental Protection Agency Air and Radiation C439-01 Research Triangle Park , NC 27711 Phone: 919 541-1045 E-Mail: wayland.robertj@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AQ30

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Title: Remaining Air Quality Designations for the 2006 24-Hour Fine Particle National Ambient Air Quality Standards Abstract: On November 13, 2009, EPA designated 31 areas across the country as nonattainment for the 24-hour PM2.5 NAAQS. These air quality designations were based on 2005-2007 data and analyses, with EPA taking into consideration 2006- 2008 air quality monitoring data. EPA’s evaluation of 2006-2008 air quality monitoring data indicated that monitors in three areas which had not violated the 2006 24-hour PM2.5 NAAQS based on 2005-2007 data were now violating the standards based on 2006-2008 data. These monitors are located in Pinal County, AZ (2006-2008 24-hour design value of 48); Plumas County, CA (2006-2008 24-hour design value of 49); and, Shasta County, CA (2006-2008 24-hour design value of 48). For the three newly violating areas, EPA did not finalize initial designations. Because these areas are newly violating the 2006 24-hour PM2.5 NAAQS, EPA and the states and tribes in these areas needed further information in order to determine the appropriate nonattainment area boundaries for these areas, in accordance with the process that EPA has used for other nonattainment area designations, per section 107(d). In this final action, EPA will complete air quality designations for these three areas, and by doing so, for the 2006 24-hour PM2.5 NAAQS.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 81 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: sec 107(d) of the CAA Legal Deadline: None

Timetable:
Action Date FR Cite Final Action 12/00/2010

Additional Information: Split from RIN 2060-AP27. Regional Offices play a significant role in the designations process; EPA Docket information: EPA-HQ-OAR-2007-0562

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Elizabeth Palma Environmental Protection Agency Air and Radiation C539-01 Washington , DC 20460Phone: 919 541-5432 FAX: 919 541-3470 E-Mail: palma.elizabeth@epamail.epa.gov Agency Contact: Carla Oldham Environmental Protection Agency Air and Radiation C539-04 Research Triangle Park , NC 27711 Phone: 919 541-3347 FAX: 919 541-0824 E-Mail: oldham.carla@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AQ31

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Title: Regulation of Fuels and Fuel Additives: Modifications to Renewable Fuel Standard Program Abstract: In the Energy Independence and Security Act of 2007 (EISA 2007), Congress amended the Clean Air Act (CAA) to change requirements for the existing Renewable Fuel Standard program. The final regulations promulgating changes to the Renewable Fuel Standard program ("RFS2 regulations") were published in the Federal Register on March 26, 2010 (75 FR 14670). Since publication, EPA has discovered a number of technical errors and areas within the final RFS2 regulations that could benefit from clarification. Many of the amendments address grammatical or typographical errors, or provide clarifications to the regulatory language. A few amendments are being made in order to correct regulatory language that inadvertently misrepresented our intent as reflected in the preamble to the final RFS2 regulations. Examples of amendments included in this rule are a clarification that the independent engineering reviews can be conducted by a licensed professional engineer, rather than the more limited “Professional Chemical Engineer” and a clarification that the renewable biomass aggregate compliance approach applies to feedstocks from existing U.S. agricultural land, rather than to U.S. producers of renewable fuel. The final RFS2 regulations will become effective July 1, 2010. This technical amendments package is important in order to correct technical errors and address areas in the regulations that need clarification simultaneous with the effective date of the final regulations.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 80 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: Clean Air Act sec 211(o) Legal Deadline:
Action Source Description Date

Other Statutory Signature required for RFS2 technical amendments to be effective July 1, 2010 (effective date of final RFS2 regulations). 04/30/2010

Timetable:
Action Date FR Cite Direct Final Action 05/10/2010 75 FR 26026
NPRM 05/10/2010 75 FR 26049 NPRM Comment Period End 06/09/2010 Partial Withdrawal of DFRM 06/30/2010 75 FR 37733 Final Action 12/00/2010

Additional Information: EPA publication information: NPRM -http://www.regulations.gov/search/Regs/home.html#documentDetail?R=0900006480aea2df; EPA Docket information: EPA-HQOAR-2005-0161

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Megan Brachtl Environmental Protection Agency Air and Radiation 1200 Pennsylvania Ave Washington , DC 20460 Phone: 202 343-9473 E-Mail: brachtl.megan@epamail.epa.govEnvironmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AQ33

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Title: Revision of Certain Provisions of the Mandatory Reporting of Greenhouse Gases Rule Abstract: EPA has conducted and will continue to conduct extensive outreach with stakeholders affected by and interested in the Greenhouse Gas Reporting Program. In response to questions received during these stakeholder meetings, EPA is proposing amendments to make clarifying and technical changes to eleven subparts of the final rule that were either not clear, or did not have the intended effect. In addition, some of the proposed changes are being made as part of settlement agreements regarding challenges to the October rule filed by several organizations. This action would not fundamentally change the structure of the program. This proposal is complementary to the proposed rulemaking: Technical Corrections, Clarifying and Other Amendments, published on June 15, 2010. Together, these two proposed rulemakings address the most significant questions raised during implementation.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 98 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 7401 et seq Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 08/11/2010 75 FR 48743 Final Action 12/00/2010

Additional Information: EPA publication information: NPRM - http://www.regulations.gov/search/Regs/home.html#home; EPA Docket information: EPA-HQ-OAR-2008-0508

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No RIN Information URL: http://www.epa.gov/climatechange/emissions/ghgrulemaking.html Agency Contact: Sean Hogan Environmental Protection Agency Air and Radiation AIR7 Washington , DC 20460 Phone: 202 343-9233 FAX: 415 947-3579 E-Mail: hogan.sean@epamail.epa.gov Agency Contact: Lisa Hanle Environmental Protection Agency Air and Radiation 1200 Pennsylvania Ave, NW Washington , DC 20460 Phone: 202 343-9434 E-Mail: hanle.lisa@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AQ34

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Title: Technical Corrections, Clarifying and Other Amendments to Certain Provisions of the Mandatory Greenhouse Gas Reporting Rule Abstract: EPA has conducted and will continue to conduct extensive outreach with stakeholders affected by and interested in the Greenhouse Gas Reporting Program. In response to questions received during these stakeholder meetings, EPA is proposing amendments to make clarifying and technical changes to nineteen subparts of the final rule that were either not clear,or did not have the intended effect, including correcting the location of monitoring equipment or emissions factors. This action would make relatively minor changes that ease implementation. It would not fundamentally change the structure of the program or its requirements. This proposal is complementary to the proposed rulemaking: Revision of Certain Provisions of the Mandatory Reporting of Greenhouse Gases Rule, signed July 20, 2010. Together, these two proposed rulemakings address the most significant questions raised during implementation.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 98 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 7401 et seq Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 06/15/2010 75 FR 33950 Final Action 12/00/2010

Additional Information: EPA publication information: NPRM -http://www.regulations.gov/search/Regs/home.html#documentDetail?R=0900006480b01c4e; EPA Docket information: EPA-HQOAR-2010-0109

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No RIN Information URL: http://www.epa.gov/climatechange/emissions/ghgrulemaking.html Agency Contact: Sean Hogan Environmental Protection Agency Air and Radiation AIR7 Washington , DC 20460 Phone: 202 343-9233 FAX: 415 947-3579 E-Mail: hogan.sean@epamail.epa.gov Agency Contact: Lisa Hanle Environmental Protection Agency Air and Radiation 1200 Pennsylvania Ave, NW Washington , DC 20460 Phone: 202 343-9434 E-Mail: hanle.lisa@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AQ36

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Title: Supplemental Determinations for Renewable Fuels Produced Under the Final RFS2 Program From Palm Oil Abstract: As indicated in the final rule for the Renewable Fuels Standard Program, while the Agency issued lifecycle greenhouse gas (GHG) threshold determinations for the major fuel pathways projected to meet the bulk of the RFS volume mandates, assessments of other new fuel pathways such biofuels produced from palm oil, could not be completed in time for the final rule. In the process of assessing these fuels, the Agency is issuing determinations through several supplemental notices to the final rule. For this supplemental notice, EPA plans to publish a final determination for ethanol produced and biomass-based diesel produced from palm oil. The Agency will issue a Direct Final Notice of Supplemental Determination in early November.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 86, 40 CFR 80 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: Clean Air Act sec 211(o) Legal Deadline: NoneTimetable:
Action Date FR Cite Direct Final Action 02/00/2011

Additional Information: Split from RIN 2060-AO81; EPA Docket information: EPA–HQ– OAR–2005–0161

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No Federalism: No Energy Affected: No International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest. RIN Information URL: http://www.epa.gov/otaq/fuels/renewablefuels/index.htm Agency Contact: Paul Argyropoulos Environmental Protection Agency Air and Radiation 6520J ARN Washington , DC 20460 Phone: 202 564-1123 FAX: 202 564-1686 E-Mail: Argyropoulos.Paul@epa.gov Agency Contact: David Korotney Environmental Protection Agency Air and Radiation C99 Ann Arbor , MI 48105 Phone: 734 214-4507 FAX: 734 14-4018 E-Mail: Korotney.David@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AQ45

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Title: Action to Ensure Authority to Issue Permits Under the "Prevention of Significant Deterioration Program to Sources of Greenhouse Gas Emissions" Federal Implementation Plan Abstract: EPA is finalizing a federal implementation plan (FIP) to apply in any state that is unable to submit, by its specified deadline, a corrective state implementation plan (SIP) revision to ensure that the state has authority to issue permits under the Clean Air Act's New Source Review Prevention of Significant Deterioration ("PSD") program for sources of greenhouse gases ("GHGs"). This final action is a companion rulemaking to RIN 2060-AQ08, "Action to Ensure Authority to Issue Permits Under the Prevention of Significant Deterioration Program to Sources of Greenhouse Gas Emissions: Finding of Substantial Inadequacy and SIP Call," which is being signed and published on the same schedule; EPA finalizing a finding of substantialinadequacy and is issuing a SIP call for a number of states on grounds that their SIPs do not apply the PSD program to GHGemitting sources.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: Not Yet Determined Legal Deadline: None

Timetable:
Action Date FR Cite NPRM Comment Period Extended 09/02/2010 75 FR 53883 Final Action 12/00/2011

Additional Information: Split from RIN 2060-AQ08; EPA Docket information: EPA-HQ-OAR-2010-0107

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Local; State Small Entities Affected: No Federalism: No Energy Affected: NoRIN Information URL: http://www.epa.gov/nsr/ Related RINs: Related to 2060-AQ08 Agency Contact: Lisa Sutton Environmental Protection Agency Air and Radiation C504-03 Research Triangle Park , NC 27711 Phone: 919 541-3450 FAX: 919 541-5509 E-Mail: Sutton.Lisa@epamail.epa.gov Agency Contact: Raj Rao Environmental Protection Agency Air and Radiation C504-03 Research Triangle Park , NC 27711 Phone: 919 541-5344 FAX: 919 541-5509 E-Mail: Rao.Raj@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AQ49

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Title: Supplemental Determination for Renewable Fuels Produced Under the Final RFS2 Program From Pulpwood Abstract: As indicated in the final rule for the Renewable Fuels Standard Program, while the Agency issued lifecycle greenhouse gas (GHG) threshold determinations for the major fuel pathways projected to meet the bulk of the RFS volume mandates, assessments of other new fuel pathways such as renewable fuels from pulpwood could not be completed in time for the final rule. In the process of assessing these fuels, the Agency is issuing determinations through several supplemental notices to the final rule. For this supplemental notice, EPA plans to publish a final determination for cellulosic biofuels produced from pulpwood. The Agency will issue a Direct Final Notice of Supplemental Determination in February.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 86, 40 CFR 80 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: Clean Air Act Section 211(o) Legal Deadline: None

Timetable:
Action Date FR Cite Direct Final Action 02/00/2011

Additional Information: Split from RIN 2060-AQ36. Split from RIN 2060-AO81; EPA Docket information: EPA–HQ– OAR– 2005–0161

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No Federalism: No Energy Affected: Yes International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest. RIN Information URL: http://www.epa.gov/otaq/fuels/renewablefuels/index.htm Agency Contact: Paul Argyropoulos Environmental Protection Agency Air and Radiation 6520J ARN Washington , DC 20460 Phone: 202 564-1123 FAX: 202 564-1686 E-Mail: Argyropoulos.Paul@epa.gov Agency Contact: David Korotney Environmental Protection Agency Air and Radiation C99Ann Arbor , MI 48105 Phone: 734 214-4507 FAX: 734 14-4018 E-Mail: Korotney.David@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AQ51

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Title: Performance Specification 4C—Specifications and Test Procedures for Low-Level Carbon Monoxide Continuous Emission Monitoring Systems in Stationary Sources Abstract: This performance specification (PS) would be used to evaluate the acceptability of low-level carbon monoxide (CO) continuous emission monitoring systems (CEMS). Our existing performance specifications for CO (PS 4, 4A, and 4B) are unable to accommodate low CO levels. This performance specification is necessary to evaluate CEMS used to monitor low CO limits specified in upcoming regulations for boilers and incinerators.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: Not Yet Determined Legal Deadline: None

Timetable:
Action Date FR Cite Direct Final Rule 02/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Local Federalism: No Energy Affected: No Agency Contact: Lula Melton Environmental Protection Agency Air and Radiation C304-06 Research Triangle Park , NC 27711 Phone: 919 541-2910 FAX: 919 541-1903 E-Mail: melton.lula@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AQ53

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Title: Technical Corrections, Clarifying and Other Amendments to Certain Provisions of the Mandatory Greenhouse Gas Reporting Rule Abstract: EPA has conducted and will continue to conduct extensive outreach with stakeholders affected by and interested in the Greenhouse Gas Reporting Program. In response to questions received during these stakeholder meetings, EPA is proposing amendments to make clarifying and technical changes to nineteen subparts of the final rule that were either not clear, or did not have the intended effect, including correcting the location of monitoring equipment or emissions factors. This action would make relatively minor changes that ease implementation. It would not fundamentally change the structure of the program or its requirements. This proposal is complementary to the proposed rulemaking: Revision of Certain Provisions of the Mandatory Reporting of Greenhouse Gases Rule, signed July 20, 2010. Together, these two proposed rulemakings address the most significant questions raised during implementation.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 98 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 7401 et seq Legal Deadline: NoneTimetable:
Action Date FR Cite
NPRM 06/15/2010 75 FR 33950 Final Action 12/00/2010

Additional Information: EPA publication information: NPRM -http://www.regulations.gov/search/Regs/home.html#documentDetail?R=0900006480b01c4e; EPA Docket information: EPA-HQOAR-2010-0109

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No RIN Information URL: http://www.epa.gov/climatechange/emissions/ghgrulemaking.html Agency Contact: Sean Hogan Environmental Protection Agency Air and Radiation AIR7 Washington , DC 20460 Phone: 202 343-9233 FAX: 415 947-3579 E-Mail: hogan.sean@epamail.epa.gov Agency Contact: Lisa Hanle Environmental Protection Agency Air and Radiation 1200 Pennsylvania Ave, NW Washington , DC 20460 Phone: 202 343-9434 E-Mail: hanle.lisa@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AE94

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Title: NSPS: SOCMI--Wastewater and Amendments Abstract: These standards are based on a combination of control techniques that require removal or destruction of volatile organic compounds from wastewater at synthetic organic chemical manufacturing industry plants. 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. On December 9, 1998, EPA published a supplement to the proposed rule that consisted of revised definitions, alternative test procedures, and clarifications of requirements, and that proposed to add appendix J to 40 CFR part 60. In conjunction with the rule development for the NSPS, amendments to appendix C to part 63 were proposed on June 30, 2004. The final rule will encompass the clarifications and revisions to subpart YYY, appendix J, and 40 CFR part 63 appendix C.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 40 CFR 60 app J to part 60; 40 CFR 63 app C to part 63 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 7411 Legal Deadline: None

Timetable:
Action Date FR Cite NPRM (NSPS) 09/12/1994 59 FR 46780 Supplemental NPRM 1 10/11/1995 60 FR 52889 Supplemental NPRM 1 Comment Period End 11/13/1995 Supplemental NPRM 2 12/09/1998 63 FR 67988Supplemental NPRM 2 Comment Period End 02/08/1999
NPRM Amendment 06/30/2004 69 FR 39383 NPRM Amendment Comment Period End 08/30/2004 Supplemental NPRM 08/00/2014
Final Action 10/00/2015

Additional Information: SAN No. 3380; EPA publication information: Supplemental NPRM 2 - http://www.epa.gov/fedrgstr/EPA-AIR/1998/December/Day-09/a28472a.htm; EPA Docket information: EPA-HQ-OAR-2003- 0191.

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: Business Federalism: No Energy Affected: No Sectors Affected: 3251 Agency Contact: Mary Kissell Environmental Protection Agency Air and Radiation E143-01 Research Triangle Park , NC 27711 Phone: 919 541-4516 FAX: 919 685-3219 E-Mail: Kissell.Mary@epa.gov Agency Contact: Kent Hustvedt Environmental Protection Agency Air and Radiation E143-01 Research Triangle Park , NC 27711 Phone: 919 541-5395 E-Mail: Hustvedt.Ken@epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AJ86

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Title: Performance Specifications for Continuous Parameter Monitoring Systems Abstract: Compliance with many air rules is determined through use of process parameter values, instead of direct measurements of the pollutants of concern. No uniform set of requirements that inform users of parameter monitoring devices of the suitability of the devices for specific tasks or the ability of the devices to provide valid data to determine compliance exist. This rule would establish minimum acceptable requirements, both for initial installation and ongoing operation, for five common classes of parameter monitoring devices–-temperature, pressure, flow rate (liquid, gas, and mass), pH, and conductivity. In addition, this rule would revise portions of other rules to ensure a consistent approach for parameter monitoring. Finally, unrelated to parameter monitoring, the rule would clarify ongoing quality assurance requirements for direct measurement devices that detect multiple pollutants. The rule was proposed on October 9, 2008, and it can be found beginning on page 59,956 of Volume 73 of the Federal Register. Several commenters questioned the costs associated with the proposed rule and at least one commenter asked for a performance-based rule. The Agency is considering the comments received on the proposed rule and currently intends to issue a supplemental proposal to solicit additional public input.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 40 CFR 63 subpart SS; 40 CFR 63.8; 40 CFR 60 app B; 40 CFR 60 app F (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 7412(b)(5) et seq Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 10/09/2008 73 FR 59956 NPRM Comment Period End 12/08/2008 NPRM Comment Period Extended 12/03/2008 73 FR 73629 NPRM Comment Period Extended To 02/05/2009 Supplemental NPRM 12/00/2011Additional Information: SAN No. 4584; EPA publication information: NPRM - http://www.epa.gov/fedrgstr/EPAAIR/2008/October/Day-09/a22674.htm; Based on comments, we expect to begin working on the reproposal next year; EPA Docket information: EPA-HQ-OAR-2006-0640.

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Sectors Affected: 31-33; 21; 486; 562213; 562212; 22 Agency Contact: Barrett Parker Environmental Protection Agency Air and Radiation D243-05 Research Triangle Park , NC 27711 Phone: 919 541-5635 FAX: 919 541-1039 E-Mail: parker.barrett@epamail.epa.gov Agency Contact: Bob Schell Environmental Protection Agency Air and Radiation D243-05 Research Triangle Park , NC 27711 Phone: 919 541-4116 FAX: 919 541-3207 E-Mail: Schell.Bob@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AK73

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Title: National Emission Standards for Hazardous Air Pollutants for Stationary Combustion Turbines—Petition To Delist Abstract: In August 2002, the Agency received a petition to remove certain types of stationary gas-fired combustion turbines from the list of hazardous air pollutant sources under section 112(c) of the Clean Air Act. After requesting additional data from the petitioner regarding their petition and reviewing the additional data, the Agency proposed a partial granting of the petition by proposing to delist four subcategories of stationary gas-fired turbines in April 2004. Simultaneously, the Agency proposed a stay of the effectiveness of the combustion turbine maximum achievable control technology (MACT) for new sources in those subcategories of turbines, delaying the imposition of control requirements for the proposed delisted new turbines until a final action is taken regarding the delisting. The Agency is waiting until the completion of the final Integrated Risk Information System (IRIS) assessment for formaldehyde before taking final action on the petition. The final IRIS action on formaldehyde is expected to occur in fall 2011.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action Major: Undetermined Unfunded Mandates: Undetermined CFR Citation: 40 CFR 63 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 7401 et seq Legal Deadline: None

Timetable:
Action Date FR Cite NPRM–Delisting 04/07/2004 69 FR 18327 NPRM–STAY 04/07/2004 69 FR 18338 NPRM–STAY Comment Period End 05/24/2004 NPRM–Delisting Comment Period End 06/07/2004 Final Action–STAY 08/18/2004 69 FR 51184 Final Action 11/00/2012

Additional Information: SAN No. 4751; EPA publication information: NPRM-STAY - http://www.epa.gov/fedrgstr/EPAAIR/2004/April/Day-07/a7775.htm; EPA Docket information: EPA-HQ-OAR-2003-0196.

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Local; State

Small Entities Affected: No Federalism: UndeterminedEnergy Affected: Undetermined Sectors Affected: 3336; 221112 Agency Contact: Melanie King Environmental Protection Agency Air and Radiation D243-01 Research Triangle Park , NC 27711 Phone: 919 541-2469 E-Mail: king.melanie@epamail.epa.gov Agency Contact: Robert Wayland Environmental Protection Agency Air and Radiation D243-01 Research Triangle Park , NC 27711 Phone: 919 541-1045 FAX: 919 541-5450 E-Mail: wayland.robertj@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AK84

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Title: Petition to Delist Hazardous Air Pollutant: 4,4'-Methylene Diphenyl Diisocyanate Abstract: The Clean Air Act requires EPA to regulate 187 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 adverse human health problems. The law requires 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 support their petition. The Agency received a petition to remove 4,4'-Methylene Diphenyl Diisocyanate (MDI) from the American Chemistry Council on December 26, 2002. Once EPA receives a petition, it conducts two reviews: a completeness review, to determine whether there is sufficient information on which to base a decision; and a technical review, to evaluate the merits of the petition. This petition was deemed complete in March 2006. There appears to be no question about the toxicity of MDI; rather the industry argues that there are little or no exposures due to the extremely low vapor pressure of MDI.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 40 CFR 63 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 7412 Legal Deadline: None

Timetable:
Action Date FR Cite Proposed Response 00/00/0000 Notice of Complete Petition 05/26/2005 70 FR 30407

Additional Information: EPA Docket information: EPA-HQ-OAR-2005-0085

Regulatory Flexibility Analysis Required: No Government Levels Affected: Undetermined Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: KC Hustvedt Environmental Protection Agency Air and Radiation E143-01 Research Triangle Park , NC 27711 Phone: 919 541-5395 E-Mail: hustvedt.ken@epa.gov Agency Contact: Scott Jenkins Environmental Protection Agency Air and Radiation C445-01 Research Triangle Park , NC 27711 Phone: 919 541-1167 E-Mail: jenkins.scott@epa.govEnvironmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AL84

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Title: 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") Abstract: In the Nitrogen Oxides State Implementation Plan Call (NOx SIP Call)(63 FR 57356, October 27, 1998), EPA found that emissions of NOx from 22 States and the District of Columbia (hereinafter referred to as '23 States') significantly contribute to downwind areas' nonattainment of the 1-hour ozone NAAQS. EPA also separately found that NOx emissions from the same 23 States significantly contribute to downwind nonattainment of the 8-hour ozone NAAQS. Subsequently, the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) remanded the 8-hour ozone NAAQS. [American Trucking Associations, Inc. v. EPA, 175 F.3d 1027 on rehearing 195 F.3d 4 (D.C. Cir. 1999).] EPA stayed the 8-hour basis of the NOx SIP Call rule on September 18, 2000 (65 FR 56245) based on the uncertainty created by the D.C. Circuit's decision. EPA has now completed the actions necessary to address the aforementioned remand, and therefore is now conducting rulemaking to lift the stay. EPA is proposing to lift the stay of our findings in the NOx SIP Call contained in 40 CFR sec 51.121(a)(2), related to the 8-hour ozone NAAQS. This action does not create any new requirements; it merely reinstitutes a requirement of the NOx SIP Call that had previously been stayed.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 40 CFR 51.121 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 7401 et seq Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 00/00/0000

Additional Information: SAN No. 4797

Regulatory Flexibility Analysis Required: No Government Levels Affected: Undetermined Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Tim Smith Environmental Protection Agency Air and Radiation C539-04 Research Triangle Park , NC 27711 Phone: 919 541-4718 FAX: 919 541-5489 E-Mail: smith.tim@epamail.epa.gov Agency Contact: Rhea Jones Environmental Protection Agency Air and Radiation C539-04 Research Triangle Park , NC 27711 Phone: 919 541-2940 FAX: 919 541-0824 E-Mail: Jones.Rhea@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AL94

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Title: Protection of Stratospheric Ozone: Process for Exempting Emergency Uses of Methyl Bromide Abstract: Under the Clean Air Act and the Montreal Protocol on Substances that Deplete the Ozone Layer, this rule would seek to create an exemption for emergency uses of methyl bromide, an ozone-depleting substance. This exemption will be limited to no more than 20 metric tons per emergency event. This rule would define what qualifies as an emergency use.Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 40 CFR 82 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 7671 to 7671q Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 00/00/0000

Additional Information: SAN No. 4819

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest. RIN Information URL: www.epa.gov\ozone\mbr Agency Contact: Ross Brennan Environmental Protection Agency Air and Radiation 6205J Washington , DC 20460 Phone: 202 343-9226 E-Mail: Brennan.Ross@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AM08

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Title: NSPS for Municipal Solid Waste Landfills Abstract: This amendment is being issued to clarify what constitutes treated landfill gas, clarify responsibilities for compliance activities when multiple parties are involved in the ownership and operation of a landfill and the gas collection, control or treatment system, address fugitive emissions, and address emissions released prior to the current triggers for landfill gas collection. This action will also include a mandatory review of the New Source Performance Standards.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 40 CFR 60 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 7411 Legal Deadline: None

Timetable:
Action Date FR Cite Supplemental NPRM 00/00/0000
NPRM 09/08/2006 71 FR 53272

Additional Information: NPRM was published 09/08/2006 (71 FR 53272) as RIN 2060-AJ41; EPA Docket information: EPA-HQ-OAR-2003-0215

Regulatory Flexibility Analysis Required: No Government Levels Affected: Local; Tribal Small Entities Affected: No Federalism: No Energy Affected: No Related RINs: Previously Reported as 2060- AH13; Previously Reported as 2060-AJ41 Agency Contact: Hillary Ward Environmental Protection Agency Air and Radiation E143-01 Research Triangle Park , NC 27711Phone: 919 541-3154 E-Mail: ward.hillary@epamail.epa.gov Agency Contact: Ken Hustvedt Environmental Protection Agency Air and Radiation E143-01 Research Triangle Park , NC 27711 Phone: 919 541-5395 FAX: 919 685-3200 E-Mail: hustvedt.ken@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AM20

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Title: Petition to Delist a Hazardous Air Pollutant From Section 112 of the Clean Air Act: Methyl Isobutyl Ketone (MIBK) 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. That study is now complete. On October 17, 2003, the ACC submitted an addendum to the 1997 petition which includes: the results of the 2- generation reproductive 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 requested that EPA reopen its review of the MIBK petition. EPA did reopen its review of the petition. However, since the last submittal by the petitioner, a 2- year MIBK bio-assay by the National Toxicology Program (NTP) has been completed. A draft report of this study was reviewed by the NTP Board of Scientific Counselors Technical Reports Review Subcommittee, which accepted unanimously the conclusions in the report that there is some evidence of carcinogenic activity of MIBK. EPA has notified the petitioner that further review of the petition will require that the petitioner submit information regarding the relevance of the NTP study and a risk characterization for the human risk of cancer from MIBK exposures, which would include the derivation of a cancer unit risk estimate.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 40 CFR 63 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 7412 Legal Deadline: None

Timetable:
Action Date FR Cite Proposed Response 00/00/0000
Notice 07/19/2004 69 FR 42954

Additional Information: SAN No. 4849; EPA publication information: Notice - http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/04-16335.htm.

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Ken Hustvedt Environmental Protection Agency Air and Radiation E143-01 Research Triangle Park , NC 27711 Phone: 919 541-5395 FAX: 919 685-3200 E-Mail: hustvedt.ken@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AM49

View Related DocumentsTitle: Protection of Stratospheric Ozone: Certification of Recovery and Recovery/Recycling Equipment Intended for Use With Substitute Refrigerants Abstract: Using authority under section 608 of the Clean Air Act, EPA has established a certification program for refrigerant recovery and recycling equipment. Recovery equipment is specific to the refrigerant and as alternative refrigerants enter the market, new equipment to capture those refrigerants also enter the market. This action would amend the existing provisions to reflect that new equipment.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 40 CFR 82 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 7414; 42 USC 7601; 42 USC 7671 to 7671q Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 00/00/0000

Additional Information: SAN No. 4916

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Small Entities Affected: No Federalism: No Energy Affected: No RIN Information URL: www.epa.gov/ozone/title6/608 Agency Contact: Julius Banks Environmental Protection Agency Air and Radiation 6205J Washington , DC 20460 Phone: 202 343-9870 FAX: 202 565-2155 E-Mail: banks.julius@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AM55

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Title: Protection of Stratospheric Ozone: Modifications to the Technician Certification Requirements Under Section 608 of the Clean Air Act Abstract: This rule would amend 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 in 1994. This rule would update parts of the regulations concerning the technician certification examination. The examination needs to reflect developments in new refrigerants, equipment, and technology over the last 12 years. This rule would provide specific requirements for programs applying to become certifying organizations, would specify reporting and recordkeeping requirements in order to enhance implementation of the program, and would define other administrative components of the program to improve accountability.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 40 CFR 82 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 7414; 42 USC 7601; 42 USC 7671 to 7671q Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 00/00/0000

Additional Information: SAN No. 4901Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Small Entities Affected: No Federalism: No Energy Affected: No RIN Information URL: http://www.epa.gov/ozone/title6/608/index.html Sectors Affected: 3334 Agency Contact: Monica Shimamura Environmental Protection Agency Air and Radiation 6205J Washington , DC 20460 Phone: 202 343-9337 E-Mail: Shimamura.Monica@epamail.epa.gov Agency Contact: Julius Banks Environmental Protection Agency Air and Radiation 6205J Washington , DC 20460 Phone: 202 343-9870 FAX: 202 565-2155 E-Mail: banks.julius@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AM75

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Title: NESHAP: General Provisions (Once In Always In)—Amendments Abstract: These amendments would have addressed potential changes to EPA's policy on when a major source can become an area source, and thus become not subject to national emission standards for hazardous air pollutants (NESHAP) for major sources. The Agency is considering whether further action on this proposal is appropriate.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 40 CFR 63.1 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 7401 et seq Legal Deadline: None

Timetable:
Action Date FR Cite Final Action 00/00/0000
NPRM 01/03/2007 72 FR 69 NPRM; Extension of Comment Period 03/05/2007 72 FR 9718

Additional Information: EPA publication information: NPRM - http://www.epa.gov/fedrgstr/EPA-AIR/2007/January/Day03/a22283.htm; EPA Docket information: EPA-HQ-OAQ-2004-0094

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Local; State; Tribal Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Lisa Conner Environmental Protection Agency Air and Radiation D205-02 Research Triangle Park , NC 27711 Phone: 919 541-5060 FAX: 919 541-5600 E-Mail: conner.lisa@epamail.epa.govEnvironmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AM87

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Title: NESHAP: Taconite Iron Ore Processing; Amendments Abstract: EPA promulgated National Emission Standards for Hazardous Air Pollutants (NESHAP) for Taconite Iron Ore Processing on October 30, 2003 (68 FR 61867). The National Wildlife Federation (NWF) filed a petition for review, raising several technical issues, including the alleged failure of EPA to establish emission standards for mercury and asbestos. EPA took a voluntarily remand of the mercury and asbestos standards. EPA is planning to address both remands when this NESHAP is due for the Risk and Technology Review (RTR) in 2011.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 40 CFR (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: Clean Air Act sec 112 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 00/00/0000

Additional Information: SAN No. 4929

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; State Small Entities Affected: No Federalism: No Energy Affected: No Sectors Affected: 21221 Agency Contact: Conrad Chin Environmental Protection Agency Air and Radiation D243-02 Research Triangle Park , NC 27711 Phone: 919 541-1512 FAX: 919 541-3207 E-Mail: chin.conrad@epa.gov Agency Contact: Steve Fruh Environmental Protection Agency Air and Radiation 1200 Pennsylvania Ave, NW Washington , DC 20460 Phone: 919 541-2837 FAX: 919 541-4991 E-Mail: fruh.steve@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AN30

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Title: Protection of Stratospheric Ozone: Revision to Listing of Carbon Dioxide Total Flooding Fire Extinguishing Systems Restricting Use to Only Unoccupied Areas 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. Carbon dioxide is currently listed as an "acceptable" total flooding substitute for ozone-depleting halons. Carbon dioxide total flooding systems are used in industrial applications such as automobile paint rooms and in marine applications such as machinery spaces. Recent changes to national fire protection industry standards reflect a need to improve personnel safety requirements for carbon dioxide systems by limiting its applications. Based on new information on the continued and growing use of carbon dioxide total flooding fire extinguishing systems, EPA is proposing to revise the listing to "acceptable subject to narrowed use limits" to ensure that the use of this agent does not pose greater risk than other substitutes that are available. Use would be limited to unoccupied areas where personnel could not be exposed to lethal concentration of the agent.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term ActionMajor: No Unfunded Mandates: No CFR Citation: 40 CFR 82 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 7414; 42 USC 7601; 42 USC 7671 to 7671q Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 00/00/0000

Additional Information: SAN No. 4991

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest. RIN Information URL: http://www.epa.gov/ozone/snap Agency Contact: Bella Maranion Environmental Protection Agency Air and Radiation 6205J Washington , DC 20460 Phone: 202 343-9749 E-Mail: Maranion.Bella@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AN36

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Title: NESHAP: Site Remediation Amendments—Response to Litigation Abstract: The Site Remediation NESHAP regulation was promulgated on October 8, 2003. EPA was challenged by the Sierra Club on several provisions in the rule. The main issues involve exemptions to the rule's requirements for cleanups performed under Resource Conservation and Recovery Act (RCRA) or Superfund authorities, and an exemption for units handling radioactive mixed waste.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 40 CFR 63 subpart GGGGG (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 7412 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 00/00/0000

Additional Information: Split from RIN 2060-AM30; EPA Docket information: EPA-HQ-OAR-2002-0021

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Greg Nizich Environmental Protection Agency Air and Radiation E143-01 Research Triangle Park , NC 27711 Phone: 919 541-3078 E-Mail: Nizich.Greg@epa.gov Agency Contact: Kent Hustvedt Environmental Protection Agency Air and Radiation E143-01Research Triangle Park , NC 27711 Phone: 919 541-5395 E-Mail: Hustvedt.Ken@epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AN43

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Title: Federal Plan Requirements for Other Solid Waste Incineration Units Constructed on or Before December 9, 2004 Abstract: In this Other Solid Waste Incineration (OSWI) Federal plan rulemaking, EPA becomes an implementing authority in those instances where the State or local agency has failed to submit a plan or a plan has not yet been approved. Therefore, consistent with section 129(b)(3) of the Act, this rulemaking would impose a Federal plan that applies to OSWI in any State, tribe, or locale that has not submitted an approvable plan within the time allotted. This action makes no changes to the requirements in the December 2005 rule, and is intended to fulfill EPA’s duty under section 129(b)(3) to promulgate a Federal plan as a gap-filling measure until the State fulfills its statutory obligations. When the State submits an approvable State Plan, the Federal plan will no longer apply to units in that State.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 40 CFR 62 (New) (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: CAA sec 129; CAA sec 111(d) Legal Deadline: None

Timetable:
Action Date FR Cite Final Action 00/00/0000
NPRM 12/18/2006 71 FR 75816

Additional Information: EPA publication information: NPRM - http://www.epa.gov/fedrgstr/EPAWASTE/2006/December/Day-18/f21285.htm; Legal Deadline continued: Federal Plan must be promulgated 2 years after thefinal publication of the Emission Guidelines rule (December 16, 2005, 70 FR 74869, http://www.epa.gov/fedrgstr/EPAAIR/2005/December/Day-16/a23716.htm); EPA Docket information: EPA-HQ-OAR-2006-0364

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Local; State; Tribal Small Entities Affected: Business; Governmental Jurisdictions Federalism: No
Energy Affected: No Sectors Affected: 562213 Agency Contact: Martha Smith Environmental Protection Agency Air and Radiation E143-03 Research Triangle Park , NC 27709 Phone: 919 541-2421 E-Mail: smith.martha@epa.gov Agency Contact: Ketan Patel Environmental Protection Agency Air and Radiation E143-03 Research Triangle Park , NC 27711 Phone: 919 541-9736 FAX: 919 541-3470 E-Mail: patel.ketan@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AN63

View Related DocumentsTitle: Requirements for Reformulated Gasoline (RFG) Under the 8-Hour Ozone Standard for Bump-Up Areas Designated Attainment for the 1-Hour Ozone Standard Prior to Revocation Abstract: Reformulated Gasoline (RFG) is gasoline blended to reduce emissions that cause ozone smog. The Clean Air Act (CAA) requires certain areas to use RFG, depending on how serious is the ozone problem—i.e., how far it is from attaining the National Ambient Air Quality Standards (NAAQS) for ozone. In some cases, areas that previously had a less-serious ozone problem subsequently experience worse air quality, and in such cases the Clean Air Act requires them to be "bumped up" to a higher category, thereby requiring RFG use. One complication is that the Agency is now implementing the transition from the previous ozone standard, based on the amount of pollution measured over a 1-hour period, to the new ozone standard, based on an 8-hour period. This rule would set regulations for such cases.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 40 CFR 80 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: Clean Air Act 211(k) Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 06/23/2006 71 FR 36042 Final Action 12/00/2011

Additional Information: EPA publication information: NPRM - http://www.epa.gov/fedrgstr/EPA-AIR/2006/June/Day23/a5620.htm; EPA Docket information: EPA-HQ-OAR-2006-0318

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Kurt Gustafson Environmental Protection Agency Air and Radiation 6406J Washington , DC 20460 Phone: 202 343-9219 FAX: 202 343-2800 E-Mail: gustafson.kurt@epa.gov Agency Contact: Leila Cook Environmental Protection Agency Air and Radiation AASMCG Ann Arbor , MI 48105 Phone: 734 214-4820 E-Mail: cook.leila@epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AN72

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Title: Petroleum Refineries—New Source Performance Standards (NSPS)—Subparts J and Ja Abstract: On June 24, 2008, EPA promulgated amendments to the Standards of Performance for Petroleum Refineries and new standards for process units constructed, reconstructed, or modified after May 14, 2007. EPA received three petitions for reconsideration of the final rule. On September 26, 2008, EPA granted reconsideration and issued a stay for the issues raised in the petitions regarding process heaters and flares. Under this action, EPA will address these issues.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: Undetermined Unfunded Mandates: No CFR Citation: 40 CFR 60 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 7411 Legal Deadline: None

Timetable:
Action Date FR CiteReconsideration—Final 00/00/0000
NPRM 05/14/2007 72 FR 27178 NPRM Comment Period Extended 06/28/2007 72 FR 35375 NPRM Comment Period End 07/13/2007 NPRM Comment Period Extended To 08/27/2007
Final Rule 06/24/2008 73 FR 35838 Reconsideration—NPRM 12/22/2008 73 FR 78546

Additional Information: EPA publication information: NPRM - http://www.epa.gov/fedrgstr/EPA-AIR/2007/May/Day14/a8547.htm; EPA Docket information: EPA-HQ-OAR-2007-0011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Sectors Affected: 32411 Agency Contact: Brenda Shine Environmental Protection Agency Air and Radiation C439-04 Research Triangle Park , NC 27711 Phone: 919 541-3608 FAX: 919 685-3219 E-Mail: shine.brenda@epa.gov Agency Contact: Ken Hustvedt Environmental Protection Agency Air and Radiation E143-01 Research Triangle Park , NC 27711 Phone: 919 541-5395 FAX: 919 685-3200 E-Mail: hustvedt.ken@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AN93

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Title: Improving Implementation of the Operating Permit Rules in Response to CAAA Committee Recommendations Abstract: This action addresses potential improvements to the regulations implementing the Clean Air Act's title V operating permits program. Under the title V program, each facility that is a major source of specified air pollutants is required to obtain a permit that describes allowable emissions and other conditions. The improvements to the program were recommended to EPA by a 18-member Task Force formed by the Clean Air Act Advisory Committee, with representatives from industry, environmental groups, and state and local agencies.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 40 CFR 70; 40 CFR 71 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: Clean Air Act Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 00/00/0000

Additional Information: SAN No. 5079

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Local; State; Tribal Small Entities Affected: No Federalism: No Energy Affected: No RIN Information URL: http://www.epa.gov/nsr/ Agency Contact: Jennifer Snyder Environmental Protection AgencyAir and Radiation C504-03 Research Triangle Park , NC 27711 Phone: 919 541-3003 FAX: 919 685-3105 E-Mail: snyder.jennifer@epamail.epa.gov Agency Contact: Raj Rao Environmental Protection Agency Air and Radiation C504-03 Research Triangle Park , NC 27711 Phone: 919 541-5344 FAX: 919 541-5509 E-Mail: rao.raj@epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AO07

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Title: NESHAP: Miscellaneous Organic Chemical Manufacturing—Amendments Abstract: On November 10, 2003, EPA promulgated national emission standards for hazardous air pollutants (NESHAP) for miscellaneous organic chemical manufacturing. The rule is referred to as the miscellaneous organic NESHAP or the MON. The MON incorporates by reference the wastewater tank requirements in the National Emission Standards for Organic Hazardous Air Pollutants From the Synthetic Organic Chemical Manufacturing Industry for Process Vents, Storage Vessels, Transfer Operations, and Wastewater, which EPA promulgated on April 24, 1994, and which is referred to as the hazardous organic NESHAP or the HON. On August 6, 2008 EPA proposed amending the HON, and thereby, the MON, by adding an equivalent means of emission limitation for wastewater tanks.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 40 CFR 63 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 7412 Legal Deadline: None

Timetable:
Action Date FR Cite Final Action 00/00/0000
NPRM 08/06/2008 73 FR 45673

Additional Information: EPA publication information: NPRM - http://www.epa.gov/fedrgstr/EPA-AIR/2008/August/Day06/a18142.pdf; Split from RIN 2060-AM43; EPA Docket information: EPA-HQ-OAR-2003-0121

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Sectors Affected: 325 Agency Contact: Randy McDonald Environmental Protection Agency Air and Radiation E143-01 Research Triangle Park , NC 27711 Phone: 919 541-5402 FAX: 919 541-0246 E-Mail: mcdonald.randy@epa.gov Agency Contact: Ken Hustvedt Environmental Protection Agency Air and Radiation E143-01 Research Triangle Park , NC 27711 Phone: 919 541-5395 FAX: 919 685-3200 E-Mail: hustvedt.ken@epamail.epa.govEnvironmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AO55

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Title: Petroleum Refinery Residual Risk Standards Abstract: Under CAA section 112(d)(6) EPA is required to review standards issued under section 112 and to revise them "as necessary (taking into account developments in practices, processes and control technologies)" no less frequently than every 8 years. EPA also must evaluate the MACT standards within 8 years after promulgation and promulgate standards under CAA section 112 (f)(2) if required to provide an ample margin of safety to protect public health or prevent an adverse environmental effect. The final rule was signed on January 16, 2009, but was not published in the Federal Register. On October 28, 2009, EPA proposed to withdraw the residual risk and technology portions of the final rule, in order to gather better emissions information from the refining industry. On the same day, EPA finalized amendments to the rule that implements requirements for heat exchange systems under CAA section 112(d)(2).

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 40 CFR 63 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 7412 Legal Deadline: None

Timetable:
Action Date FR Cite Final Action - Partial Withdrawal 00/00/0000
NPRM 09/04/2007 72 FR 50716 Supplemental NPRM 11/10/2008 73 FR 66694 NPRM - Partial Withdrawal 10/28/2009 74 FR 55505 Final Action - Heat Exchangers 10/28/2009 74 FR 55670 Final Action - Heat Exchangers Correction 06/30/2010 75 FR 37730

Additional Information: EPA publication information: NPRM - http://frwebgate1.access.gpo.gov/cgi-bin/PDFgate.cgi?WAISdocID=049012415583+2+2+0&WAISaction=retrieve; Split from RIN 2060-AN85.; EPA Docket information: EPA-HQ-OAR2003-0146

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Small Entities Affected: Business Federalism: No Energy Affected: No RIN Information URL: www.epa.gov/fedrgstr/EPAAIR/2007/September/Day-04/a17009.pdf Sectors Affected: 32411 Agency Contact: Bob Lucas Environmental Protection Agency Air and Radiation E143-01 Research Triangle Park , NC 27711 Phone: 919 541-0884 FAX: 919 541-0246 E-Mail: lucas.bob@epa.gov Agency Contact: Ken Hustvedt Environmental Protection Agency Air and Radiation E143-01 Research Triangle Park , NC 27711 Phone: 919 541-5395 FAX: 919 685-3200 E-Mail: hustvedt.ken@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AO68View Related Documents

Title: Protection of Stratospheric Ozone: Labeling of Products Using HCFCs Abstract: In accordance with section 611 of the Clean Air Act, this action would require a warning statement on containers or products made with or containing a Class II ozone depleting substance (ODS). EPA promulgated a similar rule in 1993 for containers or products made with or containing Class I ODS. Such rules may help consumers and others make more informed choices about using products which damage the stratospheric ozone layer, resulting in increased skin damage and cancers.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 40 CFR 82 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 7601; 42 USC 7671j Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 00/00/0000

Additional Information: SAN No. 5151

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Federal

Small Entities Affected: No Federalism: No Energy Affected: No International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest. RIN Information URL: http://www.epa.gov/ozone/title6/labeling Sectors Affected: 333415; 4431; 335222; 33341 Agency Contact: Monica Shimamura Environmental Protection Agency Air and Radiation 6205J Washington , DC 20460 Phone: 202 343-9337 E-Mail: Shimamura.Monica@epamail.epa.gov Agency Contact: Bella Maranion Environmental Protection Agency Air and Radiation 6205J Washington , DC 20460 Phone: 202 343-9749 E-Mail: Maranion.Bella@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AO75

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Title: Protection of the Stratospheric Ozone: Motor Vehicle Air Conditioning System Servicing Abstract: The motor vehicle air conditioning industry is considering moving to alternative refrigerants. This action would establish service, maintenance, and equipment provisions, as required by the Clean Air Act, for new alternative refrigerants in the motor vehicle air conditioning sector. These provisions will help ensure the safe and effective servicing of motor vehicle air conditioning systems.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 40 CFR 82 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 7671 to 7671q Legal Deadline: NoneTimetable:
Action Date FR Cite
NPRM 00/00/0000

Additional Information: SAN No. 5206

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Small Entities Affected: No Federalism: No Energy Affected: No RIN Information URL: http://www.epa.gov/ozone/snap Sectors Affected: 44131; 811111; 44111 Agency Contact: Yaidi Cancel Environmental Protection Agency Air and Radiation 6205J Washington , DC 20460 Phone: 202 343-9512 FAX: 202 343-2338 E-Mail: cancel.yaidi@epa.gov Agency Contact: Cindy Newberg Environmental Protection Agency Air and Radiation 6205J Washington , DC 20460 Phone: 202 343-9729 E-Mail: Newberg.Cindy@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AO97

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Title: Risk and Technology Review Phase II Group 3 Abstract: Under the "technology review" provision of CAA section 112, EPA is required to review maximum achievable control technology (MACT) standards and to revise them “as necessary (taking into account developments in practices, processes and control technologies)” no less frequently than every 8 years. Under the "residual risk" provision of CAA section 112, EPA must evaluate the MACT standards within 8 years after promulgation and promulgate standards if required to provide an ample margin of safety to protect public health or prevent an adverse environmental effect. EPA has combined the remaining MACT source categories requiring residual risk and technology reviews into several groups of "risk and technology" (RTR) reviews. This action focuses on RTR Group 3 which consists of 18 MACT standards with MACT compliance dates of 2003 and earlier.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: CAA sec 112(f); CAA sec 112(d)(6) Legal Deadline: None

Timetable:
Action Date FR Cite Notice of Data Availability 00/00/0000

Additional Information: SAN No. 5196

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Paula Hirtz Environmental Protection Agency Air and Radiation E143-01Research Triangle Park , NC 27711 Phone: 919 541-2618 FAX: 919 541-0246 E-Mail: hirtz.paula@epa.gov Agency Contact: Ken Hustvedt Environmental Protection Agency Air and Radiation E143-01 Research Triangle Park , NC 27711 Phone: 919 541-5395 FAX: 919 685-3200 E-Mail: hustvedt.ken@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AP00

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Title: Prevention of Air Pollution Emergency Episodes Abstract: This proposal will revise subpart H of 40 CFR part 51, which establishes the requirements for that portion of State implementation plans to address air pollution emergency episodes. The proposal includes the following: (1) revisions to the emergency episode requirements to simplify the emergency episode classification system for air quality control regions for all NAAQS pollutants; (2) criteria for establishing those areas that need to develop emergency episode plans to address PM2.5; and (3) revisions to appendix L (an example State emergency episode regulation) to include example regulations to address PM2.5.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 40 CFR 51 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: Not Yet Determined Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 00/00/0000

Additional Information: EPA Docket information: EPA-HQ-OAR-2007-1046

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Local; State; Tribal Small Entities Affected: No Federalism: No Energy Affected: No Sectors Affected: 9241 Agency Contact: Dave Sanders Environmental Protection Agency Air and Radiation C539-01 Research Triangle Park , NC 27711 Phone: 919 541-3356 FAX: 919 541-0824 E-Mail: Sanders.Dave@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AP07

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Title: Remand of Halogenated Solvent Cleaning Final Residual Risk Rule Abstract: EPA promulgated technology-based emission standards for this source category in 1992 under section 112(d) of the Clean Air Act. These standards are codified at 40 CFR part 63, subpart T. On May 3, 2007, EPA also promulgated amendments to the NESHAP standards as required by sections 112(f) and 112(d)(6) of the Clean Air Act. Petitions have beenfiled requesting EPA to reconsider its emission standards under the May 3, 2007, final rule. EPA issued a proposed reconsideration rule on October 20, 2008. In November 2009, EPA was granted a remand of this rule.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 40 CFR 63 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 7412 Legal Deadline: None

Timetable:
Action Date FR Cite Reproposal 00/00/0000
NPRM 10/20/2008 73 FR 62384 NPRM Extension of Comment Period 12/03/2008 73 FR 73631

Additional Information: EPA Docket information: EPA-HQ-OAR-2002-0009

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; State; Tribal Small Entities Affected: Business Federalism: No Energy Affected: No Sectors Affected: 334; 335; 332; 337; 333; 339; 331; 336 Agency Contact: Amy Hambrick Environmental Protection Agency Air and Radiation E143-03 Research Triangle Park , NC 27711 Phone: 919 541-0964 FAX: 919 541-3470 E-Mail: Hambrick.Amy@epamail.epa.gov Agency Contact: Robin Dunkins Environmental Protection Agency Air and Radiation 1200 Pennsylvania Ave, NW Washington , DC 20460 Phone: 919 541-5335 E-Mail: dunkins.robin@epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AP21

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Title: Response to Section 126 Petition From Warrick County, Indiana and the Town of Newburgh, Indiana Abstract: This rulemaking will respond to a petition submitted by Warrick County, Indiana and the Town of Newburgh, Indiana under section 126 of the Clean Air Act. The petition requests that EPA make a finding that a power plant being proposed to be built in Henderson County, Kentucky (Cash Creek) will emit air pollutants that will significantly contribute to nonattainment in, or interfere with maintenance by, Warrick County and Newburgh, Indiana with respect to the national ambient air quality standards for ozone and particulate matter. Based on such a finding, the petition requests that EPA establish emission limitations for the proposed power plant to prevent the significant contribution.

Priority: Info./Admin./Other Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: Clean Air Act sec 126 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 00/00/0000

Additional Information: SAN No. 5268Regulatory Flexibility Analysis Required: No Government Levels Affected: Undetermined Small Entities Affected: Organizations Federalism: No Energy Affected: No Agency Contact: Carla Oldham Environmental Protection Agency Air and Radiation C539-04 Research Triangle Park , NC 27711 Phone: 919 541-3347 FAX: 919 541-0824 E-Mail: oldham.carla@epamail.epa.gov Agency Contact: Rhea Jones Environmental Protection Agency Air and Radiation C539-04 Research Triangle Park , NC 27711 Phone: 919 541-2940 FAX: 919 541-0824 E-Mail: Jones.Rhea@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AP25

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Title: NESHAP: Group I and IV Polymers and Resins: Amendments Abstract: This action amends the final MACT rule for Group IV Polymers and Resins (subpart JJJ) under National Emission Standard for Hazardous Air Pollutants (NESHAP) for thermoplastics (Group IV polymers and Resins) by addressing a petition by Arteva Specialties for reconsideration concerning subcategorization and the control requirements for leaking equipment. The action will clarify the categorization of polyethylene terephthalate (PET) resin using the continuous terephthalic acid high viscosity multiple end finisher process and determine whether the cost analysis used to regulate leaking equipment should be based on individual component types rather than the aggregated approach used in the final rule.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: Undetermined CFR Citation: 40 CFR 63 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 7412 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 00/00/0000

Additional Information: SAN No. 5280

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Randy McDonald Environmental Protection Agency Air and Radiation E143-01 Research Triangle Park , NC 27711 Phone: 919 541-5402 FAX: 919 541-0246 E-Mail: mcdonald.randy@epa.gov Agency Contact: Ken Hustvedt Environmental Protection Agency Air and Radiation E143-01 Research Triangle Park , NC 27711 Phone: 919 541-5395 FAX: 919 685-3200 E-Mail: hustvedt.ken@epamail.epa.govEnvironmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AP38

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Title: Review of the National Ambient Air Quality Standards for Ozone Abstract: Under the Clean Air Act, EPA is required to review and, if appropriate, revise the air quality criteria for the primary (health-based) and secondary (welfare-based) national ambient air quality standards (NAAQS) every 5 years. On March 23, 2008, the EPA published a final rule to revise the primary and secondary NAAQS for ozone to provide increased protection of public health and welfare. With regard to the primary standard for ozone, EPA revised the level of the 8-hour ozone standard to 0.075 ppm. With regard to the secondary ozone standard, EPA made it identical in all respects to the primary ozone standard, as revised. EPA initiated the current review in October 2008 with a workshop to discuss key policy-relevant issues around which EPA would structure the review. This review includes the preparation of an Integrated Science Assessment, Risk/Exposure Assessment, and a Policy Assessment Document by EPA, with opportunities for review by EPA's Clean Air Scientific Advisory Committee and the public. These documents inform the Administrator's proposed decision as to whether to retain or revise the standards.

Priority: Economically Significant Agenda Stage of Rulemaking: Long-term Action Major: Yes Unfunded Mandates: No CFR Citation: 40 CFR 50 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 7408; 42 USC 7409 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 05/00/2013
Final Action 03/00/2014

Additional Information: EPA Docket information: EPA-HQ-OAR-2008-0699

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; State; Local; Tribal Small Entities Affected: No Federalism: No Energy Affected: No RIN Information URL: www.epa.gov/air/ozone Agency Contact: Dave Mckee Environmental Protection Agency Air and Radiation C504-06 Research Triangle Park , NC 27711 Phone: 919 541-5288 FAX: 919 541-0237 E-Mail: Mckee.Dave@epamail.epa.gov Agency Contact: Karen Martin Environmental Protection Agency Air and Radiation C504-06 Research Triangle Park , NC 27711 Phone: 919 541-5274 FAX: 919 541-0237 E-Mail: Martin.Karen@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AP43

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Title: Revision: Health and Environmental Protection Standards for Uranium and Thorium Mill Tailings and Uranium In Situ Leaching Processing Facilities Abstract: EPA’s regulations in 40 CFR 192 establish standards for protection of the public health, safety, and environmentfrom radiological and nonradiological hazards associated with uranium ore processing, and disposal of resulting waste materials. These cross-media standards, which apply to pollutant emissions and site restoration, must be adopted by the Nuclear Regulatory Commission, their Agreement States, and the Department of Energy. We propose to review all the standards in the existing rule, revise the regulations to take into account significant changes in uranium industry technologies and their potential impacts to groundwater, recent revisions in EPA drinking water protection standards, judicial decisions concerning the subject regulations, and need for new radiological risk assessments to take into account unanticipated risks to the general public and environment. New facilities proposed in states from Virginia to Alaska, in addition to ongoing regulatory efforts by the Nuclear Regulatory Commission for facility licensure and groundwater protection in advance of concomitant revised EPA standards, add to the importance of this effort.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: Undetermined CFR Citation: 40 CFR 192 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 2022, 2114; Atomic Energy Act sec 275; UMTRCA sec 206(a) Legal Deadline: None

Timetable:
Action Date FR Cite Final Action 00/00/0000
NPRM 05/00/2012

Additional Information: SAN No. 5319

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Federal; State; Tribal

Small Entities Affected: No Federalism: No Energy Affected: No Sectors Affected: 212291 Agency Contact: Loren Setlow Environmental Protection Agency Air and Radiation 6608J Washington , DC 20460 Phone: 202 343-9445 FAX: 202 343-2304 E-Mail: Setlow.Loren@epamail.epa.gov Agency Contact: Tom Peake Environmental Protection Agency Air and Radiation 6608J Washington , DC 20460 Phone: 202 343-9765 FAX: 202 343-2304 E-Mail: Peake.Tom@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AP51

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Title: Response to Section 126 Petition From North Carolina Abstract: EPA is reconsidering its decision to deny the petition submitted by the State of North Carolina to EPA pursuant to section 126 of the Clean Air Act (CAA). North Carolina submitted a petition on March 18, 2004 alleging that upwind major sources of PM and ozone precursors were contributing significantly to North Carolina's ability to attain or maintain the PM and ozone NAAQS. In 2006, EPA denied North Carolina's petition in conjunction with issuing the CAIR federal implementation plan rule. As a result of a remand of the CAIR, the legal basis for denying the PM part of North Carolina's petition no longer exists. On March 5, 2009 the D.C. Circuit of Appeals granted our motion for voluntary remand of our decision to deny North Carolina's petition.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: Undetermined CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations )Legal Authority: Not Yet Determined Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 00/00/0000

Additional Information: SAN No. 5347

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: Undetermined Agency Contact: Tim Smith Environmental Protection Agency Air and Radiation C539-04 Research Triangle Park , NC 27711 Phone: 919 541-4718 FAX: 919 541-5489 E-Mail: smith.tim@epamail.epa.gov Agency Contact: Rhea Jones Environmental Protection Agency Air and Radiation C539-04 Research Triangle Park , NC 27711 Phone: 919 541-2940 FAX: 919 541-0824 E-Mail: Jones.Rhea@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AP60

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Title: Response to Section 126 Petition From Delaware Abstract: EPA is proposing to take action on a petition submitted by Delaware under section 126 of the Clean Air Act. On December 18, 2008, EPA received Delaware's section 126 petition. In this petition, Delaware seeks emissions reductions from large electric generating units in a number of upwind States in order to reduce the contributions from their emissions to PM2.5 and ozone problems in Delaware.

Priority: Info./Admin./Other Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: Undetermined CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: Not Yet Determined Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 00/00/0000

Additional Information: SAN No. 5353

Regulatory Flexibility Analysis Required: No Government Levels Affected: Undetermined Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Tim Smith Environmental Protection Agency Air and Radiation C539-04 Research Triangle Park , NC 27711 Phone: 919 541-4718 FAX: 919 541-5489 E-Mail: smith.tim@epamail.epa.govAgency Contact: Rhea Jones Environmental Protection Agency Air and Radiation C539-04 Research Triangle Park , NC 27711 Phone: 919 541-2940 FAX: 919 541-0824 E-Mail: Jones.Rhea@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AP68

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Title: Implementing the 1997 8-Hour Ozone NAAQS: Section 185 Penalty Fee Provisions Abstract: In December 2006, the United States Court of Appeals for the District of Columbia Circuit issued an opinion determining that EPA improperly waived the application of the section 185 penalty provision for severe and extreme nonattainment areas that failed to attain the 1-hour ozone national ambient air quality standard (NAAQS or standard) by their attainment date. South Coast Air Quality Management District v. EPA, 472 F.3d 882 (D.C. Cir. 2006) (SCAQMD). EPA issued on January 5, 2010, a memorandum to provide guidance on the section 185 state implementation plan (SIP) and the revisions required of severe and extreme 1-hour ozone nonattainment areas under EPA’s anti-backsliding rules for the transition to the 8- hour ozone NAAQS and to provide guidance on alternative programs that may be acceptable consistent with section 172(e) of the CAA, which allows EPA through rulemaking to accept alternative programs that are “no less stringent.” Section 185 fee SIP revisions for 1-hour ozone nonattainment areas were due to be submitted to EPA by December 31, 2000 [see section 182(d)(3)]. This guidance has been challenged in court for a review and reconsideration. This action will establish a rulemaking that addresses how the Clean Air Act section 185 penalty fee provisions apply under the anti-backsliding provisions.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 40 CFR 51 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 7410; 42 USC 7511 to 7511f; 42 USC 7601(a)(1) Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 00/00/0000

Additional Information: Split from RIN 2060-AO96; EPA Docket information: EPA-HQ-OAR-2007-0956

Regulatory Flexibility Analysis Required: No Government Levels Affected: Undetermined Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Lynn Dail Environmental Protection Agency Air and Radiation C504-01 Research Triangle Park , NC 27711 Phone: 919 541-5550 FAX: 919 541-0824 E-Mail: dail.lynn@epa.gov Agency Contact: Kimber Scavo Environmental Protection Agency Air and Radiation C539-01 Research Triangle Park , NC 27711 Phone: 919 541-3354 FAX: 919 541-4028 E-Mail: scavo.kimber@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AP69View Related Documents

Title: NESHAP: Brick and Structural Clay Products and Clay Products Abstract: This rulemaking will establish emission limits for hazardous air pollutants (HF, HCl and metals) emitted from brick and clay ceramics kilns 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, sanitaryware, 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.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: Undetermined CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: Not Yet Determined Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 00/00/0000

Additional Information: SAN No. 5367

Regulatory Flexibility Analysis Required: Business Government Levels Affected: Undetermined Federalism: No Energy Affected: Undetermined 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 E-Mail: Telander.Jeff@epamail.epa.gov Agency Contact: Steve Fruh Environmental Protection Agency Air and Radiation 1200 Pennsylvania Ave, NW Washington , DC 20460 Phone: 919 541-2837 FAX: 919 541-4991 E-Mail: fruh.steve@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AP79

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Title: Lead Emissions From Piston-Engine Aircraft Using Leaded Aviation Gasoline Abstract: The purpose of this action is to further respond to a petition submitted by Friends of the Earth (FOE) in 2006. In the petition, FOE requests that EPA find that lead emissions from general aviation aircraft may reasonably be anticipated to endanger public health and welfare and that EPA propose emissions standards under the Clean Air Act for lead from general aviation aircraft. Alternatively, FOE requests that EPA commence a study and investigation of the health and environmental impacts of lead emissions from general aviation aircraft, if EPA believes that insufficient information exists to make such a finding. In 2007 EPA issued a Federal Register notice seeking comment on FOE's petition. The notice asked a series of questions seeking information on exposure to lead emissions from general aviation aircraft, lead emission rates from general aviation aircraft, unleaded aviation fuel options, and engine technology. EPA has long-standing concerns regarding exposure to lead, particularly during childhood. The most recent lead National Ambient Air Quality Standards review, finalized in 2008, found that serious health effects occur at much lower levels of lead in blood than previously identified and did not identify a safe level of lead exposure. Emissions of lead from piston-engine aircraft using leaded aviation gasoline (avgas) comprise over half of thenational inventory of lead emitted to air. There are almost 20,000 airport facilities in the U.S. at which leaded avgas is used. This action will describe the lead inventory related to use of leaded avgas, air quality and exposure information, additional information the Agency is collecting related to the impact of lead emissions from piston-engine aircraft on air quality and will request comments on this information.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: Undetermined CFR Citation: 40 CFR 87 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 7571 Legal Deadline: None

Timetable:
Action Date FR Cite Next Action Undetermined
ANPRM 04/28/2010 75 FR 22439 ANPRM Extension of Comment Period 06/24/2010 75 FR 36034

Additional Information: EPA publication information: ANPRM -http://www.regulations.gov/search/Regs/home.html#documentDetail?R=0900006480ae298f; EPA Docket information: EPA-HQOAR-2007-0294

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: No

Small Entities Affected: No Federalism: No Energy Affected: Undetermined Agency Contact: Marion Hoyer Environmental Protection Agency Air and Radiation AAHEBTC Ann Arbor , MI 48105 Phone: 734 214-4513 E-Mail: Hoyer.Marion@epamail.epa.gov Agency Contact: Meredith Pedde Environmental Protection Agency Air and Radiation AAHEBTC Ann Arbor , MI 48105 Phone: 734 214-4748 E-Mail: Pedde.Meredith@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AQ11

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Title: Risk and Technology Review for Ferroalloys Production Abstract: This action is the Risk and Technology Review (RTR) for Ferroalloys Production. It will address both EPA's obligation under Clean Air Act (CAA) section 112(f)(2) and 112(d)(6) to conduct a residual risk review and to conduct a technology review. Under the "technology review" provision of the CAA section 112, EPA is required to review maximum achievable control technology (MACT) standards and to revise them "as necessary (taking into account developments in practices, processes, and control technologies)" no less frequently than every 8 years. Under the "residual risk" provision of CAA section 112, EPA must evaluate the MACT standards if required to provide an ample margin of safety to protect public healthy or prevent an adverse environmental effect.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 40 CFR 63 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 7401 et seq Legal Deadline:
Action Source Description Date

NPRM Judicial 10/31/2011 Other Judicial 06/29/2012Timetable:
Action Date FR Cite
ANPRM 00/00/0000

Additional Information: SAN No. 5417

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; State Small Entities Affected: No Federalism: No Energy Affected: No Sectors Affected: 331112; 331419 Agency Contact: Conrad Chin Environmental Protection Agency Air and Radiation D243-02 Research Triangle Park , NC 27711 Phone: 919 541-1512 FAX: 919 541-3207 E-Mail: chin.conrad@epa.gov Agency Contact: Susan Fairchild Environmental Protection Agency Air and Radiation D243-02 Research Triangle Park , NC 27711 Phone: 919 541-5167 FAX: 919 541-3207 E-Mail: fairchild.susan@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AQ20

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Title: Residual Risk and Technology Review Amendments to the Phosphoric Acid and Phosphate Fertilizer Production NESHAPs Abstract: Phosphate rock is the primary raw material for phosphoric acid, which in turn is the raw material for phosphate fertilizer. These two rules are grouped together because their production processes are usually located at the same facility. Part 63 NESHAPs for phosphoric acid and phosphate fertilizer (subparts AA and BB, respectively) were promulgated in June 1999. Facilities subject to these rules were required to be in compliance by June 2002. The Clean Air Act requires EPA to address the risk remaining to the public (i.e., a 'risk review') within eight years after promulgation of the MACT standards. We must also conduct a technology review of the source categories within eight years to determine whether new technology exists to reduce emissions of hazardous air pollutants (HAP) below the levels established by the MACT standards. For purposes of expediency, these two reviews are combined together and called a risk and technology review, or RTR. The amendments will address both risk reduction and technology advancement for the phosphoric acid and phosphate fertilizer source categories. There are no known small businesses in this source category.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: Undetermined CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: Clean Air Act sec 112 Legal Deadline:
Action Source Description Date

NPRM Judicial 01/15/2013 Other Judicial 12/13/2013

Timetable:
Action Date FR Cite
NPRM 01/00/2013
Final Action 01/00/2014

Additional Information: SAN No. 5435Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Local; State Small Entities Affected: No Federalism: No Energy Affected: Undetermined Agency Contact: Susan Fairchild Environmental Protection Agency Air and Radiation D243-02 Research Triangle Park , NC 27711 Phone: 919 541-5167 FAX: 919 541-3207 E-Mail: fairchild.susan@epamail.epa.gov Agency Contact: Steve Fruh Environmental Protection Agency Air and Radiation 1200 Pennsylvania Ave, NW Washington , DC 20460 Phone: 919 541-2837 FAX: 919 541-4991 E-Mail: fruh.steve@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AQ23

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Title: Method 16C for the Determination of Total Reduced Sulfur Emissions From Stationary Sources Abstract: Method 16C is used to determine total reduced sulfur emissions and is being proposed as an alternative to Methods 16, 16A, and 16B for regulated facilities in kraft pulp mills (subpart BB of 40 CFR 60) and other industries that emit these compounds. Method 16C combines the sample oxidation technology of Method 16A with the instrumental technology of Method 6C to provide a user-friendly, real-time procedure. The Agency has allowed its use in the past on a case-by-case basis and now believes it should be made available for general use. This method is not required under any rule and does not add any new testing requirement to the current regulations.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 40 CFR 51, 60, 61, and 63 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 7401 to 7601 Legal Deadline: None

Timetable:
Action Date FR Cite NPRM Comment Period Extended 09/02/2010 75 FR 53908 Final Action 02/00/2012

Additional Information: EPA publication information: NPRM - http://edocket.access.gpo.gov/2010/pdf/2010-21954.pdf

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Local; State Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Foston Curtis Environmental Protection Agency Air and Radiation E143-02 Research Triangle Park , NC 27711 Phone: 919 541-1063 FAX: 919 541-0516 E-Mail: Curtis.Foston@epamail.epa.gov Agency Contact: Conniesue Oldham Environmental Protection Agency Air and Radiation E143-02 Research Triangle Park , NC 27711 Phone: 919 541-7774 FAX: 919 541-0516E-Mail: Oldham.Conniesue@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AQ40

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Title: Residual Risk and Technology Review Amendments to the Secondary Aluminum Production NESHAP Abstract: A secondary aluminum production facility means any establishment using clean charge, aluminum scrap, or dross from aluminum production as the raw material for processing. The existing 40 CFR part 63, subpart RRR National Emission Standards for Hazardous Air Pollutants (NESHAP) for Secondary Aluminum Production facilities was promulgated in 2000. This rule regulates Hazardous Air Pollutants (HAP) from facilities that are major sources of HAP that operate aluminum scrap shredders, thermal chip dryers, scrap dryers/delacquering kilns/decoating kilns, group 2 furnaces, sweat furnaces, dross only furnaces, rotary dross coolers, and secondary aluminum processing units (SAPUs). SAPUs include group 1 furnaces and in-line fluxers. Area sources of HAP are regulated only with respect to emissions of dioxins/furans (D/F) from thermal chip dryers, scrap dryers/delacquering kilns/decoating kilns, sweat furnaces, and SAPUs. Facilities subject to these rules were required to be in compliance by March 2003. Section 112(f)(2) of the Clean Air Act (CAA) directs EPA to conduct risk assessments on each source category subject to maximum achievable control technology (MACT) standards and determine if additional standards are needed to reduce residual risks. The section 112(f)(2) residual risk review is to be done within 8 years after promulgation. Section 112(d)(6) of the CAA requires EPA to review and revise the MACT standards, as necessary, taking into account developments in practices, processes, and control technologies. The section 112(d)(6) technology review is to be done at least every 8 years. These risk and technology reviews for secondary aluminum production facilities will be conducted in this rulemaking, which will address possible residual risks, technology advancements, and technical deficiencies in the existing rule.

Priority: Economically Significant Agenda Stage of Rulemaking: Long-term Action Major: Yes Unfunded Mandates: Undetermined CFR Citation: 40 CFR 112 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 7412; 5 USC 801 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 12/00/2011
Final Action 09/00/2012

Additional Information: EPA Docket information: EPA-HQ-OAR-2010-0544

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Local; State Small Entities Affected: No Federalism: No Energy Affected: Undetermined Agency Contact: Rochelle Boyd Environmental Protection Agency Air and Radiation D243-02 Research Triangle Park , NC 27711 Phone: 919 541-1390 FAX: 919 541-3207 E-Mail: boyd.rochelle@epamail.epa.gov Agency Contact: Steve Fruh Environmental Protection Agency Air and Radiation 1200 Pennsylvania Ave, NW Washington , DC 20460 Phone: 919 541-2837 FAX: 919 541-4991 E-Mail: fruh.steve@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AH93

View Related DocumentsTitle: Revisions to the General Conformity Regulations Abstract: This final action revised the original General Conformity regulations to reduce unnecessary paperwork burden, address transition issues to new NAAQS and to respond to concerns based on the experience of implementing federal agencies.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action Major: No Unfunded Mandates: No CFR Citation: 40 CFR 51.850 to 51.860; 40 CFR 93.150 to 93.160 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 7401 to 7671 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 01/08/2008 73 FR 1402 NPRM Comment Period End 03/10/2008
Final Action 04/05/2010 75 FR 17254

Additional Information: SAN No. 4070; EPA publication information: NPRM -http://www.regulations.gov/search/Regs/home.html#documentDetail?R=09000064803970f4; EPA Docket information: EPA-HQOAR-2006-0669.

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Local; State; Tribal Small Entities Affected: No Federalism: No Energy Affected: No RIN Information URL: www.epa.gov/oar/genconform/regs.htm Agency Contact: H. Lynn Dail Environmental Protection Agency Air and Radiation C539-01 Research Triangle Park , NC 27711 Phone: 919 541-2363 FAX: 919 541-0824 E-Mail: dail.lynn@epa.gov Agency Contact: Kimber Scavo Environmental Protection Agency Air and Radiation C539-01 Research Triangle Park , NC 27711 Phone: 919 541-3354 FAX: 919 541-4028 E-Mail: scavo.kimber@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AJ61

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Title: Evaluation of Updated Test Procedures for the Certification of Gasoline Deposit Control Additives 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. It may be necessary for EPA to consider amending the certification test requirements for deposit control additives to account for the changes in vehicle technology and gasoline composition that occurred since 1996. However, there is no compelling environmental or other need to do so at this time. Therefore, EPA is deferring taking action to amend the gasoline deposit program indefinitely

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action Major: No Unfunded Mandates: No CFR Citation: 40 CFR 80 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: CAA 211Legal Deadline: None

Timetable:
Action Date FR Cite Withdrawn 10/25/2010

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Jeff Herzog Environmental Protection Agency Air and Radiation ASD Ann Arbor , MI 48105 Phone: 734 214-4227 E-Mail: Herzog.Jeff@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AN68

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Title: Control of Air Pollution From New Motor Vehicles and New Motor Vehicle Engines: SAFETEA-LU HOV Facilities Rule Abstract: EPA is not finalizing this rule due to other Agency priorities and the limited time frame for the statute. However, the Agency will be posting on the Office of Transportation and Quality's website an updated list of qualifying vehicles based on the proposed gasoline to hybrid comparison methodology. This regulation establishes criteria for certifying a vehicle as low emitting and energy-efficient. State High-Occupancy-Vehicle (HOV) programs will reference this regulation in their request to Federal Highway Administration for exceptions to the 2-person minimum occupancy HOV requirement.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action Major: No Unfunded Mandates: No CFR Citation: 40 CFR 86 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 23 USC 1121 Legal Deadline:
Action Source Description Date

NPRM Judicial 03/02/2008

Timetable:
Action Date FR Cite
NPRM 05/24/2007 72 FR 29102 Withdrawn 05/21/2010

Additional Information: EPA Docket information: EPA-HQ-OAR-2005-0173

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Mary Manners Environmental Protection Agency Air and Radiation N104 Ann Arbor , MI 48105 Phone: 734 214-4873 E-Mail: manners.mary@epamail.epa.gov Agency Contact: Holly Pugliese Environmental Protection Agency Air and Radiation AAIO Ann Arbor , MI 48105 Phone: 734 214-4288 E-Mail: pugliese.holly@epa.govEnvironmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AO15

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Title: NESHAP: Portland Cement Notice of Reconsideration and NSPS for Portland Cement Abstract: The Portland Cement Manufacturing Industry National Emission Standards for Hazardous Air Pollutants (NESHAP) was promulgated June 14, 1999, and has been codified in 40 Code of Federal Regulations 63, Subpart LLL. This rule regulates emissions of air toxics from all facilities that produce Portland cement from raw materials such as limestone. (Note that cement kilns that burn hazardous waste are covered under a different air toxics rule). The Sierra Club and the National Lime Association petitioned the court to review Subpart LLL, while the American Portland Cement Alliance (APCA, now the Portland Cement Association - PCA) opted to negotiate a settlement agreement. (Note that a separate rulemaking amended Subpart LLL to implement the settlement agreement with the APCA -- SAN 4524, RIN 2060-AJ57, Tier 3.) On December 15, 2000, a panel of the D.C. Circuit issued its opinion in National Lime Association 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 HAP metals, for which particulate matter (PM) is a surrogate. On December 20, 2006, EPA published final amendments to the Portland cement air toxics rule to respond to the December 2000 remand (SAN 4585, RIN 2060-AJ78, Tier 3). At the same time as the final amendments were published, EPAalso published a notice of reconsideration of the final new source limits for mercury and total hydrocarbons (a surrogate for nondioxin organic toxic air pollutants), and a reconsideration of the ban on the use of certain mercury containing fly ash in both new and existing cement kilns. The Agency took this action because there were still substantive technical issues and there was not sufficient opportunity for public comment on parts of the final action. EPA also granted a petition to reconsider the existing source emissions limits for mercury and THC, and also our decision not to regulate hydrochloric acid emissions. As part of this reconsideration, EPA has conducted extensive data gathering and analysis, including requirements for emissions testing. Based on evaluation of the gathered data, on May 6, 2009, EPA proposed numerical emissions limits for mercury, total hydrocarbons, and hydrochloric acid for both new and existing cement kilns In addition, we significantly lowered the cement kiln new and existing source particulate matter standards In addition this action will address New Source Performance Standards (NSPS) criteria pollutants from new stationary sources. The Portland Cement NSPS were originally promulgated in 1971, and last reviewed in 1988. Section 111 of the Clean Air Act requires that NSPS be reviewed every 8 years, and revised as appropriate, so the review is overdue. Amendments to the NSPS were proposed on June 16 2008, under a different rulemaking (2060-A042). EPA has combined the NSPS amendments and the rulemaking on air toxics into one action.

Priority: Economically Significant Agenda Stage of Rulemaking: Completed Action
Major: Yes Unfunded Mandates: State, Local, Or Tribal Governments; Private Sector CFR Citation: 40 CFR 63.1340 to 63.1359 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 7412 Legal Deadline:
Action Source Description Date

NPRM Judicial 04/21/2009 Other Judicial 06/06/2010

Timetable:
Action Date FR Cite
NPRM 05/06/2009 74 FR 21135 Notice of Public Hearings and Extension of Public Comment Period 06/09/2009 74 FR 27265 NPRM Comment Period End 07/06/2009 NPRM Comment Period Extended To 09/04/2009
Final Action 09/09/2010 75 FR 54970 Final Action Effective 11/08/2010

Additional Information: SAN No. 4585.1; EPA publication information: NPRM - http://edocket.access.gpo.gov/2009/pdf/E9- 10206.pdf; Split from RIN 2060-AJ78; EPA Docket information: EPA-HQ-OAR-2002-0051.

Regulatory Flexibility Analysis Required: No Government Levels Affected: Local; State; Tribal Small Entities Affected: Business Federalism: No Energy Affected: No Agency Contact: Keith Barnett Environmental Protection Agency Air and Radiation D243-02 Research Triangle Park , NC 27711Phone: 919 541-5605 FAX: 919 541-3207 E-Mail: Barnett.Keith@epa.gov Agency Contact: Steve Fruh Environmental Protection Agency Air and Radiation 1200 Pennsylvania Ave, NW Washington , DC 20460 Phone: 919 541-2837 FAX: 919 541-4991 E-Mail: fruh.steve@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AO24

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Title: Prevention of Significant Deterioration for PM2.5—Increments, Significant Impact Levels, and Significant Monitoring Concentrations Abstract: EPA is finalizing regulations under the Prevention of Significant Deterioration (PSD) program to establish new increments, significant impact levels (SILs) and a significant monitoring concentration (SMC) for fine particulate matter (particles with an aerometric diameter less than or equal to a nominal 2.5 micrometers, “PM2.5”). These regulations are consistent with section 166 of the Clean Air Act which authorizes the Environmental Protection Agency to establish regulations to prevent significant deterioration of air quality due to emissions of any pollutant for which National Ambient Air Quality Standards (NAAQS) have been promulgated. The NAAQS for PM2.5 were promulgated in 1997. To help facilitate the states’ implementation of the preconstruction review permit process, this action will also establish screening tools (SILs and SMC) to determine when sources must complete analyses to satisfy specific requirements associated with the evaluation of PM2.5 impacts.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action Major: No Unfunded Mandates: No CFR Citation: 40 CFR 52.21; 40 CFR 51.166 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 7410; 42 USC 7470-7479; 42 USC 7501-7503; 42 USC 7601(a)(1) Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 09/21/2007 72 FR 54112 Notice of Extension of Comments 11/20/2007 72 FR 65282 NPRM Comment Period End 01/08/2008
Final Action 10/20/2010 75 FR 64864

Additional Information: EPA publication information: NPRM -http://www.regulations.gov/search/Regs/home.html#documentDetail?R=090000648029651b; EPA Docket information: EPA-HQOAR-2006-0605

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Local; State; Tribal Small Entities Affected: No Federalism: No Energy Affected: No RIN Information URL: http://www.epa.gov/nsr/ Agency Contact: Dan deRoeck Environmental Protection Agency Air and Radiation C504-03 Research Triangle Park , NC 27711 Phone: 919 541-5593 FAX: 919 685-3009 E-Mail: Deroeck.Dan@epamail.epa.gov Agency Contact: Raj Rao Environmental Protection Agency Air and Radiation C504-03 Research Triangle Park , NC 27711Phone: 919 541-5344 FAX: 919 541-5509 E-Mail: Rao.Raj@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AO38

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Title: Control of Emissions From New Marine Compression—Ignition Engines At or Above 30 Liters per Cylinder Abstract: Category 3 marine diesel engines (those with per cylinder displacement greater than 30 liters) are very large engines that are used for propulsion power in ocean-going vessels. Emissions from these engines contribute significantly to unhealthful levels of ambient particulate matter and ozone in many parts of the United States. These engines are highly mobile and are not easily controlled at a state or local level. EPA currently regulates emissions from Category 3 marine diesel engines on ships flagged in the United States. This rulemaking will consider long-term nitrogen oxides (NOx) standards for new Category 3 marine diesel engines that would require the use of high efficiency aftertreatment technology. We are considering standards equivalent to the limits for NOx recently adopted by the International Maritime Organization, which are based on the position advanced by the United States Government as part of the international negotiations. We are also considering a revision to our diesel fuel program under the Act to allow for the manufacture and sale of marine diesel fuel with a sulfur content up to 1,000 ppm for use in Category 3 engines. The proposal would be part of a coordinated strategy, the other components of which would consist of the new amendments to MARPOL Annex VI that will extend these standards to foreign vessels (through the Act to Prevent Pollution from Ships) and pursuing Emission Control Area (ECA) designation for U.S. coastal areas in accordance with MARPOL Annex VI. Implementation of this coordinated strategy will ensure that all ships that affect U.S. air quality meet stringent NOx and fuel sulfur requirements. A recent D.C. Circuit decision (February 2009) upheld EPA's deadline of 12/17/09 based on EPA's commitment in the regulation to meet that deadline for the final Category 3 rule. EPA finalized this rule on December 18, 2009.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action Major: No Unfunded Mandates: No CFR Citation: 40 CFR 1042; 40 CFR 1065; 40 CFR 94; 40 CFR 80 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 7547; 42 USC 7545 Legal Deadline:
Action Source Description Date

Other Judicial 12/17/2009

Timetable:
Action Date FR Cite
ANPRM 12/07/2007 72 FR 69521
NPRM 08/28/2009 74 FR 44441 Final Action 04/30/2010 75 FR 22895

Additional Information: EPA Docket information: EPA-HQ-OAR-2007-0121

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: Business Federalism: No Energy Affected: No International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest. RIN Information URL: www.epa.gov/otaq/oceanvessels.htm Agency Contact: Jean Revelt Environmental Protection Agency Air and Radiation OAR/OTAQ/ASD Ann Arbor , MI 48105 Phone: 734 214-4822 FAX: 734 214-4050 E-Mail: revelt.jean-marie@epa.gov Agency Contact: Michael Samulski Environmental Protection Agency Air and Radiation USEPAAnn Arbor , MI 48105 Phone: 734 214-4532 E-Mail: Samulski.Michael@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AO42

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Title: Review of New Source Performance Standards—Portland Cement Abstract: As of July 27, 2010 this action has been combined into NESHAP: Portland Cement Notice of Reconsideration, RIN 2060-AO15, SAN 4585.1

Priority: Economically Significant Agenda Stage of Rulemaking: Completed Action Major: Yes Unfunded Mandates: Private Sector CFR Citation: 40 CFR 60 subpart F (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: Clean Air Act sec 111 Legal Deadline:
Action Source Description Date

NPRM Judicial Court ordered deadline 05/31/2008 Other Judicial Court ordered deadline, 60-day extension granted 06/06/2010

Timetable:
Action Date FR Cite
NPRM 06/16/2008 73 FR 34072 Extension of Comment Period 08/13/2008 73 FR 47119 Withdrawn 09/01/2010

Additional Information: EPA publication information: NPRM - http://www.regulations.gov/search/Regs/home.html#documentDetail?R=09000064806286b4; EPA Docket information: EPA– HQ–OAR–2007–0877

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Local; State; Tribal Small Entities Affected: Business Federalism: No Energy Affected: No Sectors Affected: 32731 Agency Contact: Keith Barnett Environmental Protection Agency Air and Radiation D243-02 Research Triangle Park , NC 27711 Phone: 919 541-5605 FAX: 919 541-3207 E-Mail: Barnett.Keith@epa.gov Agency Contact: Steve Fruh Environmental Protection Agency Air and Radiation 1200 Pennsylvania Ave, NW Washington , DC 20460 Phone: 919 541-2837 FAX: 919 541-4991 E-Mail: fruh.steve@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AO48

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Title: Review of the Primary National Ambient Air Quality Standard for Sulfur Dioxide Abstract: Under the Clean Air Act, EPA is required to review and, if appropriate, revise the air quality criteria for the primary(health-based) and secondary (welfare-based) national ambient air quality standards (NAAQS) every 5 years. On May 22, 1996, EPA published a final decision that revisions of the primary and secondary NAAQS for Sulfur Dioxide (SO2) were not appropriate at that time, aside from several minor technical changes. That action provided the Administrator's final determination, after careful evaluation of comments received on the November 1994 proposal, that significant revisions to the primary and secondary NAAQS for SO2 would not be made at that time. In 2006, EPA's Office of Research and Development initiated the current periodic review of SO2 air quality criteria, the scientific basis for the NAAQS, with a call for information in the Federal Register. Subsequently, the decision was made to separate the reviews of the primary and secondary SO2 standards, and to combine the SO2 secondary-standard review with the secondary-standard review of Nitrogen Dioxide (NO2) due to their linkage in terms of effects and atmospheric chemistry. That joint review of the SO2 and NO2 secondary standards is part of a separate regulatory action described elsewhere in this Regulatory Plan under the identifying number (RIN) 2060- AO72. The regulatory action described here is for the Agency's review of the primary SO2 NAAQS. This review includes the preparation of an Integrated Science Assessment, Risk/Exposure Assessment, and a Policy Assessment. These documents were reviewed by EPA's Clean Air Scientific Advisory Committee and the public. These documents inform the Administrator's proposed decision as to whether to retain or revise the standards. A final rule was published in the Federal Register (75 FR 35520) on June 22, 2010. The final rule is effective on August 23, 2010. EPA is revising the primary SO2 NAAQS to provide requisite protection of public health with an adequate margin of safety. Specifically, EPA is establishing a new 1-hour SO2 standard at a level of 75 parts per billion based on the 3-year average of the annual 99th percentile of 1-hour daily maximum concentrations. EPA is also revoking both the existing 24-hour and annual primary SO2 standards.

Priority: Economically Significant Agenda Stage of Rulemaking: Completed Action Major: Yes Unfunded Mandates: No CFR Citation: 40 CFR 50 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 7408; 42 USC 7409 Legal Deadline:
Action Source Description Date

NPRM Judicial 11/16/2009 Other Judicial 06/02/2010

Timetable:
Action Date FR Cite
NPRM 12/08/2009 74 FR 64810 NPRM Comment Period End 02/08/2010
Final Action 06/22/2010 75 FR 35519 Final Action Effective 08/23/2010

Additional Information: EPA publication information: NPRM -http://www.regulations.gov/search/Regs/home.html#documentDetail?R=0900006480a666ec; EPA Docket information: EPA-HQOAR-2007-0352

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Local; State; Tribal Small Entities Affected: No Federalism: No Energy Affected: No RIN Information URL: http://www.epa.gov/ttn/naaqs/standards/so2/s_so2_index.html Agency Contact: Michael Stewart Environmental Protection Agency Air and Radiation C504-06 Research Triangle Park , NC 27711 Phone: 919 541-7524 FAX: 919 541-0237 E-Mail: stewart.michael@epa.gov Agency Contact: Karen Martin Environmental Protection Agency Air and Radiation C504-06 Research Triangle Park , NC 27711 Phone: 919 541-5274 FAX: 919 541-0237 E-Mail: Martin.Karen@epamail.epa.govEnvironmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AO71

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Title: Regulation of Fuels and Fuel Additives: Alternative Affirmative Defense Requirements for Ultra-Low Sulfur Diesel and Gasoline Benzene Technical Amendment Abstract: This rule provides flexibility to refiners, importers and distributors of diesel fuel by amending the ultra-low sulfur diesel (ULSD) regulations to allow a nationwide sampling and testing program to be used as an alternative means of meeting the sampling and testing defense elements under 40 CFR section 80.613. This alternative method would consist of a comprehensive program of quality assurance sampling and testing calculated to achieve the same objectives as the current regulatory quality assurance requirement; i.e. that the sulfur content in ULSD does not exceed regulatory limits. This rule also amended the gasoline benzene regulations to allow disqualified small refiners the same opportunity to generate gasoline benzene credits as that afforded to non-small refiners and this proposed and final rule was finalized on May 3, 2010.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action Major: No Unfunded Mandates: No CFR Citation: 40 CFR 80 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: Clean Air Act sec 211 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 05/11/2010 75 FR 26165 Direct Final Action 05/11/2010 75 FR 26121

Additional Information: EPA Docket information: EPA-HQ-OAR-2007-1158

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Jaimee Dong Environmental Protection Agency Air and Radiation 6406J Washington , DC 20460 Phone: 202 343-9672 FAX: 202 343-2802 E-Mail: Dong.Jaimee@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AO92

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Title: National Emission Standards for Hazardous Air Pollutants for Chromium Electroplating, Chromium Anodizing, and Steel Pickling Residual Risk and Technology Review Abstract: As of July 28, 2010 this action has been combined into RIN 2060-AO91, Risk and Technology Review - Marine Tank Vessel Loading, Pharmaceutical Production and Printing and Publishing - Bin 1, SAN 5093.2.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action Major: No Unfunded Mandates: No CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: CAA sec 112(f)(2); CAA sec 112(d)(6) Legal Deadline: None

Timetable:
Action Date FR Cite Withdrawn 07/29/2010

Additional Information: Split from RIN 2060-AN85.Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Sectors Affected: 3364; 3313; 32731; 3314; 32411; 331492; 22132 Agency Contact: Phil Mulrine Environmental Protection Agency Air and Radiation D243-02 Research Triangle Park , NC 27711 Phone: 919 541-5289 FAX: 919 541-3207 E-Mail: mulrine.phil@epa.gov Agency Contact: Steve Fruh Environmental Protection Agency Air and Radiation 1200 Pennsylvania Ave, NW Washington , DC 20460 Phone: 919 541-2837 FAX: 919 541-4991 E-Mail: fruh.steve@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AP29

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Title: Transportation Conformity PM2.5 and PM10 Amendments Abstract: The final rule for transportation conformity rule ensures that transportation planning is consistent with a state's plan for achieving air quality standards. These technical amendments would clarify (1) how certain highway and transit projects meet statutory conformity requirements for particulate matter, to respond to a December 2007 court ruling, and (2) how to implement conformity requirements in light of the revocation of the October 17, 2006 revisions to the PM10 and 24-hour PM2.5 standards. This rule was finalized on March 10, 2010.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action Major: No Unfunded Mandates: No CFR Citation: 40 CFR 93 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: Clean Air Act sec 176(c); 42 USC 7506(c) Legal Deadline:
Action Source Description Date

Other Statutory CAA gives new areas 1 year before conformity applies, from effective date of designation (3/09). Rule needed for new areas. 03/01/2009

Timetable:
Action Date FR Cite
NPRM 05/15/2009 74 FR 23024 Final Action 03/24/2010 75 FR 14259 Final Action Effective 04/21/2010

Additional Information: EPA publication information: NPRM - http://www.epa.gov/fedrgstr/EPA-AIR/2009/May/Day15/a11184.pdf; EPA Docket information: EPA-HQ-OAR-2008-0540

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Laura Berry Environmental Protection Agency Air and Radiation AASMCG Ann Arbor , MI 48105 Phone: 734 214-4858 E-Mail: Berry.Laura@epamail.epa.gov Agency Contact: Patty Klavon Environmental Protection AgencyAir and Radiation AASMCG Ann Arbor , MI 48105 Phone: 734 214-4476 E-Mail: klavon.patty@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AP58

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Title: EPA/NHTSA Joint Rulemaking to Establish Light-Duty Greenhouse Gas Emission Standards and Corporate Average Fuel Economy Standards Abstract: EPA finalized plans to set national emissions standards under section 202 (a) of the Clean Air Act to control greenhouse gas (GHG) emissions from passenger cars and light-duty trucks, and medium-duty passenger vehicles, as part of a joint rulemaking with the National Highway Traffic Safety Administration (NHTSA). This joint rulemaking effort was announced by President Obama on May 19, 2009. EPA and NHTSA published a joint Notice of Proposed Rulemaking in the Federal Register on September 28, 2009. The GHG standards would significantly reduce the GHG emissions from these light-duty vehicles. The standards will be phased in beginning with the 2012 model year through model year 2016. The joint final rule is expected to be signed by EPA and NHTSA by March 31, 2010. EPA's final action follows EPA's final findings, published December 15, 2009, that emissions of greenhouse gases may reasonably be anticipated to endanger public health or welfare, and that emissions from new motor vehicles and motor vehicle engines contribute to the atmospheric concentrations of these greenhouse gases and hence to the threat of climate change. This rule was finalized on April 1, 2010.

Priority: Economically Significant Agenda Stage of Rulemaking: Completed Action Major: Yes Unfunded Mandates: Private Sector CFR Citation: 40 CFR 86 and 600 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: Clean Air Act sec 202(a) Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 09/28/2009 74 FR 49453 Final Action 05/07/2010 75 FR 25323 Final Action Effective 07/06/2010

Additional Information: Related to RIN 2127–AK90; EPA Docket information: EPA-HQ-OAR-2009-0472

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Related RINs: Related to 2127-AK50 Agency Contact: Robin Moran Environmental Protection Agency Air and Radiation ASD Ann Arbor , MI 48105 Phone: 734 214-4781 FAX: 734 214-4816 E-Mail: Moran.Robin@epamail.epa.gov Agency Contact: Chris Lieske Environmental Protection Agency Air and Radiation ASD Ann Arbor , MI 48105 Phone: 734 214-4584 FAX: 734 214-4816 E-Mail: lieske.christopher@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AP59View Related Documents

Title: Protection of Stratospheric Ozone: Allocation of Essential Use Allowances for Calendar Year 2010 Abstract: This rule allocates essential use allowances for the import and production of Class I ozone depleting substances for 2010. Essential use allowances enable a person to produce or import controlled Class I ozone depleting substances under the essential use exemption to the regulatory phaseout of these chemicals, which became effective on January 1, 1996. The production of these chemicals was phased out internationally due to their harmful effects on the earth's ozone layer. EPA has promulgated rules to allocate new production under this exemption since the 1996 phase out. The essential users under this rulemaking are manufacturers of important medical devices such as asthma inhalers.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action Major: No Unfunded Mandates: No CFR Citation: 40 CFR 82 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 7414; 42 USC 7601; 42 USC 7671 to 7671q Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 12/11/2009 74 FR 65719 Final Action 05/10/2010 75 FR 25780

Additional Information: EPA publication information: NPRM -http://www.regulations.gov/search/Regs/home.html#documentDetail?R=0900006480a6928e; EPA Docket information: EPA-HQOAR -2009-0566

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest. RIN Information URL: http://www.epa.gov/ozone/title6/exemptions/essential.html Sectors Affected: 3254 Agency Contact: Jeremy Arling Environmental Protection Agency Air and Radiation 6205J Washington , DC 20460 Phone: 202 343-9055 FAX: 202 343-2338 E-Mail: Arling.Jeremy@epamail.epa.gov Agency Contact: Ross Brennan Environmental Protection Agency Air and Radiation 6205J Washington , DC 20460 Phone: 202 343-9226 E-Mail: Brennan.Ross@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AP62

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Title: Protection of Stratospheric Ozone: The 2010 Critical Use Exemption From the Phaseout of Methyl Bromide Abstract: This action authorizes uses that qualify for the 2010 critical use exemption from the phaseout of methyl bromide, and authorizes the amount of methyl bromide that may be produced, imported, or supplied from inventory for those uses in 2010. EPA took this action under the authority of the Clean Air Act to reflect consensus Decisions taken by the Parties to the Montreal Protocol on Substances that Deplete the Ozone Layer at the 20th Meeting of the Parties. The Parties have approved critical use methyl bromide every year since the phaseout in 2005. Since this rulemaking confers a benefit by exempting the production and use of a phased-out chemical, there is no significant adverse impact on small entities.Priority: Other Significant Agenda Stage of Rulemaking: Completed Action Major: No Unfunded Mandates: No CFR Citation: 40 CFR 82 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 7671c(d)(6) Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 11/23/2009 74 FR 61078 Final Action 05/03/2010 75 FR 23167

Additional Information: EPA publication information: NPRM -http://www.regulations.gov/search/Regs/home.html#documentDetail?R=0900006480a5c83b; EPA Docket information: EPA-HQOAR-2009-0351

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest. RIN Information URL: http://www.epa.gov/ozone/mbr Agency Contact: Jeremy Arling Environmental Protection Agency Air and Radiation 6205J Washington , DC 20460 Phone: 202 343-9055 FAX: 202 343-2338 E-Mail: Arling.Jeremy@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AP78

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Title: Air Quality Designations for the 2008 Lead National Ambient Air Quality Standards Abstract: This action will establish initial air quality designations for all areas of the United States under the revised 2008 lead NAAQS. Designations of attainment, nonattainment, or unclassifiable are based upon air quality monitoring data and other relevant information pertaining to the air quality in the affected area, including whether an area contributes to a violation of the standard in a nearby area. EPA is required to make the final initial designations no later than 2 years from the October 15, 2008 promulgation of the revised NAAQS, although EPA can extend this deadline by up to 1 year if necessary to gather additional information. Therefore, the EPA will finalize a first round of designations by 11/00/10, and will complete a second round in 11/00/11 to consider additional data being collected from the expanded lead monitoring network promulgated with the final lead NAAQS.

Priority: Info./Admin./Other Agenda Stage of Rulemaking: Completed Action Major: No Unfunded Mandates: No CFR Citation: 40 CFR 81 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: CAA sec 107(d), 42 USC 7407(d) Legal Deadline:
Action Source Description Date

Other Statutory CAA requires EPA to issue designations no later than 2 years from the 10/15/08 promulgation of the revised lead NAAQS. 10/15/2010

Timetable:
Action Date FR Cite Final Rule 11/22/2010 75 FR 71033 Final Rule Effective 12/31/2010

Additional Information: EPA Docket information: EPA-HQ-OAR-2009-0443Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Rhonda Wright Environmental Protection Agency Air and Radiation C539-04 Research Triangle Park , NC 27709 Phone: 919 541-1087 FAX: 919 541-0824 E-Mail: Wright.Rhonda@epa.gov Agency Contact: Rhea Jones Environmental Protection Agency Air and Radiation C539-04 Research Triangle Park , NC 27711 Phone: 919 541-2940 FAX: 919 541-0824 E-Mail: Jones.Rhea@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AP86

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Title: Prevention of Significant Deterioration/Title V Greenhouse Gas Tailoring Rule Abstract: With this action, EPA applies a tailored approach to the applicability major source thresholds for greenhouse gases under the Prevention of Significant Deterioration (PSD) and title V programs of the Clean Air Act (CAA or Act) by raising those thresholds. EPA is has issued this rulemaking because greenhouse gas (GHG) emissions will become subject to regulation pursuant to the CAA as of January 2, 2011. One consequence of our subjecting GHG emissions to regulatory controls is that the requirements of existing air permit programs, namely the prevention of significant deterioration (PSD) preconstruction permitting program for major stationary sources and the title V operating permits program, would be triggered for GHG emission sources. At the statutory applicability levels under the CAA, tens of thousands of projects every year would need permits under the PSD program, and millions of sources would become subject to the title V program. These numbers of permits are orders of magnitude greater than the current number of permits under these permitting programs and would vastly exceed the administrative capacity of the permitting authorities. By tailoring the applicability thresholds, this rule allows actions to be taken by EPA and states to build capacity and streamline permitting.

Priority: Economically Significant Agenda Stage of Rulemaking: Completed Action Major: Yes Unfunded Mandates: No CFR Citation: 40 CFR 51, 52, 70, and 71 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: Clean Air Act title I Legal Deadline:
Action Source Description Date

NPRM Judicial 08/05/2010

Timetable:
Action Date FR Cite
NPRM 10/27/2009 74 FR 55292 NPRM Comment Period End 12/28/2009
Final Action 06/03/2010 75 FR 31514 Final Action Effective 08/02/2010

Additional Information: EPA publication information: NPRM -http://www.regulations.gov/search/Regs/home.html#documentDetail?R=0900006480a4c6ba; EPA Docket information: EPA-HQOAR-2009-0517

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Local; State; Tribal Small Entities Affected: No Federalism: No Energy Affected: No RIN Information URL: www.epa.gov/nsrAgency Contact: Joseph Mangino Environmental Protection Agency Air and Radiation C504-03 Research Triangle Park , NC 27711 Phone: 919 541-9778 FAX: 919 685-3105 E-Mail: Mangino.Joseph@epamail.epa.gov Agency Contact: Juan Santiago Environmental Protection Agency Air and Radiation C504-03 Research Triangle Park , NC 27711 Phone: 919 541-1084 FAX: 919 541-5509 E-Mail: santiago.juan@epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AP91

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Title: Requirements for Control Technology Determinations for Major Sources in Accordance With Clean Air Act Sections, Sections 112(g) and 112(j) Abstract: As required by Clean Air Act section 112(j), in cases where EPA fails to promulgate a Maximum Achievable Control Technology (MACT) standard for a major source category, the owner or operator of a source in that category must obtain an operating permit with case-by-case emission limitations determined to be equivalent to MACT. EPA's program for implementing this requirement is codified at 40 CFR part 63, subpart B. In this action, we are revising subpart B to address the process for obtaining case-by-case MACT determinations in the case of standards vacatur. We are also reformatting the rule to streamline it and make it easier to understand. There has been significant confusion from permitting authorities on how this program works in the case of vacaturs.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action Major: No Unfunded Mandates: No CFR Citation: 40 CFR 63 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: CAA Sec 112 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 03/30/2010 75 FR 15655 NPRM Comment Period End 04/29/2010
Final Action 04/29/2010 75 FR 22548

Additional Information: EPA publication information: NPRM - http://www.regulations.gov/search/Regs/home.html#documentDetail?R=0900006480acc241

Regulatory Flexibility Analysis Required: No Government Levels Affected: State Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Brian Stitt Environmental Protection Agency Air and Radiation D205-02 Research Triangle Park , NC 27711 Phone: 919 541-3757 E-Mail: stitt.brian@epa.gov Agency Contact: Lisa Conner Environmental Protection Agency Air and Radiation D205-02 Research Triangle Park , NC 27711 Phone: 919 541-5060 FAX: 919 541-5600 E-Mail: conner.lisa@epamail.epa.govEnvironmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AP95

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Title: National Emission Standards for Hazardous Air Pollutant Emissions: Group I Polymers and Resins Abstract: As of July 28, 2010 this action has been combined into RIN 2060-AO91, Risk and Technology Review - Marine Tank Vessel Loading, Pharmaceutical Production and Printing and Publishing - Bin 1.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action Major: No Unfunded Mandates: No CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: CAA301 Legal Deadline:
Action Source Description Date

Other Statutory Potential settlement date. 05/31/2010

Timetable:
Action Date FR Cite Withdrawn 07/28/2010

Additional Information: SAN No. 5389.

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Mary Kissell Environmental Protection Agency Air and Radiation E143-01 Research Triangle Park , NC 27711 Phone: 919 541-4516 FAX: 919 685-3219 E-Mail: Kissell.Mary@epa.gov Agency Contact: Ken Hustvedt Environmental Protection Agency Air and Radiation E143-01 Research Triangle Park , NC 27711 Phone: 919 541-5395 FAX: 919 685-3200 E-Mail: hustvedt.ken@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AQ03

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Title: Regulation To Establish Mandatory Reporting of GHGs From Industrial Landfills, Wastewater, Underground Coal Mines, and Magnesium Production Abstract: On October 30, 2009, EPA finalized a rule establishing GHG reporting requirements for approximately 10,000 facilities and suppliers in the U.S. (74 FR 56260). There were a few source categories originally included in the proposed rule (74 FR 16448) that were not included in the final rule promulgated in October in order to provide EPA more time to review and respond to the comments. Several of those delayed source categories are being re-proposed in separate actions. After further review of the comments, we determined that four of the remaining source categories, Industrial Wastewater, Industrial Landfills, Underground Coal Mines, and Magnesium Production, do not need to be re-proposed but rather we are responding to the comments and going final with those subparts in this action.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action Major: No Unfunded Mandates: NoCFR Citation: 40 CFR 98 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 7401 et seq Legal Deadline: None

Timetable:
Action Date FR Cite Final Action 07/12/2010 75 FR 39736

Additional Information: SAN No. 5242.1; EPA publication information: NPRM - http://edocket.access.gpo.gov/2009/pdf/E9- 5711.pdf; Split from RIN 2060-AO79; EPA Docket information: EPA-HQ-OAR-2008-0508.

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: Business Federalism: No Energy Affected: No RIN Information URL: www.epa.gov/climatechange/emissions/ghgrulemaking.html Related RINs: Related to 2060-AO79 Agency Contact: Rachel Schmeltz Environmental Protection Agency Air and Radiation 6207J Washington , DC 20460 Phone: 202 343-9124 E-Mail: Schmeltz.rachel@epa.gov Agency Contact: Carole Cook Environmental Protection Agency Air and Radiation 6207J Washington , DC 20460 Phone: 202 343-9334 E-Mail: Cook.Carole@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AQ12

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Title: Tier II Light-Duty Vehicle and Light-Duty Truck Emission Standards and Gasoline Sulfur Standards Abstract: On February 10, 2000 (65 FR 6698), EPA promulgated a regulation to require emission standards for light-duty vehicles and light-duty trucks through lowering tailpipe emission standards. Specifically, EPA sought to reduce emissions of nitrogen oxides and non-methane hydrocarbons, pollutants which contribute to ozone pollution. The rulemaking also provided limitations on the sulfur content of gasoline available nationwide. Sulfur in gasoline has a detrimental impact on catalyst performance and could be a limiting factor in the introduction of advanced technologies on motor vehicles. Pursuant to section 610 of the Regulatory Flexibility Act, on February 19, 2010, EPA initiated a review of this rule to determine if it should be continued without change, or should be rescinded or amended to minimize adverse economic impacts on small entities (75 FR 7426). EPA has 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. No relevant comments were received, and EPA has concluded that the rule needs no revisions at this time to minimize impacts on small entities. See EPA's report summarizing the results of this review in the docket EPA-HQ-OAR-2010-0052. This docket can be accessed at www.regulations.gov.

Priority: Info./Admin./Other Agenda Stage of Rulemaking: Completed Action Major: No Unfunded Mandates: No CFR Citation: 40 CFR 80, 85, 86 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 5 USC 610 Legal Deadline: None

Timetable:
Action Date FR Cite Final Action 02/10/2000 65 FR 6698 Begin Review 02/19/2010 75 FR 7426End Comment Period 03/22/2010
End Review 06/11/2010

Additional Information: EPA publication information: Final Action - http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi? dbname=2000_register&docid=page+6697-6746.pdf; Related to RIN 2060-AI23; EPA Docket information: EPA-HQ-OAR-2010- 0052

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Tad Wysor Environmental Protection Agency Air and Radiation USEPA Ann Arbor , MI 48105 Phone: 734 214-4332 FAX: 734 214-4816 E-Mail: Wysor.Tad@epamail.epa.gov Agency Contact: Tom Eagles Environmental Protection Agency Air and Radiation 6103A Washington , DC 20460 Phone: 202 564-1952 FAX: 202 564-1554 E-Mail: Eagles.Tom@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AQ13

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Title: National Emission Standards for Hazardous Air Pollutants for Reciprocating Internal Combustion Engines—Existing Stationary Spark Ignition (Gas-Fired) Abstract: The action establishes NESHAP for existing stationary spark ignition (gas-fired) RICE that are either located at area sources of HAP or are 500 HP or less and located at major sources of HAP. EPA has previously promulgated NESHAP for new stationary RICE located at major sources of HAP emissions, existing stationary spark ignition (gas-fired) engines that have a site rating of greater than 500 brake hp and are located at major sources of HAP emissions, and new stationary RICE located at area sources of HAP emissions.

Priority: Economically Significant Agenda Stage of Rulemaking: Completed Action Major: Yes Unfunded Mandates: No CFR Citation: 40 CFR 63 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 7412(d) Legal Deadline:
Action Source Description Date

Other Judicial Consent decree for NESHAP for existing engines <500 HP at major source and existing all HP at area source 08/10/2010

Timetable:
Action Date FR Cite
NPRM 03/05/2009 74 FR 9698 NPRM Comment Period End 05/04/2009
Final Action 08/20/2010 75 FR 51569

Additional Information: EPA publication information: Final Action - http://edocket.access.gpo.gov/2010/pdf/2010-20298.pdf; Split from RIN 2060-AP36; EPA Docket information: EPA-HQ-OAR-2008-0708

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Local; State Small Entities Affected: Business Federalism: No Energy Affected: No Agency Contact: Melanie King Environmental Protection AgencyAir and Radiation D243-01 Research Triangle Park , NC 27711 Phone: 919 541-2469 E-Mail: king.melanie@epamail.epa.gov Agency Contact: Robert Wayland Environmental Protection Agency Air and Radiation D243-01 Research Triangle Park , NC 27711 Phone: 919 541-1045 FAX: 919 541-5450 E-Mail: Wayland.RobertJ@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AQ14

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Title: National Emission Standards for Hazardous Air Pollutants: Area Source Standards for Paints and Allied Products Manufacturing; Direct Final Abstract: Section 112 (k) of the Clean Air Act requires the development of standards for area sources that account for 90% of the emissions in urban areas of the 30 urban hazardous air pollutants (HAP) listed in the Integrated Urban Air Toxics Strategy. The Integrated Urban Air Toxics Strategy lists paints and allied products manufacturing as an area source category. This action will revise the definition of target HAP-containing material to add, "or greater than 1.0 percent for noncarcinogens." The definition already indicates that target HAP-containing material includes carcinogens present in amounts greater than 0.1 percent. The level for noncarcinogens was inadvertently omitted from the rule. Inclusion of 1.0 percent and 0.1 percent levels for noncarcinogens and carcinogens, respectively, is consistent with the TRI and OSHA Hazard Communications levels and other recent area source rules.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action Major: No Unfunded Mandates: No CFR Citation: 40 CFR 63 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: Clean Air Act sec112 Legal Deadline: None

Timetable:
Action Date FR Cite Direct Final Action 06/03/2010 75 FR 31317

Additional Information: EPA publication information: Direct Final Action - http://www.regulations.gov/search/Regs/home.html#searchResults? Ne=11+8+8053+8098+8074+8066+8084+1&Ntt=501.2&Ntk=All&Ntx=mode+matchall&N=0; Split from RIN 2060-AN47; EPA Docket information: EPA-HQ-OAR-2008-0053

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Melissa Payne Environmental Protection Agency Air and Radiation C404-05 Research Triangle Park , NC 27711 Phone: 919 541-3609 FAX: 919 541-0242 E-Mail: payne.melissa@epa.gov Agency Contact: Chebryll Edwards Environmental Protection Agency Air and Radiation C404-05 Research Triangle Park , NC 27711 Phone: 919 541-5428 FAX: 919 541-0242 E-Mail: Edwards.Chebryll@epamail.epa.govEnvironmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AQ15

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Title: Minor Harmonizing Changes to General Provisions of the GHG Mandatory Reporting Rule Abstract: This action was finalized in the rule that was published on July 14, 2010 (75 FR 39736). It made minor harmonizing changes to the general provisions for the greenhouse gas reporting rule (40 CFR part 98, subpart A) to accommodate the addition of source categories not included in the 2009 final rule. This included subparts proposed in April 2009 but not finalized in 2009, and any new subparts that may be proposed in the future. The rule updated 40 CFR 98.2(a) on rule applicability and 40 CFR 98.3 regarding the reporting schedule to accommodate any additional subparts and the schedule for their reporting obligations (e.g., source categories finalized in 2010 would not begin reporting until 2011 and reporting in 2012).

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action Major: No Unfunded Mandates: No CFR Citation: 40 CFR 98 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 7401 et seq Legal Deadline: None

Timetable:
Action Date FR Cite Direct Final Action 03/16/2010 75 FR 12451
NPRM 03/16/2010 75 FR 12489 Withdrawal of Direct Final Rulemaking 04/30/2010 75 FR 22699 Final Action 07/14/2010 75 FR 39736

Additional Information: EPA publication information: NPRM - http://www.regulations.gov/search/Regs/home.html#documentDetail?R=0900006480abe53b; Final rule published through RIN 2060-AQ03; EPA Docket information: EPA-HQ-OAR-2008-0508

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: Business Federalism: No Energy Affected: No RIN Information URL: http://www.epa.gov/climatechange/emissions/ghgrulemaking.html Agency Contact: Suzanne Kocchi Environmental Protection Agency Air and Radiation 6207J Washington , DC 20460 Phone: 202 343-9387 E-Mail: Kocchi.Suzanne@epamail.epa.gov Agency Contact: Lisa Hanle Environmental Protection Agency Air and Radiation 1200 Pennsylvania Ave, NW Washington , DC 20460 Phone: 202 343-9434 E-Mail: hanle.lisa@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AQ18

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Title: Technical Amendments for Marine Spark-Ignition Engines and Vessels Abstract: In the final rulemaking for new exhaust and evaporative emissions standards for nonroad spark-ignition engines, vessels, and equipment (73 FR 59034, October 8, 2008), EPA established first-ever evaporative emissions standards for marine vessels. For one small subset of marine fuel tanks (portable tanks), further evaluation of the design standard for diurnal emissions has raised a concern that fuel spillage may occur under certain circumstances. We have engaged the industry toidentify a simple, safe, and emissions neutral solution to this issue. The purpose of this action is to make technical amendments to the design standard for portable tanks that will allow for this solution. In addition, we also intend to incorporate safe recommended practices, developed through industry consensus, for portable marine fuel tanks.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action Major: No Unfunded Mandates: No CFR Citation: 40 CFR 1045; 40 CFR 1060; 40 CFR 1068 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: CAA 213(a)(3) Legal Deadline: None

Timetable:
Action Date FR Cite Direct Final Action 09/16/2010 75 FR 56477
NPRM 09/16/2010 75 FR 56491 Comment Period End 11/15/2010

Additional Information: Related to RIN 2060–AM34; EPA Docket information: EPA-HQ-OAR-2010-0270

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Michael Samulski Environmental Protection Agency Air and Radiation USEPA Ann Arbor , MI 48105 Phone: 734 214-4532 E-Mail: Samulski.Michael@epamail.epa.gov Agency Contact: Glenn Passavant Environmental Protection Agency Air and Radiation USEPA Ann Arbor , MI 48105 Phone: 734 214-4408 E-Mail: Passavant.Glenn@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AQ21

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Title: Implementation of the New Source Review Program for Particulate Matter (PM) Less Than 2.5 Micrometers—Final Rule to End NSR Transition Period for Condensable PM Abstract: EPA is withdrawing this action because EPA is announcing in the final under SAN 5147 titled "Methods for Measurement of Filterable PM10 and PM2.5 and Measurement of Condensable Particulate Matter Emissions from Stationary Sources" that we will not be revising its major New Source Review (NSR) regulations to replace the originally-announced date for ending the NSR transition period for condensable particulate matter (CPM) with an earlier closing date. The NSR transition period was scheduled to remain in effect from July 15, 2008 until January 1, 2011, or an earlier date depending on EPA’s final action to revise the test methods for measuring stack concentrations of CPM. Now that the expected effective date for the test method is approaching January 1, 2011, the scheduled closing date of the NSR transition period, there is no longer a practical need to address the issue of shortening the NSR transition period.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action Major: No Unfunded Mandates: No CFR Citation: 40 CFR 51 app M (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: Clean Air Act, 42 USC 7401 et seq Legal Deadline: None

Timetable:
Action Date FR Cite NPRM Comment Period End 03/29/2009NPRM 03/25/2009 74 FR 12969 Withdrawn 04/15/2010

Additional Information: Split from RIN 2060-AO58; EPA Docket information: EPA-HQ-QAR-2008-0348

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Local; State; Tribal Small Entities Affected: No Federalism: No Energy Affected: No RIN Information URL: http://www.epa.gov/nsr/ Agency Contact: Dan Deroeck Environmental Protection Agency Air and Radiation C504-03 Research Triangle Park , NC 27711 Phone: 919 541-5593 FAX: 919 685-3009 E-Mail: Deroeck.Dan@epamail.epa.gov Agency Contact: Raj Rao Environmental Protection Agency Air and Radiation C504-03 Research Triangle Park , NC 27711 Phone: 919 541-5344 FAX: 919 541-5509 E-Mail: Rao.Raj@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AQ26

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Title: National Emission Standards for Hazardous Air Pollutants: Area Source Standards for Prepared Feeds Manufacturing– Amendment Abstract: Section 112(k) of the Clean Air Act requires the development of standards for area sources that account for 90 percent of the emissions in urban areas of the 30 urban hazardous air pollutants (HAP) listed in the Integrated Urban Air Toxics Strategy. The Integrated Urban Air Toxics Strategy lists prepared feeds manufacturing as an area source category. Accordingly, a final NESHAP for this industry was published on January 5, 2010. This action made amendments and clarifications to the regulatory text of that final rule. The amendments corrected errors and inadvertent omissions.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action Major: No Unfunded Mandates: No CFR Citation: 40 CFR 63 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: CAA 112 Legal Deadline: None

Timetable:
Action Date FR Cite Direct Final Action 07/20/2010 75 FR 41991

Additional Information: Split from RIN 2060-AO98; EPA Docket information: EPA-HQ-OAR-2008-0080

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: Business Federalism: No Energy Affected: No Sectors Affected: 311119 Agency Contact: Jan King Environmental Protection Agency Air and Radiation C404-05 Research Triangle Park , NC 27711 Phone: 919 541-5665 FAX: 919 541-0242E-Mail: King.Jan@epamail.epa.gov Agency Contact: Chebryll Edwards Environmental Protection Agency Air and Radiation C404-05 Research Triangle Park , NC 27711 Phone: 919 541-5428 FAX: 919 541-0242 E-Mail: Edwards.Chebryll@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AQ35

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Title: Supplemental Determination for Renewable Fuels Produced Under the Final RFS2 Program From Canola Oil Abstract: As indicated in the final rule for the Renewable Fuels Standard Program, while the Agency issued lifecycle greenhouse gas (GHG) threshold determinations for the major fuel pathways projected to meet the bulk of the RFS volume mandates, assessments of other new fuel pathways such as biodiesel from canola could not be completed in time for the final rule. In the process of assessing these fuels, the Agency is issuing determinations through several supplemental notices to the final rule. For this supplemental notice, EPA plans to publish a final determination for biomass-based diesel produced from canola oil. The Agency will issue a Direct Final Notice of Supplemental Determination in mid-September.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action Major: No Unfunded Mandates: No CFR Citation: 40 CFR 86, 40 CFR 80 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: Clean Air Act sec 211(o) Legal Deadline:
Action Source Description Date

Other Statutory 12/19/2008

Timetable:
Action Date FR Cite Final Action Effective 09/28/2010
Direct Final Action 09/28/2010 75 FR 59622

Additional Information: Split from RIN 2060-AO81; EPA Docket information: EPA–HQ– OAR–2005–0161

Regulatory Flexibility Analysis Required: Business Government Levels Affected: No Federalism: No Energy Affected: No International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest. RIN Information URL: http://www.epa.gov/otaq/fuels/renewablefuels/index.htm Agency Contact: Paul Argyropoulos Environmental Protection Agency Air and Radiation 6520J ARN Washington , DC 20460 Phone: 202 564-1123 FAX: 202 564-1686 E-Mail: Argyropoulos.Paul@epa.gov Agency Contact: David Korotney Environmental Protection Agency Air and Radiation C99 Ann Arbor , MI 48105 Phone: 734 214-4507 FAX: 734 14-4018 E-Mail: Korotney.David@epamail.epa.govEnvironmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AQ50

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Title: Reconsideration of the 2008 Secondary National Ambient Air Quality Standards for Ozone Abstract: On March 12, 2008, EPA announced the final decision on the ozone national ambient air quality standards (NAAQS). Soon after that decision was signed on 3/27/08 (73 FR 16436), the Clean Air Scientific Advisory Committee (CASAC) held an unsolicited public meeting and criticized EPA for setting primary and secondary standards that were not consistent with advice provided by the CASAC during review of the NAAQS. On 7/25/08, several environmental and industry petitioners, as well as a number of States, sued EPA on the NAAQS decision, and the Court set a briefing schedule for the consolidated cases on 12/23/08. On 3/10/09, EPA requested that the Court vacate the briefing schedule and hold the consolidated cases in abeyance for 180 days. This request for extension was made to allow time for appropriate EPA officials appointed by the new Administration to determine whether the standards established in March 2008 should be maintained, modified or otherwise reconsidered. This action has been combined with the Reconsideration of the 2008 Primary Ozone NAAQS (2060-AP98).

Priority: Economically Significant Agenda Stage of Rulemaking: Completed Action Major: Yes Unfunded Mandates: No CFR Citation: None (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 7409 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 01/19/2010 75 FR 2938 NPRM Comment Period End 03/22/2010 Merged With RIN 2060-AP98 10/04/2010

Additional Information: EPA publication information: NPRM - http://www.regulations.gov/search/Regs/home.html#documentDetail?R=0900006480a7f618; Combined with RIN 2060-AP98. Related to RIN 2060-AN24; EPA Docket information: EPA-HQ-OAR-2005-0172

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Local; State; Tribal Small Entities Affected: No Federalism: No Energy Affected: No RIN Information URL: http://www.epa.gov/air/criteria.html Agency Contact: Dave Mckee Environmental Protection Agency Air and Radiation C504-06 Research Triangle Park , NC 27711 Phone: 919 541-5288 FAX: 919 541-0237 E-Mail: Mckee.Dave@epamail.epa.gov Agency Contact: Karen Martin Environmental Protection Agency Air and Radiation C504-06 Research Triangle Park , NC 27711 Phone: 919 541-5274 FAX: 919 541-0237 E-Mail: Martin.Karen@epamail.epa.gov

Environmental Protection Agency (EPA) Air and Radiation ( AR ) RIN: 2060-AQ52

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Title: Extension of Deadline for Action on Section 126 Petition From New Jersey Abstract: In this procedural action, EPA extended by six additional months the deadline for taking action on a petition submitted by New Jersey Department of Environmental Protection under section 126 of the Clean Air Act (CAA). Section 126requires EPA to grant or deny a petition within 60 days. The petition was received on May 13, 2010 – this provided us with a July 12, 2010 deadline. However, the CAA authorizes EPA to grant a time extension of up to 6 months for responding to a petition if EPA that the extension is necessary, among other things, to meet the purposes of the CAA’s rulemaking requirements. Actions under section 126 are subject to notice-and-comment rulemaking requirements. EPA determined that the 60-day time period was not sufficient for EPA to develop an adequate proposal on the petition and to allow for public input on the proposal. As a result of this extension, the deadline for EPA to act on the petition is January 12, 2011.

Priority: Info./Admin./Other Agenda Stage of Rulemaking: Completed Action Major: No Unfunded Mandates: No CFR Citation: 40 CFR 52 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: CAA sec 307(d) Legal Deadline:
Action Source Description Date

Other Statutory The petition was received on 5/13/10. Section 126 requires EPA to grant or deny within 60 days. 01/12/2011

Timetable:
Action Date FR Cite Final Action 07/12/2010 75 FR 39633

Additional Information: EPA publication information: Final Action -http://www.regulations.gov/search/Regs/home.html#documentDetail?R=0900006480b17769; EPA Docket information: EPA-HQOAR-2010-0473

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Agency Contact: Gobeail McKinley Environmental Protection Agency Air and Radiation C539-04 Research Triangle Park , NC 27711 Phone: 919 541-5246 FAX: 919 685-3700 E-Mail: McKinley.Gobeail@epamail.epa.gov Agency Contact: Todd Hawes Environmental Protection Agency Air and Radiation C539-04 Research Triangle Park , NC 27711 Phone: 919 541-5591 FAX: 919 685-3190 E-Mail: Hawes.Todd@epamail.epa.gov

Environmental Protection Agency (EPA) Office of Prevention, Pesticides and Toxic Substances ( OPPTS ) RIN: 2070-AJ04

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Title: TSCA Inventory Nomenclature for Enzymes and Proteins Abstract: In an Advance Notice of Proposed Rulemaking (ANPRM) issued in November 2004, EPA announced and sought comment on whether it should establish new procedures and regulations for naming enzymes and proteins when listing such substances on the Toxic Substances Control Act (TSCA) Chemical Substances Inventory (TSCA Inventory) because current enzyme listings were too broad and did not adequately differentiate between newly developed enzymes and existing Inventory listings. The ANPRM outlined four identification elements that EPA currently believes are appropriate for use in developing unique TSCA Inventory nomenclature for proteinaceous enzymes. The Agency also solicited public comment on several specific questions relating to this topic. EPA is currently evaluating the comments received and is developing a proposed rulemaking.

Priority: Info./Admin./Other Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 720.45 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 15 USC 2607Legal Deadline: None

Timetable:
Action Date FR Cite
ANPRM 11/15/2004 69 FR 65565
NPRM 10/00/2011

Additional Information: EPA Docket information: EPA-HQ-OPPT-2003-0058

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: Business Federalism: No Energy Affected: No RIN Information URL: http://www.epa.gov/oppt/existingchemicals/ Sectors Affected: 325; 324 Agency Contact: Greg Fritz Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7405M Washington , DC 20460 Phone: 202 564-8583 FAX: 202 564-9490 E-Mail: fritz.greg@epa.gov Agency Contact: Loraine Passe Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7406M Washington , DC 20460 Phone: 202 564-9064 E-Mail: passe.loraine@epa.gov

Environmental Protection Agency (EPA) Office of Prevention, Pesticides and Toxic Substances ( OPPTS ) RIN: 2070-AJ08

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Title: Certain Polybrominated Diphenyl Ethers (PBDEs); Test Rule and Significant New Use Rule (SNUR) Abstract: The Agency is developing two simultaneous proposed rulemaking actions which it committed to take in the Chemical Action Plan for Polybrominated Diphenyl Ethers (PBDEs) released on December 30, 2009. In the first action, the Agency intends to propose amending the existing PBDE SNUR to require manufacturers and importers of the subject PBDEs to submit a significant new use notice (SNUN) to EPA before they can begin manufacturing, importing, or processing a PBDE subject to the SNUR. In the second action, EPA intends to propose a test rule to require anyone who manufactures, imports, or processes pentaBDE, octaBDE, or decaBDE after the relevant effective dates to conduct testing to obtain specific data on health effects, environmental effects, and chemical fate. PBDEs are a family of chemicals with a common structure of a brominated diphenyl ether molecule which may have anywhere from one to ten bromine atoms attached. PBDEs have been widely used as flame retardants in a number of applications: c-pentaBDE was used primarily as an additive flame retardant in flexible polyurethane foams; c-OctaBDE was used in acrylonitrile-butadiene-styrene (ABS) plastic which was used as casing for certain electric and electronic devices used in both offices and homes. Domestic manufacture of c-pentaBDE and c-octaBDE ceased in 2004 when the Great Lakes Chemical Corporation (now Chemtura Corporation) voluntary phased out their production. In 2006 EPA promulgated a SNUR designating manufacture or import of any of six PBDEs (tetraBDE, pentaBDE, hexaBDE, heptaBDE, octaBDE, and nonaBDE) a significant new use. The 2006 SNUR does not address processing or the importation of articles containing the six PBDEs, and does not address a seventh PBDE, decabromodiphenyl ether (decaBDE), which is still manufactured and widely used in the United States. On December 17, 2009, as the result of negotiations with EPA, the two U.S. producers of decaBDE, Albemarle Corporation and Chemtura Corporation, and the largest U.S. importer, ICL Industrial Products, Inc., announced commitments to phase out production, and importation of decaBDE for most uses in the United States by December 31, 2012, and to end all uses by the end of 2013.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 721; 40 CFR 790 to 799 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 15 USC 2601 et seq. Legal Deadline: NoneTimetable:
Action Date FR Cite
NPRM 06/25/1991 56 FR 29140
NPRM2 03/00/2011

Additional Information: EPA Docket information: EPA-HQ-OPPT-2009-0357

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal Small Entities Affected: Business Federalism: No Energy Affected: No RIN Information URL: www.epa.gov/oppt/chemtest, http://www.epa.gov/oppt/existingchemicals/pubs/actionplans/pbde.html Sectors Affected: 325; 32411 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 E-Mail: Roman.Catherine@epa.gov Agency Contact: John Bowser Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7405M Washington , DC 20460 Phone: 202 564-8082 E-Mail: bowser.john@epa.gov

Environmental Protection Agency (EPA) Office of Prevention, Pesticides and Toxic Substances ( OPPTS ) RIN: 2070-AJ26

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Title: Prions; Amendment of EPA’s Regulatory Definition of Pests to Include Prion Abstract: In 2004, the Agency stated that it considered prions (proteinaceous infectious particles) to be a "pest" under Federal Insecticide, Fungicide and Rodenticide Act (FIFRA). A product intended to inactivate, destroy or mitigate prions on inanimate surfaces (i.e., “prion product”) is considered to be a pesticide. Any company seeking to distribute or sell such a product is required to register the product with EPA unless the product is exempt from registration requirements before it can be distributed or sold in the United States. Through this action, EPA is considering expressly adding prions to the list of pests in 40 CFR part 152, and requirements related to product performance (i.e., efficacy data), which is required for each antimicrobial end-use product for which public health related claims are made. EPA believes that regulating prion products protects human health and the environment against unreasonable adverse effects and ensures that such products are effective.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 152.5(d) (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 7 USC 136; 7 USC 136w Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 01/00/2011

Additional Information: EPA Docket information: EPA-HQ-OPP-2010-0427

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; State Small Entities Affected: Business Federalism: No Energy Affected: No RIN Information URL: http://www.epa.gov/pesticides/ Agency Contact: Carlton Kempter Environmental Protection AgencyOffice of Prevention, Pesticides and Toxic Substances 7510P Washington , DC 20460 Phone: 703 305-5448 FAX: 703 308-6467 E-Mail: kempter.carlton@epa.gov Agency Contact: Tajah Blackburn Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7510P Washington , DC 20460 Phone: 703 308-0372 E-Mail: Blackburn.Tajah@epa.gov

Environmental Protection Agency (EPA) Office of Prevention, Pesticides and Toxic Substances ( OPPTS ) RIN: 2070-AJ27

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Title: Pesticides; Data Requirements for Plant-Incorporated Protectants (PIPs) and Certain Exemptions for PIPs Abstract: EPA will propose codifying data requirements that specifically address the registration data needs of plantincorporated protectants (PIPs). These data requirements are intended to provide EPA with data and other information necessary for the registration of a PIP or the issuance of an experimental use permit for a PIP. These requirements would improve the Agency’s ability to make regulatory decisions about the human health and environmental effects of these products. By codifying data requirements specific to PIPs, the regulated community would have a better understanding of and could better prepare for the PIP registration process. This proposed rule is one in a series of proposals to update and clarify pesticide data requirements. In general, pesticide data requirements are codified in 40 CFR part 158, which describes the minimum data and information EPA typically requires to support an application for pesticide registration or amendment; support the maintenance of a pesticide registration by means of the data call-in process, e.g., as used in the registration review program; or establish or maintain a tolerance or exemption from the requirements of a tolerance for a pesticide chemical residue. This part establishes general policies and procedures associated with the submission of data in support of a pesticide regulatory action. It does not, however, include study protocols, methodology, or standards for conducting or reporting test results; nor does this part describe how the Agency uses or evaluates the data and information in its risk assessment and risk management decisions, or the regulatory determinations that may be based upon the data. Also, EPA will propose to exempt cisgenic PIPs from registration to encourage research and development of useful biotechnology and reduce the number of PIPs seeking registration. Cisgenic PIPs are formed when genetic material is transferred, using bioengineering technology, between plants that could transfer the genetic material naturally.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 152, 158, and 174 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 7 USC 136 to 136y; 21 USC 346a Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 06/00/2011

Additional Information: EPA Docket information: EPA-HQ-OPP-2009-0499

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal Small Entities Affected: Business Federalism: No Energy Affected: No RIN Information URL: http://www.epa.gov/oppbppd1/biopesticides/pips/index.htm Sectors Affected: 32532 Agency Contact: Rose Kyprianou Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7506P Washington , DC 20460 Phone: 703 305-5354 FAX: 703 305-5884E-Mail: Kyprianou.Rose@epa.gov Agency Contact: Chris Wozniak Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7511P Washington , DC 20460 Phone: 703 308-4043 FAX: 703 308-7026 E-Mail: wozniak.chris@epa.gov

Environmental Protection Agency (EPA) Office of Prevention, Pesticides and Toxic Substances ( OPPTS ) RIN: 2070-AJ32

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Title: Regulations To Facilitate Compliance With the Federal Insecticide, Fungicide, and Rodenticide Act by Producers of Plant-Incorporated Protectants (PIPs) Abstract: Plant-Incorporated Protectants (PIPs) are pesticidal substances intended to be produced and used in living plants and the genetic material needed for their production. EPA regulates PIPs under Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Federal Food, Drug, and Cosmetic Act (FFDCA), including issuing experimental use permits and commercial registrations. In 2001, EPA published rules establishing much of the current regulatory structure for PIPs. This rulemaking effort is intended to address the issues that were not addressed in 2001, including defining the nature of regulated production of PIPs and associated issues such as reporting, product labeling and record keeping. The rule will affect those persons who produce PIPs and is expected to clarify the legal requirements of their products at various production phases, improving their ability to conduct business. It is expected to also improve the ability of the EPA to identify and respond to instances where there are potentially significant violations. EPA also intends to address activities that the Agency does not believe warrant regulation and will consider exempting those activities, as appropriate, from FIFRA in whole or in part.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 174; 40 CFR 152; 40 CFR 156; 40 CFR 167; 40 CFR 168; 40 CFR 169; 40 CFR 172 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 7 USC 136a et seq Legal Deadline: None

Regulatory Plan: Statement of Need: This action is needed to clarify PIP regulations for the Agency and PIP developers, producers and farmers. Section 7 of FIFRA requires producers of pesticides to register their establishments with EPA and to submit annual reports stating the amounts of pesticides produced at each establishment. However, neither the Act nor the regulations promulgated under section 7 specifically address what constitutes the production of PIPs, or what units are relevant forpurposes of reporting amounts of PIPs produced. This has led to inconsistency and confusion in the registration of PIPproducing establishments and in the reporting of units of PIPs produced. Members of the PIP production industry have indicated that they are uncertain of their legal obligations for PIPs under FIFRA section 7 and have requested guidance on these matters. The Agency reviewed the concerns raised by industry and other stakeholders and reached the conclusion that, because of problems inherent in the application of the current regulations to this class of pesticides known as PIPs, EPA is unable to provide guidance. As written, the current regulations have been difficult to enforce with respect to PIPs. Ambiguity regarding the applicability of section 7 requirements makes it difficult for EPA and regulators in States and tribes to monitor production and subsequent distribution, sale and use of products, and can cause difficulties with respect to compliance inspection and enforcement. State and tribal involvement in compliance oversight can be greatly complicated by a lack of clear compliance requirements. This uncertainty may be resolved by a substantive modification of the regulations through rulemaking.

Legal Basis: EPA has regulatory authority to promulgate regulations under FIFRA sections 3(a), 8(a), 25(a), and 25(b) (7 U.S.C. 136a(a), 136f(a), 136w(a), and 136w(b)). PIPs are pesticides under FIFRA section 2 because they are introduced into plants with the intention of "preventing, destroying, repelling, or mitigating any pest...." (7 U.S.C. 136(u)). Under FIFRA section 2, any person who manufactures, prepares, compounds, propagates or processes any pesticide is a "producer." (7 U.S.C. 136(w)). FIFRA section 7 requires that producers of pesticides register the establishments where production occurs and requires that producers report their annual production (7 U. S. C. 136e). In addition, FIFRA section 8 provides that EPA may issue regulations requiring producers to maintain records with respect to their operations and to make such records available for inspection (7 U. S. C. 136f). Under FIFRA section 9, appropriately credentialed inspectors have the authority to conduct inspections at pesticide producing establishments, or other places where pesticides are being held for distribution or sale, for the purpose of inspecting products, labels and records, and for obtaining samples (7 U. S. C. 136g). FIFRA section 3(a) states that "[t]o the extent necessary to prevent unreasonable adverse effects on the environment, the Administrator may by regulation limit the distribution, sale, or use in any State of any pesticide that is not registered under this Act and that is not the subject of anexperimental use permit under section 5 or an emergency exemption under section 18." FIFRA section 8(a) states that "[t]he Administrator may prescribe regulations requiring producers, registrants, and applicants for registration to maintain such records with respect to their operations and the pesticides and device produced as the Administrator determines are necessary for the effective enforcement of this Act and to make the records available for inspection and copying in the same manner as provided in [FIFRA section 8(b)] ." FIFRA section 25(a) states that "[t]he Administrator is authorized in accordance with the procedure described in [sec. 25(a)(2) of the Act], to prescribe regulations to carry out the provisions of this Act. Such regulations shall take into account the difference in concept and usage between various classes of pesticides, including public health pesticides, and differences in environmental risk and the appropriate data for evaluating such risk between agricultural, nonagricultural, and public health pesticides." FIFRA section 25(b) states that "[t]he Administrator may exempt from the requirements of this Act by regulation any pesticide which the Administrator determines either (1) to be adequately regulated by another Federal agency, or (2) to be of a character which is unnecessary to be subject to this Act in order to carry out the purposes of this Act."

Alternatives: Alternatives will be presented in the preamble to the proposed rule.

Costs and Benefits: The Agency is conducting an economic analysis to inform decisions for the proposed rule. Anticipated benefits include greater certainty and transparency in terms of applicable requirements for these products. Since the proposed rulemaking is currently still under development, information about anticipated costs is not yet available.

Risks: This rulemaking is not intended to address a specific risk associated with registered PIPs. However, facilitating compliance with FIFRA requirements could minimize potential risks associated with inadvertent noncompliance. In addition the rulemaking is intended to provide a means to identify and minimize risks associated with use of unregistered PIPs for production for export. Timetable:
Action Date FR Cite
ANPRM 04/04/2007 72 FR 16312 Notice of Public Meeting 04/11/2007 72 FR 18191 ANPRM: Extension of Comment Period 05/23/2007 72 FR 28911 ANPRM Comment Period End 06/13/2007 ANPRM Comment Period Extended To 07/13/2007
NPRM 09/00/2011

Additional Information: EPA publication information: ANPRM -http://www.regulations.gov/search/Regs/home.html#documentDetail?R=0900006480220026; EPA Docket information: EPA-HQOPP-2006-1003

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; State; Tribal Small Entities Affected: Business Federalism: No Energy Affected: No RIN Information URL: http://www.epa.gov/pesticides/biopesticides/pips/index.htm Sectors Affected: 61131; 111; 32532; 54171 Agency Contact: Stephen Howie Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7201M Washington , DC 20460 Phone: 202 564-4146 FAX: 202 564-8502 E-Mail: Howie.Stephen@epa.gov Agency Contact: Elizabeth Milewski Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7201M Washington , DC 20460 Phone: 202 564-8480 FAX: 202 564-8502 E-Mail: Milewski.Elizabeth@epa.gov

Environmental Protection Agency (EPA) Office of Prevention, Pesticides and Toxic Substances ( OPPTS ) RIN: 2070-AJ45

View Related DocumentsTitle: Pesticides; Reconsideration of Exemptions for Insect Repellents Abstract: EPA is developing rulemaking to modify the minimum risk pesticides exemption under 40 CFR 152.25(f) to exclude personally applied insect repellents from the exemption and require an abbreviated data set for such products. EPA is taking this action because these pesticides claim to control pests of significant public health importance.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 152.25 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 7 USC 136a; 7 USC 136w Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 09/00/2011

Additional Information: EPA Docket information: EPA-HQ-OPP-2010-0227

Regulatory Flexibility Analysis Required: Business Government Levels Affected: Federal; State Small Entities Affected: No Federalism: No Energy Affected: No RIN Information URL: http://www.epa.gov/pesticides/ Sectors Affected: 3251; 32532 Agency Contact: Kathryn Boyle Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7506P Washington , DC 20460 Phone: 703 305-6304 FAX: 703 305-5884 E-Mail: Boyle.Kathryn@epa.gov Agency Contact: Niva Kramek Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7506P Washington , DC 20460 Phone: 703 605-1193 FAX: 703 305-5884 E-Mail: Kramek.Niva@epa.gov

Environmental Protection Agency (EPA) Office of Prevention, Pesticides and Toxic Substances ( OPPTS ) RIN: 2070-AJ46

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Title: Mercury; Regulation of Use in Certain Products Abstract: Mercury is well documented as a toxic, environmentally persistent substance that demonstrates the ability to bioaccumulate and to be atmospherically transported on a local, regional, and global scale. In addition, mercury can be environmentally transformed into methylmercury, which biomagnifies and is highly toxic. EPA has conducted a preliminary analysis via the Risk-Based Prioritization of Mercury in Certain Products. By compiling data pertaining to the stated costs, advantages, and disadvantages associated with mercury-free alternatives to certain mercury-containing products, EPA made a preliminary judgment that effective and economically feasible alternatives exist. These products include switches, relays/contactors, flame sensors, button cell batteries, and measuring devices (e.g., non-fever thermometers, manometers, barometers, pyrometers, flow meters, and psychrometers/hygrometers). Therefore, EPA is evaluating whether an action (or combination of actions) under Toxic Substances Control Act (TSCA) is appropriate for mercury used in such products. As appropriate, such an action(s) would involve a group(s) of these products. Specifically, EPA will determine whether the continued use of mercury in one or more of these products would pose an unreasonable risk to human health and the environment.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: Undetermined Unfunded Mandates: Undetermined CFR Citation: 40 CFR 750 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 15 USC 2605Legal Deadline: None

Regulatory Plan: Statement of Need: Mercury is well documented as a toxic, environmentally persistent substance that demonstrates the ability to bioaccumulate and to be atmospherically transported on a local, regional, and global scale. In addition, mercury can be environmentally transformed into methylmercury, which biomagnifies and is highly toxic. Human health risks associated with elemental mercury and methylmercury are well documented. Humans can be exposed from products directly to elemental mercury vapor and indirectly through fish contaminated with methylmercury. EPA has conducted a preliminary analysis via the Risk-Based Prioritization of Mercury in Certain Products. By compiling data pertaining to the stated costs, advantages, and disadvantages associated with mercury-free alternatives to certain mercury-containing products, EPA made a preliminary judgment that effective and economically feasible alternatives exist. In its initial prioritization of mercury in certain products, EPA considered mercury's well documented toxicity, persistence, ability to bioaccumulate, ability to be environmentally transformed into methylmercury, and its demonstrated ability to be transported globally as well as locally and the availability of effective and economically feasible alternatives for mercury in certain products. EPA believes manufacturing, processing, use, or disposal of elemental mercury in these products may result in significant potential for human and environmental exposures to elemental mercury and methylmercury.

Legal Basis: EPA is evaluating whether an action (or combination of actions) under Toxic Substances Control Act (TSCA), 15 U.S.C. 2601 et seq., is appropriate for mercury used in certain products. TSCA provides EPA with authority to require reporting, recordkeeping, and testing requirements, and restrictions relating to chemical substances and/or mixtures. Specifically, section 4 authorizes EPA to require testing of chemicals by manufacturers, importers, and processors where risks or exposures of concern are found. Section 5 authorizes EPA to require prior notice by manufacturers, importers, and processors when it identifies a "significant new use" that could result in exposures to, or releases of, a substance of concern. Section 6 gives EPA the authority to protect against unreasonable risk of injury to health or the environment from chemical substances. If EPA finds that there is a reasonable basis to conclude that the chemical's manufacture, processing, distribution, use or disposal presents an unreasonable risk, EPA may by rule take action to: prohibit or limit manufacture, processing, or distribution in commerce; prohibit or limit the manufacture, processing, or distribution in commerce of the chemical substance above a specified concentration; require adequate warnings and instructions with respect to use, distribution, or disposal; require manufacturers or processors to make and retain records; prohibit or regulate any manner of commercial use; prohibit or regulate any manner of disposal; and/or require manufacturers or processors to give notice of the unreasonable risk of injury, and to recall products if required. Section 8 authorizes EPA to require reporting and recordkeeping by persons who manufacture, import, process, and/or distribute chemical substances in commerce.

Alternatives: EPA has conducted a preliminary analysis via the Risk-Based Prioritization of Mercury in Certain Products. By compiling data pertaining to the stated costs, advantages, and disadvantages associated with mercury-free alternatives to certain mercury-containing products, EPA made a preliminary judgment that effective and economically feasible alternatives exist.

Costs and Benefits: As part of the economic, exposure, and risk assessment to support the current action, EPA is conducting a comprehensive use-substitute analysis and industry profile that will consider the costs and benefits of an action(or combination of actions) under Toxic Substances Control Act (TSCA). Those assessments consider the costs of mercurycontaining and mercury-free alternatives and the impact that any action would have on potentially affected stakeholders, including economic, human health, and environmental criteria.

Risks: As part of the economic, exposure, and risk assessment to support the current action, EPA is conducting a comprehensive use-substitute analysis and industry profile that will consider the risks associated with an action (or combination of actions) under Toxic Substances Control Act (TSCA). Those assessments consider the relative toxicity and other considerations associated with mercury-free alternatives to mercury-containing products and the impact that any action would have on potentially affected stakeholders, including economic, human health, and environmental criteria. Timetable:
Action Date FR Cite
NPRM 10/00/2011

Additional Information: SAN No. 5312

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Small Entities Affected: Business Federalism: Undetermined Energy Affected: No International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest. RIN Information URL: http://www.epa.gov/mercury/ Agency Contact: Thomas Groeneveld Environmental Protection AgencyOffice of Prevention, Pesticides and Toxic Substances 7404T Washington , DC 20460 Phone: 202 566-1188 FAX: 202 566-0469 E-Mail: groeneveld.thomas@epa.gov Agency Contact: Lynn Vendinello Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7404T Washington , DC 20460 Phone: 202 566-0514 FAX: 202 566-0473 E-Mail: vendinello.lynn@epa.gov

Environmental Protection Agency (EPA) Office of Prevention, Pesticides and Toxic Substances ( OPPTS ) RIN: 2070-AJ47

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Title: Nanoscale Materials; Test Rule for Certain Nanoscale Materials Abstract: EPA is developing a test rule under section 4(a) of the Toxic Substances Control Act (TSCA) to require manufacturers (defined by statute to include importers) and processors of the multiwall carbon nanotube described in Premanufacture Notice (PMN) P-08-199, certain clays (e.g., kaolin (including halloysite) and bentonite (including montmorillonite)), alumina, and spray-applied nanomaterials (the “chemical substances” or “chemicals”) to conduct testing for health effects, ecological effects, and environmental fate, as well as to provide material characterization data. The resulting data will assist EPA in understanding the effects of the substances to manage/minimize potential risk and exposure. Results will also help with establishing a correlation between the chemical/physical properties and health and environmental effects needed to protect the environment and the health of workers handling the substance.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 790 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 15 USC 2603 TSCA 4 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 04/00/2011

Additional Information: SAN No. 5313

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: Business Federalism: No Energy Affected: No RIN Information URL: http://www.epa.gov/opptintr/chemtest/index.htm Sectors Affected: 325; 324 Agency Contact: Ken Moss Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7405M Washington , DC 20460 Phone: 202 564-9232 FAX: 202 564-9490 E-Mail: moss.kenneth@epa.gov Agency Contact: Zofia Kosim Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7405M Washington , DC 20460 Phone: 202 564-8733 FAX: 202 564-9490E-Mail: kosim.zofia@epa.gov

Environmental Protection Agency (EPA) Office of Prevention, Pesticides and Toxic Substances ( OPPTS ) RIN: 2070-AJ50

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Title: Electronic Reporting of Chemical Import Data in the Automated Commercial Environment (ACE) Abstract: EPA will consult with Customs and Border Protection (CBP), in the Department of Homeland Security, about the development of proposed regulatory revisions necessary for the implementation of electronic reporting of chemical import information in the Automated Commercial Environment (ACE). Congress has mandated participation in the International Trade Data System (ITDS) through passage of the SAFE Port Act in October 2006. The ITDS Program is a government-wide organizational framework managed by CBP to assist every Federal agency that has import/export responsibilities to integrate their requirements into ACE. Participation in the ITDS Program has also been recommended by the Import Safety Working Group (ISWG), established under Executive Order 13439 (July 18, 2007). ACE is a data warehouse being designed by CBP that will serve as a single portal for the electronic collection and processing of all data required by any federal agency pertaining to the importation of commodities into, and their exportation from, the U.S. After testing the electronic collection of such data in ACE under the National Customs Automation Program (19 U.S.C. 1411; 19 C.F.R. 101.9), CBP will need to amend its regulations to require electronic reporting by importers into ACE. Other amendments to the regulations (e.g., relating to detention of shipments) may also be considered by CBP. For EPA, this includes amendments to related regulations under the Toxics Substances Control Act (TSCA) and the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), which impose reporting requirements for importers and exporters of chemical substances and pesticides. Regulations regarding imports under TSCA and FIFRA are promulgated by CBP, in consultation with EPA.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 19 CFR 12.118 to 12.127; 40 CFR 707 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 15 USC 2612; 7 USC 136o Legal Deadline: None

Timetable:
Action Date FR Cite NPRM (EPA's concurrence) 06/00/2011

Additional Information: SAN No. 5305

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: Business Federalism: No Energy Affected: No International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest. RIN Information URL: www.itds.gov Agency Contact: David Giamporcaro Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7408M Washington , DC 20460 Phone: 202 564-8107 E-Mail: Giamporcaro.David@epa.gov Agency Contact: Kate Bouve Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7502P Washington , DC 20460 Phone: 703 305-5032 E-Mail: bouve.kate@epa.gov

Environmental Protection Agency (EPA) Office of Prevention, Pesticides and Toxic Substances ( OPPTS ) RIN: 2070-AJ51

View Related DocumentsTitle: Mercury; Incorporation of Revised ASTM Standards Into EPA Regulations That Provide Flexibility in the Use of Alternatives to Mercury-Containing Thermometers Abstract: EPA plans to issue a proposed rule to update EPA regulations with the most recent versions of three ASTM International standards to facilitate the use of alternatives to mercury-containing industrial thermometers as part of complying with certain EPA regulations. The proposal also requests public input on the need and means to address the remaining EPAregulations that incorporate, by reference, ASTM International standards that do not allow the use of alternatives to mercurycontaining industrial thermometers.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 49; 40 CFR 60; 40 CFR 63; 40 CFR 75; 40 CFR 86; 40 CFR 89; 40 CFR 92; 40 CFR 93; 40 CFR 761; 40 CFR 1065 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 7401 to 7671q; 15 USC 1601 et seq Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 12/00/2010
Final Action 07/00/2011

Additional Information: SAN No. 5340

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No RIN Information URL: http://www.epa.gov/mercury/ Agency Contact: Robert Courtnage Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7404T Washington , DC 20460 Phone: 202 566-1081 E-Mail: courtnage.robert@epa.gov Agency Contact: Hiroshi Dodahara Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7404T Washington , DC 20460 Phone: 202 566-0507 E-Mail: dodahara.hiroshi@epa.gov

Environmental Protection Agency (EPA) Office of Prevention, Pesticides and Toxic Substances ( OPPTS ) RIN: 2070-AJ52

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Title: Significant New Use Rule for Glymes Abstract: EPA is proposing a significant new use rule (SNUR) under section 5(a)(2) of the Toxic Substances Control Act (TSCA) for 14 glymes. This action would require persons who intend to manufacture, import, or process these chemical substances for the designated significant new uses to notify EPA at least 90 days before commencing such manufacture, import, or processing. The required notification would provide EPA with the opportunity to evaluate the intended use and, if necessary, to prohibit or limit that activity before it occurs.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 721 (Revision) (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 15 USC 2601 et seq. Legal Deadline: None

Timetable:
Action Date FR CiteNPRM 01/00/2011

Additional Information: EPA Docket information: EPA-HQ-OPPT-2009-0767

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: Business Federalism: No Energy Affected: No RIN Information URL: http://www.epa.gov/oppt/existingchemicals/ Agency Contact: Amy Breedlove Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7405M Washington , DC 20460 Phone: 202 564-9823 E-Mail: Breedlove.Amy@epa.gov Agency Contact: Sara Hisel-McCoy Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7405M Washington , DC 20460 Phone: 202 566-1649 E-Mail: hisel-mccoy.sara@epa.gov

Environmental Protection Agency (EPA) Office of Prevention, Pesticides and Toxic Substances ( OPPTS ) RIN: 2070-AJ53

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Title: Pesticides; Regulation to Clarify Labeling of Pesticides for Export Abstract: EPA is developing this proposed rule to clarify, restructure, and add specificity to existing labeling regulations for the export of unregistered pesticide products and devices. EPA is also considering a minor new requirement for the labeling of unregistered pesticide products and devices shipped between establishments operated by the same producer to ensure that they are clearly marked as unregistered products intended for export in order to prevent them from inadvertently entering the U.S. market.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 168.65 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 7 USC 136 - 136y Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 01/00/2011

Additional Information: EPA Docket information: EPA-HQ-OPP-2009-0607

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No RIN Information URL: http://epa.gov/compliance/monitoring/programs/fifra/importexport.html Sectors Affected: 325 Agency Contact: Vera Au Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7506P Washington , DC 20460 Phone: 703 308-9069 FAX: 703 305-5884 E-Mail: Au.Vera@epa.govAgency Contact: Martha Shimkin Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7506P Washington , DC 20460 Phone: 703 305-5160 E-Mail: Shimkin.martha@epa.gov

Environmental Protection Agency (EPA) Office of Prevention, Pesticides and Toxic Substances ( OPPTS ) RIN: 2070-AJ54

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Title: Nanoscale Materials; Reporting Under TSCA Section 8(a) Abstract: Under section 8(a) of the Toxic Substances Control Act (TSCA), EPA is developing a proposal to establish reporting requirements for certain nanoscale materials. This rule would propose that persons who manufacture these nanoscale materials notify EPA of certain information including production volume, methods of manufacture and processing, exposure and release information, and available health and safety data. The proposed reporting of these activities will provide EPA with an opportunity to evaluate the information and consider appropriate action under TSCA to reduce any risk to human health or the environment.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 704 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 15 USC 2607(a) TSCA 8(a) Legal Deadline: None

Regulatory Plan: Statement of Need: EPA is proposing reporting requirements under section 8(a) of TSCA for persons who are manufacturing, importing, or processing existing nanoscale materials in commerce to collect data on these activities. The data will help EPA to take any measures to ensure that nanoscale materials are manufactured and used in a manner that protects against unreasonable risks to human health and the environment.

Legal Basis: Section 8(a) of TSCA authorizes the Administrator to promulgate rules, which require each person (other than a small manufacturer, importer, or processor) who manufactures, imports, processes, or proposes to manufacture, import, or process a chemical substance, to maintain such records and submit such reports as the Administrator may reasonably require.

Alternatives: EPA developed a voluntary Nanoscale Materials Stewardship Program (NMSP) to complement and support its regulatory activities on nanoscale materials. EPA initiated the NMSP to quickly learn about commercially available nanoscale materials by soliciting existing data and information on a voluntary basis from manufacturers, importers, processors, and users of nanoscale materials. In addition, the program was designed to identify and encourage use of risk management practices in developing and commercializing nanoscale materials. In its NMSP interim report, EPA identified data gaps for existing nanoscale material production, uses, and exposures, based on the information EPA received prior to January 2009. For example, EPA estimated that companies provided information on only about 10 percent of the nanomaterials that may be commercially available. EPA is proposing reporting requirements under section 8(a) of TSCA for persons who are manufacturing, importing, or processing nanoscale materials in commerce to address some of the data gaps identified in the NMSP interim report. EPA has not identified any other activities, including regulatory activities under TSCA that would address data gaps for existing nanoscale materials.

Costs and Benefits: EPA has evaluated the potential costs of 8(a) reporting requirements for potential manufacturers, importers, and processors that would be subject to the proposed rule. If an entity were to submit a notice to the Agency, the annual burden is estimated to average 157 hours per response. This information would facilitate EPA’s evaluation of the materials and consideration of appropriate action under TSCA to reduce any unreasonable risk to human health or the environment.

Risks: There is a growing body of scientific evidence showing the differences that exist between nanoscale material(s) and their non-nanoscale counterpart(s). Nanoscale materials may have different or enhanced properties--for example, electrical, chemical, magnetic, mechanical, thermal, or optical properties--or features, such as improved hardness or strength, that are highly desirable for applications in commercial, medical, military, and environmental sectors. These properties are a direct consequence of small size, which results in a larger surface area per unit of volume and/or quantum effects that occur at the nanometer scale (i.e., 1 x 10-9 meters). Small size itself can also be a desirable property of nanoscale materials that is exploited for miniaturization of applications/processes and/or stabilization or delivery of payloads to diverse environments or incorporation into diverse products. The properties that can make nanoscale materials desirable for commercial applicationsalso raise questions whether the small size of nanoscale materials or the unique or enhanced properties of nanoscale materials may, under specific conditions, pose new or increased hazards to humans and the environment. Government, academic, and private sector scientists in multiple countries are performing research into the environmental and human health effects of diverse nanoscale materials, resulting in a substantial and rapidly growing body of scientific evidence. These research findings point to the possibility for nanoscale materials to affect human health and the environment adversely. Research also indicates that not all materials in the nanoscale size range behave differently from larger sized materials of the same substance. Timetable:
Action Date FR Cite
NPRM 02/00/2011

Additional Information: EPA Docket information: EPA–HQ–OPPT–2010-0572

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: Business Federalism: No Energy Affected: No RIN Information URL: http://www.epa.gov/oppt/nano/ Sectors Affected: 325; 324 Agency Contact: Jim Alwood Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7405M Washington , DC 20460 Phone: 202 564-8974 E-Mail: Alwood.Jim@epa.gov Agency Contact: Jessica Barkas Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7405M Washington , DC 20460 Phone: 202 250-8880 E-Mail: Barkas.Jessica@epa.gov

Environmental Protection Agency (EPA) Office of Prevention, Pesticides and Toxic Substances ( OPPTS ) RIN: 2070-AJ58

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Title: Pesticides; Satisfaction of Data Requirements; Minor Revisions to the Procedures to Ensure Protection of Data Submitters' Rights Abstract: This action will revise and update EPA's existing regulations in 40 CFR part 152, subpart E. The proposal will address changes to procedures for the protection of exclusive use and data compensation rights of individuals and entities that submit data to the Agency in support of a pesticide registration decision (i.e., data submitters). The revisions are to accommodate statutory and procedural changes that have occurred over the last 25 years since issuance in 1984. The revisions would simplify the procedures, reduce burdens upon certain data submitters, and make minor changes to clarify the requirements.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 152e (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 7 USC 136a Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 11/05/2010 75 FR 68297 NPRM Comment Period End 01/04/2011

Additional Information: SAN No. 5382

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: NoRIN Information URL: http://www.epa.gov/pesticides/registrationkit/ Sectors Affected: 32532 Agency Contact: Cameo Smoot Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7506P Office of Chemical Safety and Pollution Prevention Washington , DC 20460 Phone: 703 305-5454 FAX: 703 305-5884 E-Mail: smoot.cameo@epa.gov

Environmental Protection Agency (EPA) Office of Prevention, Pesticides and Toxic Substances ( OPPTS ) RIN: 2070-AJ61

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Title: Pesticides; Clarifying Changes to Labeling Abstract: EPA is planning a rulemaking to make minor revisions to 40 CFR part 156, Labeling Requirements for Pesticides and Devices. The purpose of this effort is to update the structure of the regulation and make several clarifying changes. In addition to these planned minor revisions, EPA will solicit suggestions from stakeholders on what the Agency might consider for future changes to the labeling regulations.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 156 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 7 USC 136 et seq Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 10/00/2011

Additional Information: SAN No. 5393

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No RIN Information URL: http://www.epa.gov/pesticides/regulating/labels/productlabels.htm Sectors Affected: 32532 Agency Contact: Rame Cromwell Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7506P Washington , DC 20460 Phone: 703 308-9068 FAX: 703 305-5884 E-Mail: Cromwell.Rame@epa.gov Agency Contact: Rose Kyprianou Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7506P Washington , DC 20460 Phone: 703 305-5354 FAX: 703 305-5884 E-Mail: Kyprianou.Rose@epa.gov

Environmental Protection Agency (EPA) Office of Prevention, Pesticides and Toxic Substances ( OPPTS ) RIN: 2070-AJ63View Related Documents

Title: TSCA Reporting Requirements; Minor Revisions Abstract: EPA is developing a proposal to make minor changes to three existing reporting requirements under the Toxic Substances Control Act (TSCA) to reduce reporting burdens and to clarify reporting to provide for quicker review of health and environmental data for more effective protection of public health and the environment. Specifically, the changes involve 40 CFR 790.5, entitled "Submission of Information"; 40 CFR 792.185, entitled "Reporting of Study Results"; and 40 CFR 712.28, entitled "Forms and Instructions." The changes under consideration include the elimination of the requirement for 6 copies to be submitted; the addition of a requirement for including "Robust Summaries" of test results with the submission of test data; and the use of the Inventory Update Rule Form to format the submission of preliminary assessment information in response to chemical information rules.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 799 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 15 USC 2601 et seq Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 05/00/2011

Additional Information: SAN No. 5401

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: Business Federalism: No Energy Affected: No RIN Information URL: http://www.epa.gov/opptintr/chemtest/pubs/sct4rule.html Sectors Affected: 325 Agency Contact: Karen Chu Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7405M Washington , DC 20460 Phone: 202 564-8773 FAX: 202 564-4765 E-Mail: chu.karen@epa.gov Agency Contact: Mike Matthiesien Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7405M Washington , DC 20460 Phone: 202 564-3077 FAX: 202 564-4765 E-Mail: mattheisen.mike@epa.gov

Environmental Protection Agency (EPA) Office of Prevention, Pesticides and Toxic Substances ( OPPTS ) RIN: 2070-AJ65

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Title: General Exemptions From Reporting Requirements for Microorganisms; Revisions of Recipient Organisms Eligible for Tier I and Tier II Exemptions Abstract: In 1997, EPA promulgated a final rule under section 5 of Toxics Substances and Control Act (TSCA) to establish the notification procedures for review of certain new microorganisms before they are introduced into commerce. ‘‘New’’ microorganisms are those formed by deliberate combinations of genetic material from organisms classified in different taxonomic genera. This review process is designed to prevent unreasonable risk of injury to human health and the environment without imposing unnecessary regulatory burdens on the biotechnology industry. The rule also established TSCA section 5(h)(4) exemptions from full reporting when 10 specific microorganisms are used as the recipient microorganisms for the introduced genetic material and placed requirements on these recipient microorganism, the introduced genetic material, and the physical containment (40 CFR 725, subpart G). The rule also established a mechanism (40 CFR 725.67) for the public to petition theAgency to propose additional recipient microorganisms for such exemptions. These regulations describe the appropriate supporting information that must be submitted with the petition to provide EPA with a starting point for determining whether the recipient should be listed as a candidate for the tiered exemption. EPA has received petitions to add two additional microorganisms to the eligible recipient microorganisms listed in 40 CFR 725.420 (Trichoderma reesei and Bacillus amyloliquefaciens). EPA is evaluating the information provided in these petitions. If, as result of this evaluation, EPA makes a preliminary determination that one or both of the two microorganisms will not present an unreasonable risk of injury to health or the environment, then EPA will propose a rule to grant the exemption petition for that microorganism(s).

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 15 USC 2601 et seq. Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 03/00/2011

Additional Information: SAN No. 5418

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No RIN Information URL: http://www.epa.gov/oppt/ Sectors Affected: 325 Agency Contact: Miriam Wigginslewis Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7405M Washington , DC 20460 Phone: 202 564-9373 E-Mail: Wigginslewis.Miriam@epa.gov Agency Contact: Greg Schweer Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7405M Washington , DC 20460 Phone: 202 564-8469 FAX: 202 564-9094 E-Mail: Schweer.Greg@epa.gov

Environmental Protection Agency (EPA) Office of Prevention, Pesticides and Toxic Substances ( OPPTS ) RIN: 2070-AJ66

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Title: High Production Volume Chemicals; 4th Group of Chemicals; Test Rule and Significant New Use Rule Abstract: EPA is proposing a test rule under section 4(a)(1)(B) of the Toxic Substances Control Act (TSCA) and a significant new use rule (SNUR) under section 5(a)(2) of TSCA for the fourth group of high production volume (HPV) chemicals identified under the HPV Program (see RIN 2070-AD16). Of the 45 chemicals in the fourth group of HPV chemicals, currently the test rule is expected to apply to 23 chemicals. The SNUR is expected to include the other 22 chemicals. HPV chemicals are manufactured (including imported) in the aggregate at more than 1 million pounds on an annual basis. For the chemical substances to which it applies, the SNUR would require persons who intend to manufacture, import, or process the chemical substances for an activity that is designated as a significant new use by this proposed rule to notify EPA at least 90 days before commencing that activity. This required notice would provide EPA the opportunity to evaluate intended significant new uses and associated activities before they occur and, if appropriate, to prohibit or limit those uses or activities.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 721 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 15 USC 2601 et seq. Legal Deadline: NoneTimetable:
Action Date FR Cite
NPRM 04/00/2011

Additional Information: SAN No. 5419

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: Business Federalism: No Energy Affected: No RIN Information URL: http://www.epa.gov/oppt/existingchemicals/ Sectors Affected: 325 Agency Contact: Paul Campanella Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7405M Washington , DC 20460 Phone: 202 564-8091 E-Mail: Campanella.Paul@epa.gov Agency Contact: Amy Breedlove Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7405M Washington , DC 20460 Phone: 202 564-9823 E-Mail: Breedlove.Amy@epa.gov

Environmental Protection Agency (EPA) Office of Prevention, Pesticides and Toxic Substances ( OPPTS ) RIN: 2070-AJ67

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Title: Nanoscale Materials; Significant New Use Rule (SNUR) Abstract: EPA is developing a significant new use rule (SNUR) under section 5(a)(2) of the Toxic Substances Control Act (TSCA) for nanoscale materials. This action would require persons who intend to manufacture, import, or process this/these chemical substance(s) for an activity that is designated as a significant new use by this proposed rule to notify EPA at least 90 days before commencing that activity. The required notification would provide EPA with the opportunity to evaluate the intended use and, if necessary, to prohibit or limit that activity before it occurs to prevent unreasonable risk to human health or the environment.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 721 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 15 USC 2604 Legal Deadline: None

Regulatory Plan: Statement of Need: EPA is proposing a significant new use rule (SNUR) under section 5(a)(2) of TSCA that would designate as a significant new use, any use of chemical substances as nanoscale materials after the proposed date of the rule. Persons who intend to manufacture, import, or process these chemical substances for the new use after the date of the proposed rule would be required to notify EPA at least 90 days before commencing that activity. The required notification would provide EPA with the opportunity to evaluate the intended use and, if necessary, to prohibit or limit that activity before it occurs to prevent any unreasonable risks to human health or the environment.

Legal Basis: Section 5(a)(2) of TSCA (15 U.S.C. 2604(a)(2)) authorizes EPA to determine that a use of a chemical substance is a "significant new use." EPA must make this determination by rule after considering all relevant factors, including those listed in TSCA section 5(a)(2). Once EPA determines that a use of a chemical substance is a significant new use, TSCA section 5(a)(1)(B) requires persons to submit a significant new use notice (SNUN) to EPA at least 90 days before they manufacture, import, or process the chemical substance for that use (15 U.S.C. 2604(a)(1)(B)).

Alternatives: Nanoscale materials based on chemical substances already on the TSCA Inventory are considered existing chemical substances. These nanoscale materials do not require reporting as new chemical substances because they arenanoscale forms of chemical substances already in commerce. If EPA does not use authority under 5(a)(2) of TSCA to require notification of new uses of nanoscale materials, EPA would have to use existing chemical authority under sections 4, 6, and 8 of TSCA to gather data and address any unreasonable risks.

Costs and Benefits: EPA has evaluated the potential costs of reporting requirements for potential manufacturers, importers, and processors that would be subject to the significant new use rule. If an entity were to submit a notice to the Agency, the annual burden is estimated to average 95 hours per response. The required notification would provide EPA with the opportunity to evaluate the intended use and, if necessary, to prohibit or limit that activity before it occurs to prevent any unreasonable risks to human health or the environment.

Risks: There is a growing body of scientific evidence showing the differences that exist between nanoscale material(s) and their non-nanoscale counterpart(s). Nanoscale materials may have different or enhanced properties--for example, electrical, chemical, magnetic, mechanical, thermal, or optical properties--or features, such as improved hardness or strength, that are highly desirable for applications in commercial, medical, military, and environmental sectors. These properties are a direct consequence of small size, which results in a larger surface area per unit of volume and / or quantum effects that occur at the nanometer scale (i.e., 1 x 10-9 meters). Small size itself can also be a desirable property of nanoscale materials that is exploited for miniaturization of applications/processes and/or stabilization or delivery of payloads to diverse environments or incorporation into diverse products. The properties that can make nanoscale materials desirable for commercial applications also raise questions whether the small size of nanoscale materials or the unique or enhanced properties of nanoscale materials may, under specific conditions, pose new or increased hazards to humans and the environment. Government, academic, and private sector scientists in multiple countries are performing research into the environmental and human health effects of diverse nanoscale materials, resulting in a substantial and rapidly growing body of scientific evidence. These research findings point to the possibility for nanoscale materials to affect human health and the environment adversely. Research also indicates that not all materials in the nanoscale size range behave differently from larger sized materials of the same substance. Timetable:
Action Date FR Cite
NPRM 02/00/2011

Additional Information: EPA Docket information: EPA–HQ–OPPT–2010-0572

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: Business Federalism: No Energy Affected: No RIN Information URL: http://www.epa.gov/oppt/nano/ Agency Contact: Jim Alwood Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7405M Washington , DC 20460 Phone: 202 564-8974 E-Mail: Alwood.Jim@epa.gov Agency Contact: Jessica Barkas Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7405M Washington , DC 20460 Phone: 202 250-8880 E-Mail: Barkas.Jessica@epa.gov

Environmental Protection Agency (EPA) Office of Prevention, Pesticides and Toxic Substances ( OPPTS ) RIN: 2070-AJ68

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Title: TSCA Inventory; Clarification for Chemical Identification Describing Statutory Mixtures, Including Ceramic Materials, Cements, and Frits for TSCA Inventory Purposes Abstract: EPA is clarifying the guidance on chemical identification of certain statutory mixtures for purposes of the Toxics Substances Control Act Chemical Substance Inventory (TSCA Inventory). For the initial reporting period that established the TSCA Inventory, EPA developed broad listing criteria ("category listings") for the complex reaction products known as statutory mixtures. These included ceramics, cements, and frits. Since that time, there has been inconsistent guidance for manufacturers of such substances with regard to whether new chemical notification under section 5 of TSCA was required for such new substances. Under this action, EPA will clarify which chemical substances comprise complex reaction products that fall under the "category listings" and which chemical substances (not currently on the TSCA Inventory) would be considered to be "new"chemical substances under TSCA and thus be subject to new chemical notification under TSCA section 5.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 710 to 77 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 15 USC 2601 et seq. Legal Deadline: None

Timetable:
Action Date FR Cite Draft Clarification 03/00/2011

Additional Information: SAN No. 5421

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No RIN Information URL: http://www.epa.gov/oppt/ Sectors Affected: 325 Agency Contact: David Schutz Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7405M Washington , DC 20460 Phone: 202 564-9262 FAX: 202 564-9490 E-Mail: Schutz.David@epa.gov Agency Contact: Greg Schweer Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7405M Washington , DC 20460 Phone: 202 564-8469 FAX: 202 564-9094 E-Mail: Schweer.Greg@epa.gov

Environmental Protection Agency (EPA) Office of Prevention, Pesticides and Toxic Substances ( OPPTS ) RIN: 2070-AJ70

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Title: TSCA Chemicals of Concern List Under Section 5(b)(4) of the Toxic Substances Control Act Abstract: EPA is proposing to add a category of eight phthalates, a category of polybrominated diphenyl ethers (PBDEs), and bisphenol A (BPA) to a list of chemical substances that EPA finds present or may present an unreasonable risk of injury to human health or the environment. EPA is proposing this rule using the authority provided under section 5(b)(4) the Toxic Substances Control Act (TSCA). EPA is concerned that the hazards of these substances and the magnitude of human and/or environmental exposure indicates that they may present an unreasonable risk to human health and/or the environment. EPA is also proposing conforming changes to the TSCA 12(b) export notification regulations.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 730 and 707 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 15 USC 2604 and 2611 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 12/00/2010

Additional Information: SAN No. 5430Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No RIN Information URL: http://www.epa.gov/oppt/existingchemicals/pubs/managechemrisk.html Sectors Affected: 325 Agency Contact: Jessica Barkas Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7405M Washington , DC 20460 Phone: 202 250-8880 E-Mail: Barkas.Jessica@epa.gov Agency Contact: Maria Doa Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7404T Washington , DC 20460 Phone: 202 566-0718 E-Mail: Doa.Maria@epa.gov

Environmental Protection Agency (EPA) Office of Prevention, Pesticides and Toxic Substances ( OPPTS ) RIN: 2070-AJ71

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Title: Mercury; Significant New Use Rule; Elemental Mercury Used in Barometers, Manometers, and Hygrometers/Psychrometers Abstract: This proposed Significant New Use Rule (SNUR) would require persons to notify EPA at least 90 days before commencing the manufacture, import, or processing of elemental mercury for use in three types of measuring devices, namelybarometers, manometers, and hygrometers/psychrometers. Mercury is no longer used in these products (except one batterypowered, motor-aspirated psychrometer which is currently manufactured). EPA would consider a resumption of manufacture, import, or processing of any of the three types of devices to be a significant new use. The rule does not apply to this one psychrometer that is still manufactured. Elemental mercury in products can be released to the environment during manufacturing, use, recycling, and/or disposal. Elemental mercury is converted to methyl mercury in the environment and is a potent neurotoxin.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 721 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 15 USC 2604, 2607, and 2625(c). Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 02/00/2011

Additional Information: SAN No. 5440

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: Business Federalism: No Energy Affected: No RIN Information URL: http://www.epa.gov/oppt/existingchemicals/ Sectors Affected: 334513 Agency Contact: Sue Slotnick Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7404T Washington , DC 20460 Phone: 202 566-1973 E-Mail: slotnick.sue@epa.govAgency Contact: Lynn Vendinello Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7404T Washington , DC 20460 Phone: 202 566-0514 FAX: 202 566-0473 E-Mail: vendinello.lynn@epa.gov

Environmental Protection Agency (EPA) Office of Prevention, Pesticides and Toxic Substances ( OPPTS ) RIN: 2070-AJ73

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Title: Significant New Use Rule (SNUR); Di-n-pentyl Phthalate (DnPP) Abstract: EPA is proposing a significant new use rule (SNUR) under section 5(a)(2) of the Toxic Substances Control Act (TSCA) for di-n-pentyl phthalate (DnPP). This proposed rule would require manufacturers and processors of DnPP to notify EPA at least 90 days before manufacturing, importing, or processing DnPP for a significant new use. The required notice would provide EPA the opportunity to evaluate the significant new use, and if necessary, prohibit such activity to prevent unreasonable risk of injury to human health or the environment. DnPP was identified for potential action in EPA's Existing Chemical Action Plan for Phthalates, released in December 2009. The most recent Inventory Update Reporting data contain no reports of this phthalate being produced or imported into the United States.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 721 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 15 USC 2601 et seq Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 04/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No RIN Information URL: http://www.epa.gov/oppt/newchems/pubs/snun.htm Sectors Affected: 325 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 E-Mail: gimlin.peter@epa.gov Agency Contact: Sara Kemme Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7404T Washington , DC 20460 Phone: 202 566-0511 FAX: 202 566-0473 E-Mail: kemme.sara@epa.gov

Environmental Protection Agency (EPA) Office of Prevention, Pesticides and Toxic Substances ( OPPTS ) RIN: 2070-AJ75

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Title: Electronic Reporting for Health and Safety Data Under the Toxic Substances Control Act (TSCA)Abstract: EPA is developing a proposal to facilitate the expanded use of electronic reporting under the Toxic Substances Control Act (TSCA). This action is intended to streamline and reduce the administrative costs and burdens of submitting health and safety data, for both industry and the EPA, by establishing standards and requirements using EPA’s Central Data Exchange (CDX) to electronically submit health and safety data to the Agency. Specifically, EPA is developing a proposal to amend the implementing regulations for submissions under section 4, 8(a), 8(d), and 8(e) of TSCA to facilitate the use of electronic reporting.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 712; 40 CFR 716; 40 CFR 790 to 799 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 15 USC 2601 et seq Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 10/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No RIN Information URL: http://www.epa.gov/oppt/ Sectors Affected: 325; 32411 Agency Contact: Katherine Sleasman Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7405M Washington , DC 20460 Phone: 202 564-7716 FAX: 202 564-4773 E-Mail: sleasman.katherine@epa.gov 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 E-Mail: Sheridan.Diane@epa.gov

Environmental Protection Agency (EPA) Office of Prevention, Pesticides and Toxic Substances ( OPPTS ) RIN: 2070-AJ76

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Title: Revisions to EPA's Rule on Protections for Subjects in Human Research Involving Pesticides Abstract: As part of a settlement agreement, EPA will propose revisions to the existing rule governing the protection of subjects in human research involving pesticides. The current rule, issued in 2006, provides protections for subjects in human research by (1) prohibiting research conducted or supported by EPA that would involve intentional exposure of human subjects who are children or pregnant or nursing women; (2) prohibiting EPA reliance in actions under the pesticide laws on research involving intentional exposure of children or pregnant or nursing women; (3) extending the substantive requirements of the Common Rule to the design and execution of research conducted by third-parties who intend to submit the data to EPA under the pesticide laws; and (4) establishing the Human Studies Review Board, an independent expert panel to review proposals for new research and reports of covered human research on which EPA proposes to rely under the pesticide laws. In settling this litigation, EPA agreed to propose to broaden the applicability of the 2006 rule to apply to research involving intentional exposure of a human subject to “a pesticide,” without limitation as to the regulatory statutes under which the data might be submitted, considered, or relied upon. The new proposed rule, therefore, would apply to all research with “pesticides,” as that term is defined in 7 U.S.C. 136(u) [Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), sec. 2(u)], submitted, considered, or relied upon under any regulatory statute that EPA administers. EPA also committed in the settlement agreement to propose amendments to the rule that would disallow consent by an authorized representative of a test subject and that would require the Agency, in its reviews of covered human research, to document its ethics and science considerations in terms of the recommendations articulated in the National Research Council’s 2004 report, Intentional Human Dosing Studies for EPA Regulatory Purposes.Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 26 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: PL 109-54, sec 201; 5 USC 301; 42 USC 300v-1(b); 7 USC 136 to 136y; 21 USC 346a Legal Deadline:
Action Source Description Date

NPRM Judicial Settlement Agreement Deadline for the Administrator's Signature 01/18/2011 Other Judicial Settlement Agreement Deadline for the Administrator's Signature 12/18/2011

Regulatory Plan: Statement of Need: In 2006, EPA promulgated a regulation governing the protection of subjects in human research involving pesticides. EPA settled litigation challenging the 2006 rule by promising to conduct this rulemaking.

Legal Basis: Public Law 109-54, section 201; 5 U.S.C. 301; 42 U.S.C. 300v-1(b); 7 U.S.C. 136 to 136y; 21 U.S.C. 346a

Alternatives: This action involves proposal of amendments to the 2006 rule consistent with a negotiated settlement, followed by receipt and response to public comments and promulgation of a final rule. Because alternative educational, voluntary, incentive-based, market-based, or other non-regulatory approaches could not resolve the legal challenge to the 2006 rule, they are not being considered. EPA retains discretion to adopt a final rule that differs from its proposal.

Costs and Benefits: Impacts are expected to be primarily procedural and limited to the costs of supporting the rulemaking effort itself. Expected benefits from this action will result from resolution of the litigation and establishing the stability of the rules governing regulated human research with pesticides by third parties.

Risks: Although no research is known of that would fall outside the scope of the 2006 rule but within the scope of the proposed amendment, this action addresses a perceived loophole for unethical human pesticide research to be submitted to EPA and relied on by the Agency under other regulatory statutes. Timetable:
Action Date FR Cite
NPRM 01/00/2011
Final Action 12/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal Small Entities Affected: No Federalism: No Energy Affected: No RIN Information URL: http://www.epa.gov/oppfead1/guidance/human-test.htm Agency Contact: John Carley Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7501P Washington , DC 20460 Phone: 703 305-7019 FAX: 703 308-4776 E-Mail: Carley.John@epa.gov Agency Contact: William Jordan Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7501P Washington , DC 20460 Phone: 703 305-1049 FAX: 703 308-4776 E-Mail: Jordan.William@epa.gov

Environmental Protection Agency (EPA) Office of Prevention, Pesticides and Toxic Substances ( OPPTS ) RIN: 2070-AJ77

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Title: Synchronizing the Expiration Dates of EPA Pesticide Applicator Certificates With the Underlying State or Tribal Applicator CertificateAbstract: Applicators of restricted-use pesticides (RUP) can be certified by States, Tribes, or non-EPA Federal agencies that have an EPA-approved certification plan (authorized agencies). As part of a proposed Federal Plan, pesticide applicators may be issued an EPA certificate which allows them to apply RUPs in entities not covered by an authorized agency (e.g., parts of Indian Country) by submitting an application form and providing documentation of an existing valid certification issued by an authorized agency, without further demonstration of competency. The EPA certificate is valid for 2 years for commercial applicators and 3 years for private applicators, or until the expiration date of the original certificate issued by the authorized agencies, whichever occurs first. Some authorized agencies now issue certificates that are valid for up to 5 years. Under the current regulations, the EPA certificate may expire before the underlining certificate that it was based on expires, requiring the applicator to resubmit the same information to renew the EPA certificate. Through this action, EPA will propose to synchronize the expiration dates so that the EPA certificate expires at the same time as the underlying state, tribal, or non-EPA federal certificate. This action will not involve any other substantive changes to the regulations.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 171.11(e) (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 7 USC 136a et seq. Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 01/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; State; Tribal Small Entities Affected: Business; Organizations Federalism: No Energy Affected: No RIN Information URL: http://www.epa.gov/oppfead1/safety/applicators/applicators.htm Sectors Affected: 32532 Agency Contact: Amaris Johnson Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7506P Washington , DC 20460 Phone: 703 305-9542 FAX: 703 308-7070 E-Mail: johnson.amaris@epa.gov Agency Contact: Nicole Zinn Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7506P Washington , DC 20460 Phone: 703 308-7076 FAX: 703 308-7070 E-Mail: zinn.nicole@epa.gov

Environmental Protection Agency (EPA) Office of Prevention, Pesticides and Toxic Substances ( OPPTS ) RIN: 2070-AJ78

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Title: Significant New Use Rule (SNUR); Benzidine-Based Dyes Abstract: EPA is developing a significant new use rule (SNUR) under section 5(a)(2) of the Toxic Substances Control Act (TSCA) for Benzidine-based Dyes. This action would require persons who intend to manufacture, import, or process this/these chemical substance(s) for an activity that is designated as a significant new use to notify EPA at least 90 days before commencing that activity. The required notification would provide EPA with the opportunity to evaluate the intended use and, if necessary, to prohibit or limit that activity before it occurs to prevent unreasonable risk to human health or the environment.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 721 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 15 USC 2601 et seq. Legal Deadline: NoneTimetable:
Action Date FR Cite
NPRM 06/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest. RIN Information URL: http://www.epa.gov/oppt/existingchemicals/pubs/sect5a2.html Sectors Affected: 325 Agency Contact: Abeer Hashem Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7405M Washington , DC 20460 Phone: 202 564-1117 E-Mail: Hashem.Abeer@epa.gov Agency Contact: Annette Washington Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7405M Washington , DC 20460 Phone: 202 564-8178 E-Mail: Washington.Annette@epa.gov

Environmental Protection Agency (EPA) Office of Prevention, Pesticides and Toxic Substances ( OPPTS ) RIN: 2070-AJ79

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Title: Pesticides; Revisions to Minimum Risk Exemptions Abstract: EPA has determined that the current listing of active ingredients and references to inert ingredients in 40 CFR 152.25(f) should be made clearer to facilitate manufacturing processes, enforcement, and consumer choice among products. In this action, EPA will explore options for clarifying the active and inert ingredient listings, including both rule and non-rule actions.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 152.25 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 7 USC 136a; 7 USC 136w Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 09/00/2011

Additional Information: Split from RIN 2070-AJ45.

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Federal; State

Small Entities Affected: Business Federalism: No Energy Affected: No RIN Information URL: http://www.epa.gov/pesticides/ Sectors Affected: 3251; 32532 Agency Contact: Niva Kramek Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7506P Washington , DC 20460 Phone: 703 605-1193 FAX: 703 305-5884E-Mail: Kramek.Niva@epa.gov Agency Contact: Kathryn Boyle Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7506P Washington , DC 20460 Phone: 703 305-6304 FAX: 703 305-5884 E-Mail: Boyle.Kathryn@epa.gov

Environmental Protection Agency (EPA) Office of Prevention, Pesticides and Toxic Substances ( OPPTS ) RIN: 2070-AJ80

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Title: Pesticides; Clarifications for Microbial Pesticide Definitions and Applicability Abstract: The Agency intends to propose two clarifications to text found in the Microbial Pesticides Definition and Applicability section (40 CFR 158.2100). The first is a technical correction, replacing “part” with “subpart” in 40 CFR 158.2100(c)(1). The other clarification, involving revisions to 40 CFR 158.2100(c)(2), is in response to recent confusion over the distinction between isolates and strains and exactly how the Agency is considering both of these terms. In conjunction with the second change, the Agency is also developing a new microbial pesticide guideline to explain the Deposition of a Sample in a Nationally Recognized Culture Collection data requirement, which is found in the tables in 40 CFR 158.2120(c) and 40 CFR 158.2171(c). Presently, there is no guideline referenced in the tables for this requirement. Additionally, to clarify this microbial deposition data requirement, the Agency intends to propose adding a test note to the aforementioned tables, emphasizing the need for the continuing “maintenance” of a culture deposit to ensure it remains available in case the Agency requests a sample. Finally, the Agency is proposing to remove incorrect references in 40 CFR 158.2120 and 158.2171 to a paragraph (e) that does not exist.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 158.2100(c)(1) and (c)(2); 40 CFR 158.2120(c) table note. (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 7 USC 136a et seq, Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 04/00/2011

Additional Information: EPA Docket information: EPA-HQ-OPP-2010-0670

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal Small Entities Affected: No Federalism: No Energy Affected: No RIN Information URL: http://www.epa.gov/pesticides/biopesticides/ Sectors Affected: 32532; 32519 Agency Contact: Rose Kyprianou Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7506P Washington , DC 20460 Phone: 703 305-5354 FAX: 703 305-5884 E-Mail: Kyprianou.Rose@epa.gov Agency Contact: Cameo Smoot Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7506P Washington , DC 20460 Phone: 703 305-5454 E-Mail: Smoot.Cameo@epa.govEnvironmental Protection Agency (EPA) Office of Prevention, Pesticides and Toxic Substances ( OPPTS ) RIN: 2070-AJ81

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Title: Short-Chained Chlorinated Paraffins (SCCPs); Significant New Use Rule (SNUR) Abstract: EPA intends to designate any new manufacture or import of Short-chained Chlorinated Paraffins (SCCPs) as a "significant new use" under section 5 of the Toxic Substances Control Act (TSCA). Before the chemical can be manufactured or imported for the significant new use, the company would be required to provide advance notification to EPA. This approach gives EPA the opportunity to evaluate any concerns, and if necessary, regulate future manufacture, import, or uses associated with this chemical. EPA believes that this action is necessary because these chemical substances may be hazardous to human health and the environment. The required notice will provide EPA the opportunity to evaluate intended significant new uses and associated activities before they occur and, if necessary, to prohibit or limit those uses or activities.

Priority: Other Significant Agenda Stage of Rulemaking: Proposed Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 721 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 15 USC 2601 et seq. Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 08/00/2011

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No RIN Information URL: http://www.epa.gov/oppt/ Sectors Affected: 325 Agency Contact: Tom Simons Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7404T Washington , DC 20460 Phone: 202 566-0517 FAX: 202 566-0473 E-Mail: simons.tom@epa.gov Agency Contact: Priscilla Flattery Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7401M Washington , DC 20460 Phone: 202 564-2718 FAX: 202 564-0575 E-Mail: flattery.priscilla@epa.gov

Environmental Protection Agency (EPA) Office of Prevention, Pesticides and Toxic Substances ( OPPTS ) RIN: 2070-AA58

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Title: Follow-Up Rules on Existing Chemicals Abstract: EPA monitors the commercial development of existing chemicals of concern and/or gathers information to support planned or ongoing risk assessments on such chemicals. As these chemicals are identified, EPA will initiate rulemakings under the Toxic Substances Control Act (TSCA) sections 5 and/or 8 to require reporting of appropriate needed information by the manufacturers, importers and/or processors of these chemicals. Individual proposed or final rules will be published as chemicals are identified.

Priority: Routine and Frequent Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 704; 40 CFR 707; 40 CFR 710; 40 CFR 721 (To search for a specific CFR, visit the Code of FederalRegulations ) Legal Authority: 15 USC 2604 TSCA 5; 15 USC 2607 TSCA 8 Legal Deadline: None

Timetable:
Action Date FR Cite NPRM: 2,4-Pentanedione 09/27/1989 54 FR 39548 NPRM SNUR: Heavy Metals 01/15/2002 67 FR 1937 Final SNUR: Heavy Metals 06/00/2011 Final: 2,4–Pentanedione 12/00/2011

Additional Information: EPA publication information: NPRM SNUR: Heavy Metals - http://frwebgate.access.gpo.gov/cgibin/getdoc.cgi?dbname=2002_register&docid=02-963-filed.pdf

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: Business; Governmental Jurisdictions Federalism: No
Energy Affected: No RIN Information URL: http://www.epa.gov/oppt/existingchemicals/ Sectors Affected: 325; 32411 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 E-Mail: Sheridan.Diane@epa.gov Agency Contact: Amy Breedlove Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7405M Washington , DC 20460 Phone: 202 564-9823 E-Mail: Breedlove.Amy@epa.gov

Environmental Protection Agency (EPA) Office of Prevention, Pesticides and Toxic Substances ( OPPTS ) RIN: 2070-AA59

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Title: Significant New Use Rules (SNURs); Follow-Up Rules on Non-5(e) New Chemical Substances Abstract: Section 5(a)(2) of the Toxic Substances Control Act (TSCA) authorizes EPA to determine that a use of a chemical substance is a "significant new use." After considering all relevant factors, including those listed in TSCA section 5(a)(2), EPA makes this determination by promulgating Significant New Use Rules (SNURs). These regulations require persons who intend to manufacture, import, or process a chemical substance contained in a SNUR for an activity that is designated as a significant new use to notify EPA at least 90 days before commencing that activity. The required notification will provide EPA with the opportunity to evaluate the intended use and, if necessary, to prohibit or limit that activity before it occurs. For chemicals which were the subject of premanufacture notices (PMNs), EPA may promulgate "non-5(e) SNURs" when the Agency did not find that the chemical’s manufacture, processing, distribution, use or disposal, as described in the PMN, triggered the determinations set forth under TSCA section 5(e), but did find that certain changes in the chemical’s manufacture, processing, distribution, use or disposal could result in increased exposures to or releases of the substance. Under the Expedited Follow-up Rule (EFUR), 40 CFR part 721, subpart D, EPA routinely issues batch direct final section 5(e) and non-5(e) SNURs. This Regulatory Agenda action addresses those chemicals that were subject to a proposed SNUR prior to the effective date of the EFUR or which do not qualify under the EFUR.

Priority: Routine and Frequent Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 721 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 15 USC 2601 et seq. Legal Deadline: NoneTimetable:
Action Date FR Cite NPRM: P-84-1056 06/11/1986 51 FR 21199 NPRM: P-86-566 12/08/1987 52 FR 46496 NPRM: Aluminum Cross-linked Sodium Carboxymethylcellulose 06/11/1993 58 FR 32628 Final: Aluminum Cross-linked Sodium Carboxymethylcellulose 04/00/2011
Final: P-86-566 04/00/2011
Final: P-84-1056 04/00/2011

Additional Information: SAN No. 1976

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: Business Federalism: No Energy Affected: No RIN Information URL: http://www.epa.gov/opptintr/newchems/pubs/cnosnurs.htm Sectors Affected: 325; 324 Agency Contact: Karen Chu Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7405M Washington , DC 20460 Phone: 202 564-8773 FAX: 202 564-4765 E-Mail: chu.karen@epa.gov Agency Contact: Greg Schweer Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7405M Washington , DC 20460 Phone: 202 564-8469 FAX: 202 564-9094 E-Mail: Schweer.Greg@epa.gov

Environmental Protection Agency (EPA) Office of Prevention, Pesticides and Toxic Substances ( OPPTS ) RIN: 2070-AB27

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Title: Significant New Use Rule (SNUR); Chemical-Specific SNURs To Extend Provisions of Section 5(e) Orders Abstract: Section 5(a)(2) of the Toxic Substances Control Act (TSCA) authorizes EPA to determine that a use of a chemical substance is a "significant new use." After considering all relevant factors, including those listed in TSCA section 5(a)(2), EPA makes this determination by promulgating Significant New Use Rules (SNURs). These regulations require persons who intend to manufacture, import, or process a chemical substance contained in a SNUR for an activity that is designated as a significant new use to notify EPA at least 90 days before commencing that activity. The required notification will provide EPA with the opportunity to evaluate the intended use and, if necessary, to prohibit or limit that activity before it occurs. For chemicals which were the subject of premanufacture notices (PMNs) and for which EPA made a determination that the manufacture, processing, distribution, use or disposal may present an unreasonable risk, the Agency may issue a section 5(e) consent order to limit these activities. The Agency generally issues “5(e)” SNURs to extend the controls prescribed in these consent orders to other manufacturers and processors by designating the manufacture, processing, distribution, use or disposal of the substances without the specified controls as significant new uses. For chemicals which were the subject of PMNs, EPA may also promulgate "non-5(e) SNURs" when the Agency did not find that the chemical’s manufacture, processing, distribution, use or disposal, as described in the PMN, triggered the determinations set forth under TSCA section 5(e) but did find that certain changes in the chemical’s manufacture, processing, distribution, use or disposal could result in increased exposures to or releases of the substance. Under the Expedited Follow-up Rule (EFUR), 40 CFR part 721, Subpart D, EPA routinely issues batch direct final section 5(e) and non-5(e) SNURs.

Priority: Routine and Frequent Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 721 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 15 USC 2604 Legal Deadline: NoneTimetable:
Action Date FR Cite NPRM: Aromatic Amino Ether (P90-1840) 06/06/1994 59 FR 29255 NPRM: Alkenyl Ether of Alkanetriol Polymer (93-458) 12/19/1994 59 FR 65289 NPRM: Certain Chemical Substances (91-1299/95-1667 91-1298 91- 1297) 06/26/1997 62 FR 34421
NPRM; Certain Chemical Substances -- (P01-759, P05-555, P07-283) 06/09/2008 73 FR 32508
Direct Final Action: Certain Chemical Substances, Batch FY08-1 11/05/2008 73 FR 65743 Direct Final Action, Certain Chemical Substances, Batch FY09-1 06/24/2009 74 FR 29982 Final; Certain Chemical Substances -- (P01-759, P05-555, P07-283) 07/08/2009 74 FR 32460 Direct Final Action: Certain Chemical Substances, Batch FY09-2 09/18/2009 74 FR 47877 NPRM Reproposal for 2 Carbon Nanotubes 11/06/2009 74 FR 57430 NPRM Revocation Batch FY10-01 12/31/2009 74 FR 69320 NPRM for 1 Carbon Nanotube 02/03/2010 75 FR 5546 Direct Final Action Batch 10-01 02/01/2010 75 FR 4983 Direct Final Rule; Batch FY10-02 06/24/2010 75 FR 35977 NPRM; Carbon Nanotubes; Reopening Comment Period 07/28/2010 75 FR 44198 Final Action; 2 Carbon Nanotubes 12/00/2010
NPRM Batch 10-1 12/00/2010
Direct Final Action Batch FY10-04 12/00/2010
Direct Final Action Batch FY10-03 12/00/2010 Final Action; 1 Carbon Nanotube 12/00/2010 NPRM Modifications Batch 10-01 12/00/2010 Final: Certain Chemical Substances (91-1299/95-1667 91-1298 91- 1297) 12/00/2010
Final: Alkenyl Ether of Alkanetriol Polymer (93-458) 12/00/2010 Final: Aromatic Amino Ether (P90-1840) 12/00/2010

Additional Information: EPA publication information: NPRM; Certain Chemical Substances -- (P01-759, P05-555, P07- 283) - http://www.epa.gov/fedrgstr/EPA-TOX/2008/June/Day-09/t12862.pdf

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: Business Federalism: No Energy Affected: No RIN Information URL: http://www.epa.gov/opptintr/newchems/pubs/cnosnurs.htm Sectors Affected: 325; 324 Agency Contact: Kenneth Moss Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7405M Washington , DC 20460 Phone: 202 564-9232 FAX: 202 564-4745 E-Mail: moss.kenneth@epa.gov Agency Contact: Tracey Klosterman Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7405M Washington , DC 20460 Phone: 202 564-2209 FAX: 202 564-9490 E-Mail: klosterman.tracey@epa.gov

Environmental Protection Agency (EPA) Office of Prevention, Pesticides and Toxic Substances ( OPPTS ) RIN: 2070-AC46

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Title: Groundwater and Pesticide Management Plan Rule Abstract: As proposed, this regulation would have established Pesticide Management Plans (PMPs) as a new regulatory requirement for certain pesticides. Unless a State or tribal authority had an EPA-approved Plan specifying risk-reduction measures, use of the chemical would be prohibited. The rule would also specify procedures and deadlines for development,approval and modification of plans by States and tribal authorities. Several parameters of the program described in the proposed rule were reconsidered to determine whether the program could address water quality issues rather than ground-water only, and to determine the best partnership approach to implementation. During this period, the risk level associated with the named pesticides was reexamined and reduced. Moreover, since the proposal in 1996, many States have adopted the original concept and framework of Pesticide Management Plans and these programs are operational today. This experience and growth in knowledge has exceeded the requirements and specifications of the original proposal. Accordingly, EPA intends to withdraw the proposed rule in the near future.

Priority: Info./Admin./Other Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 152.170 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 7 USC 136(a) "FIFRA sec 3"; 7 USC 136(w) Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 06/26/1996 61 FR 33259 NPRM Comment Period End 10/24/1996 Notice; Metolachlor 02/23/2000 65 FR 8925 Supplemental Notice & Extension of Comment Period 03/24/2000 65 FR 15885 Notice: Withdrawal of NPRM 12/00/2010

Additional Information: EPA publication information: NPRM - http://www.epa.gov/fedrgstr/EPA-PEST/1996/June/Day-26/pr768.html

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No RIN Information URL: http://www.epa.gov/pesticides/ Sectors Affected: 9241 Agency Contact: Charles Evans Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7506P Washington , DC 20460 Phone: 703 305-7199 E-Mail: Evans.Charles@epa.gov Agency Contact: Rose Kyprianou Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7506P Washington , DC 20460 Phone: 703 305-5354 FAX: 703 305-5884 E-Mail: Kyprianou.Rose@epa.gov

Environmental Protection Agency (EPA) Office of Prevention, Pesticides and Toxic Substances ( OPPTS ) RIN: 2070-AD16

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Title: High Production Volume (HPV) Chemicals; Testing of Certain Chemicals Abstract: EPA has or is developing several test rules under section 4(a) of the Toxic Substances Control Act (TSCA) to 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) that have not been sponsored under the voluntary HPV Challenge Program. Although varied based on specific data needs for the particular chemical, the data generally collected under these rules 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. When finalized in 2006, the number of chemicals included in the first final rule was reduced to 17 based on new information on annual production volumes, worker exposure, and commitments to the voluntary HPV Challenge Program. A second proposed test rule that published in 2008 for 19 chemicals is expected to be finalized in 2010. A third proposed test rule that published in early 2010 for 29 chemicals is expected to be finalized in 2011.Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 790 to 799 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 15 USC 2603 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 12/26/2000 65 FR 81658 Final Action 03/16/2006 71 FR 13709 Direct Final Action1; Revocation; Coke-Oven Light Oil (Coal) 12/08/2006 71 FR 71058
NPRM2 07/24/2008 73 FR 43314 NPRM3 02/25/2010 75 FR 8575 Final Action2 12/00/2010 Direct Final Action1-2; Revocation 12/00/2010
NPRM4 04/00/2011
Final Action3 04/00/2011

Additional Information: EPA Docket information: EPA-HQ-OPPT-2005-0033; EPA-HQ-OPPT-2007-0531; EPA-HQOPPT-2009-0112

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal Small Entities Affected: Business Federalism: No Energy Affected: No International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest. RIN Information URL: http://www.epa.gov/opptintr/chemtest Sectors Affected: 325; 32411 Agency Contact: Paul Campanella Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7405M Washington , DC 20460 Phone: 202 564-8091 E-Mail: Campanella.Paul@epa.gov Agency Contact: John Schaeffer Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7405M Washington , DC 20460 Phone: 202 564-8173 FAX: 202 564-4765 E-Mail: Schaeffer.John@epa.gov

Environmental Protection Agency (EPA) Office of Prevention, Pesticides and Toxic Substances ( OPPTS ) RIN: 2070-AD30

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Title: Pesticides; Data Requirements for Antimicrobials Abstract: EPA is updating and revising its pesticide data requirements for antimicrobial pesticide products. The existing antimicrobial data requirements are in 40 CFR part 161. This action will revise the existing data requirements to reflect current regulatory and scientific standards. The data requirements will cover all scientific disciplines for antimicrobial pesticides, including product chemistry and residue chemistry, toxicology, and environmental fate and effects. In general, pesticide data requirements are codified in 40 CFR part 158, which describes the minimum data and information EPA typically requires to support an application for pesticide registration or amendment; support the maintenance of a pesticide registration by means of the data call-in process, e.g., as used in the registration review program; or establish or maintain a tolerance or exemption from the requirements of a tolerance for a pesticide chemical residue. This part establishes general policies and procedures associated with the submission of data in support of a pesticide regulatory action. It does not, however, include study protocols, methodology, or standards for conducting or reporting test results; nor does this part describe how the Agency uses or evaluates the data and information in its risk assessment and risk management decisions, or the regulatory determinations that may be based upon the data. Once this regulatory change takes effect, data requirements for antimicrobial pesticides will be set forth insubpart W of 40 CFR part 158, and part 161 will be removed.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 158 and 161 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 7 USC 136 to 136y Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 10/08/2008 73 FR 59381 Final Action 04/00/2011

Additional Information: EPA publication information: NPRM - http://www.epa.gov/fedrgstr/EPA-PEST/2008/October/Day08/p23127.pdf; EPA Docket information: EPA-HQ-OPP-2008-0110

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal Small Entities Affected: Business Federalism: No Energy Affected: No RIN Information URL: http://www.epa.gov/oppad001/ Sectors Affected: 32519; 32551; 32532; 32561 Agency Contact: Kathryn Boyle Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7506P Washington , DC 20460 Phone: 703 305-6304 FAX: 703 305-5884 E-Mail: Boyle.Kathryn@epa.gov Agency Contact: Nader Elkassabany Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7506P Washington , DC 20460 Phone: 703 308-8783 FAX: 703 305-5884 E-Mail: elkassabany.nader@epa.gov

Environmental Protection Agency (EPA) Office of Prevention, Pesticides and Toxic Substances ( OPPTS ) RIN: 2070-AD55

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Title: Plant Incorporated Protectants (PIPs); Exemption for Those Derived Through Genetic Engineering From Sexually Compatible Plants Abstract: EPA has determined that the record for this action, which was originally proposed in 1994, does not address the scientific information developed since the original proposal. Consequently, the record would not provide adequate, up-to-date support for the proposed rule. In 1994, EPA believed that the proposed exemption for plant-incorporated protectants (PIPs) derived through genetic engineering from plants sexually compatible with the recipient plant had the potential to cover a number of low-risk products. However, experience in the last decade has shown that such PIPs have not been developed in great numbers. If EPA were to pursue such an exemption in the future, the Agency would issue a new proposed rule. As such, EPA is considering withdrawing the 1994 proposal. Withdrawing the 1994 proposal does not preclude EPA’s pursuing the same approach in the future. If withdrawn, the Agency would create a new entry in the Regulatory Agenda once the Agency decided to pursue such a rulemaking in the future.

Priority: Info./Admin./Other Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 174 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 7 USC 136 et seq; 21 USC 346a et seq Legal Deadline: None

Timetable:Action Date FR Cite
NPRM 11/23/1994 59 FR 60496 Supplemental NPRM 1 07/22/1996 61 FR 37891 Supplemental NPRM 2 05/16/1997 62 FR 27132 Supplemental NPRM 3 04/23/1999 64 FR 19958 Supplemental NPRM 4 07/19/2001 66 FR 37855 Supplemental NPRM 5 08/20/2001 66 FR 43552 Notice; Withdrawal of NPRMs 02/00/2011

Additional Information: SAN No. 4611

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No RIN Information URL: http://www.epa.gov/pesticides/biopesticides/pips/index.htm Sectors Affected: 61131; 111; 32532; 54171 Agency Contact: Elizabeth Milewski Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7201M Washington , DC 20460 Phone: 202 564-8480 FAX: 202 564-8502 E-Mail: Milewski.Elizabeth@epa.gov Agency Contact: Keith Matthews Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7511P Washington , DC 20460 Phone: 703 308-8712 FAX: 703 308-7026 E-Mail: Matthews.Keith@epa.gov

Environmental Protection Agency (EPA) Office of Prevention, Pesticides and Toxic Substances ( OPPTS ) RIN: 2070-AD56

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Title: Plant Incorporated Protectants (PIPs); Exemption for PIPs That Act by Primarily Affecting the Plant Abstract: EPA has determined that the record for this action, which was originally proposed in 1994, does not address the scientific information developed since the original proposal. Consequently, the record would not provide adequate, up-to-date support for the proposed rule. In 1994, EPA believed that the proposed exemption for plant-incorporated protectants (PIPs) that act by primarily affecting the plant had the potential to cover a number of low-risk products. However, experience in the last decade has shown that such PIPs have not been developed in great numbers. If EPA were to pursue such an exemption in the future, the Agency would issue a new proposed rule. As such, EPA is considering withdrawing the 1994 proposal. Withdrawing the 1994 proposal does not preclude EPA’s pursuing the same approach in the future. If withdrawn, the Agency would create a new entry in the Regulatory Agenda once the Agency decided to pursue such a rulemaking in the future.

Priority: Info./Admin./Other Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 174 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 7 USC 136 et seq; 21 USC 346a et seq Legal Deadline: None

Timetable:
Action Date FR Cite NPRM Original 11/23/1994 59 FR 60496 Supplemental NPRM 07/22/1996 61 FR 37891 Supplemental NPRM 2 05/16/1997 62 FR 27132 Supplemental NPRM 3 04/23/1999 64 FR 19958 Supplemental NPRM 4 07/19/2001 66 FR 37855 Notice; Withdrawal of NPRMs 12/00/2010Additional Information: SAN No. 4612

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No RIN Information URL: http://www.epa.gov/pesticides/biopesticides/pips/index.htm Sectors Affected: 6113; 111; 32532; 54171 Agency Contact: Elizabeth Milewski Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7201M Washington , DC 20460 Phone: 202 564-8480 FAX: 202 564-8502 E-Mail: Milewski.Elizabeth@epa.gov Agency Contact: Keith Matthews Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7511P Washington , DC 20460 Phone: 703 308-8712 FAX: 703 308-7026 E-Mail: Matthews.Keith@epa.gov

Environmental Protection Agency (EPA) Office of Prevention, Pesticides and Toxic Substances ( OPPTS ) RIN: 2070-AJ28

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Title: Pesticides; Expansion of Crop Grouping Program Abstract: EPA is revising the pesticide crop grouping regulations to create new crop groupings, add new subgroups, and expand existing crop groups by adding new commodities. The current crop groupings allow EPA to establish pesticide tolerances for multiple related crops based upon data for a representative set of crops. EPA expects these revisions to promote greater use of crop grouping for tolerance-setting purposes and to facilitate the availability of pesticides for minor crop uses. The first revision in a series of revisions to the crop grouping regulations was finalized in December 2007. In January 2010, EPA proposed the next revision to the crop grouping regulations, involving a proposal to create a new crop group and amend three other crop groups.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 180 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 21 USC 346a Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 1 05/23/2007 72 FR 28920 Final Action 1 12/07/2007 72 FR 69150 Final Action 1; Technical Amendment 01/02/2008 73 FR 51
NPRM 2 01/06/2010 75 FR 807 Final Action 2 01/00/2011

Additional Information: EPA publication information: NPRM 1 - http://www.epa.gov/fedrgstr/EPA-PEST/2007/May/Day23/p9595.htm; EPA Docket information: EPA-HQ-OPP-2006-0766

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No RIN Information URL: http://cfpub1.epa.gov/oppref/food_feed/index.cfmSectors Affected: 32532; 111 Agency Contact: Rame Cromwell Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7506P Washington , DC 20460 Phone: 703 308-9068 FAX: 703 305-5884 E-Mail: Cromwell.Rame@epa.gov Agency Contact: Barbara Madden Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7505P Washington , DC 20460 Phone: 703 305-6463 FAX: 703 305-5884 E-Mail: madden.barbara@epa.gov

Environmental Protection Agency (EPA) Office of Prevention, Pesticides and Toxic Substances ( OPPTS ) RIN: 2070-AJ43

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Title: TSCA Inventory Update Reporting Modifications Abstract: The Inventory Update Reporting (IUR) rule enables EPA to procure basic information on chemicals manufactured or processed for commercial purposes, resulting in a unique database that includes current production volume, manufacturing site-related data, and processing and use-related data for larger volume chemicals. This broad-based collection of manufacturing and use-exposure-related data provides basic information needed for risk prevention and management activities. The changes in the IUR Modifications rule are designed: (1) to tailor the information collected to more closely match the Agency’s overall information needs; (2) to obtain new and updated information relating to potential exposures to a subset of chemical substances listed on the Toxics Substances and Control Act (TSCA) Inventory; and (3) to improve the utility of the information reported. EPA believes that changing the information collected through the IUR, the method and frequency of collecting the information, and confidential business information (CBI) requirements will accomplish these goals. The major changes in the IUR Modifications Rule include: eliminating the upper threshold to collect processing and use data for all reported chemicals, collecting multi-year production volume information, returning the frequency of reporting to every 4 years from every 5, triggering reporting based on the annual production volume since the last IUR, and requiring electronic reporting. Other changes include modifications to specific data elements such as the production volume and types of industrial and commercial/consumer uses; requiring an indication of consumer or commercial use and, if commercial, the number of workers; changes to requirements for making CBI claims; migrating the regulatory text from 40 CFR 710 to 711; and eliminating obsolete regulatory text.

Priority: Other Significant Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 710 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 15 USC 2607 (TSCA section 8) Legal Deadline: None

Timetable:
Action Date FR Cite NPRM Comment Period Extended 08/13/2010 75 FR 49656 Final Action 07/00/2011

Additional Information: EPA publication information: NPRM -http://www.regulations.gov/search/Regs/home.html#documentDetail?R=0900006480b2ff32; EPA Docket information: EPA-HQOPPT-2009-0187

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: Business Federalism: No Energy Affected: No RIN Information URL: http://www.epa.gov/iur/ Sectors Affected: 324; 325 Agency Contact: Susan Sharkey Environmental Protection AgencyOffice of Prevention, Pesticides and Toxic Substances 7405M Washington , DC 20460 Phone: 202 564-8789 FAX: 202 564-4775 E-Mail: Sharkey.Susan@epa.gov Agency Contact: Chenise Farquharson Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7405M Washington , DC 20460 Phone: 202 564-7768 FAX: 202 564-4775 E-Mail: farquharson.chenise@epa.gov

Environmental Protection Agency (EPA) Office of Prevention, Pesticides and Toxic Substances ( OPPTS ) RIN: 2070-AJ57

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Title: Lead; Clearance and Clearance Testing Requirements for the Renovation, Repair, and Painting Program Abstract: On May 6, 2010, EPA proposed several revisions to the 2008 Lead Renovation, Repair, and Painting Program (RRP) rule that established accreditation, training, certification, and recordkeeping requirements, as well as work practice standards for persons performing renovations for compensation in most pre-1978 housing and child-occupied facilities. Current requirements include training renovators, other renovation workers, and dust sampling technicians; for certifying renovators, dust sampling technicians, and renovation firms; for accrediting providers of renovation and dust sampling technician training; for renovation work practices; and for recordkeeping. EPA is particularly concerned about dust lead hazards generated by renovations because of the well documented toxicity of lead, especially to younger children. This proposal includes additional requirements designed to ensure that lead-based paint hazards generated by renovation work are adequately cleaned after renovation work is finished and before the work areas are re-occupied. Specifically, EPA proposed to require dust wipe testing after many renovations covered by the RRP rule. For a subset of jobs involving demolition or removal of plaster through destructive means or the disturbance of paint using machines designed to remove paint through high-speed operation, such as power sanders or abrasive blasters, this proposal would also require the renovation firm to demonstrate, through dust wipe testing, that dust-lead levels remaining in the work area are below regulatory levels.

Priority: Economically Significant Agenda Stage of Rulemaking: Final Rule Major: Yes Unfunded Mandates: Private Sector CFR Citation: 40 CFR 745 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 15 USC 2601(c); 15 USC 2682(c)(3); 15 USC 2684; 15 USC 2686; 15 USC 2687 Legal Deadline:
Action Source Description Date

NPRM Judicial Signature 04/22/2010 Other Judicial Signature 07/15/2011

Regulatory Plan: Statement of Need: EPA is particularly concerned about dust lead hazards generated by renovations because children, especially younger children, are at risk for high exposures of lead-based paint dust via hand-to-mouth exposure. This rulemaking revision is being considered in response to a settlement agreement.

Legal Basis: Section 402(c)(3) of the Toxic Substances Control Act (TSCA) requires EPA to regulate renovation or remodeling activities that create lead-based paint hazards in target housing, which is defined by statute to cover most pre-1978 housing, public buildings built before 1978, and commercial buildings. The work practice requirements for dust wipe testing and clearance, training, certification and accreditation requirements, and State, territorial, and tribal authorization provisions are being promulgated under the authority of TSCA sections 402(c)(3), 404, and 407 (15 U.S.C. 2682(c)(3), 2684, and 2687).

Alternatives: In addition to the proposed rule option, the Economic Analysis for the proposed rule analyzes several alternative options, including options with lower and higher thresholds (in terms of the amount of lead-based paint disturbed) for renovations that require dust wipe testing or clearance. See also the discussion in the preamble to the proposed rule at page 25058 et seq.

Costs and Benefits: Benefits. The proposed rule is estimated to generate benefits by providing greater assurance that dust-lead hazards created by renovations are adequately cleaned up, primarily by requiring renovation firms to provide buildingowners and occupants with information on dust lead levels remaining in the work area after many renovation projects, but also by requiring renovation firms to demonstrate that they have achieved regulatory clearance levels after some of the dustiest renovations. These changes will protect individuals residing in target housing or attending a child-occupied facility where these renovation events are performed. It will also protect individuals who move into target housing after such a renovation is performed, or who visit a friend, relative, or caregiver’s house where such a renovation is performed. EPA has estimated the number of individuals residing in target housing units or attending COFs where renovation events are performed. The proposed rule will benefit 809,000 children under the age of 6 and 7,547,000 individuals age 6 and older (including 96,000 pregnant women) per year by minimizing their exposure to lead dust generated by renovations. The low threshold option would protect 882,000 children under the age of 6 and 8,193,000 individuals age 6 and older, including 105,000 pregnant women. The high threshold option protects 706,000 children and 6,590,000 individuals age 6 and older, including 83,000 pregnant women. The remaining three alternative options (dust wipe testing only, clearance only, and third party dust wipe testing) would affect the same number of individuals as the proposed rule, although the amount of protection provided to some of those individuals may differ from the proposed rule. Costs. Total annualized costs for the proposed rule are $272 million per year using a 3 percent discount rate and $293 million per year using a 7 percent discount rate. Under the low threshold option, costs are $312 million per year with a 3 percent discount rate and $336 million per year with a 7 percent rate. Under the high threshold option, costs are $224 million per year with a 3 percent discount rate and $242 million per year with a 7 percent discount rate. The option that only requires dust wipe testing costs $268 million per year with a 3 percent discount rate and $288 million per year with a 7 percent discount rate. The option requiring clearance for all renovations covered by the proposed rule costs $367 million with a 3 percent discount rate and $394 million with a 7 percent discount rate. The option requiring the use of a third-party for dust wipe sampling costs $431 million per year with a 3 percent discount rate and $459 million per year with a 7 percent discount rate. These cost estimates are based on the assumption that improved lead test kits would be available.

Risks: Lead is known for its "broad array of deleterious effects on multiple organ systems via widely diverse mechanisms of action." (EPA Air Quality Criteria for Lead, October 2006). This array of health effects includes heme biosynthesis and related functions; neurological development and function; reproduction and physical development; kidney function; cardiovascular function; and immune function. There is also some evidence of lead carcinogenicity, primarily from animal studies, together with limited human evidence of suggestive associations. Of particular interest to EPA during the RRP rulemaking was the delineation of lowest observed effect levels for those lead-induced effects that are most clearly associated with blood lead levels of less than 10 micrograms per deciliter in children and adults. See also the discussion in the preamble to the proposed rule at page 25039 et seq. Timetable:
Action Date FR Cite
NPRM 05/06/2010 75 FR 25038 NPRM Comment Period End 07/06/2010 NPRM Extension of Comment Period 07/07/2010 75 FR 38959 NPRM Comment Period Extended To 08/06/2010
Final Action 07/00/2011

Additional Information: EPA publication information: NPRM -http://www.regulations.gov/search/Regs/home.html#documentDetail?R=0900006480ae7efa; EPA Docket information: EPA-HQOPPT-2005-0049

Regulatory Flexibility Analysis Required: Business Government Levels Affected: Federal; Local; State; Tribal Federalism: No Energy Affected: No RIN Information URL: http://www.epa.gov/lead/pubs/renovation.htm Agency Contact: Cindy Wheeler Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7404T Washington , DC 20460 Phone: 202 566-0484 E-Mail: Wheeler.Cindy@epa.gov Agency Contact: Michelle Price Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7404T Washington , DC 20460 Phone: 202 566-0744 E-Mail: Price.Michelle@epa.govEnvironmental Protection Agency (EPA) Office of Prevention, Pesticides and Toxic Substances ( OPPTS ) RIN: 2070-AJ60

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Title: Mercury Export Ban Act (MEBA); Essential Use Exemption Instructions Abstract: The Mercury Export Ban Act of 2008 amended section 12 of the Toxics Substances and Control Act (TSCA) to prohibit the export of elemental mercury from the United States effective January 1, 2013. The new provision in TSCA allows any person residing in the U.S. to petition the Administrator for an exemption to the export ban. If the Administrator makes certain findings listed in the Act, the Administrator may grant exemptions to the ban through notice and comment rulemaking. Through a posting on the Web site, EPA will provide the basic instructions and information related to these exemptions. Exemption requests themselves will be acted on through separate rulemakings that will be covered by a separate entry in the Regulatory Agenda, as appropriate.

Priority: Info./Admin./Other Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: PL 110-414 Legal Deadline:
Action Source Description Date

Other Statutory The mercury export ban goes into effect January 1, 2013. 01/01/2013

Timetable:
Action Date FR Cite Website Posting 12/00/2010

Additional Information: SAN No. 5387.

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest. RIN Information URL: http://www.epa.gov/mercury/ Agency Contact: Julie Simpson Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7404T Washington , DC 20460 Phone: 202 566-1980 E-Mail: Simpson.Julie@epa.gov Agency Contact: Sue Slotnick Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7404T Washington , DC 20460 Phone: 202 566-1973 E-Mail: slotnick.sue@epa.gov

Environmental Protection Agency (EPA) Office of Prevention, Pesticides and Toxic Substances ( OPPTS ) RIN: 2070-AJ74

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Title: Revision to Compliance Date for Pesticide Container/Containment Rule Abstract: On June 15, 2010, EPA granted a 4-month extension of the compliance date in 40 CFR 156.159 by which the pesticide labels must be updated with the container management statements required by the pesticide container and containment regulations originally published in 2006 and amended in 2008. At the same time, EPA proposed and sought public comment on a 1-year extension. The Agency believes that an extension of the compliance date is necessary and appropriate. While there has been significant progress in the number of pesticide labels that have been updated with the container management statements required by the container-containment regulations, EPA has recently become aware that there are still a substantial number of products whose labels must be submitted to EPA, reviewed and approved by EPA, and reviewed and approved by the States. This amendment does not otherwise involve any other changes to the regulations.Priority: Info./Admin./Other Agenda Stage of Rulemaking: Final Rule Major: No Unfunded Mandates: No CFR Citation: 40 CFR 156 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 7 USC 136 to 136y Legal Deadline:
Action Source Description Date

Other Statutory FIFRA section 25(a)(4) requires EPA to promulgate the rule and submit it to Congress at least 60 days before it can be effective. 10/15/2010

Other Statutory The compliance date in 40 CFR 156.159. 12/16/2010

Timetable:
Action Date FR Cite
NPRM 06/15/2010 75 FR 33744 Final Action 12/00/2010

Additional Information: EPA publication information: NPRM - http://www.regulations.gov/search/Regs/home.html#documentDetail?R=0900006480b01c48; EPA Docket information: EPA–HQ– OPP–2005–0327

Regulatory Flexibility Analysis Required: No Government Levels Affected: State Small Entities Affected: No Federalism: No Energy Affected: No RIN Information URL: http://www.epa.gov/pesticides/regulating/storage.htm Sectors Affected: 32532 Agency Contact: Nancy Fitz Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7506P Washington , DC 20460 Phone: 703 305-7385 FAX: 703 308-3259 E-Mail: fitz.nancy@epa.gov Agency Contact: Jeanne Kasai Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7506P Washington , DC 20460 Phone: 703 308-3240 FAX: 703 308-3259 E-Mail: kasai.jeanne@epa.gov

Environmental Protection Agency (EPA) Office of Prevention, Pesticides and Toxic Substances ( OPPTS ) RIN: 2070-AB08

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Title: TSCA Section 8(a) Preliminary Assessment Information Rules Abstract: These rules add chemicals to the list of chemicals and designated mixtures subject to the requirements of the Toxic Substances Control Act section 8(a) Preliminary Assessment Information Rule (40 CFR part 712). These chemicals have been identified by the Office of Pollution Prevention and Toxics, other EPA offices, and other Federal agencies, as well as recommended for testing consideration by the Interagency Testing Committee. Manufacturers and importers are required to submit exposure-related data (EPA Form No. 7710-35) on the chemicals. The data will be used to monitor the levels of production, import and/or processing of the identified substances and the avenues of human and environmental exposure to these substances. This Regulatory Agenda entry identifies the most recent rules and any anticipated rules.

Priority: Routine and Frequent Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 40 CFR 712 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 15 USC 2607(a) TSCA 8(a) Legal Deadline: NoneTimetable:
Action Date FR Cite Final Action - Next ITC List 00/00/0000 Final Rule for 55th, 56th and 58th ITC Lists 08/16/2006 71 FR 47122

Additional Information: SAN No. 2178; EPA publication information: Final Rule for 55th, 56th and 58th ITC Lists - http://www.epa.gov/fedrgstr/EPA-TOX/2006/August/Day-16/t13489.htm.

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: Business Federalism: No Energy Affected: No RIN Information URL: http://www.epa.gov/oppt/chemtest Sectors Affected: 325; 32411 Agency Contact: Karen Chu Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7405M Washington , DC 20460 Phone: 202 564-8773 FAX: 202 564-4765 E-Mail: chu.karen@epa.gov Agency Contact: Mike Mattheisen Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7405M Washington , DC 20460 Phone: 202 564-3077 E-Mail: mattheisen.mike@epa.gov

Environmental Protection Agency (EPA) Office of Prevention, Pesticides and Toxic Substances ( OPPTS ) RIN: 2070-AB11

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Title: TSCA Section 8(d) Health and Safety Data Reporting Rules Abstract: These rules require chemical manufacturers, importers, and processors to submit unpublished health and safety data on chemicals added to the Toxic Substances Control Act (TSCA) section 8(d) Health and Safety Data Reporting Rule (40 CFR part 716). These chemicals have been identified by the Office of Pollution Prevention and Toxics (OPPT), other EPA offices, and other Federal agencies, as well as recommended for testing consideration by the Interagency Testing Committee (ITC). This Regulatory Agenda entry serves as a placeholder for future rules, and, when applicable, identifies the most recent rules and any anticipated rules.

Priority: Routine and Frequent Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 40 CFR 716 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 15 USC 2607(d) TSCA 8(d) Legal Deadline: None

Timetable:
Action Date FR Cite Final Action - Next ITC List 00/00/0000 Final Rule for 60th ITC List 01/29/2008 73 FR 5109

Additional Information: SAN No. 1139; EPA publication information: Final Rule for 60th ITC List - http://www.epa.gov/fedrgstr/EPA-TOX/2008/January/Day-29/t1546.pdf.

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: Business Federalism: No Energy Affected: No RIN Information URL: www.epa.gov/oppt/chemtest Sectors Affected: 325; 32411Agency Contact: Karen Chu Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7405M Washington , DC 20460 Phone: 202 564-8773 FAX: 202 564-4765 E-Mail: chu.karen@epa.gov Agency Contact: Mike Mattheisen Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7405M Washington , DC 20460 Phone: 202 564-3077 E-Mail: mattheisen.mike@epa.gov

Environmental Protection Agency (EPA) Office of Prevention, Pesticides and Toxic Substances ( OPPTS ) RIN: 2070-AB94

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Title: Testing of Existing Chemicals (Overview Entry for Future Needs) Abstract: Section 4 of Toxics Substances and Control Act (TSCA) gives EPA the authority to require chemical manufacturers and processors to test existing chemicals. Under section 4, EPA can by rule require testing after finding that (1) a chemical may present an unreasonable risk of injury to human health or the environment, and/or the chemical is produced and enters the environment in substantial quantities or there is or may be significant or substantial human exposure to the chemical, (2) the available data to evaluate the chemical are inadequate, and (3) testing is needed to develop the needed data. The Chemical Testing Program in EPA's Office of Pollution Prevention and Toxics (OPPT) also works with members of the U.S. chemical industry to develop data via TSCA section 4 Enforceable Consent Agreements (ECAs). ECAs are usually less resource intensive than formal TSCA rule-making. In developing ECAs, EPA may 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 testing. The Agency may also consider test rules or ECAs for chemicals or categories of chemicals which have been identified for testing consideration by other Federal or other EPA offices through EPA review processes. This regulatory agenda entry is considered a "generic entry" because it is only intended to alert the public that within the next 6 months the Agency may consider other chemicals for test rules, or ECAs that have not yet been identified. A separate activity specific entry will be included in the regulatory agenda once the Agency decides to develop a test rule or ECA.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 40 CFR 790 to 799 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 15 USC 2603 TSCA 4; 15 USC 2611 TSCA 12 Legal Deadline: None

Timetable:
Action Date FR Cite
ANPRM 00/00/0000

Additional Information: SAN No. 3493

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal Small Entities Affected: Business Federalism: No Energy Affected: No RIN Information URL: http://www.epa.gov/oppt/chemtest Sectors Affected: 325; 32411 Agency Contact: Karen Chu Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7405M Washington , DC 20460 Phone: 202 564-8773 FAX: 202 564-4765 E-Mail: chu.karen@epa.gov Agency Contact: Mike Mattheisen Environmental Protection AgencyOffice of Prevention, Pesticides and Toxic Substances 7405M Washington , DC 20460 Phone: 202 564-3077 E-Mail: mattheisen.mike@epa.gov

Environmental Protection Agency (EPA) Office of Prevention, Pesticides and Toxic Substances ( OPPTS ) RIN: 2070-AC21

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Title: Lead Fishing Sinkers; Manufacturing, Processing, and Distribution in Commerce Abstract: In 1991, EPA issued an advance notice of proposed rulemaking in response to a citizen's petition filed by the Environmental Defense Fund (EDF), Federation of Fly Fishers, Trumpeter Swan Society, and North American Loon Fund under section 21 of the Toxic Substances Control Act (TSCA) and the Administrative Procedure Act (APA). The petition asked EPA 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. In 1994, EPA 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 sizefishing sinkers containing lead and zinc, and mixed with other substances, including those made of brass. EPA intends to reevaluate the 1994 proposal.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: Undetermined CFR Citation: 40 CFR 745 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 15 USC 2605 TSCA 6 Legal Deadline: None

Timetable:
Action Date FR Cite Supplemental NPRM 00/00/0000
ANPRM 05/13/1991 56 FR 22096
NPRM 03/09/1994 59 FR 11122

Additional Information: SAN No. 3252

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Small Entities Affected: Business Federalism: Undetermined Energy Affected: No RIN Information URL: http://www.epa.gov/oppt/lead/ Agency Contact: Christina Wadlington Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7404T Washington , DC 20460 Phone: 202 566-1859 FAX: 202 566-0471 E-Mail: Wadlington.Christina@epa.gov Agency Contact: Tom Simons Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7404T Washington , DC 20460 Phone: 202 566-0517 FAX: 202 566-0473 E-Mail: simons.tom@epa.gov

Environmental Protection Agency (EPA) Office of Prevention, Pesticides and Toxic Substances ( OPPTS ) RIN: 2070-AC37

View Related DocumentsTitle: Significant New Use Rule (SNUR); Refractory Ceramic Fibers (RCFs) 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 including Refractory Ceramic Fibers (RCFs). RCFs are amorphous synthetic fibers that part of larger group called synthetic vitreous fibers (SVFs). RCFs are made by either "spinning" or "blowing" and are used primarily for high temperature industrial insulation purposes (e.g., furnaces, heaters, kilns) in addition to automotive applications, aerospace uses, and in certain other industrial applications. As chemicals of potential concern are identified, EPA will initiate rulemakings under the Toxic Substances Control Act (TSCA) when appropriate, to require reporting by the manufacturers, importers and/or processors of these chemicals.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 40 CFR 704; 40 CFR 721 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 15 USC 2604 TSCA 5; 15 USC 2605 TSCA 6 Legal Deadline: None

Timetable:
Action Date FR Cite Final Action 00/00/0000 NPRM Original 03/21/1994 59 FR 13294

Additional Information: SAN No. 3528

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: Business Federalism: No Energy Affected: No RIN Information URL: http://www.epa.gov/oppt/existingchemicals/ Sectors Affected: 327999 Agency Contact: Robert Courtnage Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7404T Washington , DC 20460 Phone: 202 566-1081 E-Mail: courtnage.robert@epa.gov 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 E-Mail: gimlin.peter@epa.gov

Environmental Protection Agency (EPA) Office of Prevention, Pesticides and Toxic Substances ( OPPTS ) RIN: 2070-AC51

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Title: Asbestos Model Accreditation Plan Revisions Abstract: The Asbestos School Hazard Abatement Reauthorization Act (ASHARA) amended TSCA to require that EPA revise its asbestos model accreditation plan (MAP) to extend training and accreditation requirements to include persons performing certain asbestos-related work in public or commercial buildings, to increase the minimum number of training hours required for accreditation purposes and to effect other changes necessary to implement the amendments. On February 3, 1994, EPA issued an interim final rule to revise the asbestos MAP to clarify the types of persons who must be accredited to work with asbestos in schools and public or commercial buildings; to increase the minimum number of hours of training for asbestos abatement workers and contractor/supervisors, including additional hours of hands-on health and safety training; and to effect a variety of other necessary changes as mandated by section 15(a)(3) of the ASHARA. This interim final rule satisfied the statutory deadline. EPA will continue to consider finalizing the MAP rule and/ or promulgating regulatory revisions to sunset current EPA MAP accreditations granted to training providers.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term ActionMajor: No Unfunded Mandates: No CFR Citation: 40 CFR 763 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 15 USC 2646 TSCA 206 Legal Deadline: None

Timetable:
Action Date FR Cite Final Action 00/00/0000
Model Plan 05/13/1992 57 FR 20438 Interim Final Action 02/03/1994 59 FR 5236

Additional Information: SAN No. 3148

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; Local; State; Tribal Small Entities Affected: Business; Governmental Jurisdictions Federalism: No
Energy Affected: No RIN Information URL: http://www.epa.gov/asbestos/ Sectors Affected: 92312; 611519 Agency Contact: Robert Courtnage Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7404T Washington , DC 20460 Phone: 202 566-1081 E-Mail: courtnage.robert@epa.gov Agency Contact: Shiela Canavan Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7404T Washington , DC 20460 Phone: 202 566-1980 E-Mail: canavan.shiela@epa.gov

Environmental Protection Agency (EPA) Office of Prevention, Pesticides and Toxic Substances ( OPPTS ) RIN: 2070-AC64

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Title: Lead-Based Paint Activities; Bridges and Structures; Training, Accreditation, and Certification Rule and Model State Plan Rule Abstract: The Residential Lead-Based Paint Hazard Reduction Act of 1992 amended the Toxic Substances Control Act (TSCA) to require EPA to promulgate regulations governing lead-based paint (LBP) activities to ensure that individuals engaged in such activities are properly trained, that LBP training programs are accredited, and that contractors engaged in such activities are certified. In addition, EPA must promulgate a Model State program which may be adopted by any State which seeks to administer and enforce a State Program. EPA promulgated regulations for LBP activities in target housing and child occupied facilities as well as training and certification of training programs for LBP activities in 1996 (see 40 CFR 745). Regulations for LBP activities in public and commercial buildings and bridges and other structures are still under development.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: Undetermined Unfunded Mandates: Undetermined CFR Citation: 40 CFR 745 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 15 USC 2682; 15 USC 2684; 15 USC 2687; PL 102-550 sec 402; PL 102-550 sec 404 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 00/00/0000

Additional Information: SAN No. 4376Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Federal; Local; State; Tribal Small Entities Affected: Business; Governmental Jurisdictions; Organizations Federalism: Undetermined
Energy Affected: No RIN Information URL: http://www.epa.gov/oppt/lead/ Sectors Affected: 23411; 611519 Agency Contact: Cindy Wheeler Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7404T Washington , DC 20460 Phone: 202 566-0484 E-Mail: Wheeler.Cindy@epa.gov Agency Contact: Michelle Price Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7404T Washington , DC 20460 Phone: 202 566-0744 E-Mail: Price.Michelle@epa.gov

Environmental Protection Agency (EPA) Office of Prevention, Pesticides and Toxic Substances ( OPPTS ) RIN: 2070-AD14

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Title: Pesticides; Registration Requirements for Antimicrobial Pesticide Products Abstract: In 2001, EPA finalized certain labeling regulations for pesticide products, clarifications regarding the application of Federal Insecticide Fungicide and Rodenticide Act (FIFRA) to nitrogen stabilizers, and regulations that contain statutory provisions excluding certain types of products from regulation of pesticides. These topics were part of the 1999 proposal concerning antimicrobial products, and are being promulgated separately for convenience. In September 1999, EPA proposed procedures for the registration of antimicrobial products, including labeling standards for antimicrobial public health products to ensure that these products are appropriately labeled for the level of antimicrobial activity they demonstrate. EPA also proposed to modify its notification process for antimicrobial products to conform to the statutorily prescribed process; and to exempt certain antimicrobial products from FIFRA regulation. In November 1999, EPA proposed procedures for the registration of antimicrobial pesticides and performance standards for public health antimicrobial pesticides, as well as other changes affecting all pesticide products, including interpretation of new provisions relating to nitrogen stabilizers, and updating and reorganization of human hazard labeling requirements. After considering public comments and an extensive stakeholder dialogue, EPA will determine next steps for this action.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 40 CFR 152 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 7 USC 136a(h); 7 USC 136(w) Legal Deadline: None

Timetable:
Action Date FR Cite Final Action 2 00/00/0000
NPRM 09/17/1999 64 FR 50671 NPRM Extension of Comment Period 11/16/1999 64 FR 62145 Final Action 1 12/14/2001 66 FR 64759

Additional Information: EPA Docket information: OPP-300890

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal Small Entities Affected: Business Federalism: No Energy Affected: No RIN Information URL: http://www.epa.gov/oppad001/regpolicy.htm Sectors Affected: 32519; 32532; 32551; 32561Agency Contact: Jennifer McLain Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7506P Washington , DC 20460 Phone: 703 308-0293 FAX: 703 305-5884 E-Mail: mclain.jennifer@epa.gov Agency Contact: Kathryn Boyle Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7506P Washington , DC 20460 Phone: 703 305-6304 FAX: 703 305-5884 E-Mail: Boyle.Kathryn@epa.gov

Environmental Protection Agency (EPA) Office of Prevention, Pesticides and Toxic Substances ( OPPTS ) RIN: 2070-AD44

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Title: Test Rule; Multiple Substance Rule for the Testing of Developmental and Reproductive Toxicity Abstract: On March 4, 1991, EPA issued a proposed Toxics Substances and Control Act (TSCA) section 4 Test Rule to require testing of 12 chemicals for developmental and/or reproductive effects. Since issuing that proposed rule, 11 of the subject chemical substances have been sponsored under the International Organisation for Economic Co-operation and Development (OECD) HPV Screening Information Data Set (SIDS) Program, EPA's voluntary HPV Chemical Challenge Program, and/or the International Council of Chemical Associations (ICCA). Information obtained under these various data collection/development programs will be used to inform EPA's decision regarding the need to re-propose and ultimately finalize this Test Rule for some or all of the subject chemicals and for which endpoints they should be tested.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 40 CFR 790-799; 40 CFR 704 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 15 USC 2603 TSCA 4; 15 USC 2625 TSCA 26 Legal Deadline: None

Timetable:
Action Date FR Cite NPRM - Reproposal 00/00/0000 NPRM Original 03/04/1991 56 FR 9092

Additional Information: SAN No. 4395

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal Small Entities Affected: Business Federalism: No Energy Affected: No RIN Information URL: http://www.epa.gov/oppt/chemtest Sectors Affected: 325; 32411 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 E-Mail: Roman.Catherine@epa.gov Agency Contact: Karen Chu Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7405M Washington , DC 20460 Phone: 202 564-8773 FAX: 202 564-4765E-Mail: chu.karen@epa.gov

Environmental Protection Agency (EPA) Office of Prevention, Pesticides and Toxic Substances ( OPPTS ) RIN: 2070-AD49

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Title: Plant Incorporated Protectants (PIPs); Exemption for those Based on Viral Coat Protein Genes Abstract: EPA is considering the addition of plant-incorporated protectants based on viral coat protein genes to its plantincorporated 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). The proposed criteria were intended to clearly identify and exempt only those residues for which a long history of safe exposure and consumption can support exemption. EPA believes there is a reasonable certainty that no harm will result from aggregate exposure to such residues, including all anticipated dietary exposures and all other exposures for which there is reliable information. Therefore, EPA is concurrently considering the exemption of plant-incorporated protectants based on viral coat protein genes 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 2001. After considering public comment and additional review by the Science Advisory Panel, EPA issued a reproposal in 2007.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 40 CFR 174 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 21 USC 346(a) et seq; 7 USC 136 et seq Legal Deadline: None

Timetable:
Action Date FR Cite Final Action 00/00/0000 NPRM Original 11/23/1994 59 FR 60496 Supplemental NPRM 1 07/22/1996 61 FR 37891 Supplemental NPRM 2 05/16/1997 62 FR 27132 Supplemental NPRM 3 04/23/1999 64 FR 19958 Supplemental NPRM 4 07/19/2001 66 FR 37855 Reproposal 04/18/2007 72 FR 19589

Additional Information: EPA publication information: Reproposal - http://www.epa.gov/fedrgstr/EPA-PEST/2007/April/Day18/p7297.htm; EPA Docket information: EPA-HQ-OPP-2006-0642

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No RIN Information URL: http://www.epa.gov/pesticides/biopesticides/pips/index.htm Sectors Affected: 111; 32532; 54171 Agency Contact: Kenneth Haymes Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7202M Washington , DC 20460 Phone: 202 564-0306 FAX: 202 564-8502 E-Mail: Haymes.Kenneth@epa.gov Agency Contact: Tom McClintock Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7202M Washington , DC 20460 Phone: 202 564-8488 E-Mail: mcclintock.tom@epa.govEnvironmental Protection Agency (EPA) Office of Prevention, Pesticides and Toxic Substances ( OPPTS ) RIN: 2070-AD64

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Title: Lead-Based Paint; Amendments to the Requirements for Disclosure of Known Lead-Based Paint or Lead-Based Paint Hazards in Target Housing Abstract: EPA intends to amend existing requirements to 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 amend existing regulatory text to resolve some inconsistent interpretations and to incorporate interpretations that have been issued through guidance. Small businesses and State/local/Tribal governments that sell or lease target housing will be affected in that they will need to become familiar with new/revised requirements that apply to these transactions.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: Undetermined Unfunded Mandates: No CFR Citation: 40 CFR 745.100 to 119 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 4852d Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 06/00/2012

Additional Information: SAN No. 4777

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Federal; Local; State; Tribal Small Entities Affected: Business; Organizations Federalism: No Energy Affected: No RIN Information URL: http://www.epa.gov/oppt/lead/ Sectors Affected: 92511; 53111; 53121; 522292; 531311 Agency Contact: John Wilkins Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7404T Washington , DC 20460 Phone: 202 566-0477 FAX: 202 566-0471 E-Mail: wilkins.john@epa.gov Agency Contact: Cindy Wheeler Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7404T Washington , DC 20460 Phone: 202 566-0484 E-Mail: Wheeler.Cindy@epa.gov

Environmental Protection Agency (EPA) Office of Prevention, Pesticides and Toxic Substances ( OPPTS ) RIN: 2070-AJ07

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Title: Testing Agreement for Aryl Phosphates (ITC List 2) Abstract: EPA published a proposed test rule under section 4 of the Toxics Substances and Control Act (TSCA) in 1992 covering a number of aryl phosphate base stocks. On March 30, 1993, EPA announced initiation of negotiations with the Aryl Phosphates Panel of the Chemical Manufacturers Association (now the American Chemistry Council or ACC) to develop a TSCA Section 4 Enforceable Consent Agreement (ECA) for aryl phosphate base stocks as an alternative approach to testing under the proposed rule (58 FR 16669). On October 9, 1998, EPA sent letters to the Chief Executive Officers of companies, including those who were participating in the development of this ECA, to announce EPA's High Production Volume (HPV) Challenge Program. Consistent with the International Organisation for Economic Co-Operation and Development (OECD) Screening Information Data Set (SIDS) Program, EPA's HPV Challenge Program encourages US chemical producers andimporters to voluntarily provide existing screening level data, or, if none exist, to develop such data on US HPV chemicals. Because some overlap of testing in the HPV Challenge and this ECA initiative were identified, the industry committed to develop the screening level data for the HPV Challenge Program before continuing with further development of the ECA. In this way, results from the HPV Challenge program would feed back into consideration of needs for the ECA testing and, where possible, could avert some or all of the potential overlap testing. EPA is evaluating the need for any additional testing of the subject aryl phosphate base stocks under an ECA or rulemaking.

Priority: Info./Admin./Other Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 40 CFR 790 to 799 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 15 USC 2603 TSCA 4 Legal Deadline: None

Timetable:
Action Date FR Cite Notice: Enforcable Consent Agreement 00/00/0000
ANPRM 12/29/1983 48 FR 57452
NPRM 01/17/1992 57 FR 2138

Additional Information: SAN No. 3493.2.

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal Small Entities Affected: Business Federalism: No Energy Affected: No RIN Information URL: http://www.epa.gov/oppt/chemtest Sectors Affected: 325; 32411 Agency Contact: Karen Chu Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7405M Washington , DC 20460 Phone: 202 564-8773 FAX: 202 564-4765 E-Mail: chu.karen@epa.gov Agency Contact: Mike Mattheisen Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7405M Washington , DC 20460 Phone: 202 564-3077 E-Mail: mattheisen.mike@epa.gov

Environmental Protection Agency (EPA) Office of Prevention, Pesticides and Toxic Substances ( OPPTS ) RIN: 2070-AJ20

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Title: Pesticides; Certification of Pesticide Applicators Abstract: EPA is proposing change the federal regulations under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) that guide the certified pesticide applicator program (40 CFR 171). Change is sought to strengthen the regulations to better protect pesticide applicators and the public and the environment from harm due to pesticide exposure. The possible need for change arose from EPA discussions with key stakeholders. EPA has been in extensive discussions with stakeholders since 1997 when the Certification and Training Assessment Group (CTAG) was established. CTAG is a forum used by regulatory and academic stakeholders to discuss the current state of, and the need for improvements in, the national certified pesticide applicator program. Throughout these extensive interactions with stakeholders, EPA has learned of the potential need for changes to the regulation.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 40 CFR 171; 40 CFR 156 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 7 USC 136; 7 USC 136i; 7 USC 136w Legal Deadline: NoneTimetable:
Action Date FR Cite
NPRM 01/00/2012

Additional Information: EPA Docket information: EPA-HQ-OPP-2005-0561

Regulatory Flexibility Analysis Required: Business Government Levels Affected: Federal; State; Local; Tribal Small Entities Affected: No Federalism: No Energy Affected: No RIN Information URL: http://www.epa.gov/pesticides/health/worker.htm Sectors Affected: 111; 1132; 115; 112; 5617; 32532; 9241 Agency Contact: Kathy Davis Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7506P Washington , DC 20460 Phone: 703 308-7002 FAX: 703 308-2962 E-Mail: davis.kathy@epa.gov Agency Contact: Richard Pont Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7506P Washington , DC 20460 Phone: 703 305-6448 FAX: 703 308-2962 E-Mail: pont.richard@epa.gov

Environmental Protection Agency (EPA) Office of Prevention, Pesticides and Toxic Substances ( OPPTS ) RIN: 2070-AJ22

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Title: Pesticides; Agricultural Worker Protection Standard Revisions Abstract: EPA is developing a proposal under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) to revise the federal regulations guiding agricultural worker protection (40 CFR 170). The changes under consideration are intended to improve agricultural workers' ability to protect themselves from potential exposure to pesticides and pesticide residues. In addition, EPA is proposing to make adjustments to improve and clarify current requirements and facilitate enforcement. Other changes sought are to establish a right-to-know Hazard Communication program and make improvements to pesticide safety training, with improved worker safety the intended outcome. The potential need for change arose from EPA discussions with key stakeholders beginning in 1996 and continuing through 2004. EPA held nine public meetings throughout the country during which the public submitted written and verbal comments on issues of their concern. In 2000 through 2004, EPA held meetings where invited stakeholders identified their issues and concerns with the regulations.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 40 CFR 170 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 7 USC 136; 7 USC 136w Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 01/00/2012

Additional Information: EPA Docket information: EPA-HQ-OPP-2005-0561

Regulatory Flexibility Analysis Required: Business Government Levels Affected: Federal; State; Tribal Small Entities Affected: No Federalism: No Energy Affected: NoRIN Information URL: http://www.epa.gov/pesticides/health/worker.htm Sectors Affected: 111; 115; 32532 Agency Contact: Kathy Davis Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7506P Washington , DC 20460 Phone: 703 308-7002 FAX: 703 308-2962 E-Mail: davis.kathy@epa.gov Agency Contact: Richard Pont Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7506P Washington , DC 20460 Phone: 703 305-6448 FAX: 703 308-2962 E-Mail: pont.richard@epa.gov

Environmental Protection Agency (EPA) Office of Prevention, Pesticides and Toxic Substances ( OPPTS ) RIN: 2070-AJ23

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Title: Pesticides; Tolerance Processing Fees Abstract: Section 408(m) of the Federal Food, Drug, and Cosmetic Act (FFDCA) was amended 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. EPA developed a final rule that would have adjusted the fee structure and fee amounts for tolerance actions. A final rule completed OMB review on December 31, 2003, but has not been issued because the Consolidated Appropriations Act of 2004, signed on January 23, 2004, prohibited EPA from collecting any tolerances fees until September 30, 2008. This prohibition was expanded in 2005 to include a prohibition on using federal funding to perform any work on a final tolerance fee rulemaking. As such, no rulemaking activities are currently planned. Most recently, the prohibition was extended yet again in 2007 when Congress adopted the Pesticide Registration Improvement Renewal Act. In that bill, Congress extended the ban on assessing tolerance fees through September 30, 2012.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 40 CFR 180; 40 CFR 178 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 21 USC 346(a) Legal Deadline: None

Timetable:
Action Date FR Cite Final Action 00/00/0000
NPRM 06/09/1999 64 FR 31039 Supplemental NPRM 07/24/2000 65 FR 45569 Supplemental NPRM 2 08/31/2000 65 FR 52979

Additional Information: EPA publication information: NPRM - http://www.epa.gov/fedrgstr/EPA-PEST/1999/June/Day09/p14477.htm; http://www.epa.gov/pesticides/fees/; EPA Docket information: Legacy Docket # OPP-30115

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal Small Entities Affected: No Federalism: No Energy Affected: No RIN Information URL: http://www.epa.gov/pesticides/regulating/fees/index.htm Sectors Affected: 32532 Agency Contact: Lindsay Moose Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7501PWashington , DC 20460 Phone: 703 305-7108 FAX: 703 305-6244 E-Mail: moose.lindsay@epa.gov

Environmental Protection Agency (EPA) Office of Prevention, Pesticides and Toxic Substances ( OPPTS ) RIN: 2070-AJ31

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Title: Significant New Use Rule for Chloranil Abstract: Chloranil is used as a basic feedstock for certain dyes and pigments and in the production of rubber tires. Chloranil was one of the chemicals identified for testing in the Dioxin/Furan (D/F) test rule. Early testing results revealed that dioxin levels in Chloranil could vary by more than two orders of magnitude depending on the chemical manufacturing process involved. It appeared that the “low dioxin” manufacturing process could produce Chloranil with dioxin contamination levels below 20 ppb TEQ. Based on this information, EPA entered into a formal agreement with Chloranil importers (there was no domestic production of “high dioxin” Chloranil) to only import Chloranil made through the “low dioxin” process. As a follow up to this agreement, a Chloranil Significant New Use Rule (SNUR) was proposed in 1993. Under the provisions of the draft SNUR any Chloranil imported or domestically produced with dioxin contamination levels greater than 20 ppb TEQ would be considered a new use and require reporting under section 5(a)(1)(A) of the Toxic Substances Control Act. In the SNUR proposal EPA stated that it would not promulgate a final rule until it had all of the D/F test rule data. EPA accepted the final test rule data in June of 2001. The test rule requirements continue to apply to any new manufacturer or importer of Chloranil. No new importer or manufacturer has identified themselves, although EPA has received inquiries from time to time about the applicability of the test rule to new imports. EPA therefore believes that all importation of Chloranil is still covered under the formal agreements and that there is no current import or domestic manufacture of high dioxin Chloranil. Because a significant time has passed since proposal, the Agency reopened the comment period in 2007. EPA is currently formulating the final rule.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 40 CFR 721 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 15 USC 2607 TSCA 8 Legal Deadline: None

Timetable:
Action Date FR Cite Final Action 00/00/0000 NPRM Original 05/12/1993 58 FR 27986 Reopening of Comment Period 01/30/2007 72 FR 4224

Additional Information: Split from RIN 2070-AA58; EPA Docket information: EPA–HQ–OPPT–2006–0795

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: Business Federalism: No Energy Affected: No Sectors Affected: 325; 32513; 32411; 32621 Agency Contact: Brian Symmes Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7404T Washington , DC 20460 Phone: 202 566-1983 FAX: 202 566-0470 E-Mail: symmes.brian@epa.gov

Environmental Protection Agency (EPA) Office of Prevention, Pesticides and Toxic Substances ( OPPTS ) RIN: 2070-AJ34

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Title: Test Rule; Nonylphenol (NP) and its Ethoxylates (NPE)Abstract: This rulemaking proceeding was initiated in response to a citizen's petition filed in June 2007 under section 21 of the Toxic Substances Control Act (TSCA) requesting that EPA require manufacturers and importers of nonylphenol (NP) and nonylphenol ethoxylates (NPEs) to conduct certain health and safety studies under TSCA section 4. Based on its review of the information submitted in support of the petition, additional information obtained by EPA, and public comments. EPA granted the request to initiate a proceeding to require chronic aquatic toxicity testing. In order to develop a properly tailored test requirement that would provide EPA with sufficient data to make a reasoned evaluation of the environmental effects of NPEs, EPA commenced the proceeding by issuing an advance notice of proposed rulemaking (ANPRM) on June 15, 2009 that solicits public comment on several testing issues prior to the issuance of any proposed rule. The public comment period for the ANPRM ended on September 15, 2009 and EPA is now evaluating the need to propose a TSCA section 4 Test Rule.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 40 CFR 790 to 799 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 15 USC 2603 TSCA 4 Legal Deadline: None

Timetable:
Action Date FR Cite
ANPRM 06/17/2009 74 FR 28654
NPRM 12/00/2011

Additional Information: EPA Docket information: EPA–HQ–OPPT–2007–0490

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No RIN Information URL: http://www.epa.gov/opptintr/chemtest Sectors Affected: 325; 32411 Agency Contact: John Schaeffer Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7405M Washington , DC 20460 Phone: 202 564-8173 FAX: 202 564-4765 E-Mail: Schaeffer.John@epa.gov Agency Contact: Karen Chu Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7405M Washington , DC 20460 Phone: 202 564-8773 FAX: 202 564-4765 E-Mail: chu.karen@epa.gov

Environmental Protection Agency (EPA) Office of Prevention, Pesticides and Toxic Substances ( OPPTS ) RIN: 2070-AJ38

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Title: Polychlorinated Biphenyls (PCBs); Reassessment of Use Authorizations Abstract: EPA's regulations governing the use of Polychlorinated Biphenyls (PCBs) in electrical equipment and other applications were first issued in the late 1970s and have not been updated since 1998. EPA is initiating rulemaking to reexamine these ongoing PCB uses with an eye to ending or phasing out uses that can no longer be justified under section 6(e) of the Toxics Substances and Control Act (TSCA), which requires that EPA determine certain authorized uses will not present an unreasonable risk of injury to health and the environment.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: Undetermined Unfunded Mandates: Undetermined CFR Citation: 40 CFR 761 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 15 USC 2605 TSCA 6(e) Legal Deadline: NoneTimetable:
Action Date FR Cite
ANPRM 04/07/2010 75 FR 17645 ANPRM Extension of Comment Period End 06/16/2010 75 FR 34076
NPRM 05/00/2012

Additional Information: EPA Docket information: EPA-HQ-OPPT-2009-0757

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Small Entities Affected: Business Federalism: Undetermined Energy Affected: No RIN Information URL: http://www.epa.gov/epawaste/hazard/tsd/pcbs/index.htm Sectors Affected: 31-33; 22 Agency Contact: John Smith Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7404T Washington , DC 20460 Phone: 202 566-0512 FAX: 202 566-0473 E-Mail: Smith.JohnH@epa.gov Agency Contact: Robert Courtnage Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7404T Washington , DC 20460 Phone: 202 566-1081 E-Mail: courtnage.robert@epa.gov

Environmental Protection Agency (EPA) Office of Prevention, Pesticides and Toxic Substances ( OPPTS ) RIN: 2070-AJ39

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Title: Polychlorinated Biphenyls (PCBs); Placeholder for Petitions Seeking a Manufacturing (Import) Exemption for Use 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 poly chlorinated biphenyls (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. This Regulatory Agenda entry is intended to capture petitions that request an exemption to use PCBs. These petitions are managed by the Office of Pollution Prevention and Toxics. Petitions that request an exemption to dispose of PCBs are managed by the Office of Solid Waste, and are captured by a separate Regulatory Agenda entry. Currently, no petitions are pending.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 40 CFR 761 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 15 USC 2605 TSCA 6(e)(3)(B) Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 00/00/0000

Additional Information: SAN No. 2150

Regulatory Flexibility Analysis Required: No Government Levels Affected: Undetermined Small Entities Affected: No Federalism: No Energy Affected: NoRIN Information URL: www.epa.gov/pcb Sectors Affected: 56292; 5622 Related RINs: Previously Reported as 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 E-Mail: gimlin.peter@epa.gov Agency Contact: Lynn Vendinello Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7404T Washington , DC 20460 Phone: 202 566-0514 FAX: 202 566-0473 E-Mail: vendinello.lynn@epa.gov

Environmental Protection Agency (EPA) Office of Prevention, Pesticides and Toxic Substances ( OPPTS ) RIN: 2070-AJ44

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Title: Formaldehyde Emissions From Pressed Wood Products Abstract: In 2008, EPA initiated a proceeding under Toxics Substance and Control Act (TSCA) to investigate risks posed by formaldehyde emitted from pressed wood products. An advance notice of proposed rulemaking (ANPRM) sought to engage stakeholders to contribute to obtaining a better understanding of the available control technologies and approaches, industry practices, and the implementation of California's formaldehyde emission limits. Subsequently, EPA developed an industry survey to obtain more information on these ANPRM topics and continued to assess the hazards of and exposures to formaldehyde emissions from pressed wood products. On July 7, 2010, the Formaldehyde Standards for Composite Wood Products Act was enacted. This law amends TSCA to establish specific formaldehyde emission limits for hardwood plywood, particleboard, and medium-density fiberboard, which limits are identical to the California emission limits for these products. The law further requires EPA to promulgate implementing regulations by January 1, 2013.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: Undetermined Unfunded Mandates: Undetermined CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 15 USC 2697; TSCA sec 601 Legal Deadline:
Action Source Description Date

Other Statutory 01/01/2013

Timetable:
Action Date FR Cite
ANPRM 12/03/2008 73 FR 73620 ANPRM: Extension of Comment Period 01/30/2009 74 FR 5632 ANPRM Comment Period End 02/02/2009 ANPRM Comment Period Extended To 03/19/2010
NPRM 12/00/2011

Additional Information: EPA Docket information: EPA-HQ-OPPT-2008-0627

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined Small Entities Affected: No Federalism: Undetermined Energy Affected: No International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest. RIN Information URL: http://www.epa.gov/opptintr/chemtest/formaldehyde/index.html Agency Contact: Cindy Wheeler Environmental Protection AgencyOffice of Prevention, Pesticides and Toxic Substances 7404T Washington , DC 20460 Phone: 202 566-0484 E-Mail: Wheeler.Cindy@epa.gov Agency Contact: Lynn Vendinello Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7404T Washington , DC 20460 Phone: 202 566-0514 FAX: 202 566-0473 E-Mail: vendinello.lynn@epa.gov

Environmental Protection Agency (EPA) Office of Prevention, Pesticides and Toxic Substances ( OPPTS ) RIN: 2070-AJ49

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Title: Pesticides; Data Requirements for Product Performance Abstract: EPA will propose to amend efficacy data requirements that specifically address the registration data needs of invertebrate pesticide product registrations as mandated by Federal Insecticide, Fungicide and Rodenticide Act (FIFRA). This rulemaking will provide clarity, consistency, and transparency. This proposal will seek to amend the current efficacy data requirements codified in 40 CFR part 158, which describes the minimum data and information EPA typically requires to support an application for pesticide registration or amendment; and the maintenance of a pesticide registration, e.g., as in the registration review program.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: 40 CFR 158, 156 and 152 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 7 USC 136 to 136y Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 02/00/2012

Additional Information: SAN No. 5331

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; State Small Entities Affected: No Federalism: No Energy Affected: No RIN Information URL: www.epa.gov/pesticides Sectors Affected: 32532 Agency Contact: Candace Brassard Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7506P Washington , DC 20460 Phone: 703 305-6598 FAX: 703 305-5884 E-Mail: brassard.candace@epa.gov Agency Contact: Amaris Johnson Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7506P Washington , DC 20460 Phone: 703 305-9542 FAX: 703 308-7070 E-Mail: johnson.amaris@epa.govEnvironmental Protection Agency (EPA) Office of Prevention, Pesticides and Toxic Substances ( OPPTS ) RIN: 2070-AJ56

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Title: Lead; Renovation, Repair, and Painting Program for Public and Commercial Buildings Abstract: Section 402(c)(3) of the Toxic Substances Control Act (TSCA) requires EPA to regulate renovation or remodeling activities in target housing (most pre-1978 housing), pre-1978 public buildings, and commercial buildings that create lead-based paint hazards. On April 22, 2008, EPA issued a final rule to address lead-based paint hazards created by these activities in target housing and child-occupied facilities built before 1978 (child-occupied facilities are a subset of public and commercial buildings or facilities where children under age 6 spend a great deal of time). The 2008 rule established requirements for training renovators, other renovation workers, and dust sampling technicians; for certifying renovators, dust sampling technicians, and renovation firms; for accrediting providers of renovation and dust sampling technician training; for renovation work practices; and for recordkeeping. This new rulemaking will address renovation or remodeling activities in the remainingbuildings described in TSCA section 402(c)(3): public buildings built before 1978 and commercial buildings that are not childoccupied facilities. On May 6, 2010, EPA announced the commencement of proceedings to propose lead-safe work practicesand other requirements for renovations on the exteriors of public and commercial buildings and to determine whether leadbased paint hazards are created by interior renovation, repair, and painting projects in public and commercial buildings. For those renovations in the interiors of public and commercial buildings that create lead-based paint hazards, EPA will propose regulations to address these hazards.

Priority: Economically Significant Agenda Stage of Rulemaking: Long-term Action Major: Undetermined Unfunded Mandates: Undetermined CFR Citation: 40 CFR 745 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 15 USC 2682(c)(3) Legal Deadline:
Action Source Description Date

Other Judicial ANPRM Signature. 04/22/2010
NPRM Judicial Signature 12/15/2011 Other Judicial Signature 07/15/2013

Timetable:
Action Date FR Cite
ANPRM 05/06/2010 75 FR 24848
NPRM 12/00/2011
Final Action 07/00/2013

Additional Information: EPA publication information: ANPRM -http://www.regulations.gov/search/Regs/home.html#documentDetail?R=0900006480ae7eb8; EPA Docket information: EPA-HQOPPT-2010-0173

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Small Entities Affected: No Federalism: Undetermined Energy Affected: No RIN Information URL: http://www.epa.gov/lead/pubs/renovation.htm Agency Contact: Hans Scheifele Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7404T Washington , DC 20460 Phone: 202 564-3122 E-Mail: Scheifele.Hans@epa.gov Agency Contact: Cindy Wheeler Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7404T Washington , DC 20460 Phone: 202 566-0484 E-Mail: Wheeler.Cindy@epa.gov

Environmental Protection Agency (EPA)Office of Prevention, Pesticides and Toxic Substances ( OPPTS ) RIN: 2070-AJ62

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Title: Pesticides; Public Availability of Identities of Inert Ingredients in Pesticides Abstract: In response to two petitions under the Administrative Procedures Act seeking disclosure of selected inert ingredients on pesticide labels (based on the hazard of that ingredient), EPA is contemplating rulemaking to increase public availability of both potentially hazardous inert ingredients and of inert ingredient identities in general. This action would assist consumers and users of pesticides in making informed decisions and reduce the presence of potentially hazardous ingredients in pesticides. EPA is considering various approaches, including disclosure based on hazard and broader disclosure of inert ingredient identities.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: No CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 7 USC 136 et seq Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 00/00/0000
ANPRM 12/23/2009 74 FR 68215 ANPRM Extension of Comment Period 02/22/2010 75 FR 7560

Additional Information: EPA Docket information: EPA-HQ-OPP-2009-0635

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No RIN Information URL: http://www.epa.gov/pesticides/ Agency Contact: Cameo Smoot Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7506P Washington , DC 20460 Phone: 703 305-5454 FAX: 703 305-5884 E-Mail: smoot.cameo@epa.gov Agency Contact: Rose Kyprianou Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7506P Washington , DC 20460 Phone: 703 305-5354 E-Mail: Kyprianou.Rose@epa.gov

Environmental Protection Agency (EPA) Office of Prevention, Pesticides and Toxic Substances ( OPPTS ) RIN: 2070-AJ64

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Title: Lead Wheel Weights; Regulatory Investigation Abstract: In 2009, EPA initiated a proceeding under the Toxics Substances Control Act (TSCA) to investigate potential lead hazards associated with the manufacture, processing, and distribution in commerce of lead wheel balancing weights ("wheel weights"). Lead is highly toxic, especially to young children. According to a U.S. Geological Survey study in 2003, 65,000 tons of lead wheel weights were in use in the United States and approximately 2,000 tons of these weights were lost from vehicles into the environment. Voluntary actions on the part of U.S. auto manufactures and an European Union ban on their use has reduced the number of lead wheel weights, but they continue to be predominant product in the tire replacement market.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: Undetermined Unfunded Mandates: Undetermined CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations )Legal Authority: Not Yet Determined Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 03/00/2012

Additional Information: SAN No. 5398

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Local; State; Tribal

Small Entities Affected: No Federalism: Undetermined Energy Affected: No RIN Information URL: http://www.epa.gov/lead/ Agency Contact: Mark Henshall Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7404T Washington , DC 20460 Phone: 202 566-0523 FAX: 202 566-0471 E-Mail: henshall.mark@epa.gov Agency Contact: Michelle Price Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7404T Washington , DC 20460 Phone: 202 566-0744 E-Mail: Price.Michelle@epa.gov

Environmental Protection Agency (EPA) Office of Prevention, Pesticides and Toxic Substances ( OPPTS ) RIN: 2070-AJ69

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Title: Short-Chained Chlorinated Paraffins (SCCPs); Regulation(s) Under TSCA Abstract: EPA is initiating action under the Toxic Substances Control Act (TSCA) to ban or restrict the manufacture, import, processing or distribution in commerce, export, and use of Short Chained Chlorinated Paraffins (SCCPs). EPA is concerned with SCCPs because they are persistent, bioaccumulative, and toxic to aquatic organisms at low concentrations. They can remain in the environment for a significant amount of time and can bioaccumulate in animal tissues, increasing the probability and duration of exposure. Even relatively small releases of these chemicals from individual facilities that manufacture import, process or use these chemicals or releases from waste management facilities have the potential to accumulate over time to higher levels and cause significant adverse impacts on the environment.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: Undetermined CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 15 USC 2601 et seq. Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 03/00/2012

Additional Information: SAN No. 5429

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined

Small Entities Affected: No Federalism: Undetermined Energy Affected: No RIN Information URL: http://www.epa.gov/oppts/Sectors Affected: 325 Agency Contact: Marc Edmonds Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7404T Washington , DC 20460 Phone: 202 566-0758 E-Mail: Edmonds.Marc@epa.gov Agency Contact: Michelle Price Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7404T Washington , DC 20460 Phone: 202 566-0744 E-Mail: Price.Michelle@epa.gov

Environmental Protection Agency (EPA) Office of Prevention, Pesticides and Toxic Substances ( OPPTS ) RIN: 2070-AJ72

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Title: Long-Chain Perfluorinated Chemicals (LCPFCs); Regulation(s) Under TSCA Abstract: Section 6 of the Toxic Substances Control Act (TSCA) provides authority for EPA to ban or restrict the manufacture (including import), processing, and use of these chemicals. EPA is considering initiating TSCA section 6 rulemaking for managing long-chain perfluorinated chemicals (LCPFCs). LCPFCs includes two sub-categories: perfluoroalkyl sulfonates (PFAS) and perfluoroalkyl carboxylates (PFAC). The PFAS sub-category includes perfluorohexane sulfonic acid (PFHxS), perfluorooctane sulfonic acid (PFOS), other higher homologues, and their salts and precursors. The PFAC sub-category includes perfluorooctanoic acid (PFOA, sometimes called C8), other higher homologues, and their salts and precursors. Some of those potential PFAC precursors include chemicals known commercially as fluorotelomers. PFOA is a synthetic (man-made) chemical that does not occur naturally in the environment. Companies use PFOA to make fluoropolymers, substances with special properties that have thousands of important manufacturing and industrial applications. Fluoropolymers impart valuable properties, including fire resistance and oil, stain, grease, and water repellency. They are used to provide non-stick surfaces on cookware and waterproof, breathable membranes for clothing, and are used in many industry segments, including the aerospace, automotive, building/construction, chemical processing, electronics, semiconductors, and textile industries. PFOA can also be produced by the breakdown of some fluorinated telomers, substances that are used in surface treatment products to impart soil, stain, grease, and water resistance. Some telomers are also used as high performance surfactants in products that must flow evenly, such as paints, coatings, and cleaning products, fire-fighting foams for use on liquid fuel fires, or the engineering coatings used in semiconductor manufacture. LCPFCs are found world-wide in the environment, wildlife, and humans. They are bioaccumulative in wildlife and humans, and are persistent in the environment. To date, significant adverse effects have not been found in the general human population; however, significant adverse effects have been identified in laboratory animals and wildlife. Given the long half-life of these chemicals in humans (years), it can reasonably be anticipated that continued exposure could increase body burdens to levels that would result in adverse outcomes.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: Undetermined CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 15 USC 2601 et seq Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 12/00/2012

Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined Small Entities Affected: No Federalism: No Energy Affected: No RIN Information URL: http://www.epa.gov/oppt/existingchemicals/pubs/actionplans/pfcs.html Sectors Affected: 325 Agency Contact: Toni Krasnic Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7405MWashington , DC 20460 Phone: 202 564-0984 E-Mail: Krasnic.Toni@epa.gov Agency Contact: Katherine Sleasman Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7405M Washington , DC 20460 Phone: 202 564-7716 FAX: 202 564-4773 E-Mail: sleasman.katherine@epa.gov

Environmental Protection Agency (EPA) Office of Prevention, Pesticides and Toxic Substances ( OPPTS ) RIN: 2070-AJ82

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Title: Lead; Residential Lead Dust Hazard Standards Abstract: On August 10, 2009, EPA was petitioned under the Administrative Procedures Act (APA) to lower the residential lead dust hazard standards. Pursuant to section 403 of the Toxic Substances Control Act (TSCA), EPA promulgate regulationson January 5, 2001 (66 FR 1206) to establish standards for lead-based paint hazards in most pre-1978 housing and childoccupied facilities. Under these standards, lead is considered a hazard when equal to or exceeding 40 micrograms of lead in dust per square foot on floors, 250 micrograms of lead in dust per square foot on interior window sills, and 400 parts per million (ppm) of lead in bare soil in children's play areas or 1200 ppm average for bare soil in the rest of the yard. These standards provide a regulatory threshold and it is important to note that given the potential dangers related to lead poisoning, any exposure to deteriorated lead-based paint presents a hazard. In addition to this citizen's petition, the Clean Air Science Advisory Committee (CASAC) has advised EPA that based on recent epidemiological studies the current hazard standards are insufficiently protective. Therefore, based on the APA petition and CASAC recommendation, EPA will be analyzing current science to determine if new standards are required under TSCA section 403.

Priority: Other Significant Agenda Stage of Rulemaking: Long-term Action Major: No Unfunded Mandates: Undetermined CFR Citation: 40 CFR 745 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 15 USC 2681 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 02/00/2012

Additional Information: EPA Docket information: EPA–HQ–OPPT–2009–0665

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal; State; Tribal Small Entities Affected: No Federalism: No Energy Affected: No RIN Information URL: http://www.epa.gov/lead/pubs/leadhaz.htm Agency Contact: Christina Wadlington Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7404T Washington , DC 20460 Phone: 202 566-1859 FAX: 202 566-0469 E-Mail: Wadlington.Christina@epa.gov Agency Contact: Erik Winchester Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7404T Washington , DC 20460 Phone: 202 564-6450 E-Mail: Winchester.Erik@epa.govEnvironmental Protection Agency (EPA) Office of Prevention, Pesticides and Toxic Substances ( OPPTS ) RIN: 2070-AB79

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Title: Test Rule; Certain Chemicals on the ATSDR Priority List of Hazardous Substances Abstract: On October 20, 2006, (71 FR 61926), EPA proposed a Test Rule for Certain Chemicals on the Agency for Toxic Substances and Disease Registry (ATSDR)/EPA Comprehensive Environmental Response Compensation and Liability Act (CERCLA) Priority List of Hazardous Substances for the consideration of testing for four chemicals (hydrogen and sodium cyanide, chloroethane, and methylene chloride). The chemicals are listed on the ATSDR/EPA priority list of hazardous substances which is compiled under the CERCLA. The chemicals are also listed as hazardous air pollutants (HAPs) under section 112 of the Clean Air Act (CAA). In the proposal for this test rule, EPA explained that the principal reason EPA proposed to use its Toxic Substances Control Act (TSCA) section 4 authority to obtain data was to support ATSDR’s Substance-Specific Applied Research Program, a program for collecting data and other information needed for developing health assessments pursuant to CERCLA, 42 U.S.C. section 9601 et seq. ATSDR had referred the chemicals subject to the proposed rule to EPA under the authority of section 104(i) of CERCLA, 42 U.S.C. section 96040). Since then, ATSDR informed EPA that it no longer needed EPA to finalize this rule. Therefore, EPA plans to withdraw the proposal. This withdrawal, however does not preclude the Agency from initiating the same or similar rulemaking at a future date. EPA is currently developing efforts to strengthen the Agency’s chemical management program under TSCA by ramping up efforts to assess, prioritize and take action on existing chemicals. EPA may address potential concerns with these chemicals as part of this enhanced effort.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action Major: No Unfunded Mandates: No CFR Citation: 40 CFR 790-799 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 15 USC 2603 TSCA 4 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 10/20/2006 71 FR 61926 NPRM Extension of Comment Period 12/18/2006 71 FR 75704 Notice; Withdrawal 09/14/2010 75 FR 55728

Additional Information: EPA publication information: NPRM - http://www.epa.gov/fedrgstr/EPA-AIR/2006/October/Day20/a17569.htm; EPA Docket information: EPA-HQ-OPPT-2002-0073

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal Small Entities Affected: Business Federalism: No Energy Affected: No RIN Information URL: www.epa.gov/oppt/chemtest Sectors Affected: 325; 32411 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 E-Mail: Jones.Robert@epa.gov Agency Contact: Karen Chu Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7405M Washington , DC 20460 Phone: 202 564-8773 FAX: 202 564-4765 E-Mail: chu.karen@epa.gov

Environmental Protection Agency (EPA) Office of Prevention, Pesticides and Toxic Substances ( OPPTS ) RIN: 2070-AC76

View Related DocumentsTitle: Testing of Certain Hazardous Air Pollutants (HAPs) Abstract: The 1996 proposed Test Rule for Hazardous Air Pollutants proposed to require manufacturers and processors of 21 hazardous air pollutants (HAPs) to test their chemicals for certain health effects. EPA also solicited proposals for Enforceable Consent Agreements (ECAs) regarding the performance of pharmacokinetics studies which would permit extrapolation from oral data to predict risk from inhalation exposure. The data would have primarily been used to implement several provisions of section 112 of the Clean Air Act (CAA), including determining residual risk, estimating risks associated with accidental releases of chemicals, and determining whether or not substances should be removed from the CAA section 112(b)(1). EPA’s Office of Air Quality Planning and Standards (OAQPS), along with EPA’s Office of Research and Development (ORD), informed EPA that it would not be prudent to expend resources to finalize this rule. EPA is also withdrawing this proposed action because the original proposal was issued in 1996 and the Agency has determined that the record does not address recent scientific information developed since the original proposal. This withdrawal, however, does not preclude the Agency from initiating the same or similar rulemaking at a future date. EPA is currently developing efforts to strengthen the agency’s chemical management program under Toxics Substances Control Act (TSCA) by ramping up efforts to assess, prioritize, and take action on existing chemicals. As part of this enhanced effort EPA will consider how best to address potential concerns with these chemicals, which would include using scientific information and data developed since the rule was proposed.

Priority: Info./Admin./Other Agenda Stage of Rulemaking: Completed Action Major: No Unfunded Mandates: No CFR Citation: 40 CFR 790 to 799 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 15 USC 2603 TSCA 4 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 06/26/1996 61 FR 33178 Supplemental NPRM 12/24/1997 62 FR 67466 Supplemental NPRM 2 04/21/1998 63 FR 19694 Notice; Withdrawal 09/14/2010 75 FR 55728

Additional Information: EPA publication information: NPRM - http://www.epa.gov/fedrgstr/EPA-TOX/1996/June/Day-26/pr24153DIR/pr-24153.pdf

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal Small Entities Affected: Business Federalism: No Energy Affected: No RIN Information URL: http://www.epa.gov/oppt/chemtest Sectors Affected: 325; 32411 Agency Contact: John Schaeffer Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7405M Washington , DC 20460 Phone: 202 564-8173 FAX: 202 564-4765 E-Mail: Schaeffer.John@epa.gov Agency Contact: Bob Jones Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7405M Washington , DC 20460 Phone: 202 564-8161 FAX: 202 564-4765 E-Mail: jones.robert@epa.gov

Environmental Protection Agency (EPA) Office of Prevention, Pesticides and Toxic Substances ( OPPTS ) RIN: 2070-AD53

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Title: TSCA Policy Statement on Oversight of Transgenic Organisms (Including Plants) Abstract: As a follow-up to the final Biotechnology Rule under the Toxic Substances Control Act (TSCA) EPA is considering whether to address TSCA oversight of transgenic plants and other organisms. Recent information indicates that transgenicplants 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 Food and Drug Administration (FDA) appear to be subject to TSCA. Such animals may be genetically improved livestock for commercial purposes. The policy statement would address whether EPA should exercise jurisdiction under TSCA over such transgenic organisms prior to their commercial use.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action Major: No Unfunded Mandates: No CFR Citation: 40 CFR 720 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 15 USC 2604 Legal Deadline: None

Timetable:
Action Date FR Cite Withdrawn 09/10/2010

Additional Information: SAN No. 4598

Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal Small Entities Affected: Business; Organizations Federalism: No Energy Affected: No RIN Information URL: http://www.epa.gov/oppt/ Sectors Affected: 112; 325; 111; 113; 326 Agency Contact: Ken Moss Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7405M Washington , DC 20460 Phone: 202 564-9232 FAX: 202 564-9490 E-Mail: moss.kenneth@epa.gov

Environmental Protection Agency (EPA) Office of Prevention, Pesticides and Toxic Substances ( OPPTS ) RIN: 2070-AJ15

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Title: Effects of Transfers of Ownership on Obligations Under Section 5 of TSCA Abstract: Companies frequently transfer ownership or other rights with respect to a chemical substance to a different company or person. These transfers may have regulatory implications because of the transferor's earlier submittal under the Toxic Substances Control Act (the "Act") of a premanufacture notice, a significant new use notice or an exemption notice to EPA for the chemical substance. The Agency has not always required the transferee to submit a new notice and has allowed the transferee to manufacture the chemical substance under the original company's authorization. Because there are no rules or definitive guidance concerning the procedures regarding transfer of ownership, this issue has not been addressed in a clear and consistent manner. Furthermore, it is not always clear when the transferee is liable under the Act to the same extent as the transferor. Therefore, to clarify these issues, EPA is considering whether to adopt a rule to accomplish several purposes: (1) to provide a clear procedural mechanism to address such transfers; (2) to require the transferee to specifically assume all of the legal obligations associated with the transferred right to manufacture; and (3) to provide notice to the Agency of a proposed transfer thereby allowing the Agency to engage in more meaningful compliance monitoring.

Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action Major: No Unfunded Mandates: No CFR Citation: 40 CFR 720 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 15 USC 2604 Legal Deadline: None

Timetable:
Action Date FR CiteWithdrawn 09/10/2010

Additional Information: SAN No. 4975

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No RIN Information URL: http://www.epa.gov/oppts/ Sectors Affected: 325 Agency Contact: Roy Seidenstein Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7405M Washington , DC 20460 Phone: 202 564-9274 FAX: 202 564-9490 E-Mail: seidenstein.roy@epa.gov Agency Contact: Greg Schweer Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7405M Washington , DC 20460 Phone: 202 564-8469 FAX: 202 564-9094 E-Mail: Schweer.Greg@epa.gov

Environmental Protection Agency (EPA) Office of Prevention, Pesticides and Toxic Substances ( OPPTS ) RIN: 2070-AJ29

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Title: Pesticide Agricultural Container Recycling Program Abstract: EPA is suspending consideration of the development of a proposal to require registrants of agricultural and professional specialty pesticides to recycle certain plastic containers.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action Major: No Unfunded Mandates: No CFR Citation: 40 CFR 165 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 7 USC 136 to 136y Legal Deadline: None

Timetable:
Action Date FR Cite Withdrawn 09/10/2010

Additional Information: EPA Docket information: EPA-HQ-OPP-2006-0688

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: Business Federalism: No Energy Affected: No Sectors Affected: 32532 Agency Contact: Jeanne Kasai Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7506P Washington , DC 20460 Phone: 703 308-3240 FAX: 703 308-3259 E-Mail: kasai.jeanne@epa.gov Agency Contact: Nancy Fitz Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7506P Washington , DC 20460Phone: 703 305-7385 FAX: 703 308-3259 E-Mail: fitz.nancy@epa.gov

Environmental Protection Agency (EPA) Office of Prevention, Pesticides and Toxic Substances ( OPPTS ) RIN: 2070-AJ36

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Title: Mercury; Significant New Use Rule for Elemental Mercury in Flow Meters, Manometers, and Pyrometers Abstract: Elemental mercury has been used in many industrial and consumer applications, due to its unique properties. Certain uses of elemental mercury can lead to releases to the environment during manufacturing, recycling, or disposal. Under certain conditions, mercury in the environment can cause adverse effects in humans and wildlife. Some State governments have restricted certain uses of mercury use and have requested federal action to bolster these efforts. In 2006, EPA committed to pursue reductions in mercury used in switches, relays, and measuring devices. In 2007, EPA issued a Significant New Use Rule (SNUR) for elemental mercury used in certain switches previously installed in motor vehicles. EPA has now identified three more discontinued uses of mercury that have cost-effective alternatives. The discontinued uses of mercury are used in flow meters, manometers on oil and gas pipelines, and pyrometers. The SNUR would require persons to notify EPA at least 90 days before commencing the manufacture or processing of mercury for these three uses.

Priority: Routine and Frequent Agenda Stage of Rulemaking: Completed Action Major: No Unfunded Mandates: No CFR Citation: 40 CFR 721 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: TSCA section 5(a) Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 09/11/2009 74 FR 46707 Final Action 07/21/2010 75 FR 42330

Additional Information: EPA publication information: NPRM - http://www.epa.gov/fedrgstr/EPA-TOX/2009/September/Day11/t21894.htm; EPA Docket information: EPA-HQ-OPPT-2008-0483

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No RIN Information URL: http://www.epa.gov/mercury/ Sectors Affected: 334513 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 E-Mail: gimlin.peter@epa.gov Agency Contact: Lynn Vendinello Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7404T Washington , DC 20460 Phone: 202 566-0514 FAX: 202 566-0473 E-Mail: vendinello.lynn@epa.gov

Environmental Protection Agency (EPA) Office of Prevention, Pesticides and Toxic Substances ( OPPTS ) RIN: 2070-AJ55

View Related DocumentsTitle: Lead; Amendment to the Opt-Out and Recordkeeping Provisions in the Renovation, Repair, and Painting Program Abstract: As part of a lawsuit settlement, EPA agreed to make several revisions to the 2008 Lead Renovation, Repair, and Painting Program (RRP) rule that established accreditation, training, certification, and recordkeeping requirements as well as work practice standards on persons performing renovations for compensation in most pre-1978 housing and child-occupied facilities. In October of 2009, EPA proposed amendments to the opt-out provision that currently exempts a renovator from the training and work practice requirements of the rule when he or she obtains a certification from the owner of a residence he or she occupies that no child under age 6 or pregnant women resides in the home and the home is not a child-occupied facility. EPA also proposed revisions that involve renovation firms providing the owner with a copy of the records they are currently required to maintain to demonstrate compliance with the training and work practice requirements of the RRP rule and, if different, providing the information to the occupant of the building being renovated or the operator of the child-occupied facility. In addition to the proposed amendments, EPA considered various minor amendments to the regulations concerning training provider accreditations, renovator certifications and State and Tribal program requirements. In May, 2010, EPA published a final rule eliminating the opt-out provision and finalizing the other provisions.

Priority: Economically Significant Agenda Stage of Rulemaking: Completed Action Major: Yes Unfunded Mandates: No CFR Citation: 40 CFR 745 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 15 USC 2601(c); 15 USC 2682(c)(3); 15 USC 2684; 15 USC 2686; 15 USC 2687 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 10/28/2009 74 FR 55506 Final Action 05/06/2010 75 FR 24802

Additional Information: EPA publication information: NPRM -http://www.regulations.gov/search/Regs/home.html#documentDetail?R=0900006480a4cb0c; EPA Docket information: EPA-HQOPPT-2005-0049

Regulatory Flexibility Analysis Required: Business Government Levels Affected: Federal; Local; State; Tribal Federalism: No Energy Affected: No RIN Information URL: http://www.epa.gov/lead/pubs/renovation.htm Agency Contact: Marc Edmonds Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7404T Washington , DC 20460 Phone: 202 566-0758 E-Mail: Edmonds.Marc@epa.gov Agency Contact: Michelle Price Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7404T Washington , DC 20460 Phone: 202 566-0744 E-Mail: Price.Michelle@epa.gov

Environmental Protection Agency (EPA) Office of Prevention, Pesticides and Toxic Substances ( OPPTS ) RIN: 2070-AJ59

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Title: Amendments to the Procedural Rules for Enforceable Consent Agreements (ECAs) Abstract: On September 16, 2010, EPA published a final rule amending the procedures for developing Enforceable Consent Agreements (ECAs) to generate test data under the Toxic Substances Control ACT (TSCA). the main features of the ECA process amended by the final rule include when and how to initiate negotiations and inserting a fire deadline at which negotiations will terminate. The final rule also deleted, modified, or consolidated several sections of the 40 CFR part 790 to place the ECA provision in one section and the Interagency Testing Committee (ITC) provisions in a separate section, to make it clearer that there is one ECA negotiation procedure applicable to all circumstances when an ECA would be appropriate. The final rule also made conforming changes in other sections that reference the ECA procedures.Priority: Substantive, Nonsignificant Agenda Stage of Rulemaking: Completed Action Major: No Unfunded Mandates: No CFR Citation: 40 CFR 790 to 799 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 15 USC 2603 Legal Deadline: None

Timetable:
Action Date FR Cite
NPRM 02/19/2010 75 FR 7428 NPRM Comment Period End 03/22/2010
Final Action 09/16/2010 75 FR 56472

Additional Information: EPA publication information: NPRM -http://www.regulations.gov/search/Regs/home.html#documentDetail?R=0900006480aa83c8; EPA Docket information: EPA-HQOPPT-2009-0894

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No RIN Information URL: http://www.epa.gov/oppt/existingchemicals/ Agency Contact: Jessica Barkas Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7405M Washington , DC 20460 Phone: 202 250-8880 E-Mail: Barkas.Jessica@epa.gov Agency Contact: Mike Mattheisen Environmental Protection Agency Office of Prevention, Pesticides and Toxic Substances 7405M Washington , DC 20460 Phone: 202 564-3077 E-Mail: mattheisen.mike@epa.gov

Environmental Protection Agency (EPA) Office of the Administrator ( AdmO ) RIN: 2090-AA37

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Title: Age Discrimination Regulations—EPA-Assisted Programs—Age Discrimination Act of 1975 Abstract: The Age Discrimination Act of 1975 prohibits discrimination based on age in programs or activities that receive Federal financial assistance, and requires Federal agencies to issue regulations implementing the Act. Recipients are aware of this prohibition and are already in compliance with this requirement. This amendment will add Age as a protected classification to EPA's nondiscrimination regulations (40 CFR part 7), which already prohibit discrimination based on race, color, national origin, sex or handicap in EPA-assisted programs or activities pursuant to title VI of the Civil Rights Act of 1964, section 504 of the Rehabilitation Act of 1973, and section 13 of the Federal Water Pollution Control Act of 1972.

Priority: Other Significant Agenda Stage of Rulemaking: Completed Action Major: No Unfunded Mandates: No CFR Citation: 40 CFR 7.10 to 7.180 (To search for a specific CFR, visit the Code of Federal Regulations ) Legal Authority: 42 USC 6101 et seq. Legal Deadline: None

Timetable:
Action Date FR Cite Direct Final Action 06/04/2010 75 FR 31702
NPRM 06/04/2010 75 FR 31738 NPRM Comment Period End 08/03/2010 Direct Final Rule Effective 10/04/2010Additional Information: EPA publication information: Direct Final Action - http://www.regulations.gov/search/Regs/home.html#documentDetail?R=0900006480afbb0c

Regulatory Flexibility Analysis Required: No Government Levels Affected: No Small Entities Affected: No Federalism: No Energy Affected: No Sectors Affected: 924 Agency Contact: Thomas Walker Environmental Protection Agency Office of the Administrator 1201A Washington , DC 20460 Phone: 202 343-9680 FAX: 202 233-0630 E-Mail: walker.tom@epa.gov Agency Contact: Helena Wooden-Aguilar Environmental Protection Agency Office of the Administrator 1201A Washington , DC 20460 Phone: 202 343-9681 FAX: 202 233-0630 E-Mail: Wooden-Aguilar.Helena @epa.gov