C-1

Appendix C Proposed Regulations Applicable to Fuel Facilit

APPENDIX C 

Proposed Regulations Applicable to Fuel Facilities

The U.S. Environmental Protection Agency (EPA) and other federal agencies publish advanced notices of pr

rulemaking, notices of proposed rulemaking, proposed rules, and final rules in the Federal Register (FR), which is published each business day. Proposed rulemaking documents are identified in the Office of Information and Regulat

Affairs of the Office of Management and Budget’s Unified Agenda. The portion for EPA, as of fall 2018, that m

relevant to DLA Energy is provided below. To check on regulatory developments go to www.reginfo.gov/publ

Regulation Description

Air Emissions

40 CFR 63.

72 FR 69 (1/3/07)

72 FR 9718 (3/5/07)

83 FR 5543 (2/8/18)

RIN 2060−A

Reclassification of Major Sources as Area Sour

These amendments would address 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 under Clean Air Act (CAA) section 112. The January 25, 2018, William Wehrum 

Memorandum withdrew the Once In, Always In (OIAI) policy that required facilities that are major 

sources for hazardous air pollutants (HAPs) on the first substantive compliance date of a NESHAP 

Maximum Achievable Control Technology (MACT) standard to comply permanently with the 

MACT standard to comply permanently.

40 CFR 8

Not yet published in FR, Final

rule expected 3/20 

RIN 2060−

Protection of the Stratospheric Ozone: Motor Vehicle Air Conditioning System Serv

This action would establish servicing and equipment provisions, as required by the CAA, for new 

alternative refrigerants in the motor vehicle air conditioning end-use currently listed as acceptable 

subject to use conditions under the Significant New Alternatives Policy (SNAP) program and being 

used in cars on the road today.

40 CFR 72-7

Not yet published in FR, Final

rule expected 4/19

RIN 2060−

General Revisions to Emissions Monitoring and Reporting Requirements for Fossil Fuel-F

Electric Generating Un

This proposed rule would revise the definitions, monitoring, recordkeeping, and reporting 

requirements associated with the allowance trading programs (for example, Acid Rain or Cross 

State Air Pollution Rule) implemented by EPA in conjunction with states. EPA periodically revises 

these regulations to update test methods incorporated by reference, correct known errors, clarify, 

and otherwise modify provisions where necessary to ensure that the requirements remain current 

and provide flexibility. The proposed rule would also update or remove other provisions of the acid 

rain program that applied only in earlier phases of the program.

40 CFR 8

Not yet published in FR,

Final rule expected 1/20

78 FR 37164 (6/20/13)

Protection of Stratospheric Ozone: Listing of Substitutes Under the Signific

Alternatives Policy Program

RIN 2060−AT78 EPA had received a number of manufacturers’ submissions and petitions concerning listi

of substitutes. This rule would propose listings based on EPA’s evaluation and other updates as 

appropriate.
C-2 Appendix C Proposed Regulations Applicable to Fuel Fac

Regulation Description

40 CFR 8

83 FR 20812 (5/8/18)

NPRM (2/

Final rule expected 11/19

RIN 2060-

Fuels Regulatory Streamlinin

This action is intended to streamline and modernize EPA’s existing fuels regulations under 40 Code 

of Federal Regulations (CFR) part 80. The purpose of this effort is to update EPA’s existing gasoline, 

diesel, and other fuels regulations to help reduce compliance costs for industry and EPA, while 

improving overall compliance assurance and maintaining environmental performance. In this 

action, EPA will streamline existing fuels regulations by deleting expired provisions, eliminating 

redundant compliance provisions (for example, duplicative registration requirements that are 

required by every EPA fuels program), and removing out-of-date requirements to replace them 

with a single set of provisions and definitions that will apply across all gasoline, diesel, and other 

fuels programs currently under 40 CFR part 80.

40 CFR 6

Not yet published in FR

NPRM (11/

RIN 2060-

Review of Standards of Performance for Greenhouse Gas Emissions from New, Modifie

Reconstructed Stationary Sources: Electric Generating 

On April 4, 2017, EPA announced it is reviewing the Standards of Performance for Greenhouse Gas 

Emissions from New, Modified, and Reconstructed Stationary Sources: Electric Generating Units, 

found at 40 CFR part 60, subpart TTTT.

40 CFR 6

82 FR 61507 (12/28/17)

83 FR 44746 (8/31/18)

NPRM (10/30/

Final rule expected 3/19

RIN 2060-

Emission Guidelines for Greenhouse Gas Emissions from Existing Electric Utility Ge

Units; Revisions to Emission Guideline Implementing Regulations; Revisions to Ne

Review (NSR) Pro

On April 4, 2017, EPA announced it is reviewing the Clean Power Plan (CPP), found at 40 CFR 

part 60, subpart UUUU via Executive Order (EO) 13771. EPA has, in a separate action, proposed 

to repeal the CPP. EPA solicited input on a CPP replacement rule through an Advanced Notice 

of Proposed Rule Making (ANPRM) published on December 28, 2017. On August 31, 2018, 

EPA published the proposed Affordable Clean Energy (ACE) rule in the Federal Register as a 

replacement for the CPP.

40 CFR 8

83 FR 49332 (10/1/18) Final 

rule expected 1/19

RIN 2060−

Protection of Stratospheric Ozone: Revisions to the Refrigerant Management Require

Under the Clean Air Act

In 2016, EPA finalized a rule updating the refrigerant management requirements under the CAA. 

The 2016 rule updated those existing requirements and extended them to non-ozone depleting 

substitute refrigerants, such as hydrofluorocarbons (HCFCs). Updates included strengthened 

leak repair requirements, recordkeeping requirements for the disposal of appliances containing 

more than 5 and less than 50 pounds of refrigerant, revisions to the technician certification 

program, and revisions for improved readability and compliance. This action revisits aspects 

of the 2016 rule’s extension of the refrigerant management requirements to substitutes like 

hydrofluorocarbons. This proposal would not affect the requirements for ozone-depleting 

refrigerants.

40 CFR 63, subpart

Not yet published in FR

Final rule expected 3/20

RIN 2060-

National Emission Standards for Hazardous Air Pollutants: Organic Liquids Distribution (NonGasoline) Residual Risk and Techn

This action will address EPA’s residual risk and technology review (RTR) of the NESHAP for Organic 

Liquids Distribution (Non-Gasoline). The Organic Liquids Distribution (Non-Gasoline) NESHAP, 40 

CFR 63 subpart EEEE, was promulgated pursuant to section 112(d) of the CAA on February 3, 2004 

(See 69 FR 5063). The NESHAP established emission limitations and work practice requirements 

based on MACT for control emissions of HAPs from storage tanks, transfer racks, and equipment 

leaks from associated equipment. The most prevalent HAPs emitted from these sources include, 

but are not limited to, benzene, ethylbenzene, toluene, vinyl chloride, and xylenes. This action 

will implement the residual risk review requirements of CAA section 112(f)(2) and the technology 

review requirements of CAA section 112(d)(6).
Appendix C Proposed Regulations Applicable to Fuel Facilit

Regulation Description

40 CFR 5

Not yet published in FR,

Proposed action expected 2/1

RIN 2060−

Prevention of Significant Deterioration (PSD) and Nonattainment New Source R

Project Emissions Accountin

Under the NSR preconstruction permitting program, sources undergoing modifications need to 

determine whether their modification is considered a major modification and thus subject to 

NSR preconstruction permitting. A source owner determines if its source is undergoing a major 

modification under NSR using a two-step applicability test. The first step is to determine if there 

is a “significant emission increase” of a regulated NSR pollutant from the proposed modification 

(Step 1) and the second step is to determine if there is a “significant net emission increase” of that 

pollutant (Step 2). In this action, we are proposing the consideration of emissions increases and 

decreases from a modification in Step 1 of the NSR major modification applicability test for all unit 

types (i.e., new, existing, and hybrid units).

CFR:

Not yet published in FR

Final rule expected 1/19 

2060−AT9

Determinations of Attainment by the Attainment Date, Extensions of the Attainment Da

and Reclassification of Several Areas Classified as Moderate for the 2008 Ozone Natio

Ambient Air Quality Standards (NAAQ

This action relates to the attainment status of nonattainment areas for the 2008 ozone NAAQS 

currently classified as Moderate. All Moderate areas must attain the ozone standard within 6 years 

of the effective date of the designation, or by July 20, 2018, unless an area is granted a 1-year 

attainment date extension. If a Moderate area fails to attain the standard by the attainment 

date, the area will be reclassified to Serious nonattainment by operation law. In this notice, 

EPA proposes to find that certain Moderate nonattainment areas attained the standard by the 

attainment date, while others failed to attain and will be reclassified to Serious nonattainment by 

operation of law or qualify for a 1-year attainment date extension.

40 CFR 8

Not yet published in FR, Final

rule expected 12/19

RIN 2060−

Protection of Stratospheric Ozone: Updates to the Significant New Alternatives 

Program

This rule would address a court remand of EPA’s Significant New Alternatives Policy (SNAP) 

program final rule issued on July 20, 2015 (2015 Rule) that, among other things, changed the 

listings for certain hydrofluorocarbons (HFCs) in various end-uses in the aerosols, refrigeration 

and air conditioning, and foam blowing sectors. The Court of Appeals for the District of Columbia 

Circuit in the case of Mexichem Fluor, Inc. v. EPA vacated the 2015 Rule “to the extent it requires 

manufacturers to replace HFCs with a substitute substance” and remanded the rule to EPA for 

further proceedings.

40 CFR 8

Not yet published in FR, Final

rule expected 12/19 IN 20

AU2

Protection of Stratospheric Ozone: Adjustments to the Allowance System for Controll

HCFC Production and Import, 2020-2030, and Other Upda

EPA is proposing to allocate allowances for the production and consumption of 

hydrochlorofluorocarbons (HCFCs) between 2020 and 2030, as well as make other minor changes 

related to the regulations at 40 CFR part 82 subpart A.

40 CFR 6

Not yet published in FR

Final rule expected 11/19

RIN 2060−

Standards of Performance for Stationary Compression Ignition (CI) Internal Combu

Engines Amendments

This action will amend the Standards of Performance for Stationary Compression Ignition (CI) 

Internal Combustion Engines (40 CFR part 60, subpart IIII) to provide regulatory relief for owners 

and operators of stationary CI engines in remote areas of Alaska. Subpart IIII currently requires 

new CI engines in remote areas of Alaska to meet the Tier 4 PM emission standard for 2014 

model year and later engines. In order to comply with the Tier 4 PM standard, owners/operators 

must purchase Tier 3 engines and retrofit the new engine with a diesel particulate filter. EPA is 

proposing to remove the requirement that new CI engines in remote areas of Alaska must meet 

the Tier 4 PM emission standard. EPA has already revised the rule to remove the requirement for 

these engines to meet the Tier 4 standards for other pollutants.
C-4 Appendix C Proposed Regulations Applicable to Fuel Fac

Regulation Description

CFR:

Not yet published in FR,

NPRM (1/

Final rule expected 12/19

RIN 2060-

Renewable Fuel Standard Program Modification of Applicable Volumes, 2020 Standards, and 

Other Changes

Under the statutory provisions governing the Renewable Fuel Standard (RFS) program, EPA is 

required to modify, or reset, the applicable annual volume targets specified in the statute for 

future years if waivers of those volumes in past years met certain specified thresholds. Those 

thresholds have been met or are expected to be met in the near future. As a result, EPA is proposing a rulemaking that will propose modifying the applicable volumes targets for cellulosic biofuel, 

advanced biofuel, and total renewable fuel for the years 2020 to 2022.

In concert with these modifications, EPA will be proposing volume requirements for biomass-based diesel (BBD) for 2021 and 2022. Since the timetable for this rulemaking overlaps 

that for annual standard-setting rulemakings, this rulemaking will also include the applicable 

percentage standards for 2020. Finally, this rulemaking includes several regulatory amendments 

designed to provide clarity and increase opportunities for renewable fuel production.

40 CFR 8

Not yet published in FR

NPRM (2/

Final action expected 5/19

RIN 2060-

Modifications to Fuel Regulations to Provide Flexibility for E15; Modifications to

Market Regulation

EPA is proposing regulatory changes to allow gasoline blended with up to 15% ethanol (E15) to 

take advantage of the 1-psi Reid Vapor Pressure (RVP) waiver that currently applies to E10 during 

the summer months. EPA is proposing regulatory changes to modify certain elements of the 

renewable identification number (RIN) compliance system under the RFS program to improve RIN 

market functioning.

No CFR Citati

75 FR 19567 (4/15/10)

75 FR 27191 (5/14/10)

75 FR 27643 (5/18/10)

Final action expected 10/18

RIN 2060−

Reconsideration of the Prevention of Significant Deterioration (PSD) and Nonattain

Source Review (NSR) Project Aggre

Under the NSR preconstruction permitting program, stationary sources undergoing 

modifications need to determine whether their physical or operational changes are a “major 

modification” based on the emissions increase that would result from the changes. The term 

“project aggregation” within the NSR program refers to the grouping of related physical and/

or operational changes at a facility into a single project, and combining the corresponding 

emission increases or decreases for purposes of determining NSR applicability. In January 2009, 

the EPA finalized an interpretation of existing NSR regulations that changes at a facility should 

be aggregated into a single project if they are “substantially related.” The action also addressed 

how the timing of changes should be considered for aggregation purposes and, as a statement of 

policy, it created a presumption against aggregating changes that occur 3 or more years apart. 

This 2009 action is currently stayed and under reconsideration by EPA. This current action will 

finalize the reconsideration of the 2009 action.

40 CFR 51, 60, 6

83 FR 3636 (1/26/18

Final rule expected 10/18

RIN 2060−

Revisions to Testing Regulations for Air Emission Sou

This action corrects and updates source test methods, performance specifications, and testing 

regulations for air emission sources under 40 CFR parts 51, 60, and 63. The revisions include 

corrections to testing provisions that contain inaccuracies and typographical errors, updates to 

outdated test methods, and the addition of alternative testing procedures the EPA has deemed 

acceptable to use.

40 CFR 6

82 FR 48035 (10/16/17)

82 FR 51787 (11/8/17)

83 FR 4620 (2/1/18)

Final rule expected 3/19

RIN 2060−

Repeal of Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric

Generating Unit

On April 4, 2017, the EPA announced it is reviewing the Clean Power Plan, found at 40 CFR part 60, 

subpart UUUU via EO 13771. This action proposes to withdraw the Clean Power Plan on grounds 

that it exceeds the statutory authority provided under section 111 of the CAA. The proposed repeal 

was published on October 16, 2017.
Appendix C Proposed Regulations Applicable to Fuel Facilit

Regulation Description

40 CFR 5

83 FR 26752 (6/8/18)

83 FR 28843 (6/21/18)

Final action expected 1/19 

2060−AT6

Review of the Primary National Ambient Air Quality Standards for Sulfur O

Under the CAA Amendments of 1977, EPA is required to review and if appropriate revise the air 

quality criteria and NAAQS every 5 years. On June 22, 2010, EPA published a final rule to revise the 

primary (health-based) NAAQS for sulfur oxides to provide increased protection for public health. 

This review of the 2010 NAAQS includes the preparation by EPA of an Integrated Review Plan, 

an Integrated Science Assessment, a Risk/Exposure Assessment, and also a Policy Assessment 

Document, with opportunities for review by EPA’s Clean Air Scientific Advisory Committee 

(CASAC) and the public. These documents inform the administrator’s proposed decision as to 

whether to retain or revise the current standard.

40 CFR 8

83 FR 31098 (7/3/18)

83 FR 32024 (7/10/18)

Final rule expected 11/18

RIN 2060-

Renewable Fuel Volume Standards for 2019 and Biomass-Based Diesel (BBD) Volume f

The CAA requires EPA to promulgate regulations that specify the annual volume requirements for 

renewable fuels under the RFS program. Standards are to be set for four different categories of 

renewable fuels: cellulosic biofuel, BBD, advanced biofuel, and total renewable fuel. The statute 

requires that the standards be finalized by November 30 of the year prior to the year in which the 

standards would apply. In the case of BBD, the statute requires applicable volumes to be set no 

later than 14 months prior to the year for which the requirements would apply.

40 CFR 8

Not yet published in FR, Final

rule expected 10/18

RIN 2060−

Air Quality Designations for the 2015 Ozone National Ambient Air Quality Standards: E

Corrections

EPA established the area designations for the 2015 ozone NAAQS in actions published on 

November 16, 2017, June 4, 2018, and July 25, 2018. Following publication, EPA discovered 

inadvertent errors in the regulatory tables for six states. The inadvertent errors include 

typographical and formatting errors and omission of several attainment/unclassifiable counties. 

EPA is correcting the errors consistent with the rulemaking record.

Emergency Response

Nonregulator

81 FR 21362 (4/16)

Revisions to the National Preparedness for Response Exercise Program (PREP)

The U.S. Coast Guard revised the PREP Guidelines, in consultation with EPA, PHMSA, and DOI 

Bureau of Safety and Environmental Enforcement (formerly Mineral Management Services).

Hazardous Waste and Used Oil

40 CFR 26

NPRM expected 11

Final rule expected 01/20

RIN 2050-

Modernizing Ignitable Liquids Determinatio

EPA is considering updating the flash point test methods for the determination of 

characteristically ignitable hazardous waste along with other minor changes. The required test 

methods refer to outdated standards developed by the American Society for Testing and Materials 

(ASTM standards) and require instrumentation that is no longer readily commercially available. A 

proposed update to the flash point test methods will allow for the use of commercially available 

instrumentation and will no longer require mercury thermometers. EPA is also proposing to 

remove the requirements for mercury thermometers in the SW-846 air sampling and stack 

emissions methods. In addition, EPA intends to solicit public input on the alcohol exclusion 

for ignitable aqueous alcohols and whether a revision is necessary to improve existing waste 

management practices.

40 CFR 262.4

Not yet published in FR

RIN 2050−A

RCRA Smarter Waste Repor

Proposed initiative would decrease regulatory burden on respondents completing the Biennial 

Report (BR) by eliminating the form for waste shipped off-site. Proposes to 1) substitute BR data 

with data from the e-Manifest system and 2) improve the information EPA currently receives from 

respondents who manage waste on-site, in an effort to improve the quality of BR data.
C-6 Appendix C Proposed Regulations Applicable to Fuel Fac

Regulation Description

Wastewater and Stormwater Permitting

40 CFR 110, 112, 116, 117, 122,

230, 232, 300, 302, 401

Final action expected 9/19

RIN: 2040-A

Revised Definition of “Waters of the United Stat

Responds to the February 28, 2017, Presidential EO: Restoring the Rule of Law, Federalism, and 

Economic Growth by Reviewing the “Waters of the United States” Rule. To meet the objectives of 

the EO, a comprehensive, two-step rulemaking process to first, recodify the pre-existing definition 

of “waters of the United States.” And second, reconsideration of the definition of “waters of the 

United States” consistent with the 

40 CFR 122.26, 122.30−.3

Not yet published in FR, Final

action expected 12/14

RIN 2040−A

Stormwater Regulations Revision to Address Discharges from Developed

Proposed action would establish requirements for, at minimum, managing stormwater 

discharges from newly developed and redeveloped sites, to reduce the amount of pollutants in 

stormwater discharges entering receiving waters by reducing the discharge of excess stormwater, 

and may take other actions to implement improved control of stormwater pollution and more 

efficient rainwater use.

40 CFR 12

RIN 2040-A

Final Rule expected 4/1

Updates to eReporting Rule Data Elements to Reflect MS4 General Permit 

Proposed action will update the data elements included in the final eReporting Rule for Phase II 

municipal separate storm sewer systems (MS4s) to reflect the changes made in the MS4 General 

Permit Remand Rule (81 FR 89320, December 8, 2016). These updates do not increase the work 

associated with complying with the eReporting Rule, but rather the changes will correct obsolete 

citations and current inconsistencies with the newly modified Phase II stormwater regulations. 

The updates will assist permitting authorities and MS4 permittees who will need to begin 

reporting information electronically by December 21, 2020.

40 CFR 12

NPRM expected 7

Final action expected 7/20

RIN: 2040-A

Peak Flows Management

Proposed update to the regulations will seek to clarify permitting procedures to provide POTWs 

with separate sanitary sewer systems flexibility in how they manage and treat peak flows under 

wet weather conditions. These updates will also seek to ensure a consistent national approach 

for permitting POTWs that allows efficient treatment plant operation while protecting the public 

from potential adverse health effects of inadequately treated wastewater.

40 CFR 122−12

Proposed Rule 81 FR 31343

Final action expected 12/18

RIN 2040−A

National Pollutant Discharge Elimination System (NPDES) Application and Prog

Rul

A final action on a subset of provisions included in the EPA’s proposal to update specific elements 

of the existing NPDES regulations. The rule will make targeted revisions to application and public 

notice requirements, and several other minor revisions that were included in the proposed rule. 

The rule will address portions of the proposed rule that were intended to update the NPDES 

regulations to be clearer and more effective, promote submission of complete permit applications, 

and allow more timely development of NPDES permits.
Appendix C Proposed Regulations Applicable to Fuel Facilit

Regulation Description

40 CFR 170

RIN 2040-A

Final Rule expected 12/1

Uniform National Discharge Standards for Vessels of the Armed Forces – Phase II-B

(U

Section 312(n) of the “Uniform National Discharge Standards (UNDS) for Vessels of the Armed 

Forces” directs the EPA and DoD to establish national discharge standards for discharges 

incidental to the normal operation of a vessel of the Armed Forces in three phases. After the third 

phase of the rulemaking is complete, these national standards will preempt state discharge 

standards for these vessels, though states may enforce the uniform national standards. The 

EPA and DoD jointly promulgated Phase I on May 10,1999 (64 FR 25126) and concluded that 25 

discharges from vessels of the Armed Forces would require discharge performance standards. 

Phase II of the rulemaking (joint EPA and DoD rule) is the development of the 25 discharge 

performance standards, which is being done in three “batches” of rulemaking. UNDS Phase II 

– Batch One performance standards were promulgated on January 11, 2017 (82 FR 3173). The 

UNDS Phase II – Batch Two includes the following discharges: catapult water brake tank and 

postlaunch retraction exhaust; controllable pitch propeller hydraulic fluid; deck runoff; fire main 

systems; gray water; hull coating leachate; motor gasoline compensating discharge; sonar dome 

discharge; submarine bilgewater; surface vessel bilgewater/oil-water separator; and underwater 

ship husbandry. 

40 CFR 13

75 FR 44930 (7/30/10)

78 FR 54517 (9/4/13)

78 FR 70905 (11/13

Final rule 10/20/15

RIN 2040−A

Water Quality Standards (WQS) Regulatory Clarificati

Proposed rule addresses the following areas: 1) administrator’s determination that new or revised 

WQS are necessary, 2) designated uses, 3) triennial review requirements, 4) antidegradation, 5) 

variances to water quality standards, and 6) compliance schedule authorizing provisions.

40 CFR 13

NPRM expected 12

Final rule expected 12/19

RIN 2040-A

Clean Water Act Methods Update Rule for the Analysis of Efflue

To 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 and others for 

water monitoring. These test procedures must be used to implement the NPDES program unless 

EPA has approved the use of an alternate procedure. The regulation would also revise, clarify, and 

correct errors and ambiguities in existing methods and the water monitoring regulations.

40 CFR 15

83 FR 29499

NPRM (6/18)

Final expected 8/19

RIN 2050-

Clean Water Act Hazardous Substances Spill Preventi

As a result of a consent decree, the EPA has issued a proposed rule that addresses the prevention 

of hazardous substance discharges under section 311(j)(1)(C) of the Clean Water Act (CWA). 

This section directs the President to issue regulations to prevent discharges of oil and hazardous 

substances from onshore and offshore facilities, and to contain such discharges. The EPA assessed 

the consequences of hazardous substance discharges into the nation’s waters, and evaluated 

the costs and benefits of potential preventive regulatory requirements for facilities handling 

such substances. Based on an analysis of the frequency and impacts of reported CWA hazardous 

substances discharges and the existing framework of EPA regulatory requirements, the Agency did 

not propose additional regulatory requirements.

40 CFR 23

NPRM expected 06

RIN 2040-A

Clean Water Act Section 404(c) Regulatory Revisi

Revisited to reflect modern-day methods and protections, including the robust existing processes 

under the National Environmental Policy Act (NEPA) that requires federal agencies to consider the 

environmental and related social and economic effects of their proposed actions while providing 

opportunities for public review and comment on those evaluations. The updated regulations have 

the opportunity for increasing certainty for landowners, investors, businesses and entrepreneurs 

to make investment decisions while preserving EPA’s authority to restrict discharges of dredge or 

fill material that will have an unacceptable adverse effect on water supplies, recreation, fisheries 

and wildlife.
C-8 Appendix C Proposed Regulations Applicable to Fuel Fac

Regulation Description

40 CFR 42

78 FR 34431 (6/7/13)

78 FR 41907 (7/12/13)

80 FR 67838

82 FR 43494

Final action expected 12/19

RIN 2040−A

Effluent Limitations Guidelines and Standards for the Steam Electric Power Generati

Source Categor

Would establish effluent limitations guidelines and standards to steam electric power plants using 

nuclear or fossil fuels, such as coal, oil, and natural gas to reduce discharges of pollutants from 

industries to waters of the U.S. These requirements are incorporated into NPDES discharge permits 

issued by EPA and states and through the national pretreatment program. EPA intends to conduct 

a rulemaking to potentially revise certain best available technology economically achievable 

(BAT) effluent limitations and pretreatment standards for existing sources (PSES) for the steam 

electric power generating point source category, which were published in the Federal Register on 

November 3, 2015. EPA is, accordingly, postponing the associated compliance dates in the 2015 

Rule.

40 CFR 45

78 FR 19434 (4/1/13)

79 FR 12661 (3/14)

Final rule effective date 5/5/14

RIN 2040−A

Effluent Limitations Guidelines and Standards for the Construction and Development 

Source Categor

Would address revisions to the effluent guidelines and standards for the construction and 

development point source category 40 CFR 450, specific to several of the non−numeric portions of 

the rule in response to litigation.

CFR:

RIN 2040-A

Compensatory Mitigation for Losses of Aquatic Resource  – Review and Approval 

Mitigation Banks and In-Lieu Fee Progr

In 2008, the U.S. Army Corps of Engineers (USACE) and the EPA issued a final rule governing 

compensatory mitigation for losses of aquatic resources (73 FR 19593). The interagency review 

team consists of federal, state, and local agencies, Tribal nations, and the mitigation bank 

or in-lieu fee program sponsor. USACE is reviewing the review and approval process and the 

interagency review team process in particular to enhance the efficiency of the mitigation bank 

and in-lieu fee program approval time frames. An increase in efficiency would likely result 

in savings to the public because it is expected to result in shorter review times for proposed 

mitigation banks, in-lieu fee programs, and instrument modifications, as well as credit release 

requests, and decreases in the resources other federal, state, and local agencies expend in 

reviewing these activities, attending meetings, participating in site visits, and providing their 

comments to USACE.

40 CFR 170

81 FR 69753   (10/16

Final action expected 12/18 

RIN 2040−A

Uniform National Discharge Standards (UNDS) for Vessels of the ArmedForces  P

Batch Tw

Phase II will establish performance standards for control devices for these 25 discharges, 

possibly leading to more oily wastes being offloaded at terminals. The Phase II standards will 

be promulgated in 3 batches. Each batch will address several performance standards. Once 

DoD implements Phase II rules, covered discharges will no longer be subject to state discharge 

standards. UNDS Phase II – Batch Two includes the following discharges: catapult water brake 

tank & post-launch retraction exhaust; controllable pitch propeller hydraulic fluid; deck runoff; 

fire main systems; gray water; hull coating leachate; motor gasoline compensating discharge; 

sonar dome discharge; submarine bilgewater; surface vessel bilgewater/oil-water separator; and 

underwater ship husbandry.

40 CFR 12

Final Rule expected 4/1

RIN 2040-A

Updates to eReporting Rule Data Elements to Reflect MS4 General Permit 

EPA plans to update the data elements included in the final eReporting Rule for Phase II 

municipal separate storm sewer systems (MS4s) to reflect the changes made in the MS4 General 

Permit Remand Rule (81 FR 89320, December 8, 2016). These updates do not increase the work 

associated with complying with the eReporting Rule, but rather the changes will correct obsolete 

citations and current inconsistencies with the newly modified Phase II stormwater regulations. 

The updates will assist permitting authorities and MS4 permittees who will need to begin 

reporting information electronically by December 21, 2020.
Appendix C Proposed Regulations Applicable to Fuel Facilit

Regulation Description

Drinking Water

40 CFR 141 and 14

Final action expected 12/2019

RIN 2040−A

National Primary Drinking Water Regulations: Regulation of Perch

A consent decree entered by the U.S. District Court for the Southern District of New York states 

that EPA shall propose a national primary drinking water regulation (NPDWR) with a proposed 

Maximum Contaminant Level Goal (MCLG) for perchlorate in drinking water no later than 

October 31, 2018, and finalize a MCLG and NPDWR for perchlorate in drinking water no later 

than December 19, 2019. EPA has begun the process for developing a NPDWR for perchlorate. The 

Safe Drinking Water Act describes EPA’s requirements for regulating contaminants. In accordance 

with these requirements, EPA will consider the Science Advisory Board’s guidance on how to best 

interpret perchlorate health information to derive a MCLG for perchlorate. EPA is evaluating the 

feasibility and affordability of treatment technologies to remove perchlorate from drinking water 

and will examine the costs and benefits of a Maximum Contaminant Level (MCL) and alternative 

MCLs. EPA is seeking input through informal and formal processes from the National Drinking 

Water Advisory Council, the Department of Health and Human Services, State and Tribal drinking 

water programs, the regulated community (public water systems), public health organizations, 

academia, environmental and public interest groups, and other interested stakeholders on a 

number of issues relating to the regulation of perchlorate. EPA made a determination to regulate 

perchlorate in drinking water on February 11, 2011.

Miscellaneous

40 CFR 74

83 FR 3088

Final Rule expected 6/1

RIN 2070 A

Review of Dust-Lead Hazard Standards and the Definition of Lead-Bas

EPA is reviewing existing regulatory dust-lead hazard standards for target housing and childoccupied facilities (COFs) and the definition of lead-based paint for non-target housing. EPA 

proposed to change the dust-lead hazard standards from 40 microgram per square foot (μg/

ft2) and 250 μg/ft2 to 10 μg/ft2, and 100 μg/ft2 on floors and window sills, respectively. These 

standards apply to most pre-1978 housing and child-occupied facilities, such as daycare centers 

and kindergarten facilities. In addition, EPA proposed to make no change to the definition of leadbased paint because the Agency currently lacks sufficient information to support such a change.

RIN = Regulation Identification Number
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