[Federal Register Volume 79, Number 4 (Tuesday, January 7, 2014)]
[Proposed Rules]
[Pages 1216-1223]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-29640]
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Vol. 79
Tuesday,
No. 4
January 7, 2014
Part XVI
Environmental Protection Agency
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Semiannual Regulatory Agenda
Federal Register / Vol. 79 , No. 4 / Tuesday, January 7, 2014 /
Unified Agenda
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Ch. I
[EPA-HQ-OAR-2012-0313, EPA-HQ-OW-2012-0813, EPA-HQ-OAR-2013-0642; FRL
9900-64-OP]
Fall 2013 Regulatory Agenda
AGENCY: Environmental Protection Agency.
ACTION: Semiannual regulatory flexibility agenda and semiannual
regulatory agenda.
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SUMMARY: The Environmental Protection Agency (EPA) publishes the
semiannual regulatory agenda online (the e-Agenda) at http://www.reginfo.gov and at www.regulations.gov to update the public about:
Regulations and major policies currently under
development,
Reviews of existing regulations and major policies, and
Rules and major policymakings completed or canceled since
the last agenda.
Definitions
``E-Agenda,'' ``online regulatory agenda,'' and ``semiannual
regulatory agenda'' all refer to the same comprehensive collection of
information that, until 2007, was published in the Federal Register but
now is only available through an online database.
``Regulatory Flexibility Agenda'' refers to a document that
contains information about regulations that may have a significant
impact on a substantial number of small entities. We continue to
publish it in the Federal Register because it is required by the
Regulatory Flexibility Act of 1980.
``Unified Regulatory Agenda'' refers to the collection of all
agencies' agendas with an introduction prepared by the Regulatory
Information Service Center facilitated by the General Service
Administration.
``Regulatory Agenda Preamble'' refers to the document you are
reading now. It appears as part of the Regulatory Flexibility Agenda
and introduces both the Regulatory Flexibility Agenda and the e-Agenda.
``Regulatory Development and Retrospective Review Tracker'' refers
to an online portal to EPA's priority rules and retrospective reviews
of existing regulations. More information about the Regulatory
Development and Retrospective Review Tracker appears in section H of
this preamble.
FOR FURTHER INFORMATION CONTACT: If you have questions or comments
about a particular action, please get in touch with the agency contact
listed in each agenda entry. If you have general questions about the
semiannual regulatory agenda, please contact: Caryn Muellerleile
([email protected]; 202-564-2855).
Table of Contents
A. Links to EPA's Regulatory Information
B. What key statutes and executive orders guide EPA's rule and
policymaking process?
C. How can you be involved in EPA's rule and policymaking process?
D. What actions are included in the e-Agenda and the Regulatory
Agenda?
E. How is the e-Agenda organized?
F. What information is in the Regulatory Flexibility Agenda and the
e-Agenda?
G. How can you find out about rulemakings that start up after the
Regulatory Agenda is signed?
H. What tools are available for mining Regulatory Agenda data and
for finding more about EPA rules and policies?
I. Reviews of Rules With Significant Impacts on a Substantial Number
of Small Entities
J. What other special attention does EPA give to the impacts of
rules on small businesses, small governments, and small nonprofit
organizations?
K. Thank You for Collaborating With Us
SUPPLEMENTARY INFORMATION:
A. Links to EPA's Regulatory Information
Semiannual Regulatory Agenda: www.reginfo.gov/and
www.regulations.gov.
Semiannual Regulatory Flexibility Agenda: http://www.gpo.gov/fdsys/search/home.action.
Regulatory Development and Retrospective Review Tracker:
www.epa.gov/regdarrt/.
B. What key statutes and executive orders guide epa's rule and
policymaking process?
A number of environmental laws authorize EPA's actions, including
but not limited to:
Clean Air Act (CAA),
Clean Water Act (CWA),
Comprehensive Environmental Response, Compensation and
Liability Act (CERCLA, or Superfund),
Emergency Planning and Community Right-to-Know Act
(EPCRA),
Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA),
Resource Conservation and Recovery Act (RCRA),
Safe Drinking Water Act (SDWA), and
Toxic Substances Control Act (TSCA).
Not only must EPA comply with environmental laws, but also
administrative legal requirements that apply to the issuance of
regulations, such as: the Administrative Procedure Act (APA), the
Regulatory Flexibility Act (RFA) as amended by the Small Business
Regulatory Enforcement Fairness Act (SBREFA), the Unfunded Mandates
Reform Act (UMRA), the Paperwork Reduction Act (PRA), the National
Technology Transfer and Advancement Act (NTTAA), and the Congressional
Review Act (CRA).
EPA also meets a number of requirements contained in numerous
Executive Orders: 12866, ``Regulatory Planning and Review'' (58 FR
51735, Oct. 4, 1993), as supplemented by Executive Order 13563,
``Improving Regulation and Regulatory Review'' (76 FR 3821, Jan. 21,
2011); 12898, ``Environmental Justice'' (59 FR 7629, Feb. 16, 1994);
13045, ``Children's Health Protection'' (62 FR 19885, Apr. 23, 1997);
13132, ``Federalism'' (64 FR 43255, Aug. 10, 1999); 13175,
``Consultation and Coordination with Indian Tribal Governments'' (65 FR
67249, Nov. 9, 2000); 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001).
In addition to meeting its mission goals and priorities as
described above, EPA has begun reviewing its existing regulations under
Executive Order (EO) 13563, ``Improving Regulation and Regulatory
Review.'' This EO provides for periodic retrospective review of
existing significant regulations and is intended to determine whether
any such regulations should be modified, streamlined, expanded, or
repealed, so as to make the Agency's regulatory program more effective
or less burdensome in achieving the regulatory objectives. More
information about this review is described in EPA's Statement of
Priorities in the Regulatory Plan.
C. How can you be involved in EPA's rule and policymaking process?
You can make your voice heard by getting in touch with the contact
person provided in each agenda entry. EPA encourages you to participate
as early in the process as possible. You may also participate by
commenting on proposed rules published in the Federal Register (FR).
Instructions on how to submit your comments are provided in each
Notice of Proposed Rulemaking (NPRM). To be most effective, comments
should contain information and data that support your position and you
also should explain why EPA should incorporate your suggestion in the
rule or other type of action. You can be
[[Page 1217]]
particularly helpful and persuasive if you provide examples to
illustrate your concerns and offer specific alternatives.
EPA believes its actions will be more cost effective and protective
if the development process includes stakeholders working with us to
help identify the most practical and effective solutions to problems.
EPA encourages you to become involved in its rule and policymaking
process. For more information about public involvement in EPA
activities, please visit www.epa.gov/open.
D. What actions are included in the e-Agenda and the regulatory
flexibility agenda?
EPA includes regulations and certain major policy documents in the
e-Agenda. However, there is no legal significance to the omission of an
item from the agenda, and EPA generally does not include the following
categories of actions:
Administrative actions such as delegations of authority,
changes of address, or phone numbers;
Under the CAA: Revisions to state implementation plans;
equivalent methods for ambient air quality monitoring; deletions from
the new source performance standards source categories list;
delegations of authority to states; area designations for air quality
planning purposes;
Under FIFRA: Registration-related decisions, actions
affecting the status of currently registered pesticides, and data call-
ins;
Under the Federal Food, Drug, and Cosmetic Act: Actions
regarding pesticide tolerances and food additive regulations;
Under RCRA: Authorization of State solid waste management
plans; hazardous waste delisting petitions;
Under the CWA: State Water Quality Standards; deletions
from the section 307(a) list of toxic pollutants; suspensions of toxic
testing requirements under the National Pollutant Discharge Elimination
System (NPDES); delegations of NPDES authority to States;
Under SDWA: Actions on State underground injection control
programs.
The Regulatory Flexibility Agenda includes:
Actions likely to have a significant economic impact on a
substantial number of small entities.
Rules the Agency has identified for periodic review under
section 610 of the RFA.
EPA is opening one 610 review and concluding one other in fall
2013. One 610 review remains ongoing during this time.
E. How is the E-Agenda organized?
You can choose how to organize the agenda entries online by
specifying the characteristics of the entries of interest in the
desired individual data fields for both the www.reginfo.gov and
www.regulations.gov versions of the e-Agenda. You can sort based on the
following characteristics: EPA sub agency; stage of rulemaking, which
is explained below; alphabetically by title; and by the Regulation
Identifier Number (RIN), which is assigned sequentially when an action
is added to the agenda.
Each entry in the Agenda is associated with one of five rulemaking
stages. The rulemaking stages are:
1. Prerule Stage--This section includes EPA actions generally
intended to determine whether the agency should initiate rulemaking.
Prerulemakings may include anything that influences or leads to
rulemaking, such as Advance Notices of Proposed Rulemaking (ANPRMs),
studies or analyses of the possible need for regulatory action.
2. Proposed Rule Stage--This section includes EPA rulemaking
actions that are within a year of proposal (publication of Notices of
Proposed Rulemakings [NPRMs]).
3. Final Rule Stage--This section includes rules that will be
issued as a final rule within a year.
4. Long-Term Actions--This section includes rulemakings for which
the next scheduled regulatory action is after December 2012. We urge
you to explore becoming involved even if an action is listed in the
Long-Term category. By the time an action is listed in the Proposed
Rules category you may have missed the opportunity to participate in
certain public meetings or policy dialogues.
5. Completed Actions--This section contains actions that have been
promulgated and published in the Federal Register since publication of
the spring 2013 Agenda. It also includes actions that EPA is no longer
considering and has elected to ``withdraw.'' EPA also announces the
results of any RFA section 610 review in this section of the agenda.
F. What information is in the Regulatory Flexibility Agenda and the e-
Agenda?
The Regulatory Flexibility Agenda entries include only the nine
categories of information that are required by the Regulatory
Flexibility Act of 1980 and by Federal Register Agenda printing
requirements: Sequence Number, RIN, Title, Description, Statutory
Authority, Section 610 Review, if applicable, Regulatory Flexibility
Analysis Required, Schedule and Contact Person. Note that the
electronic version of the Agenda (E-Agenda) has more extensive
information on each of these actions.
E-Agenda entries include:
Title: a brief description of the subject of the regulation. The
notation ``Section 610 Review'' follows the title if we are reviewing
the rule as part of our periodic review of existing rules under section
610 of the RFA (5 U.S.C. 610).
Priority: Entries are placed into one of five categories described
below.
a. Economically Significant: Under Executive Order 12866, a
rulemaking that may have an annual effect on the economy of $100
million or more, or adversely affect in a material way the economy, a
sector of the economy, productivity, competition, jobs, the
environment, public health or safety, or State, local, or tribal
governments or communities.
b. Other Significant: A rulemaking that is not economically
significant but is considered significant for other reasons. This
category includes rules that may:
1. Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
2. Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs, or the rights and obligations of
recipients; or
3. Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles in Executive
Order 12866.
c. Substantive, Nonsignificant: A rulemaking that has substantive
impacts but is not Significant, Routine and Frequent, or Informational/
Administrative/Other.
d. Routine and Frequent: A rulemaking that is a specific case of a
recurring application of a regulatory program in the Code of Federal
Regulations (e.g., certain State Implementation Plans, National
Priority List updates, Significant New Use Rules, State Hazardous Waste
Management Program actions, and Tolerance Exemptions). If an action
that would normally be classified Routine and Frequent is reviewed by
the Office of Management and Budget under EO 12866, then we would
classify the action as either ``Economically Significant'' or ``Other
Significant.''
e. Informational/Administrative/Other: An action that is primarily
informational or pertains to an action outside the scope of EO 12866.
Major: a rule is ``major'' under 5 U.S.C. 801 (Pub. L. 104-121) if
it has resulted or is likely to result in an annual effect on the
economy of $100
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million or more or meets other criteria specified in that Act.
Unfunded Mandates: whether the rule is covered by section 202 of
the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4). The Act
requires that, before issuing an NPRM likely to result in a mandate
that may result in expenditures by State, local, and tribal
governments, in the aggregate, or by the private sector of more than
$100 million in 1 year.
Legal Authority: The sections of the United States Code (U.S.C.),
Public Law (Pub. L.), Executive Order (EO), or common name of the law
that authorizes the regulatory action.
CFR Citation: The sections of the Code of Federal Regulations that
would be affected by the action.
Legal Deadline: An indication of whether the rule is subject to a
statutory or judicial deadline, the date of that deadline, and whether
the deadline pertains to a Notice of Proposed Rulemaking, a Final
Action, or some other action.
Abstract: A brief description of the problem the action will
address.
Timetable: the dates and citations (if available) for all past
steps and a projected date for at least the next step for the
regulatory action. A date displayed in the form 06/00/14 means the
agency is predicting the month and year the action will take place but
not the day it will occur. For some entries, the timetable indicates
that the date of the next action is ``to be determined.''
Regulatory Flexibility Analysis Required: Indicates whether EPA has
prepared or anticipates that it will be preparing a regulatory
flexibility analysis under section 603 or 604 of the RFA. Generally,
such an analysis is required for proposed or final rules subject to the
RFA that EPA believes may have a significant economic impact on a
substantial number of small entities.
Small Entities Affected: Indicates whether the rule is anticipated
to have any effect on small businesses, small governments or small
nonprofit organizations.
Government Levels Affected: Indicates whether the rule may have any
effect on levels of government and, if so, whether the governments are
State, local, tribal, or Federal.
Federalism Implications: Indicates whether the action is expected
to have substantial direct effects on the States, on the relationship
between the National Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
Energy Impacts: Indicates whether the action is a significant
energy action under Executive Order 13211.
Sectors Affected: Indicates the main economic sectors regulated by
the action. The regulated parties are identified by their North
American Industry Classification System (NAICS) codes. These codes were
created by the Census Bureau for collecting, analyzing, and publishing
statistical data on the U.S. economy. There are more than 1,000 NAICS
codes for sectors in agriculture, mining, manufacturing, services, and
public administration.
International Trade Impacts: Indicates whether the action is likely
to have international trade or investment effects, or otherwise be of
international interest.
Agency Contact: The name, address, phone number, and email address,
if available, of a person who is knowledgeable about the regulation.
Additional Information: Other information about the action
including docket information.
URLs: For some actions, the Internet addresses are included for
reading copies of rulemaking documents, submitting comments on
proposals, and getting more information about the rulemaking and the
program of which it is a part. (Note: To submit comments on proposals,
you can go to the associated electronic docket, which is housed at
www.regulations.gov. Once there, follow the online instructions to
access the docket in question and submit comments. A docket
identification [ID] number will assist in the search for materials.)
RIN: The Regulation Identifier Number is used by OMB to identify
and track rulemakings. The first four digits of the RIN identify the
EPA office with lead responsibility for developing the action.
G. How can you find out about rulemakings that start up after the
Regulatory Agenda is signed?
EPA posts monthly information of new rulemakings that the Agency's
senior managers have decided to develop. This list is also distributed
via email. You can find the current list, known as the Action
Initiation List (AIL), at http://www2.epa.gov/laws-regulations/actions-initiated-month where you will also find information about how to get
an email notification when a new list is posted.
H. What tools are available for mining Regulatory Agenda data and for
finding more about EPA rules and policies?
1. The http://www.reginfo.gov/ Searchable Database
2. The Regulatory Information Service Center and Office of
Information and Regulatory Affairs have a Federal regulatory dashboard
that allows users to view the Regulatory Agenda database (http://www.reginfo.gov/public/do/eAgendaMain), which includes search, display,
and data transmission options. Subject Matter EPA Web sites
Some actions listed in the Agenda include a URL that provides
additional information about the action.
3. Public Dockets
When EPA publishes either an Advance Notice of Proposed Rulemaking
(ANPRM) or a Notice of Proposed Rulemaking (NPRM) in the Federal
Register, the Agency typically establishes a docket to accumulate
materials throughout the development process for that rulemaking. The
docket serves as the repository for the collection of documents or
information related to a particular Agency action or activity. EPA most
commonly uses dockets for rulemaking actions, but dockets may also be
used for RFA section 610 reviews of rules with significant economic
impacts on a substantial number of small entities and for various non-
rulemaking activities, such as Federal Register documents seeking
public comments on draft guidance, policy statements, information
collection requests under the PRA, and other non-rule activities.
Docket information should be in that action's agenda entry. All of
EPA's public dockets can be located at www.regulations.gov.
4. EPA's Regulatory Development and Retrospective Review Tracker
EPA's Regulatory Development and Retrospective Review Tracker
(www.epa.gov/regdarrt/) serves as a portal to EPA's priority rules,
providing you with earlier and more frequently updated information
about Agency regulations than is provided by the Regulatory Agenda. It
also provides information about retrospective reviews of existing
regulations. Not all of EPA's Regulatory Agenda entries appear on Reg
DaRRT; only priority rulemakings can be found on this Web site.
I. Reviews of Rules With Significant Impacts on a Substantial Number of
Small Entities
Section 610 of the RFA requires that an agency review, within 10
years of promulgation, each rule that has or will have a significant
economic impact on a substantial number of small entities. EPA is
opening one 610 review and concluding one other in fall 2013. One 610
review remains ongoing during this time.
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Review Title RIN Docket ID No.
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Section 610 Review of Control of 2060-AR91.................. EPA-HQ-OAR-2013-0642
Emissions of Air Pollution from Nonroad
Diesel Engines and Fuel.
Section 610 Review of National Pollutant 2040-AF46.................. EPA-HQ-OW-2012-0813
Discharge Elimination System Permit
Regulation and Effluent Limitations
Guidelines Standards for Concentrated
Animal Feeding Operations.
Section 610 Review of Heavy-Duty Engine 2060-AR83.................. EPA-HQ-OAR-2012-0313
and Vehicle Standards and Highway
Diesel Fuel Sulfur Control Requirements
(Completed).
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EPA established an official public dockets for each 610 Review
under the docket identification (ID) numbers indicated above. All
documents in the dockets are listed on the www.regulations.gov Web
site. Although listed in the index, some information is not publicly
available; e.g., confidential business information (CBI) or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either electronically through
www.regulations.gov or in hard copy at the Air or Water dockets, EPA/
DC, EPA West, Room 3334, 1301 Constitution Avenue NW., Washington, DC
20460. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal holidays. The telephone number
for the Public Reading Room is (202) 566-1744.
J. What other special attention does EPA give to the impacts of rules
on small businesses, small governments, and small nonprofit
organizations?
For each of EPA's rulemakings, consideration is given whether there
will be any adverse impact on any small entity. EPA attempts to fit the
regulatory requirements, to the extent feasible, to the scale of the
businesses, organizations, and governmental jurisdictions subject to
the regulation.
Under RFA as amended by SBREFA, the Agency must prepare a formal
analysis of the potential negative impacts on small entities, convene a
Small Business Advocacy Review Panel (proposed rule stage), and prepare
a Small Entity Compliance Guide (final rule stage) unless the Agency
certifies a rule will not have a significant economic impact on a
substantial number of small entities. For more detailed information
about the Agency's policy and practice with respect to implementing
RFA/SBREFA, please visit the RFA/SBREFA Web site at http://www.epa.gov/sbrefa/.
K. Thank You for Collaborating With Us
Finally, we would like to thank those of you who choose to join
with us in making progress on the complex issues involved in protecting
human health and the environment. Collaborative efforts such as EPA's
open rulemaking process are a valuable tool for addressing the problems
we face, and the regulatory agenda is an important part of that
process.
Dated: August 28, 2013.
Shannon Kenny,
Principal Deputy Associate Administrator, Office of Policy.
10--Prerule Stage
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Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
385....................... Section 610 Review of 2060-AR91
Control of Emissions of
Air Pollution from
Nonroad Diesel Engines
and Fuel (Section 610
Review).
------------------------------------------------------------------------
10--Proposed Rule Stage
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Regulation
Sequence No. Title Identifier No.
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386....................... SAN No. 5367 National 2060-AP69
Emission Standards for
Hazardous Air Pollutants
(NESHAP): Brick and
Structural Clay Products
Manufacturing and Clay
Ceramics Manufacturing.
387....................... Standards of Performance 2060-AP93
for New Residential Wood
Heaters, New Residential
Hydronic Heaters and
Forced-Air Furnaces, and
New Residential Masonry
Heaters.
388....................... General Permits and 2060-AR98
Permits by Rule for the
Tribal Minor New Source
Review Program.
------------------------------------------------------------------------
10--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
389....................... Control of Air Pollution 2060-AQ86
From Motor Vehicles: Tier
3 Motor Vehicle Emission
and Fuel Standards (Reg
Plan Seq No. 130).
------------------------------------------------------------------------
References in boldface appear in The Regulatory Plan in part II of this
issue of the Federal Register.
[[Page 1220]]
10--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
390....................... Section 610 Review of 2060-AR83
Heavy-Duty Engine and
Vehicle Standards and
Highway Diesel Fuel
Sulfur Control
Requirements (Completion
of a Section 610 Review).
------------------------------------------------------------------------
35--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
391....................... Formaldehyde Emissions 2070-AJ92
Standards for Composite
Wood Products (Reg Plan
Seq No. 133).
------------------------------------------------------------------------
References in boldface appear in The Regulatory Plan in part II of this
issue of the Federal Register.
60--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
392....................... Financial Responsibility 2050-AG61
Requirements under CERCLA
Section 108(b) for
Classes of Facilities in
the Hard Rock Mining
Industry.
------------------------------------------------------------------------
70--Prerule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
393....................... Section 610 Review of 2040-AF46
National Pollutant
Discharge Elimination
System Permit Regulation
and Effluent Limitations
Guidelines Standards for
Concentrated Animal
Feeding Operations
(Section 610 Review).
------------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY (EPA)
10
Prerule Stage
385. Section 610 Review of Control of Emissions of Air
Pollution From Nonroad Diesel Engines and Fuel (Section 610 Review)
Legal Authority: 5 U.S.C. 610
Abstract: The rulemaking ``Control of Emissions of Air Pollution
From Nonroad Diesel Engines and Fuel'' was finalized by EPA in June
2004 (69 FR 38958, June 29, 2004). This program set new emission
standards for nonroad diesel engines, and fuel standards requiring
sulfur reductions in nonroad diesel fuel. EPA developed a Small Entity
Compliance Guide, which provides descriptions of the regulations and
small entity provisions, Q&As, and other helpful compliance
information. This new entry in the regulatory agenda announces that EPA
will review this action pursuant to section 610 of the Regulatory
Flexibility Act (5 U.S.C. 610) to determine if the provisions that
could affect small entities should be continued without change, or
should be rescinded or amended to minimize adverse economic impacts on
small entities. As part of this review, EPA will consider and solicit
comments on the following factors: (1) The continued need for the rule;
(2) the nature of complaints or comments received from the public
concerning the rule; (3) the complexity of the rule; (4) the extent to
which the rule overlaps, duplicates, or conflicts with other Federal,
State, or local government rules; and (5) the degree to which the
technology, economic conditions or other factors have changed in the
area affected by the rule. Comments must be received within 60 days of
this notice. In submitting comments, please reference Docket ID EPA-HQ-
OAR-2013-0642 and follow the instructions provided in the preamble to
this issue of the Regulatory Agenda. This docket can be accessed at
www.regulations.gov.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Final Rule.......................... 06/29/04 69 FR 38958
Begin Review........................ 11/00/13 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Agency Contact: Tom Eagles, Environmental Protection Agency, Air
and Radiation, 6103A, Washington, DC 20460, Phone: 202 564-1952, Fax:
202 564-1554, Email: [email protected].
RIN: 2060-AR91
ENVIRONMENTAL PROTECTION AGENCY (EPA)
10
Proposed Rule Stage
386. National Emission Standards for Hazardous Air Pollutants (NESHAP):
Brick and Structural Clay Products Manufacturing and Clay Ceramics
Manufacturing
Legal Authority: Clean Air Act
Abstract: This rulemaking will establish emission limits for
hazardous air pollutants (hydrogen flouride (HF), hydrogen chloride
(HCl) and metals) emitted from brick and clay ceramics kilns, as well
as dryers and glazing operations at clay ceramics production
facilities. The brick and structural clay products industry primarily
includes facilities that manufacture brick, clay, pipe, roof tile,
extruded floor and wall tile, and other extruded dimensional clay
products from clay, shale, or a combination of the two. The
manufacturing of brick and structural clay products involves mining,
raw material processing (crushing, grinding, and screening), mixing,
forming, cutting or shaping, drying, and firing. Ceramics are defined
as a class of inorganic, nonmetallic solids that are subject to high
temperature in manufacture and/or use. The clay ceramics manufacturing
source category includes facilities that
[[Page 1221]]
manufacture traditional ceramics, which include ceramic tile,
dinnerware, sanitary ware, pottery, and porcelain. The primary raw
material used in the manufacture of these traditional ceramics is clay.
The manufacturing of clay ceramics involves raw material processing
(crushing, grinding, and screening), mixing, forming, shaping, drying,
glazing, and firing.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 02/00/14 .......................
Final Rule.......................... 12/00/14 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Jeff Telander, Environmental Protection Agency, Air
and Radiation, D243-02, Research Triangle Park, NC 27711, Phone: 919
541-5427, Fax: 919 541-5600, Email: [email protected].
Keith Barnett, Environmental Protection Agency, Air and Radiation,
D243-04, Research Triangle Park, NC 27711, Phone: 919 541-5605, Fax:
919 541-5450, Email: [email protected].
RIN: 2060-AP69
387. Standards of Performance for New Residential Wood Heaters, New
Residential Hydronic Heaters and Forced-Air Furnaces, and New
Residential Masonry Heaters
Legal Authority: CAA Section 111(b)(1)(B)
Abstract: EPA is revising the New Source Performance Standards
(NSPS) for new residential wood heaters. This action is necessary
because it updates the 1988 NSPS to reflect significant advancements in
wood heater technologies and design, broadens the range of residential
wood-heating appliances covered by the regulation, and improves and
streamlines implementation procedures. This rule is expected to require
manufacturers to redesign wood heaters to be cleaner and lower
emitting. In general, the design changes would also make the heaters
perform better and be more efficient. The revisions are also expected
to streamline the process for testing new model lines by allowing the
use of International Standards Organization (ISO)-accredited
laboratories and certifying bodies, which will expand the number of
facilities that can be used for testing and certification of the new
model lines. This action is expected to include the following new
residential wood-heating appliances: adjustable burn rate wood heaters,
pellet stoves, single burn rate wood heaters, outdoor hydronic heaters
(outdoor wood boilers), indoor hydronic heaters (indoor wood boilers),
wood-fired forced air furnaces, and masonry heaters. These standards
would apply only to new residential wood heaters and not to existing
residential wood-heating appliances.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/00/13
Final Rule.......................... 11/00/14
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Gil Wood, Environmental Protection Agency, Air and
Radiation, C404-05, Research Triangle Park, NC 27711, Phone: 919 541-
5272, Fax: 919 541-0242, Email: [email protected].
David Cole, Environmental Protection Agency, Air and Radiation,
C404-05, Research Triangle Park, NC 27711, Phone: 919 541-5565, Fax:
919 541-0242, Email: [email protected].
RIN: 2060-AP93
388. General Permits and Permits by Rule for the Tribal Minor
New Source Review Program
Legal Authority: 42 U.S.C. 7401 et seq.
Abstract: The Tribal Minor New Source Review (NSR) program applies
to new and modified minor sources and minor modifications at major
sources of air pollution in Indian country. The program, established in
2011, is implemented through issuance of preconstruction permits that
can include, among other requirements, pollutant emission limits for
minor sources and emission limitations on the potential of sources to
emit pollution that would otherwise be considered major sources. This
minor source program for Indian country is similar to state minor NSR
programs. State minor NSR programs often use general permits and
permits by rule as streamlined permitting approaches for similar
emission units or stationary sources. This action provides general
permits and permits by rule for certain source categories of minor
sources wishing to locate in Indian country. This action proposes
general permits for boilers and engines; and permits by rule (and
general permits in the alternative) for printing operations (including
degreasing and solvent cleaning); stone quarrying and processing;
concrete batch plants and saw mills.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 01/00/14
Final Rule.......................... 09/00/14
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Chris Stoneman, Environmental Protection Agency,
Air and Radiation, C304-01, Research Triangle Park, NC 27711, Phone:
919 541-0823, Fax: 919 541-0072, Email: [email protected].
Mark Sendzik, Environmental Protection Agency, Air and Radiation,
C-304.03, Research Triangle Park, NC 27711, Phone: 919 541-5534, Fax:
919 541-0942, Email: [email protected].
RIN: 2060-AR98
ENVIRONMENTAL PROTECTION AGENCY (EPA)
10
Final Rule Stage
389. Control of Air Pollution From Motor Vehicles: Tier 3 Motor Vehicle
Emission and Fuel Standards
Regulatory Plan: This entry is Seq. No. 130 in part II of this
issue of the Federal Register.
RIN: 2060-AQ86
ENVIRONMENTAL PROTECTION AGENCY (EPA)
10
Completed Actions
390. Section 610 Review of Heavy-Duty Engine and Vehicle Standards and
Highway Diesel Fuel Sulfur Control Requirements (Completion of a
Section 610 Review)
Legal Authority: 5 U.S.C. 610
Abstract: On January 18, 2001, EPA established new exhaust emission
standards for heavy-duty highway engines and vehicles, and new quality
standards for highway diesel fuel (66 FR 5002). Pursuant to section 610
of the Regulatory Flexibility Act, on October 31, 2012, EPA initiated a
review of this rule to determine if the provisions as they relate to
small entities should be continued without change, or should be
rescinded or amended to minimize adverse economic impacts on small
entities (77 FR 65840). EPA has solicited comments on the following
factors: (1) The continued need for the rule; (2) the nature of
complaints or comments received from the public concerning the rule;
(3) the complexity of the rule; (4) the extent to which the rule
overlaps,
[[Page 1222]]
duplicates, or conflicts with other Federal, State, or local government
rules; and (5) the degree to which technology, economic conditions, or
other factors have changed in the area affected by the rule. The
current heavy-duty engine and fuel standards program provided
substantial flexibility for refiners, especially small refiners, and
for manufacturers of engines and vehicles, and does not warrant
revision at this time. See EPA's report summarizing the results of this
review in the docket EPA-HQ-OAR-2012-0313. This docket can be accessed
at www.regulations.gov.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Final Rule.......................... 01/18/01 66 FR 5002
Begin Review........................ 10/31/12 77 FR 65840
End Review.......................... 08/30/13
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Agency Contact: Tad Wysor, Environmental Protection Agency, Air and
Radiation, USEPA, Ann Arbor, MI 48105, Phone: 734 214-4332, Fax: 734
214-4816, Email: [email protected].
RIN: 2060-AR83
ENVIRONMENTAL PROTECTION AGENCY (EPA)
35
Final Rule Stage
391. Formaldehyde Emissions Standards for Composite Wood Products
Regulatory Plan: This entry is Seq. No. 133 in part II of this
issue of the Federal Register.
RIN: 2070-AJ92
ENVIRONMENTAL PROTECTION AGENCY (EPA)
60
Long-Term Actions
392. Financial Responsibility Requirements Under CERCLA Section 108(B)
for Classes of Facilities in the Hard Rock Mining Industry
Legal Authority: 42 U.S.C. 9601 et seq.; 42 U.S.C. 9608 (b)
Abstract: Section 108(b) of the Comprehensive Environmental
Response, Compensation, and Liability Act (CERCLA) of 1980, as amended,
establishes certain authorities concerning financial responsibility
requirements. The Agency has identified classes of facilities within
the Hard Rock mining industry as those for which financial
responsibility requirements will be first developed. EPA intends to
include requirements for financial responsibility, as well as
notification and implementation.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Notice.............................. 07/28/09 74 FR 37213
NPRM................................ 08/00/16
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Ben Lesser, Environmental Protection Agency, Solid
Waste and Emergency Response, 5302P, Washington, DC 20460, Phone: 703
308-0314, Email: [email protected].
David Hockey, Environmental Protection Agency, Solid Waste and
Emergency Response, 5303P, Washington, DC 20460, Phone: 703 308-8846,
Email: [email protected].
RIN: 2050-AG61
ENVIRONMENTAL PROTECTION AGENCY (EPA)
70
Prerule Stage
393. Section 610 Review of National Pollutant Discharge Elimination
System Permit Regulation and Effluent Limitations Guidelines Standards
for Concentrated Animal Feeding Operations (Section 610 Review)
Legal Authority: 5 U.S.C. 610
Abstract: The EPA promulgated revised regulations for Concentrated
Animal Feeding Operations (CAFOs) on February 12, 2003 (68 FR 7175).
The ``2003 CAFO Rule'' expanded the number of operations covered by the
CAFO regulations and included requirements to address the land
application of manure from CAFOs. The 2003 CAFO Rule required all CAFOs
to seek NPDES permit coverage. The EPA developed a Final Regulatory
Flexibility Analysis (FRFA) for the 2003 CAFO Rule. The EPA took
several steps to minimize the impacts of the 2003 CAFO Rule on small
businesses, including regulatory revisions designed to focus on the
largest producers, eliminating the ``mixed'' animal calculation for
operations with more than a single animal type for determining which
Animal Feeding Operations (AFOs) are CAFOs, raising the duck threshold
for dry manure handling duck operations, and adopting a dry-litter
chicken threshold higher than proposed. There have been a number of
changes to the 2003 regulations due to court decisions based on legal
challenges to the rulemaking; however, this action only pertains to the
2003 rule. Pursuant to section 610 of the Regulatory Flexibility Act,
on October 31, 2012, the EPA initiated a review of the 2003 CAFO rule
to determine if the provisions as they relate to small entities should
be continued without change, or should be rescinded or amended to
minimize adverse economic impacts on small entities (77 FR 65840). The
EPA has solicited comments on, and will consider, the following
factors: (1) The continued need for the rule; (2) the nature of
complaints or comments received from the public concerning the rule;
(3) the complexity of the rule; (4) the extent to which the rule
overlaps, duplicates, or conflicts with other Federal, State, or local
Government rules; and (5) the degree to which technology, economic
conditions, or other factors have changed in the area affected by the
rule. After publication, the EPA received requests for additional time
to submit comments and extended the public comment period until March
1, 2013 (78 FR 277). The results of the EPA's review will be summarized
in a report and placed in the rulemaking docket at the conclusion of
this review. This review's Docket ID number is EPA-HQ-OW-2012-0813; the
docket can be accessed at www.regulations.gov.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Final Rule.......................... 02/12/03 68 FR 7176
Begin Review........................ 10/31/12 77 FR 65840
Comment Period Extended............. 01/03/13 78 FR 277
End Review.......................... 11/00/13
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Agency Contact: Hema Subramanian, Environmental Protection Agency,
Water, 4203M, Washington, DC 20460, Phone: 202 564-5041, Fax: 202 564-
6384, Email: [email protected].
RIN: 2040-AF46
[FR Doc. 2013-29640 Filed 1-6-14; 8:45 am]
BILLING CODE 6560-50-P