[Federal Register Volume 80, Number 240 (Tuesday, December 15, 2015)]
[Unknown Section]
[Pages 78024-78030]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-30656]
[[Page 78023]]
Vol. 80
Tuesday,
No. 240
December 15, 2015
Part XVII
Environmental Protection Agency
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Semiannual Regulatory Agenda
Federal Register / Vol. 80 , No. 240 / Tuesday, December 15, 2015 /
Unified Agenda
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Ch. I
[EPA-HQ-OW-2015-0541; FRL 9934-65-OP]
Fall 2015 Regulatory Agenda
AGENCY: Environmental Protection Agency.
ACTION: Semiannual regulatory flexibility agenda and semiannual
regulatory agenda.
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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 currently under development,
Reviews of existing regulations, and
Rules completed or canceled since the last agenda.
Definitions
``E-Agenda,'' ``online regulatory agenda,'' and ``semiannual
regulatory agenda'' all refer to the same comprehensive collection of
information that, until 2007, was published in the Federal Register but
now is only available through an online database.
``Regulatory Flexibility Agenda'' refers to a document that
contains information about regulations that may have a significant
impact on a substantial number of small entities. We continue to
publish it in the Federal Register because it is required by the
Regulatory Flexibility Act of 1980.
``Unified Regulatory Agenda'' refers to the collection of all
agencies' agendas with an introduction prepared by the Regulatory
Information Service Center facilitated by the General Service
Administration.
``Regulatory Agenda Preamble'' refers to the document you are
reading now. It appears as part of the Regulatory Flexibility Agenda
and introduces both the Regulatory Flexibility Agenda and the e-Agenda.
``Regulatory Development and Retrospective Review Tracker'' refers
to an online portal to EPA's priority rules and retrospective reviews
of existing regulations. More information about the Regulatory
Development and Retrospective Review Tracker appears in section H of
this preamble.
FOR FURTHER INFORMATION CONTACT: If you have questions or comments
about a particular action, please get in touch with the agency contact
listed in each agenda entry. If you have general questions about the
semiannual regulatory agenda, please contact: Caryn Muellerleile
([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, EPA
reviews its existing regulations under Executive Order 13563,
``Improving Regulation and Regulatory Review.'' This Executive order
provides for periodic retrospective review of existing regulations and
is intended to determine whether any such regulations should be
modified, streamlined, expanded, or repealed, so as to make the
Agency's regulatory program more effective or less burdensome in
achieving its regulatory objectives.
C. How can you be involved in EPA's rule and policymaking process?
You can make your voice heard by getting in touch with the contact
person provided in each agenda entry. EPA encourages you to participate
as early in the process as possible. You may also participate by
commenting on proposed rules published in the Federal Register (FR).
Instructions on how to submit your comments are provided in each
Notice of Proposed Rulemaking (NPRM). To be most effective, comments
should contain information and data that support your position and you
also should explain why EPA should incorporate your suggestion in the
rule or other type of action. You can be particularly helpful and
persuasive if you provide examples to illustrate your concerns and
offer specific alternatives.
EPA believes its actions will be more cost effective and protective
if the
[[Page 78025]]
development process includes stakeholders working with us to help
identify the most practical and effective solutions to problems. EPA
encourages you to become involved in its rule and policymaking process.
For more information about public involvement in EPA activities, please
visit www2.epa.gov/open.
D. What actions are included in the E-Agenda and the Regulatory
Flexibility Agenda?
EPA includes regulations 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.
Meanwhile, the Regulatory Flexibility Agenda includes:
Actions likely to have a significant economic impact on a
substantial number of small entities.
Rules the Agency has identified for periodic review under
section 610 of the RFA.
EPA is initiating one 610 review at this time.
E. How is the E-Agenda organized?
You can choose how to organize the agenda entries online by
specifying the characteristics of the entries of interest in the
desired individual data fields for both the www.reginfo.gov and
www.regulations.gov versions of the e-Agenda. You can sort based on the
following characteristics: EPA subagency; stage of rulemaking, which is
explained below; alphabetically by title; and by the Regulation
Identifier Number (RIN), which is assigned sequentially when an action
is added to the agenda.
Each entry in the Agenda is associated with one of five rulemaking
stages. The rulemaking stages are:
1. Prerule Stage--This section includes EPA actions generally
intended to determine whether the agency should initiate rulemaking.
Prerulemakings may include anything that influences or leads to
rulemaking, such as Advance Notices of Proposed Rulemaking (ANPRMs),
studies, or analyses of the possible need for regulatory action.
2. Proposed Rule Stage--This section includes EPA rulemaking
actions that are within a year of proposal (publication of Notices of
Proposed Rulemakings [NPRMs]).
3. Final Rule Stage--This section includes rules that will be
issued as a final rule within a year.
4. Long-Term Actions--This section includes rulemakings for which
the next scheduled regulatory action is after November 2016. We urge
you to explore becoming involved even if an action is listed in the
Long-Term category.
5. Completed Actions--This section contains actions that have been
promulgated and published in the Federal Register since publication of
the spring 2015 Agenda. It also includes actions that EPA is no longer
considering and has elected to ``withdraw.'' EPA also announces the
results of any RFA section 610 review in this section of the agenda.
F. What information is in the Regulatory Flexibility Agenda and the E-
Agenda?
The Regulatory Flexibility Agenda entries include only the nine
categories of information that are required by the Regulatory
Flexibility Act of 1980 and by Federal Register Agenda printing
requirements: Sequence Number, RIN, Title, Description, Statutory
Authority, Section 610 Review, if applicable, Regulatory Flexibility
Analysis Required, Schedule, and Contact Person. Note that the
electronic version of the Agenda (e-Agenda) has more extensive
information on each of these actions.
E-Agenda entries include:
Title: A brief description of the subject of the regulation. The
notation ``Section 610 Review'' follows the title if we are reviewing
the rule as part of our periodic review of existing rules under section
610 of the RFA (5 U.S.C. 610).
Priority: Entries are placed into one of five categories described
below.
a. Economically Significant: Under Executive Order 12866, a
rulemaking that may have an annual effect on the economy of $100
million or more, or adversely affect in a material way the economy, a
sector of the economy, productivity, competition, jobs, the
environment, public health or safety, or State, local, or tribal
governments or communities.
b. Other Significant: A rulemaking that is not economically
significant but is considered significant for other reasons. This
category includes rules that may:
1. Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
2. Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs, or the rights and obligations of
recipients; or
3. Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles in Executive
Order 12866.
c. Substantive, Nonsignificant: A rulemaking that has substantive
impacts but is not Significant, Routine and Frequent, or Informational/
Administrative/Other.
d. Routine and Frequent: A rulemaking that is a specific case of a
recurring application of a regulatory program in the Code of Federal
Regulations (e.g., certain State Implementation Plans, National
Priority List updates, Significant New Use Rules, State Hazardous Waste
Management Program actions, and Tolerance Exemptions). If an action
that would normally be classified Routine and Frequent is reviewed by
the Office of Management and Budget under Executive Order 12866, then
we would classify the action as either ``Economically Significant'' or
``Other Significant.''
e. Informational/Administrative/Other: An action that is primarily
informational or pertains to an action outside the scope of Executive
Order 12866.
Major: A rule is ``major'' under 5 U.S.C. 801 if it has resulted or
is likely to result in an annual effect on the economy of $100 million
or more or meets other criteria specified in that Act.
Unfunded Mandates: Whether the rule is covered by section 202 of
the Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.). The Act
generally requires that federal agencies prepare a written statement,
including a cost-
[[Page 78026]]
benefit analysis, for each proposed and final rule with ``federal
mandates'' that may result in expenditures by State, local, and tribal
governments, in the aggregate, or by the private sector of more than
$100 million in 1 year.
Legal Authority: The sections of the United States Code (U.S.C.),
Public Law (Pub. L.), Executive Order (E.O.), or common name of the law
that authorizes the regulatory action
CFR Citation: The sections of the Code of Federal Regulations that
would be affected by the action.
Legal Deadline: An indication of whether the rule is subject to a
statutory or judicial deadline, the date of that deadline, and whether
the deadline pertains to a Notice of Proposed Rulemaking, a Final
Action, or some other action.
Abstract: A brief description of the problem the action will
address.
Timetable: The dates and citations (if available) for all past
steps and a projected date for at least the next step for the
regulatory action. A date displayed in the form 10/00/16 means the
agency is predicting the month and year the action will take place but
not the day it will occur. For some entries, the timetable indicates
that the date of the next action is ``to be determined.''
Regulatory Flexibility Analysis Required: Indicates whether EPA has
prepared or anticipates that it will be preparing a regulatory
flexibility analysis under section 603 or 604 of the RFA. Generally,
such an analysis is required for proposed or final rules subject to the
RFA that EPA believes may have a significant economic impact on a
substantial number of small entities.
Small Entities Affected: Indicates whether the rule is anticipated
to have any effect on small businesses, small governments, or small
nonprofit organizations.
Government Levels Affected: Indicates whether the rule may have any
effect on levels of government and, if so, whether the governments are
State, local, tribal, or Federal.
Federalism Implications: Indicates whether the action is expected
to have substantial direct effects on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
Energy Impacts: Indicates whether the action is a significant
energy action under Executive Order 13211.
Sectors Affected: Indicates the main economic sectors regulated by
the action. The regulated parties are identified by their North
American Industry Classification System (NAICS) codes. These codes were
created by the Census Bureau for collecting, analyzing, and publishing
statistical data on the U.S. economy. There are more than 1,000 NAICS
codes for sectors in agriculture, mining, manufacturing, services, and
public administration.
International Trade Impacts: Indicates whether the action is likely
to have international trade or investment effects, or otherwise be of
international interest.
Agency Contact: The name, address, phone number, and email address,
if available, of a person who is knowledgeable about the regulation.
Additional Information: Other information about the action
including docket information.
URLs: For some actions, the Internet addresses are included for
reading copies of rulemaking documents, submitting comments on
proposals, and getting more information about the rulemaking and the
program of which it is a part. (Note: To submit comments on proposals,
you can go to the associated electronic docket, which is housed at
www.regulations.gov. Once there, follow the online instructions to
access the docket in question and submit comments. A docket
identification [ID] number will assist in the search for materials.)
RIN: The Regulation Identifier Number is used by OMB to identify
and track rulemakings. The first four digits of the RIN identify the
EPA office with lead responsibility for developing the action.
G. How can you find out about rulemakings that start up after the
Regulatory Agenda is signed?
EPA posts monthly information of new rulemakings that the Agency's
senior managers have decided to develop. This list is also distributed
via email. You can find the current list, known as the Action
Initiation List (AIL), at http://www2.epa.gov/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
The Regulatory Information Service Center and Office of Information
and Regulatory Affairs have a Federal regulatory dashboard that allows
users to view the Regulatory Agenda database (http://www.reginfo.gov/public/do/eAgendaMain), which includes search, display, and data
transmission options.
2. Subject Matter EPA Web sites
Some actions listed in the Agenda include a URL that provides
additional information about the action.
3. Public Dockets
When EPA publishes either an Advance Notice of Proposed Rulemaking
(ANPRM) or a Notice of Proposed Rulemaking (NPRM) in the Federal
Register, the Agency typically establishes a docket to accumulate
materials throughout the development process for that rulemaking. The
docket serves as the repository for the collection of documents or
information related to a particular Agency action or activity. EPA most
commonly uses dockets for rulemaking actions, but dockets may also be
used for RFA section 610 reviews of rules with significant economic
impacts on a substantial number of small entities and for various non-
rulemaking activities, such as Federal Register documents seeking
public comments on draft guidance, policy statements, information
collection requests under the PRA, and other non-rule activities.
Docket information should be in that action's agenda entry. All of
EPA's public dockets can be located at www.regulations.gov.
4. EPA's Regulatory Development and Retrospective Review Tracker
EPA's Regulatory Development and Retrospective Review Tracker
(www.epa.gov/regdarrt/) serves as a portal to EPA's priority rules,
providing you with earlier and more frequently updated information
about Agency regulations than is provided by the Regulatory Agenda. It
also provides information about retrospective reviews of existing
regulations. Not all of EPA's Regulatory Agenda entries appear on Reg
DaRRT; only priority rulemakings can be found on this Web site.
I. Reviews of Rules With Significant Impacts on a Substantial Number of
Small Entities
Section 610 of the RFA requires that an agency review, within 10
years of promulgation, each rule that has or will have a significant
economic impact on a substantial number of small entities. EPA is
initiating one 610 review at this time.
[[Page 78027]]
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Review title RIN Docket ID #
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Section 610 Review of National 2040-AF58 EPA-HQ-OW-2015-054
Primary Drinking Water 1
Regulations: Ground Water Rule.
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EPA established an official public docket for the 610 Review. If
you would like to provide feedback, submit your comments, identified by
Docket ID No. EPA-HQ-OW-2015-0541, to the Federal eRulemaking Portal:
http://www.regulations.gov. Follow the online instructions for
submitting comments. Once submitted, comments cannot be edited or
withdrawn. The EPA may publish any comment received to its public
docket. Do not submit electronically any information you consider to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a written comment. The written
comment is considered the official comment and should include
discussion of all points you wish to make. The EPA generally will not
consider comments or comment contents located outside of the primary
submission (i.e. on the web, cloud, or other file sharing system). For
additional submission methods, the full EPA public comment policy,
information about CBI or multimedia submissions, and general guidance
on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
J. What other special attention does EPA give to the impacts of rules
on small businesses, small governments, and small nonprofit
organizations?
For each of EPA's rulemakings, consideration is given whether there
will be any adverse impact on any small entity. EPA attempts to fit the
regulatory requirements, to the extent feasible, to the scale of the
businesses, organizations, and governmental jurisdictions subject to
the regulation.
Under RFA as amended by SBREFA, the Agency must prepare a formal
analysis of the potential negative impacts on small entities, convene a
Small Business Advocacy Review Panel (proposed rule stage), and prepare
a Small Entity Compliance Guide (final rule stage) unless the Agency
certifies a rule will not have a significant economic impact on a
substantial number of small entities. For more detailed information
about the Agency's policy and practice with respect to implementing
RFA/SBREFA, please visit EPA's RFA/SBREFA Web site at http://www2.epa.gov/reg-flex.
K. Thank You for Collaborating With Us
Finally, we would like to thank those of you who choose to join
with us in making progress on the complex issues involved in protecting
human health and the environment. Collaborative efforts such as EPA's
open rulemaking process are a valuable tool for addressing the problems
we face, and the regulatory agenda is an important part of that
process.
Dated: September 21, 2015.
Shannon Kenny,
Principal Deputy Associate Administrator, Office of Policy.
10--Proposed Rule Stage
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Regulation
Sequence No. Title Identifier No.
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365....................... Oil and Natural Gas 2060-AS30
Sector: Emission
Standards for New and
Modified Sources (Reg
Plan Seq No. 105).
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References in boldface appear in The Regulatory Plan in part II of this
issue of the Federal Register.
10--Final Rule Stage
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Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
366....................... General Permits and 2060-AR98
Permits by Rule for the
Federal Minor New Source
Review Program in Indian
Country for Six Source
Categories.
367....................... Greenhouse Gas Emissions 2060-AS16
and Fuel Efficiency
Standards for Medium- and
Heavy-Duty Engines and
Vehicles--Phase 2 (Reg
Plan Seq No. 115).
------------------------------------------------------------------------
References in boldface appear in The Regulatory Plan in part II of this
issue of the Federal Register.
10--Long-Term Actions
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Regulation
Sequence No. Title Identifier No.
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368....................... Federal Plan Requirements 2060-AS78
for Greenhouse Gas
Emissions From Electric
Utility Generating Units
Constructed on or Before
January 8, 2014.
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10--Completed Actions
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Regulation
Sequence No. Title Identifier No.
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369....................... NESHAP for Brick and 2060-AP69
Structural Clay Products
Manufacturing and NESHAP
for Clay Ceramics
Manufacturing.
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[[Page 78028]]
35--Final Rule Stage
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Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
370....................... Formaldehyde Emission 2070-AJ44
Standards for Composite
Wood Products (Reg Plan
Seq No. 119).
------------------------------------------------------------------------
References in boldface appear in The Regulatory Plan in part II of this
issue of the Federal Register.
35--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
371....................... Formaldehyde Emissions 2070-AJ92
Standards for Composite
Wood Products.
------------------------------------------------------------------------
60--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
372....................... Financial Responsibility 2050-AG61
Requirements Under CERCLA
Section 108(b) for
Classes of Facilities in
the Hard Rock Mining
Industry (Reg Plan Seq
No. 111).
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References in boldface appear in The Regulatory Plan in part II of this
issue of the Federal Register.
72--Prerule Stage
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Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
373....................... Section 610 Review of 2040-AF58
National Primary Drinking
Water Regulations: Ground
Water Rule (Section 610
Review).
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ENVIRONMENTAL PROTECTION AGENCY (EPA)
10
Proposed Rule Stage
365. Oil and Natural Gas Sector: Emission Standards for New and
Modified Sources
Regulatory Plan: This entry is Seq. No. 105 in part II of this
issue of the Federal Register.
RIN: 2060-AS30
ENVIRONMENTAL PROTECTION AGENCY (EPA)
10
Final Rule Stage
366. General Permits and Permits by Rule for the Federal Minor New
Source Review Program in Indian Country for Six Source Categories
Legal Authority: 42 U.S.C. 7401 et seq. Clean Air Act
Abstract: The Tribal Minor New Source Review (NSR) program applies
to new and modified minor sources and minor modifications at major
sources of air pollution in Indian country. The program, established in
2011, is implemented through issuance of preconstruction permits that
can include, among other requirements, pollutant emission limits for
minor sources and emission limitations on the potential of sources to
emit pollution that would otherwise be considered major sources. This
minor source program for Indian country is similar to State minor NSR
programs. State minor NSR programs often use general permits, and a few
State programs allow permits by rule as streamlined permitting
approaches for similar emission units or stationary sources. This
action finalizes general permits and permits by rule for certain source
categories of minor sources wishing to locate in Indian country. This
action finalizes general permits for the following five source
categories: Boilers, spark ignition engines, compression ignition
engines, concrete batch plants, and sawmills. This action finalizes a
general permit (and a permit by rule in the alternative) for graphic
arts and printing operations.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 07/17/14 79 FR 41845
NPRM Comment Period Extended........ 08/19/14 79 FR 49031
Final Rule.......................... 01/00/16
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Chris Stoneman, Environmental Protection Agency,
Air and Radiation, C304-01, Research Triangle Park, NC 27711, Phone:
919 541-0823, Fax: 919 541-0072, Email: [email protected].
Mark Sendzik, Environmental Protection Agency, Air and Radiation,
C304-03, Research Triangle Park, NC 27711, Phone: 919 541-5534, Fax:
919 541-0942, Email: [email protected].
RIN: 2060-AR98
367. Greenhouse Gas Emissions and Fuel Efficiency Standards for Medium-
and Heavy-Duty Engines and Vehicles--Phase 2
Regulatory Plan: This entry is Seq. No. 115 in part II of this
issue of the Federal Register.
RIN: 2060-AS16
[[Page 78029]]
ENVIRONMENTAL PROTECTION AGENCY (EPA)
10
Long-Term Actions
368. Federal Plan Requirements for Greenhouse Gas Emissions
From Electric Utility Generating Units Constructed on or Before January
8, 2014
Legal Authority: 42 U.S.C. 7401 et seq. Clean Air Act
Abstract: The EPA is planning to finalize Federal plans for
Greenhouse Gas Emissions from Electric Generating Units for States that
do not submit plans or initial submittals by September 6, 2016. This
plan is part of the President's June 2013 Climate Action Plan to reduce
carbon emissions from the power sector by 30 percent below 2005 levels.
This Federal plan serves to set in place a plan that the EPA can
implement for States that do not develop a State plan. In a separate
action, the EPA is finalizing model trading rules that the States can
follow in developing their own plans in order to capitalize on the
flexibility built into the final emission guidelines (EGs). The EPA
intends to finalize both the rate-based and mass-based model trading
rules in summer 2016. The EPA sees this Federal plan as an interim
measure to ensure that congressionally mandated emission standards
under authority of sections 111 and 129 of the Clean Air Act are
implemented until States assume their role as the preferred
implementers of the EGs. The EPA will finalize a Federal plan for only
a given State in the event that the State does not submit an approvable
plan by the deadlines specified in the final EGs and the EPA takes
action finding that the State has failed to submit a plan, or
disapproving a submitted plan because it does not meet the requirements
of the EGs. Indeed, States may simply choose to accept a Federal plan
for their sources rather than undertake the development of a plan of
their own by not submitting a State plan. Under this final rule, a
Federal plan promulgated for a particular State would take the form of
either the mass-based model trading rule or the rate-based model
trading rule.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Final Rule.......................... To Be Determined
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Toni Jones, Environmental Protection Agency, Air
and Radiation, E143-03, Research Triangle Park, NC 27711, Phone: 919
541-0316, Fax: 919 541-3470, Email: [email protected].
Nicholas Swanson, Environmental Protection Agency, Air and
Radiation, E143-03, Research Triangle Park, NC 27711, Phone: 919 541-
4080, Fax: 919 541-1039, Email: [email protected].
RIN: 2060-AS78
ENVIRONMENTAL PROTECTION AGENCY (EPA)
10
Completed Actions
369. NESHAP for Brick and Structural Clay Products Manufacturing and
NESHAP for Clay Ceramics Manufacturing
Legal Authority: 42 U.S.C. 7401 et seq. Clean Air Act
Abstract: This final rulemaking establishes emission limits for
hazardous air pollutants (hydrogen flouride (HF), hydrogen chloride
(HCl), chlorine (Cl\2\), particulate matter (PM), dioxin/furan, mercury
(Hg) and metals) emitted from brick and clay ceramics kilns, as well as
dryers and glazing operations at clay ceramics production facilities.
The brick and structural clay products industry primarily includes
facilities that manufacture brick, clay, pipe, roof tile, extruded
floor and wall tile, and other extruded dimensional clay products from
clay, shale, or a combination of the two. The manufacturing of brick
and structural clay products involves mining, raw material processing
(crushing, grinding, and screening), mixing, forming, cutting or
shaping, drying, and firing. Ceramics are defined as a class of
inorganic, nonmetallic solids that are subject to high temperature in
manufacture and/or use. The clay ceramics manufacturing source category
includes facilities that manufacture traditional ceramics, which
include ceramic tile, dinnerware, sanitary ware, pottery, and
porcelain. The primary raw material used in the manufacture of these
traditional ceramics is clay. The manufacturing of clay ceramics
involves raw material processing (crushing, grinding, and screening),
mixing, forming, shaping, drying, glazing, and firing.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 12/18/14 79 FR 75621
NPRM Comment Period Extended........ 12/31/14 79 FR 78768
Final Rule.......................... 10/26/15 80 FR 65469
Final Rule Effective................ 12/28/15
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Sharon Nizich, Environmental Protection Agency, Air
and Radiation, D243, Research Triangle Park, NC 27711, Phone: 919 541-
2825, Fax: 919 541-5450, Email: [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
ENVIRONMENTAL PROTECTION AGENCY (EPA)
35
Final Rule Stage
370. Formaldehyde Emission Standards for Composite Wood Products
Regulatory Plan: This entry is Seq. No. 119 in part II of this
issue of the Federal Register.
RIN: 2070-AJ44
ENVIRONMENTAL PROTECTION AGENCY (EPA)
35
Completed Actions
371. Formaldehyde Emissions Standards for Composite Wood Products
Legal Authority: 15 U.S.C. 2697 Toxic Substances Control Act
Abstract: This entry addressed one of two rulemakings that have now
been combined into a single entry under RIN 2070-AJ44. As noted in the
previously published Regulatory Agenda entry for each rulemaking, EPA
has decided to issue a single final rule that addresses both of the
2013 proposals. Therefore, this action is being withdrawn as a separate
entry because it has been combined and is now included under the entry
entitled ``Formaldehyde Emissions Standards for Composite Wood Products
'' (RIN 2070-AJ44).
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 06/10/13 78 FR 34820
NPRM Comment Period Extended........ 07/23/13 78 FR 44089
[[Page 78030]]
NPRM Comment Period Extended........ 08/21/13 78 FR 51695
Notice.............................. 04/08/14 79 FR 19305
NPRM Comment Period Extended........ 05/09/14 79 FR 26678
Withdrawn........................... 08/20/15
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Cindy Wheeler, Environmental Protection Agency,
Office of Chemical Safety and Pollution Prevention, 7404T, Washington,
DC 20460, Phone: 202 566-0484, Email: [email protected].
Erik Winchester, Environmental Protection Agency, Office of
Chemical Safety and Pollution Prevention, 7404T, Washington, DC 20460,
Phone: 202 564-6450, Email: [email protected].
RIN: 2070-AJ92
ENVIRONMENTAL PROTECTION AGENCY (EPA)
60
Proposed Rule Stage
372. Financial Responsibility Requirements Under CERCLA Section 108(B)
for Classes of Facilities in the Hard Rock Mining Industry
Regulatory Plan: This entry is Seq. No. 111 in part II of this
issue of the Federal Register.
RIN: 2050-AG61
ENVIRONMENTAL PROTECTION AGENCY (EPA)
72
Prerule Stage
373. Section 610 Review of National Primary Drinking Water
Regulations: Ground Water Rule (Section 610 Review)
Legal Authority: 5 U.S.C. 610
Abstract: EPA published the Ground Water Rule (GWR) in the Federal
Register on November 8, 2006. The purpose of the rule is to provide for
increased protection against microbial pathogens in public water
systems that use ground water sources. EPA is particularly concerned
about ground water systems that are susceptible to fecal contamination
since disease-causing pathogens may be found in fecal contamination.
The GWR applies to public water systems that serve ground water. The
rule also applies to any system that mixes surface and ground water if
the ground water is added directly to the distribution system and
provided to consumers without treatment. This new entry in the
regulatory agenda announces that EPA will review this action in the
fall of 2015 pursuant to section 610 of the Regulatory Flexibility Act
(5 U.S.C. 610). As part of this review, EPA solicits comments for
consideration on the following factors: (1) The continued need for the
rule; (2) the nature of complaints or comments received concerning the
rule; (3) the complexity of the rule; (4) the extent to which the rule
overlaps, duplicates, or conflicts with other Federal, State, or local
government rules; and (5) the degree to which the technology, economic
conditions or other factors have changed in the area affected by the
rule. Submit your comments, identified by Docket ID No. EPA-HQ-OW-2015-
0541 to the Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Final Rule.......................... 11/08/06 71 FR 65573
Begin Review........................ 11/00/15
End Review.......................... 04/00/16
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Agency Contact: Crystal Rodgers-Jenkins, Environmental Protection
Agency, Water, 4607M, Washington, DC 20460, Phone: 202 564-5275, Fax:
202 564-3767, Email: [email protected].
Stephanie Flaharty, Environmental Protection Agency, Water, 4601M,
Washington, DC 20460, Phone: 202 564-5072, Email:
[email protected].
RIN: 2040-AF58
[FR Doc. 2015-30656 Filed 12-14-15; 8:45 am]
BILLING CODE 6560-50-P