[Federal Register Volume 78, Number 5 (Tuesday, January 8, 2013)]
[Unknown Section]
[Pages 1624-1631]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-31502]
[[Page 1623]]
Vol. 78
Tuesday,
No. 5
January 8, 2013
Part XV
Environmental Protection Agency
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Semiannual Regulatory Agenda
Federal Register / Vol. 78 , No. 5 / Tuesday, January 8, 2013 /
Unified Agenda
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Ch. I
[EPA-HQ-OA-2012-0077; FRL-9744-8]
Fall 2012 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 policy
makings completed or canceled since the publication of 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.
``Regulatory Agenda Preamble'' refers to the document you are
reading now. It appears as part of the Regulatory Flexibility Agenda
and introduces both the Regulatory Flexibility Agenda and the e-Agenda.
``Regulatory Development and Retrospective Review Tracker'' refers
to an online portal to EPA's priority rules and retrospective reviews
of existing regulations. More information about the Regulatory
Development and Retrospective Review Tracker appears in section H of
this preamble.
FOR FURTHER INFORMATION CONTACT: If you have questions or comments
about a particular action, please get in touch with the agency contact
listed in each agenda entry. If you have general questions about the
semiannual regulatory agenda, please contact: Caryn Muellerleile
(muellerleile.caryn@epa.gov; 202-564-2855) or Amy Cole
(cole.amy@epa.gov; 202-564-6535).
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 (EO) 13563,
``Improving Regulation and Regulatory Review'' (76 FR 3821, Jan. 21,
2011); 12898, ``Federal Actions to Address Environmental Justice in
Minority Populations and Low-income Populations'' (59 FR 7629, Feb. 16,
1994); 13045, ``Protection of Children from Environmental Health Risks
and Safety Risks'' (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 is reviewing its existing regulations under EO
13563. 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
Advanced Notice of Proposed Rulemaking (ANPRM) and 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
nonregulatory action. You can be
[[Page 1625]]
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.
Democracy gives real power to individual citizens, but with that power
comes responsibility. 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;
Under TSCA: New chemical-related decisions; actions
implementing the TSCA Interagency Testing Committee decisions; actions
affecting extensions for submitting test data.
The Regulatory Flexibility Agenda includes:
Actions likely to have a significant economic impact on a
substantial number of small entities.
E. How is the e-Agenda organized?
You can now choose how both the www.reginfo.gov and
www.regulations.gov versions of the e-Agenda are organized. Current
choices include: 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.
Stages of rulemaking include:
1. Active--Actions may be in the Prerule, Proposed Rule, or Final
Rule stage of the ``Active'' rules section. Prerule actions are
generally intended to determine whether EPA should initiate rulemaking.
They 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, requests for public comment
on the need for regulatory action, or important preregulatory policy
proposals. Proposed Rules are EPA rulemaking actions that are within a
year of proposal, or the publication of Notices of Proposed Rulemakings
(NPRMs), in the Federal Register. Final Rules are those rules that will
be issued as a final rule within a year.
2. Long-Term Actions--This section includes rulemakings for which
the next scheduled regulatory action is after December 2013. 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.
3. Completed Actions--This section contains actions that have been
promulgated and published in the Federal Register since publication of
the previous Semiannual Agenda. It also includes actions that EPA is no
longer considering and has elected to ``withdraw.''
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 (eAgenda) has more extensive
information on each of these actions.
e-Agenda entries include:
Title: Titles for new entries (those that have not appeared in
previous agendas) are preceded by a bullet () The notation
``Section 610 Review'' follows the title if we are reviewing the rule
as part of our periodic review of existing rules under section 610 of
the RFA (5 U.S.C. 610).
Priority: Entries are placed into one of five categories described
below. OMB reviews all significant rules including both of the first
two categories, ``economically significant'' and ``other significant.''
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.
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Also, if a rule may be ``Major'' as defined in the Congressional
Review Act (5 U.S.C. 801, et seq.) because it is likely to result in an
annual effect on the economy of $100 million or more or meets other
criteria specified in this law, it appears under the ``Priority''
heading with the statement ``Major under 5 U.S.C. 801.''
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) that documents for this action
were published in the Federal Register and, where possible, a projected
date for the next step. Projected publication dates frequently change
during the course of developing an action. The projections in the
agenda are best estimates as of the date we submit the agenda for
publication. For some entries, the timetable indicates that the date of
the next action is ``to be determined.''
Regulatory Flexibility Analysis Required: Indicates whether EPA has
prepared or anticipates that it will be preparing a regulatory
flexibility analysis under 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.
Unfunded Mandates: Section 202 of UMRA generally requires an
assessment of anticipated costs and benefits if a rule includes a
mandate that may result in expenditures of more than $100 million in
any one year by State, local, and tribal governments, in the aggregate,
or by the private sector. If it is anticipated to exceed this $100
million threshold, we note it in this section.
Energy Impacts: Indicates whether the action is a significant
energy action under EO 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://www.epa.gov/lawsregs/regulations/ail.html where you will also find information about how to get an email
notification when a new list is posted. If you would like to regularly
receive information about the rules newly approved for development,
sign up for our monthly Action Initiation List by going to http://www.epa.gov/lawsregs/regulations/ail.html#notification and completing
the steps listed there.
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 powerful search, display, and
data transmission options. At that site you can:
a. See the preamble. At the URL listed above for the Unified Agenda
and Regulatory Plan, find ``Current Agenda Agency Preambles.''
Environmental Protection Agency is listed alphabetically under ``Other
Executive Agencies.''
b. Get a complete list of EPA's entries in the current edition of
the Agenda. Use the drop-down menu in the ``Select Agency'' box to find
Environmental Protection Agency and ``Submit.''
c. View the contents of all of EPA's entries in the current edition
of the Agenda. Choose ``Search'' from the ``Unified Agenda'' selection
in the toolbar at the top of the page. Within the ``Search of Agenda/
Regulatory Plan'' screen, open ``Advanced Search,'' then ``Continue.''
Select ``Environmental Protection Agency'' and ``Continue.'' Select
``Search,'' then ``View All RIN Data (Max 350).''
d. Get a listing of entries with specified characteristics. Follow
the procedure described immediately above for viewing the contents of
all entries, but on the screen entitled ``Advanced Search--Select
Additional Fields,'' choose the characteristics you are seeking before
``Search.'' For example, if you wish to see a listing of all
economically significant actions that may have a significant economic
impact on a substantial number of small businesses, you would check
``Economically Significant'' under ``Priority'' and ``Business'' under
``Regulatory Flexibility Analysis Required.''
e. Download the results of your searches in XML format.
[[Page 1627]]
2. Subject Matter EPA Web Sites
Some actions listed in the Agenda include a URL that provides
additional information.
3. Public Dockets
When EPA publishes either an ANPRM or a 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. You can
track progress on various aspects of EPA's priority rulemakings by
signing up for RSS feeds from the Regulatory Development and
Retrospective Review Tracker at http://yosemite.epa.gov/opei/RuleGate.nsf/content/getalerts.html?opendocument.
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. On October
31, 2012, EPA published in the Federal Register a notice announcing the
review of three past rulemakings:
Heavy-Duty Engine and Vehicle Standards and Highway Diesel
Fuel Sulfur Control Requirements
National Pollutant Discharge Elimination System Permit
Regulation and Effluent Limitations Guidelines Standards for
Concentrated Animal Feeding Operations
Review of National Emissions Standards for Hazardous Air
Pollutants (NESHAP): Reinforced Plastic Composites Production
To comment or learn more about these retrospective reviews of
agency rulemakings under section 610 of the RFA, see: http://www.epa.gov/sbrefa/section-610.html.
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: October 22, 2012.
Shannon Kenny,
Acting Principal Deputy Associate Administrator, Office of Policy.
10--Proposed Rule Stage
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Regulation Identifier
Sequence No. Title No.
------------------------------------------------------------------------
372.................... Revision of New Source 2060-AP93
Performance Standards
for New Residential
Wood Heaters.
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10--Long-Term Actions
------------------------------------------------------------------------
Regulation Identifier
Sequence No. Title No.
------------------------------------------------------------------------
373.................... National Emission 2060-AQ90
Standards for
Hazardous Air
Pollutants (NESHAP)
Risk and Technology
Review (RTR) for the
Mineral Wool and Wool
Fiberglass Industries.
------------------------------------------------------------------------
35--Prerule Stage
------------------------------------------------------------------------
Regulation Identifier
Sequence No. Title No.
------------------------------------------------------------------------
374.................... Lead; Renovation, 2070-AJ56
Repair, and Painting
Program for Public and
Commercial Buildings.
------------------------------------------------------------------------
[[Page 1628]]
35--Proposed Rule Stage
------------------------------------------------------------------------
Regulation Identifier
Sequence No. Title No.
------------------------------------------------------------------------
375.................... Formaldehyde; Third- 2070-AJ44
Party Certification
Framework for the
Formaldehyde Standards
for Composite Wood
Products (Reg Plan Seq
No. 84).
376.................... Formaldehyde Emissions 2070-AJ92
Standards for
Composite Wood
Products (Reg Plan Seq
No. 85).
------------------------------------------------------------------------
References in boldface appear in The Regulatory Plan in part II of this
issue of the Federal Register.
60--Long-Term Actions
------------------------------------------------------------------------
Regulation Identifier
Sequence No. Title No.
------------------------------------------------------------------------
377.................... Financial 2050-AG61
Responsibility
Requirements Under
CERCLA Section 108(b)
for Classes of
Facilities in the Hard
Rock Mining Industry.
------------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY (EPA)
10
Proposed Rule Stage
372. Revision of New Source Performance Standards for New Residential
Wood Heaters
Legal Authority: CAA sec 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
--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................................ 06/00/13 .......................
Final Rule.......................... 03/00/14 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Gil Wood, Environmental Protection Agency, Air and
Radiation, C404-05, Research Triangle Park, NC 27711, Phone: 919 541-
5272, Fax: 919 541-0242, Email: wood.gil@epa.gov.
David Cole, Environmental Protection Agency, Air and Radiation,
C404-05, Research Triangle Park, NC 27711, Phone: 919 541-5565, Fax:
919 541-0242, Email: cole.david@epa.gov.
RIN: 2060-AP93
ENVIRONMENTAL PROTECTION AGENCY (EPA)
10
Long-Term Actions
373. National Emission Standards for Hazardous Air Pollutants (NESHAP)
Risk and Technology Review (RTR) for the Mineral Wool and Wool
Fiberglass Industries
Legal Authority: 42 U.S.C. 7401
Abstract: The Maximum Achievable Control Technology (MACT) standard
for Mineral Wool Production was promulgated on June 1, 1999, and the
MACT for Wool Fiberglass Production was promulgated on June 14, 1999.
The Clean Air Act requires EPA to evaluate the risk remaining to human
health within eight years of promulgation of each MACT standard; for
these regulations, that date expired in June 2007. Along with risk, the
EPA is also required to review new technology in the industry that can
reduce hazardous air pollutant (HAP) emissions from regulated sources
in the industry, and may consider costs under this technology review.
EPA is addressing these Clean Air Act requirements under a combined
risk and technology review (RTR). EPA was petitioned to review the risk
for these source categories, and also to determine MACT floors for
pollutants and processes that were not regulated by the MACT standards.
The court entered into an agreement with EPA and the litigants, and the
resulting deadline for proposal and promulgation of these RTRs is
November 4, 2011, and November 30, 2012, respectively. In addition, EPA
will be preparing to regulate wool fiberglass area sources under a new
NESHAP, expected to be proposed March 15, 2013.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 11/25/11 76 FR 72770
Notice.............................. 12/20/11 76 FR 78872
Notice.............................. 01/23/12 77 FR 3223
Final Rule.......................... 01/00/14 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Susan Fairchild, Environmental Protection Agency,
Air and Radiation, D-243-04, Research Triangle Park, NC 27711, Phone:
919 541-5167, Fax: 919 541-5450, Email:
fairchild.susan@epamail.epa.gov.
Keith Barnett, Environmental Protection Agency, Air and Radiation,
D243-04, Research Triangle Park, NC 27711, Phone: 919 541-5605, Fax:
919 541-5450, Email: barnett.keith@epa.gov.
RIN: 2060-AQ90
[[Page 1629]]
ENVIRONMENTAL PROTECTION AGENCY (EPA)
35
Prerule Stage
374. Lead; Renovation, Repair, and Painting Program for Public and
Commercial Buildings
Legal Authority: 15 U.S.C. 2682(c)(3)
Abstract: Section 402(c)(3) of the Toxic Substances Control Act
(TSCA) requires EPA to regulate renovation or remodeling activities
that create lead-based paint hazards in target housing (most pre-1978
housing), pre-1978 public buildings, and commercial buildings. In a
2008 rule, EPA addressed lead-based paint hazards created by these
activities in target housing and child-occupied facilities built before
1978 (child-occupied facilities are a subset of public and commercial
buildings or facilities where children under age 6 spend a great deal
of time). The 2008 rule established requirements for training
renovators, other renovation workers, and dust sampling technicians;
for certifying renovators, dust sampling technicians, and renovation
firms; for accrediting providers of renovation and dust sampling
technician training; for renovation work practices; and for
recordkeeping. The current rulemaking effort will address renovation or
remodeling activities in the remaining buildings described in TSCA
section 402(c)(3); i.e., public buildings built before 1978 and
commercial buildings that are not child-occupied facilities. In 2010,
EPA issued an Advanced Notice of Proposed Rulemaking (ANPRM) that
solicited public comment on lead-safe work practices and other
requirements EPA should consider for renovations on the exteriors of
public and commercial buildings and whether lead-based paint hazards
are created by interior renovation, repair, and painting projects in
public and commercial buildings. EPA is currently developing a proposal
to address lead-based paint hazards that may be created by renovations
on the exterior or in the interiors of public and commercial buildings.
As part of a settlement agreement reached in 2009 and most recently
amended in September 2012, EPA will hold a public meeting in 2013 to
discuss the issues under consideration for this rulemaking. In
addition, after considering the information it gathers and its related
analyses, EPA has agreed to either sign a proposed rule covering
renovation, repair, and painting activities in public and commercial
buildings, or determine that these activities do not create lead-based
paint hazards by July 1, 2015. If EPA issues a proposed rule, EPA has
further agreed to take final action on or before the date 18 months
after the proposal is published.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
ANPRM............................... 05/06/10 75 FR 24848
Notice (Request Information)........ 01/00/13
Notice (Public Meeting)............. 06/00/13
NPRM................................ 07/00/15
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Hans Scheifele, Environmental Protection Agency,
Office of Chemical Safety and Pollution Prevention, 7404T, Washington,
DC 20460, Phone: 202 564-3122, Email: scheifele.hans@epa.gov.
Cindy Wheeler, Environmental Protection Agency, Office of Chemical
Safety and Pollution Prevention, 7404T, Washington, DC 20460, Phone:
202 566-0484, Email: wheeler.cindy@epa.gov.
RIN: 2070-AJ56
ENVIRONMENTAL PROTECTION AGENCY (EPA)
35
Proposed Rule Stage
375. Formaldehyde; Third-Party Certification Framework for the
Formaldehyde Standards for Composite Wood Products
Regulatory Plan: This entry is Seq. No. 84 in part II of this issue
of the Federal Register.
RIN: 2070-AJ44
376. Formaldehyde Emissions Standards for Composite Wood Products
Regulatory Plan: This entry is Seq. No. 85 in part II of this issue
of the Federal Register.
RIN: 2070-AJ92
ENVIRONMENTAL PROTECTION AGENCY (EPA)
60
Long-Term Actions
377. 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. This provision authorizes regulation to require business
operators to have some financial mechanisms in place--such as a bond or
insurance policy--that can provide funds to clean or avert spills of
hazardous substances without burdening taxpayers. 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................................ 05/00/14
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Ben Lesser, Environmental Protection Agency, Solid
Waste and Emergency Response, 5302P, Washington, DC 20460, Phone: 703
308-0314, Email: lesser.ben@epa.gov.
David Hockey, Environmental Protection Agency, Solid Waste and
Emergency Response, 5303P, Washington, DC 20460, Phone: 703 308-8846,
Email: hockey.david@epa.gov.
RIN: 2050-AG61
[FR Doc. 2012-31502 Filed 1-7-13; 8:45 am]
BILLING CODE 6560-50-P