[Federal Register Volume 74, Number 233 (Monday, December 7, 2009)]
[Unknown Section]
[Pages 64318-64339]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: X09-181207]


[[Page 64318]]




ENVIRONMENTAL PROTECTION AGENCY (EPA)



Statement of Priorities
OVERVIEW
Established in 1970, the Environmental Protection Agency is the primary 
federal agency responsible for protecting public health and the 
environment by improving air, land and water quality. EPA Administrator 
Lisa Jackson has embarked on an ambitious effort to restore momentum to 
EPA's core programs while also tackling emerging challenges such as 
climate change. Underlying this effort is the premise that 
environmental protection and economic growth are mutually achievable - 
that we can increase economic activity and create new jobs while we 
reduce harmful emissions and the dependence on polluting sources of 
energy. The Agency is dedicated to upholding the following values in 
its efforts to maintain the strongest level of environmental 
protection:
Scientific Integrity. The public health and environmental laws that 
Congress has enacted depend on rigorous adherence to the best available 
science. Scientific findings should be independent, using well-
established scientific methods, including peer review, to assure rigor, 
accuracy, and impartiality.
Following the Rule of Law. EPA recognizes that respect for 
Congressional mandates and judicial decisions is the hallmark of a 
principled regulatory agency. Where EPA exercises discretion, it must 
be conducted in good faith and in keeping with the directives of 
Congress and the courts.
Transparency. EPA will apply the principles of transparency and 
openness to the rulemaking process. Public trust in the Agency demands 
that EPA reach out to all stakeholders fairly and impartially, that EPA 
consider the views and data presented carefully and objectively, and 
that EPA fully disclose the information that forms the bases for our 
decisions.
Environmental Justice. For generations, pollution has been a 
disproportionate problem in low-income and minority communities, 
particularly for the children in those communities. EPA is initiating 
major improvements with outreach and interaction with those who have 
been historically underrepresented in agency decision making, including 
the disenfranchised in cities and rural areas, communities of color, 
native Americans, and people disproportionately impacted by pollution. 
EPA will identify, where possible, the public health or environmental 
impacts of policies, programs and activities on these communities and 
take action, as appropriate, to address such impacts.
The American Recovery and Reinvestment Act
Environmental protection and economic growth are complementary goals. 
With its partners, EPA is overseeing investment from the American 
Recovery and Reinvestment Act (ARRA) of 2009 in ``green jobs'' and a 
healthier environment. To reach this goal, $7.22 billion has been 
designated for projects and programs administered by EPA. To support a 
green economy and a green environment, EPA lends support to innovation, 
investment and technology in the following environmental areas:
 Water Infrastructure Improvements for Communities: $4 billion 
            for state clean water funding and $2 billion for state 
            drinking water funding. This new infusion of money will 
            help states and local government finance many of the 
            overdue improvements to public waters and wastewater 
            systems that are essential to protecting public health and 
            assuring good water quality. 20 percent of this funding 
            will be targeted towards green infrastructure, water and 
            energy efficiency, and environmentally innovative projects.
 Brownfield Restorations: $100 million for grants to clean up 
            and return former industrial and commercial sites to their 
            communities for productive use. $5 million dollars is set 
            aside for job training in the assessment and remediation of 
            these sites.
 Diesel Emissions Reductions: $300 million for grants and loans 
            to help regional, state and local governments, tribes, and 
            non-profit organizations with projects that reduce harmful 
            diesel emissions from vehicles like school buses, garbage 
            trucks, construction equipment, marine vessels, and 
            locomotives. Reducing emissions helps to reduce the risk of 
            asthma, respiratory illnesses and premature deaths.
 Accelerating Superfund Site Cleanups: $600 million for the 
            cleanup of hazardous wastes from sites. EPA will use this 
            funding to increase the pace of these cleanups already 
            underway, and return the sites to our communities for 
            productive use.
 Accelerating Leaking Underground Storage Tank Cleanups: $200 
            million for the cleanup of petroleum leaks that occurred 
            from underground storage tanks. There are approximately 
            100,000 sites eligible for cleanup where leaks threaten 
            soil or water quality or result in fire or explosion 
            hazards.
 Responsible Oversight: $20 million for the EPA Office of 
            Inspector General for audits, evaluations, investigations 
            and oversight of the Recovery Act funding to ensure that 
            every penny is spent on projects that benefit Americans.
EPA has a number of successes in fulfilling its obligations under the 
American Recovery and Reinvestment Act.
 In the first EPA-related award under the American Recovery and 
            Reinvestment Act, EPA devoted nearly $100 million in 
            environmental funding to be invested in Colorado. This 
            includes more than $65 million for improving drinking water 
            and wastewater infrastructure, $2.5 million for leaking 
            underground storage tanks and $2 million for revitalizing 
            Brownfield sites.
 In the single largest grant in its history, EPA awarded more 
            than $430 million to the State of New York for wastewater 
            infrastructure projects that will create thousands of jobs, 
            jumpstart local economies and protect human health and the 
            environment across the state. The state will use the 
            Recovery Act grant to provide money to municipal and county 
            governments and wastewater utilities for projects to 
            protect lakes, ponds and streams in communities across New 
            York.
 The Iron Mountain Mine Superfund site near Redding, 
            California, will receive between $10-25 million that will 
            make it possible to dredge, treat, and dispose of heavy-
            metal contaminated sediments in the Spring Creek Arm of the 
            Kewich Reservoir in 18 months, rather than three years.
EPA's portion of the ARRA will encourage further growth in a greener 
workforce by creating sustainable jobs that help produce cleaner 
drinking water, purer air, environmentally friendly urban and rural re-
development, and reduced greenhouse gases. For new information on the 
state-by-state distributions for EPA's ARRA funds, see http://
www.epa.gov/recovery.

[[Page 64319]]

HIGHLIGHTS OF EPA'S REGULATORY PLAN
In developing its agenda, five priorities form the core of EPA's 
regulatory focus:
Climate Change
In the U.S., energy-related activities account for three-quarters of 
human-generated greenhouse gas emissions, mostly in the form of carbon 
dioxide emissions from burning fossil fuels. More than half the energy-
related emissions come from large stationary sources such as power 
plants, while about a third comes from transportation. Industrial 
processes (such as the production of cement, steel, and aluminum), 
agriculture, forestry, other land use, and waste management are also 
important sources of greenhouse gas emissions in the United States. 
This year, EPA is taking the first Federal regulatory steps to address 
the problem of global climate change.
New Mandatory Greenhouse Gas Reporting. In the fall of 2009, EPA will 
publish a final rule requiring mandatory reporting of greenhouse gas 
emissions from targeted sectors of the economy. This rule, funds for 
which were designated by the FY2008 Consolidated Appropriations Act, 
establishes monitoring, reporting, and recordkeeping requirements on 
facilities that produce, import, or emit greenhouse gases above a 
specific threshold in order to provide comprehensive and accurate data 
to support a range of future climate policy options.
Recognition that Greenhouse Gases Pose a Danger to Public Health and 
Welfare. On April 24, 2009, the Administrator proposed Endangerment and 
Cause or Contribute Findings under section 202(a) of the Clean Air Act. 
This action, in response to a 2007 Supreme Court decision, proposed to 
find that the current and projected concentrations of the mix of six 
key greenhouse gases - carbon dioxide (CO2), methane (CH4), nitrous 
oxide (N2O), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), and 
sulfur hexafluoride (SF6) - in the atmosphere endanger the public 
health and welfare of current and future generations through climate 
change. As part of this action, the Administrator further proposed to 
find that the combined emissions of four of these six greenhouse gases 
from new motor vehicles and motor vehicle engines contribute to the 
atmospheric concentrations of these key greenhouse gases and hence to 
the threat of climate change.
Vehicle Emissions. In the fall of 2009, EPA will propose to set 
national emissions standards under section 202 (a) of the Clean Air Act 
to control greenhouse gas (GHG) emissions from passenger cars and 
light-duty trucks, and medium-duty passenger vehicles, as part of a 
joint rulemaking with National Highway Traffic and Safety 
Administration (NHTSA). This joint rulemaking effort was announced by 
President Obama on May 19, 2009. The GHG standards would significantly 
reduce the GHG emissions from these light-duty vehicles.
Renewable Fuels Standard. In May of 2009, EPA proposed a rule that will 
address climate change and energy security by increasing the nation's 
use of renewable fuels. This rulemaking implements provisions in Title 
II of the 2007 Energy Independence and Security Act (EISA) that amend 
Section 211(o) of the Clean Air Act. The amendments revise the National 
Renewable Fuels Standard Program in the United States, increasing the 
national requirement to a total of 36 billion gallons of total 
renewable fuel in 2022. The amendments also establish new eligibility 
requirements for meeting the renewable fuel standards, including the 
establishment of minimum lifecycle greenhouse gas reduction thresholds 
for the various categories of renewable fuels.
For more information about these regulatory actions, as well as 
information about other programs and activities related to climate 
change, please visit http://www.epa.gov/climatechange/ or http://
www.epa.gov/otaq/climate/regulations.htm.
Improving Air Quality
The U.S. continues to face serious air pollution challenges, with large 
areas of the country that still cannot meet federal air quality 
standards and many communities still facing health threats from 
exposure to toxics. While EPA has made tremendous progress toward 
achieving clean, healthy air that is safe to breathe, air pollution 
continues to be a great problem. The average adult breathes more than 
3000 gallons of air every day, and children breathe more air per pound 
of body weight. Air pollutants can remain in the environment for long 
periods of time and can be carried by the wind hundreds of miles from 
their origin.
Ambient Air Quality. This year's Regulatory Plan describes efforts to 
review the National Ambient Air Quality Standards (NAAQS) for oxides of 
nitrogen, oxides of sulfur, ozone, and particulates. The Clean Air Act 
requires EPA to review the NAAQS every 5 years for the primary (health-
based) and secondary (welfare-based) national ambient air quality 
standards (NAAQS) and, if appropriate, revise these standards. Each 
review consists of an exhaustive assessment of the current scientific 
evidence detailing the health and welfare effects of exposure to the 
pollutants, and a policy assessment of the policy implications of that 
evidence. Each review will conclude with the EPA Administrator either 
retaining or revising the standards, taking into consideration the 
views of independent scientists and the public.
Reducing Harmful Emissions from Power Plants. Under the federal 
structure set up by the Clean Air Act, it is the States who are 
primarily responsible for bringing about the pollutant emission 
reductions necessary to reach attainment with the NAAQS. However, EPA 
does help achieve these reductions through national programs requiring 
emission reductions from both mobile and stationary sources. This 
Regulatory Plan describes one particularly significant such program -- 
the Clean Air Transport Rule -- which employs a market-based ``cap and 
trade'' program to bring about broad reductions in sulfur dioxide and 
nitrogen oxides from power plants in the eastern half of the United 
States. This program is designed to reduce the amount of pollution that 
is transported by the wind over long distances. This transported 
pollution can be a large part of the total pollution in many eastern 
cities, and controlling it nationally is a crucial complement to the 
States' efforts to achieve clean air.
Cleaner Air from Improved Technology. EPA continues to address toxic 
air pollution under authority of the Clean Air Act Amendments of 1990. 
The centerpiece of this effort is the ``Maximum Achievable Control 
Technology'' (MACT) program, which requires that all major sources of a 
given type use emission controls that better reflect the current state 
of the art. One of these efforts is by setting standards for 
industrial, commercial, and institutional boilers and process heaters.
For more information about these regulatory actions, as well as 
information about other programs and activities related to air quality, 
please visit http://www.epa.gov/ttn/naaqs/.

[[Page 64320]]

Management of Chemical Risks
EPA's Administrator has highlighted the need to strengthen EPA's 
chemical management program as one of her priorities coming in to the 
Agency. As part of this process, the Agency is evaluating its existing 
chemicals program to determine how best to ramp up efforts to assess, 
prioritize and take risk management action on chemicals of concern. EPA 
intends to announce the specifics of this effort and will seek public 
input.
Protection from Lead During and After Renovation. EPA is continuing its 
efforts to implement the final Lead; Renovation, Repair, and Painting 
Program Rule that was issued in 2008. As part of these efforts, EPA 
will be developing revisions to the rule to address several issues 
raised in litigation, including the universe of housing where lead-safe 
work practices are required, the provision of additional information on 
renovation activities to owners and occupants, and possibly additional 
requirements to ensure that renovation work areas have been adequately 
cleaned after renovation work has been finished and before the areas 
are re-occupied.
For more information about these regulatory actions, as well as 
information about other programs and activities related to the 
management of chemical risks, please visit http://www.epa.gov/oppts/.
Cleaning up Hazardous Waste
EPA envisions communities where blighted properties are transformed 
into safe and productive parcels, and threats to human health are 
properly mitigated, leading to jobs and a reinvestment in land, 
communities, and citizens. EPA's Office of Solid Waste and Emergency 
Response (OSWER) contributes to the Agency's overall mission of 
protecting public health and the environment by focusing on, preparing 
for, preventing and responding to chemical and oil spills, accidents, 
and emergencies; enhancing homeland security; increasing the beneficial 
use and recycling of secondary materials, the safe management of wastes 
and cleaning up contaminated property and making it available for 
reuse. Several regulatory priorities for the upcoming fiscal year will 
promote stewardship and resource conservation and focus regulatory 
efforts on risk reduction and statutory compliance.
Spill Prevention Control, and Countermeasures. EPA is considering 
amending the Spill Prevention, Control, and Countermeasure (SPCC) Plan 
requirements issued on December 5, 2008 (73 FR 74236), based on 
comments received on a February 2009 notice. The rule, when finalized, 
will streamline and reduce the burden imposed on the regulated 
community for complying with these SPCC requirements, while maintaining 
protection of human health and the environment.
Financial Responsibility. Under Section 108(b) of the Comprehensive 
Environmental Response, Compensation, and Liability Act (CERCLA), EPA 
is to promulgate requirements that require certain classes of 
facilities to establish and maintain evidence of financial 
responsibility consistent with the degree and duration of risks from 
the production, treatment, and transportation, storage or disposal of 
CERCLA hazardous substances. Additionally, EPA is to publish a notice 
of the classes of facilities for which financial responsibility 
requirements will be first developed. To fulfill the notice 
requirement, EPA identified the certain classes of facilities within 
the hardrock mining industry as the classes of facilities for which the 
Agency will first develop financial responsibility requirements under 
CERCLA 108(b). In addition, the Agency plans to publish a notice by 
December 2009 in which it will identify other possible classes of 
facilities for which the Agency will consider developing financial 
responsibility requirements.
Protection from Inadequate Management of Coal Waste. Coal Combustion 
Residuals (CCRs) comprise one of the largest industrial waste streams. 
To protect the public from human health risks and to prevent 
environmental damage resulting from present disposal practices, EPA 
expects to propose a rule by December 2009 for the management of CCRs 
in landfills and surface impoundments. In developing the proposed rule, 

the Agency will consider comments it received on its August 2007 notice 
of data availability, plus any additional information that the Agency 
has collected or has been provided regarding the management of these 
residuals.
For more information about these regulatory actions, as well as 
information about other programs and activities related to hazardous 
waste, please visit http://www.epa.gov/oswer/.
Protecting America's Water
EPA will intensify its work to restore water quality protections in our 
nation's streams, rivers, lakes, bays, oceans and aquifers. EPA will 
make robust use of its authority to restore threatened treasures such 
as the Great Lakes and the Chesapeake Bay, address neglected urban 
rivers, strengthen drinking water safety programs, and reduce pollution 
from industrial and non-industrial discharges. Three regulatory 
priorities for the coming fiscal year will help achieve some of these 
goals.
Improving Water Quality. EPA plans to address challenging water quality 
problems in two rulemakings during Fiscal Year 2010. First, the Agency 
will publish final standards to address erosion and sediment discharges 
associated with construction and development activities. Later in the 
fiscal year, EPA plans to solicit comment on proposed standards for 
cooling water intakes for electric power plants and for other 
manufacturers who use large amounts of cooling water. The goal of the 
proposed rule will be to protect aquatic organisms from being killed or 
injured through impingement or entrainment.
For more information about these regulatory actions, as well as 
information about other programs and activities related to water, 
please visit http://www.epa.gov/ow/.
Aggregate Costs and Benefits
EPA has calculated a combined aggregate estimate of the costs and 
benefits of regulations included in the Regulatory Plan. For the fiscal 
year 2009, EPA has been able to gather sufficient data on seven of the 
twenty-two anticipated regulations to include them in an aggregate 
estimate. For the remaining actions, costs and benefits have not yet 
been calculated for various reasons. The regulations included in the 
aggregate estimate of costs and benefits are:
 Primary NAAQS for Nitrogen Dioxide (2060-AO19);
 Control of Emissions from New Marine Compression-Ignition 
            Engines (2060-AO38);
 EPA/NHTSA Joint Rulemaking for Light-Duty GHG Emission and 
            CAFE Standards (2060-AP58);
 Combined Rulemaking for Industrial, Commercial, and 
            Institutional Boilers and Process Heaters at Major Sources 
            of HAP and Industrial, Commercial, and Institutional 
            Boilers at Area Sources (2060-AM44);
 Revisions to the Spill Prevention, Control, and Countermeasure 
            (SPCC) Rule, 40 CFR 112 (2050-AG16);
 Standards for Cooling Water Intake Structures (2040-AE95); and

[[Page 64321]]

 Effluent Limitations Guidelines and Standards for the 
            Construction and Development (C&D) Point Source Category 
            (2040-AE91).
EPA obtained aggregate estimates of total costs and benefits assuming 
both a three percent discount rate and a seven percent discount rate. 
However, one of the regulations listed above (C&D) was not included in 
the seven percent aggregation due to lack of data. Given a three 
percent discount rate, benefits range from $114 billion to $360 billion 
while the costs range from $17 billion to $30 billion. With a seven 
percent discount rate, and omitting one rule, benefits range from $75 
billion to $305 billion. Costs with a seven percent discount rate range 
from $12 billion to $22 billion. In both cases, cost savings were 
treated as benefits, and all values are converted to 2008 dollars using 
a GDP deflator.
These results should be considered with caution. As with any aggregate 
estimate of total costs and benefits, these estimates must be highly 
qualified. First, there are significant gaps in data. In general, the 
benefits estimates reported above do not include values for benefits 
that have been quantified but not monetized and missing values for 
qualitative benefits, such as some human health benefits and ecosystem 
health improvements. Second, methodologies and types of costs/benefits 
considered are inconsistent, as are the units of analysis. Some of the 
costs/benefits are described as annualized values, while other values 
are specific to one year. Third, problems with aggregation can arise 
from differing baselines. Finally, the ranges presented do not reflect 
the full range of uncertainty in the benefit and cost estimates for 
these rules.
Rules Expected to Affect Small Entities
By better coordinating small business activities, EPA aims to improve 
its technical assistance and outreach efforts, minimize burdens to 
small businesses in its regulations, and simplify small businesses' 
participation in its voluntary programs. A number of rules included in 
this Plan might be of particular interest to small businesses 
including:
 Combined Rulemaking for Industrial, Commercial, and 
            Institutional Boilers and Process Heaters at Major Sources 
            of HAP and Industrial, Commercial, and Institutional 
            Boilers at Area Sources (2060-AM44);
 Renewable Fuel Standard Program (2060-AO810).
CONCLUSION
EPA's Regulatory Plan is an important element of the Agency's strategy 
for achieving environmental results within the framework described 
above. Taken as a whole, the Agency's Regulatory Plan will ensure that 
the Nation continues to achieve improvements in environmental quality 
while at the same time promoting economic growth.
_______________________________________________________________________



EPA

                              -----------

                             PRERULE STAGE

                              -----------




133.  LEAD; RENOVATION, REPAIR, AND PAINTING PROGRAM FOR PUBLIC 
AND COMMERCIAL BUILDINGS

Priority:


Economically Significant. Major status under 5 USC 801 is undetermined.


Unfunded Mandates:


Undetermined


Legal Authority:


15 USC 2682(c)(3)


CFR Citation:


40 CFR 745


Legal Deadline:


Other, Judicial, April 22, 2010, Advance Notice of Proposed Rulemaking.


NPRM, Judicial, December 15, 2011.


Final, Judicial, July 15, 2013.


Abstract:


Section 402(c)(3) of the Toxic Substances Control Act (TSCA) requires 
EPA to regulate renovation or remodeling activities in target housing 
(most pre-1978 housing), pre-1978 public buildings, and commercial 
buildings that create lead-based paint hazards. On April 22, 2008, EPA 
issued a final rule to address lead-based paint hazards created by 
these activities in target housing and child-occupied facilities built 
before 1978. In this rule, child-occupied facilities are a subset of 
public and commercial buildings or facilities where children under age 
6 spend a great deal of time. The 2008 rule established requirements 
for training renovators, other renovation workers, and dust sampling 
technicians; for certifying renovators, dust sampling technicians, and 
renovation firms; for accrediting providers of renovation and dust 
sampling technician training; for renovation work practices; and for 
recordkeeping. This new rulemaking will address renovation or 
remodeling activities in the remaining buildings described in TSCA 
section 402(c)(3): Public buildings built before 1978 and commercial 
buildings that are not child-occupied facilities.


Statement of Need:


Statutory requirement.


Summary of Legal Basis:


Section 402(c)(3) of the Toxic Substances Control Act (TSCA) requires 
EPA to regulate renovation or remodeling activities that create lead-
based paint hazards in target housing, which is defined by statute to 
cover most pre-1978 housing, public buildings built before 1978, and 
commercial buildings.


Alternatives:


Yet to be determined.


Anticipated Cost and Benefits:


Yet to be determined.


Risks:


Yet to be determined.


Timetable:
_______________________________________________________________________
Action                            Date                        FR Cite

_______________________________________________________________________
ANPRM                           04/00/10
NPRM                            12/00/11
Final Action                    07/00/13

Regulatory Flexibility Analysis Required:


Undetermined


Government Levels Affected:


Undetermined


Federalism:


 Undetermined


Additional Information:


SAN No. 5381; N/A


URL For More Information:
http://www.epa.gov/lead/pubs/renovation.htm

[[Page 64322]]

Agency Contact:
Hans Scheifele
Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7404T
Washington, DC 20460
Phone: 202 564-1459
Email: [email protected]

Cindy Wheeler
Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7404T
Washington, DC 20460
Phone: 202 566-0484
Fax: 202 566-0471
Email: [email protected]
RIN: 2070-AJ56
_______________________________________________________________________



EPA



134. CERCLA 108(B) FINANCIAL RESPONSIBILITY

Priority:


Other Significant


Legal Authority:


42 USC 9608 (b)


CFR Citation:


Not Yet Determined


Legal Deadline:


None


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 already identified classes of facilities 
within the hardrock mining industry as those for which financial 
responsibility requirements will be first developed. The Agency is 
currently examining the following classes of facilities for possible 
development of financial responsibility requirements under CERCLA 
Section 108(b): hazardous waste generators, hazardous waste recyclers, 
metal finishers, wood treatment facilities and chemical manufacturers. 
This list may be revised as the Agency's evaluation proceeds. EPA is 
scheduled to complete and publish in the Federal Register a notice 
identifying potential categories of facilities by December 2009.


Statement of Need:


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


Summary of Legal Basis:


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


Alternatives:


To be determined.


Anticipated Cost and Benefits:


To be determined.


Risks:


To be determined.


Timetable:
_______________________________________________________________________
Action                            Date                        FR Cite

_______________________________________________________________________
Priority Notice                 07/28/09                    74 FR 37213
FR Notice                       01/00/10

Regulatory Flexibility Analysis Required:


No


Small Entities Affected:


No


Government Levels Affected:


None


Additional Information:


SAN No. 5350; EPA publication information: Priority Notice - http://
www.epa.gov/fedrgstr/EPA-WASTE/2009/July/Day-28/f16819.pdf; EPA Docket 
information: EPA-HQ-SFUND-2009-0265


Agency Contact:
Ben Lesser
Environmental Protection Agency
Solid Waste and Emergency Response
5304P
Washington, DC 20460
Phone: 703 308-0314
Email: [email protected]

Elaine Eby
Environmental Protection Agency
Solid Waste and Emergency Response
5304P
Washington, DC 20460
Phone: 703 308-8449
Email: [email protected]
RIN: 2050-AG56
_______________________________________________________________________



EPA

                              -----------

                          PROPOSED RULE STAGE

                              -----------




135. COMBINED RULEMAKING FOR INDUSTRIAL, COMMERCIAL, AND INSTITUTIONAL 
BOILERS AND PROCESS HEATERS AT MAJOR SOURCES OF HAP AND INDUSTRIAL, 
COMMERCIAL, AND INSTITUTIONAL BOILERS AT AREA SOURCES

Priority:


Economically Significant. Major under 5 USC 801.


Unfunded Mandates:


This action may affect the private sector under PL 104-4.


Legal Authority:


Clean Air Act, sec 112


CFR Citation:


40 CFR 63


Legal Deadline:


NPRM, Judicial, April 15, 2010, A 60 day extension for proposal was 
granted on June 30, 2009.


Final, Judicial, December 16, 2010.


Abstract:


Section 112 of the Clean Air Act (CAA) outlines the statutory 
requirements for EPA's stationary source air toxics program. Section 
112 mandates that EPA develop standards for hazardous air pollutants 
(HAP) for both major and area sources listed under section 112(c). 
Section 112(k) requires development of standards for area sources which 
account for 90% of the emissions in urban areas of the 30 urban (HAP) 
listed in the Integrated Urban Air Toxics Strategy. These area source 
standards can require control levels which are equivalent to either 
maximum achievable control technology (MACT) or generally available 
control technology (GACT). The Integrated Air Toxics Strategy lists 
industrial boilers and commercial/institutional boilers as area source 
categories for regulation pursuant to section 112(c). Industrial 
boilers and institutional/commercial boilers are on the list of section 
112(c)(6) source categories. In this rulemaking, EPA will develop 
standards for these source categories.


Statement of Need:


As a result of the vacatur of the Industrial Boiler MACT, the Agency 
will develop another rulemaking under

[[Page 64323]]

CAA section 112 which will reduce hazardous air pollutant (HAP) 
emissions from this source category. Recent court decisions on other 
CAA section 112 rules will be considered in developing this regulation.


Summary of Legal Basis:


Clean Air Act, section 112.


Alternatives:


Not yet determined.


Anticipated Cost and Benefits:


Not yet determined.


Risks:


Not yet determined.


Timetable:
_______________________________________________________________________
Action                            Date                        FR Cite

_______________________________________________________________________
NPRM                            04/00/10
Final Action                    12/00/10

Regulatory Flexibility Analysis Required:


Yes


Small Entities Affected:


Businesses, Governmental Jurisdictions, Organizations


Government Levels Affected:


Local, State


Additional Information:


SAN No. 4884. This rulemaking combines the area source rulemaking for 
boilers and the rulemaking for re-establishing the vacated NESHAP for 
boilers and process heaters. EPA Docket information: EPA-HQ-OAR-2006-
0790


Agency Contact:
Jim Eddinger
Environmental Protection Agency
Air and Radiation
C439-01
Research Triangle Park, NC 27711
Phone: 919 541-5426
Email: [email protected]

Robert J. Wayland
Environmental Protection Agency
Air and Radiation
D243-01
RTP, NC 27711
Phone: 919 541-1045
Fax: 919 541-5450
Email: [email protected]
RIN: 2060-AM44
_______________________________________________________________________



EPA



136. REVIEW OF THE NATIONAL AMBIENT AIR QUALITY STANDARDS FOR 
PARTICULATE MATTER

Priority:


Economically Significant. Major under 5 USC 801.


Legal Authority:


42 USC 7408; 42 USC 7409


CFR Citation:


40 CFR 50


Legal Deadline:


None


Abstract:


Under the Clean Air Act, EPA is required to review and, if appropriate, 
revise the air quality criteria for the primary (health-based) and 
secondary (welfare-based) national ambient air quality standards 
(NAAQS) every 5 years. On October 17, 2006, EPA published a final rule 
to revise the primary and secondary NAAQS for particulate matter to 
provide increased protection of public health and welfare. With regard 
to the primary standard for fine particles (generally referring to 
particles less than or equal to 2.5 micrometers in diameter, PM2.5), 
EPA revised the level of the 24-hour PM2.5 standard to 35 micrograms 
per cubic meter (ug/m3) and retained the level of the annual PM2.5 
standard at 15 ug/m3. With regard to primary standards for particles 
generally less than or equal to 1 micrometers in diameter (PM10), EPA 
retained the 24-hour PM10 standard and revoked the annual PM10 
standard. With regard to secondary PM standards, EPA made them 
identical in all respects to the primary PM standards, as revised. EPA 
initiated the current review in 2007 with a workshop to discuss key 
policy-relevant issues around which EPA would structure the review. 
This review includes the preparation of an Integrated Science 
Assessment, Risk/Exposure Assessment, and a Policy Assessment Document 
by EPA, with opportunities for review by EPA's Clean Air Scientific 
Advisory Committee and the public. These documents inform the 
Administrator's decision as to whether to retain or revise the 
standards.


Statement of Need:


As established in the Clean Air Act, the national ambient air quality 
standards for particulate matter are to be reviewed every five years.


Summary of Legal Basis:


Section 109 of the Clean Air Act (42 USC 7409) directs the 
Administrator to propose and promulgate ``primary'' and ``secondary'' 
national ambient air quality standards for pollutants identified under 
section 108 (the ``criteria'' pollutants). The ``primary'' standards 
are established for the protection of public health, while 
``secondary'' standards are to protect against public welfare or 
ecosystem effects.


Alternatives:


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


Anticipated Cost and Benefits:


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


Risks:


During the course of this review, risk assessments will be conducted to 
evaluate health risks associated with retention or revision of the 
particulate matter standards.


Timetable:
_______________________________________________________________________
Action                            Date                        FR Cite

_______________________________________________________________________
NPRM                            11/00/10
Final Action                    07/00/11

Regulatory Flexibility Analysis Required:


No

[[Page 64324]]

Small Entities Affected:


No


Government Levels Affected:


Federal, Local, State, Tribal


Additional Information:


SAN No. 5169; ; EPA Docket information: EPA-HQ-OAR-2007-0492


URL For More Information:
www.epa.gov/air/particlepollution/

Agency Contact:
Beth Hassett-Sipple
Environmental Protection Agency
Air and Radiation
C504-06
Research Triangle Park, NC 27711
Phone: 919 541-4605
Fax: 919 541-0237
Email: [email protected]

Karen Martin
Environmental Protection Agency
Air and Radiation
C504-06
Research Triangle Park, NC 27711
Phone: 919 541-5274
Fax: 919 541-0237
Email: [email protected]
RIN: 2060-AO47
_______________________________________________________________________



EPA



137. REVIEW OF THE PRIMARY NATIONAL AMBIENT AIR QUALITY STANDARD FOR 
SULFUR DIOXIDE

Priority:


Economically Significant. Major under 5 USC 801.


Legal Authority:


42 USC 7408; 42 USC 7409


CFR Citation:


40 CFR 50


Legal Deadline:


NPRM, Judicial, November 16, 2009.


Final, Judicial, June 2, 2010.


Abstract:


Under the Clean Air Act, EPA is required to review and, if appropriate, 
revise the air quality criteria for the primary (health-based) and 
secondary (welfare-based) national ambient air quality standards 
(NAAQS) every 5 years. On May 22, 1996, EPA published a final decision 
that revisions of the primary and secondary NAAQS for Sulfur Dioxide 
(SO2) were not appropriate at that time, aside from several minor 
technical changes. That action provided the Administrator's final 
determination, after careful evaluation of comments received on the 
November 1994 proposal, that significant revisions to the primary and 
secondary NAAQS for SO2 would not be made at that time. In 2006, EPA's 
Office of Research and Development initiated the current periodic 
review of SO2 air quality criteria, the scientific basis for the NAAQS, 
with a call for information in the Federal Register. Subsequently, the 
decision was made to separate the reviews of the primary and secondary 
SO2 standards, and to combine the SO2 secondary-standard review with 
the secondary-standard review of Nitrogen Dioxide (NO2) due to their 
linkage in terms of effects and atmospheric chemistry. That joint 
review of the SO2 and NO2 secondary standards is part of a separate 
regulatory action described elsewhere in this Regulatory Plan under the 
identifying number (RIN) 2060-AO72. The regulatory action described 
here is for the Agency's review of the primary SO2 NAAQS. This review 
includes the preparation of an Integrated Science Assessment, Risk/
Exposure Assessment, and a Policy Assessment. These documents were 
reviewed by EPA's Clean Air Scientific Advisory Committee and the 
public. These documents inform the Administrator's proposed decision as 
to whether to retain or revise the standards.


Statement of Need:


As established in the Clean Air Act, the national ambient air quality 
standards for SO2 are to be reviewed every five years.


Summary of Legal Basis:


Section 109 of the Clean Air Act (42 USC 7409) directs the 
Administrator to propose and promulgate ``primary'' and ``secondary'' 
national ambient air quality standards for pollutants identified under 
section 108 (the ``criteria'' pollutants). The ``primary'' standards 
are established for the protection of public health, while 
``secondary'' standards are to protect against public welfare or 
ecosystem effects.


Alternatives:


The main alternatives for the Administrator's decision on the review of 
the national ambient air quality standards for SO2 are whether to 
retain or revise the existing standards.


Anticipated Cost and Benefits:


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


Risks:


During the course of this review, risk assessments were conducted to 
evaluate health risks associated with retention or revision of the SO2 
standards.


Timetable:
_______________________________________________________________________
Action                            Date                        FR Cite

_______________________________________________________________________
NPRM                            12/00/09
Final Action                    06/00/10

Regulatory Flexibility Analysis Required:


No


Small Entities Affected:


No


Government Levels Affected:


Federal, Local, State, Tribal


Additional Information:


SAN No. 5163; ; EPA Docket information: EPA-HQ-OAR-2007-0352


URL For More Information:
http://www.epa.gov/ttn/naaqs/standards/so2/s_so2_index.html

[[Page 64325]]

Agency Contact:
Michael Stewart
Environmental Protection Agency
Air and Radiation
C504-06
Research Triangle Park, NC 27711
Phone: 919 541-7524
Fax: 919 541-0237
Email: [email protected]

Karen Martin
Environmental Protection Agency
Air and Radiation
C504-06
Research Triangle Park, NC 27711
Phone: 919 541-5274
Fax: 919 541-0237
Email: [email protected]
RIN: 2060-AO48
_______________________________________________________________________



EPA



138. REVIEW OF THE SECONDARY NATIONAL AMBIENT AIR QUALITY STANDARDS FOR 
OXIDES OF NITROGEN AND OXIDES OF SULFUR

Priority:


Economically Significant. Major under 5 USC 801.


Legal Authority:


42 USC 7408; 42 USC 7409


CFR Citation:


40 CFR 50


Legal Deadline:


NPRM, Judicial, July 12, 2011.


Final, Judicial, March 20, 2012, No court schedule has been ordered for 
this review as of yet. This date represents the date submitted by EPA 
to the court.


Abstract:


Under the Clean Air Act, EPA is required to review and, if appropriate, 
revise the air quality criteria for the primary (health-based) and 
secondary (welfare-based) national ambient air quality standards 
(NAAQS) every 5 years. On October 11, 1995, EPA published a final rule 
not to revise either the primary or secondary NAAQS for nitrogen 
dioxide (NO2). On May 22, 1996, EPA published a final decision that 
revisions of the primary and secondary NAAQS for sulfur dioxide (SO2) 
were not appropriate at that time, aside from several minor technical 
changes. On December 9, 2005, EPA's Office of Research and Development 
(ORD) initiated the current periodic review of NO2 air quality criteria 
with a call for information in the Federal Register (FR). On May 3, 
2006, ORD initiated the current periodic review of SO2 air quality 
criteria with a call for information in the FR. Subsequently, the 
decision was made to review the oxides of nitrogen and the oxides of 
sulfur together, rather than individually, with respect to a secondary 
welfare standard for NO2 and SO2. This decision derives from the fact 
that NO2, SO2, and their associated transformation products are linked 
from an atmospheric chemistry perspective, as well as from an 
environmental effects perspective, most notably in the case of 
secondary aerosol formation and acidification in ecosystems. This 
review includes the preparation of an Integrated Science Assessment, 
Risk/Exposure Assessment, and a Policy Assessment Document by EPA, with 
opportunities for review by EPA's Clean Air Scientific Advisory 
Committee and the public. These documents inform the Administrator's 
proposed decision as to whether to retain or revise the standards. It 
should be noted that this review will be limited to only the secondary 
standards; the primary standards for SO2 and NO2 are being reviewed 
separately, as described elsewhere in this Regulatory Plan under the 
identifying numbers RIN-2060-AO48 and RIN-2060-AO19, respectively.


Statement of Need:


As established in the Clean Air Act, the national ambient air quality 
standards for oxides of nitrogen and oxides of sulfur are to be 
reviewed every five years.


Summary of Legal Basis:


Section 109 of the Clean Air Act (42 USC 7409) directs the 
Administrator to propose and promulgate ``primary'' and ``secondary'' 
national ambient air quality standards for pollutants identified under 
section 108 (the ``criteria'' pollutants). The ``primary'' standards 
are established for the protection of public health, while 
``secondary'' standards are to protect against public welfare or 
ecosystem effects.


Alternatives:


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


Anticipated Cost and Benefits:


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


Risks:


During the course of this review, risk assessments may be conducted to 
evaluate public welfare risks associated with retention or revision of 
the NOx/SOx secondary standards.


Timetable:
_______________________________________________________________________
Action                            Date                        FR Cite

_______________________________________________________________________
NPRM                            02/00/10
Final Action                    11/00/10

Regulatory Flexibility Analysis Required:


No


Small Entities Affected:


No


Government Levels Affected:


Federal, Local, State, Tribal


Additional Information:


SAN No. 5170; EPA Docket information: EPA-HQ-OAR-2007-1145


Agency Contact:
Anne Rea
Environmental Protection Agency
Air and Radiation
C539-02
Research Triangle Park, NC 27711
Phone: 919 541-0053
Fax: 919 541-0905
Email: [email protected]

Ginger Tennant
Environmental Protection Agency
Air and Radiation
C504-06
Research Triangle Park, NC 27711
Phone: 919 541-4072
Fax: 919 541-0237
Email: [email protected]
RIN: 2060-AO72

[[Page 64326]]

_______________________________________________________________________



EPA



139. CLEAN AIR TRANSPORT RULE

Priority:


Economically Significant. Major under 5 USC 801.


Legal Authority:


Clean Air Act Title I


CFR Citation:


Not Yet Determined


Legal Deadline:


None


Abstract:


On May 12, 2005, the Environmental Protection Agency (EPA) promulgated 
the Clean Air Interstate Rule, commonly known as CAIR (70 FR 25162). 
The CAIR used a cap and trade approach to reduce sulfur dioxide (SO2) 
and nitrogen oxides (NOx) emissions. On July 11, 2008, the D.C. Circuit 
issued an opinion finding the CAIR unlawful and vacating the rule. On 
December 23, the D.C. Circuit issued a decision on the petitions for 
rehearing of the July 11 decision. The court granted EPA's petition for 
rehearing to the extent that it remanded the cases without vacatur of 
the CAIR. This ruling means that the CAIR remains in place, but that 
EPA is obligated to promulgate another rule under Clean Air Act Section 
110(a)(2)(D) consistent with the court's July 11 opinion. This action 
is proposing to fulfill our obligation to develop a rule consistent 
with the July 11, 2008 and December 23, 2008 D.C. Court decisions.


Statement of Need:


The Clean Air Transport Rule is necessary to help states address 
interstate transport of pollutants from upwind states to downwind 
nonattainment areas. Specifically, the rule is needed to respond to the 
remand of the Clean Air Interstate Rule by the U.S. Court of Appeals 
for the D.C. Circuit.


Summary of Legal Basis:


The Clean Air Transport Rule is needed to help states address the 
requirements of section 110(a)(2)(D)(i) of the Clean Air Act. This 
section requires States to prohibit emissions that contribute 
significantly to downwind nonattainment with the national ambient air 
quality standards, or which interfere with maintaining the standards in 
those downwind states.


Alternatives:


To be determined.


Anticipated Cost and Benefits:


To be determined.


Risks:


To be determined.


Timetable:
_______________________________________________________________________
Action                            Date                        FR Cite

_______________________________________________________________________
NPRM                            07/00/10
Final Action                       To Be                     Determined

Regulatory Flexibility Analysis Required:


No


Small Entities Affected:


No


Government Levels Affected:


Undetermined


Federalism:


 Undetermined


Additional Information:


SAN No. 5336; EPA Docket information: EPA-HQ-OAR-2009-0491


Agency Contact:
Tim Smith
Environmental Protection Agency
Air and Radiation
C539-04
RTP, NC 27711
Phone: 919 541-4718
Fax: 919 541-5489
Email: [email protected]

Rhea Jones
Environmental Protection Agency
Air and Radiation
C539-04
RTP, NC 27709
Phone: 919 541-2940
Fax: 919 541-0824
Email: [email protected]
RIN: 2060-AP50
_______________________________________________________________________



EPA



140.  REVISION TO PB AMBIENT AIR MONITORING REQUIREMENTS

Priority:


Other Significant


Legal Authority:


42 USC 7403; 42 USC 7410; 42 USC 7601(a); 42 USC 7611; 42 USC 7619


CFR Citation:


40 CFR 58


Legal Deadline:


None


Abstract:


On November 12, 2008, the Environmental Protection Agency (EPA revised 
the National Ambient Air Quality Standards (NAAQS) for lead and 
associated monitoring requirements. The finalized monitoring 
requirements require state and local monitoring agencies to conduct Pb 
monitoring near Pb sources emitting 1.0 tons per year (tpy) or more and 
in large urban areas referred to as Core Based Statistical Areas (CBSA) 
with a population of 500,000 people or more. In January 2009, EPA 
received a petition to reconsider the 1.0 tpy emission threshold from 
the Missouri Coalition for the Environment Foundation, Natural 
Resources Defense Council, the Coalition to End Childhood Poisoning, 
and Physicians for Social Responsibility requesting EPA reconsider the 
1.0 tpy emission threshold. EPA granted the petition to reconsider on 
July 22, 2009. This action represents the results of the EPA's 
reconsideration of the Pb monitoring requirements.


Statement of Need:


This action is in response to a petition to reconsider that the Agency 
received and granted on the Pb monitoring requirements contained in the 
revision to the Pb NAAQS (73 FR 66964).


Summary of Legal Basis:


Clean Air Act Title I


Alternatives:


To be determined.


Anticipated Cost and Benefits:


To be determined.


Risks:


To be determined.


Timetable:
_______________________________________________________________________
Action                            Date                        FR Cite

_______________________________________________________________________
NPRM                            12/00/09

Regulatory Flexibility Analysis Required:


No


Small Entities Affected:


No


Government Levels Affected:


Local, State


Additional Information:


SAN No. 5370; EPA Docket information: EPA-HQ-OAR-2006-0735


URL For More Information:
http://epa.gov/air/lead

[[Page 64327]]

Agency Contact:
Kevin Cavender
Environmental Protection Agency
Air and Radiation
C304-06
RTP, NC 27711
Phone: 919 541-2364
Fax: 919 541-1903
Email: [email protected]

Lewis Weinstock
Environmental Protection Agency
Air and Radiation
C304-06
RTP, NC 27711
Phone: 919 541-3661
Fax: 919 541-1903
Email: [email protected]
RIN: 2060-AP77
_______________________________________________________________________



EPA



141.  PREVENTION OF SIGNIFICANT DETERIORATION/TITLE V 
GREENHOUSE GAS TAILORING RULE

Priority:


Economically Significant. Major under 5 USC 801.


Legal Authority:


Clean Air Act Title I


CFR Citation:


Not Yet Determined


Legal Deadline:


None


Abstract:


In this rule, EPA will apply a tailored approach to the applicability 
major source thresholds for greenhouse gases under the Prevention of 
Significant Deterioration (PSD) and title V programs of the Clean Air 
Act (CAA or Act) by temporarily raising those thresholds and setting a 
PSD significance level for greenhouse gases. EPA is anticipating that 
greenhouse gas (GHG) emissions may soon be subject to regulation 
pursuant to the CAA.


One consequence of our subjecting GHG emissions to regulatory controls 
is that the requirements of existing air permit programs, namely the 
prevention of significant deterioration (PSD) preconstruction 
permitting program for major stationary sources and the title V 
operating permits program, would be triggered for GHG emission sources. 
At the current applicability levels under the CAA, tens of thousands of 
projects every year would need permits under the PSD program, and 
millions of sources would become subject to the title V program. These 
numbers of permits are orders of magnitude greater than the current 
number of permits under these permitting programs and would vastly 
exceed the administrative capacity of the permitting authorities. By 
tailoring the applicability thresholds, we will allow actions to be 
taken by EPA and states to build capacity and streamline permitting.


Statement of Need:


This action will implement a tailored approach to PSD and Title V 
applicability for GHG sources when GHG emissions become subject to 
regulation pursuant to the CAA. This will avoid the scenario where each 
year tens of thousands of new sources and modifications would 
potentially become subject to PSD review and millions of sources would 
require title V operating permits, instead replacing it with a phased 
approach that allows permitting authorities to manage or obtain the 
necessary resources to handle the increased workload.


Summary of Legal Basis:


Doctrine of Administrative Necessity.


Alternatives:


Alternatives are being developed and will be presented in the preamble 
to the proposed rule.


Anticipated Cost and Benefits:


EPA has not completed the necessary analytical work that supports 
developing the regulatory relief costs savings associated with this 
rule. Once the analysis plan/work is completed, the Agency will compile 
and present the information.


Risks:


Not yet determined.


Timetable:
_______________________________________________________________________
Action                            Date                        FR Cite

_______________________________________________________________________
NPRM                            12/00/09
Final Action                    04/00/10

Regulatory Flexibility Analysis Required:


No


Small Entities Affected:


No


Government Levels Affected:


Undetermined


Additional Information:


SAN No. 5192; EPA Docket information: EOPA-HQ-OAR-2009-0517


URL For More Information:
www.epa.gov/nsr

Agency Contact:
Joseph Mangino
Environmental Protection Agency
Air and Radiation
C504-03
RTP, NC 27711
Phone: 919 541-9778
Fax: 919 685-3105
Email: [email protected]

Jennifer Snyder
Environmental Protection Agency
Air and Radiation
C504-05
Research Triangle Park, NC 27711
Phone: 919 541-3003
Fax: 919 541-5509
Email: [email protected]
RIN: 2060-AP86
_______________________________________________________________________



EPA



142.  RECONSIDERATION OF THE 2008 OZONE NATIONAL AMBIENT AIR 
QUALITY STANDARDS

Priority:


Economically Significant. Major under 5 USC 801.


Unfunded Mandates:


Undetermined


Legal Authority:


42 USC 7409


CFR Citation:


Not Yet Determined


Legal Deadline:


NPRM, Judicial, December 21, 2009, Promised proposal to court by 12/21/
2009.


Abstract:


On March 12, 2008, EPA announced the final decision on the ozone 
national ambient air quality standards (NAAQS). Soon after that 
decision was signed on 3/27/08 (73 FR 16436), the Clean Air Scientific 
Advisory Committee (CASAC) held an unsolicited public meeting and 
criticized EPA for setting primary and secondary standards that were 
not consistent with advice provided by the CASAC during review of the 
NAAQS. On 7/25/08, several environmental and industry petitioners, as 
well as a number of States, sued EPA on the NAAQS decision, and the 
Court set a briefing schedule for the consolidated cases on 12/23/08. 
On 3/10/09, EPA requested that the Court vacate the briefing schedule 
and hold the consolidated cases in abeyance for 180 days. This request 
for extension was made to allow time for appropriate

[[Page 64328]]

EPA officials appointed by the new Administration to determine whether 
the standards established in March 2008 should be maintained, modified 
or otherwise reconsidered. Announcement of reconsideration of the March 
2008 NAAQS decision occurred on 9/16/09. The current rulemaking 
schedule calls for a NAAQS proposal (including a proposal to stay 
implementation designations for the March 2008 NAAQS) to be signed by 
12/15/09, with the final rule to be signed by 8/31/10. Reconsideration 
of the NAAQS will be limited to information and supporting 
documentation available to EPA and in the docket at the time of the 
March 2008 decision.


Statement of Need:


As established in the Clean Air Act, the national ambient air quality 
standards for ozone are to be reviewed every five years. As outlined in 
the abstract of this Regulatory Plan entry, this reconsideration is in 
response to actions by the courts regarding the last review in 2008.


Summary of Legal Basis:


Section 109 of the Clean Air Act (42 USC 7409) directs the 
Administrator to propose and promulgate ``primary'' and ``secondary'' 
national ambient air quality standards for pollutants identified under 
section 108 (the ``criteria'' pollutants). The ``primary'' standards 
are established for the protection of public health, while 
``secondary'' standards are to protect against public welfare or 
ecosystem effects.


Alternatives:


The main alternatives for the Administrator's decision on the review of 
the national ambient air quality standards for ozone are whether to 
reaffirm or revise the existing standards. Decisions on these 
alternatives will be summarized in the Notice of Proposed Rulemaking.


Anticipated Cost and Benefits:


A regulatory impact analysis (RIA) is being prepared that presents the 
costs and benefits associated with the proposed revised ozone standards 
and potential alternative standards. This RIA will be made available 
when the Notice of Proposed Rulemaking is published.


Risks:


The current national ambient air quality standards for ozone are 
intended to protect against public health risks associated with 
morbidity and/or premature mortality and public welfare risks 
associated with adverse vegetation and ecosystem effects. During the 
course of this review, risk assessments will be conducted to evaluate 
health and welfare risks associated with retention or revision of the 
ozone standards.


Timetable:
_______________________________________________________________________
Action                            Date                        FR Cite

_______________________________________________________________________
NPRM                            01/00/10

Regulatory Flexibility Analysis Required:


No


Government Levels Affected:


None


URL For More Information:
www.epa.gov/air/criteria.html

Agency Contact:
David McKee
Environmental Protection Agency
Air and Radiation
C504-06
Research Triangle Park, NC 27711
Phone: 919 541-5288
Fax: 919 541-0237
Email: [email protected]

Karen Martin
Environmental Protection Agency
Air and Radiation
C504-06
Research Triangle Park, NC 27711
Phone: 919 541-5274
Fax: 919 541-0237
Email: [email protected]
Related RIN: Related to 2060-AN24
RIN: 2060-AP98
_______________________________________________________________________



EPA



143.  LEAD; CLEARANCE AND CLEARANCE TESTING REQUIREMENTS FOR 
THE RENOVATION, REPAIR, AND PAINTING PROGRAM

Priority:


Economically Significant. Major under 5 USC 801.


Unfunded Mandates:


Undetermined


Legal Authority:


15 USC 2601(c); 15 USC 2682(c)(3); 15 USC 2684; 15 USC 2686; 15 USC 
2687


CFR Citation:


40 CFR 745


Legal Deadline:


NPRM, Judicial, April 22, 2010, Signature.


Final, Judicial, July 15, 2011, Signature.


Abstract:


EPA intends to propose several revisions to the 2008 Lead Renovation, 
Repair, and Painting Program (RRP) rule that established accreditation, 
training, certification, and recordkeeping requirements as well as work 
practice standards for persons performing renovations for compensation 
in most pre-1978 housing and child-occupied facilities. Current 
requirements include training renovators, other renovation workers, and 
dust sampling technicians; for certifying renovators, dust sampling 
technicians, and renovation firms; for accrediting providers of 
renovation and dust sampling technician training; for renovation work 
practices; and for recordkeeping. EPA is particularly concerned about 
dust lead hazards generated by renovations because children, especially 
younger children, are at risk for high exposures of lead-based paint 
dust via hand-to-mouth exposure. For this particular action, EPA will 
consider whether to establish additional requirements to ensure that 
renovation work areas are adequately cleaned after renovation work is 
finished and before the areas are re-occupied. These additional 
requirements may include dust wipe testing after renovations and 
ensuring that renovation work areas meet clearance standards before re-
occupancy.


Statement of Need:


EPA is particularly concerned about dust lead hazards generated by 
renovations because children, especially younger children, are at risk 
for high exposures of lead-based paint dust via hand-to-mouth exposure. 
This rulemaking revision is being considered in response to a 
settlement agreement.


Summary of Legal Basis:


Section 402(c)(3) of the Toxic Substances Control Act (TSCA) requires 
EPA to regulate renovation or remodeling activities that create lead-
based paint hazards in target housing, which is defined by statute to 
cover most pre-1978 housing, public buildings built before 1978, and 
commercial buildings.


Alternatives:


The additional requirements may include dust wipe testing after

[[Page 64329]]

renovations and ensuring that renovation work areas meet clearance 
standards before re-occupancy.


Anticipated Cost and Benefits:


Not yet determined.


Risks:


Not yet determined.


Timetable:
_______________________________________________________________________
Action                            Date                        FR Cite

_______________________________________________________________________
NPRM                            04/00/10
Final Action                    07/00/11

Regulatory Flexibility Analysis Required:


Undetermined


Government Levels Affected:


None


Additional Information:


SAN No. 5380


URL For More Information:
http://www.epa.gov/lead/pubs/renovation.htm

Agency Contact:
Cindy Wheeler
Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7404T
Washington, DC 20460
Phone: 202 566-0484
Fax: 202 566-0471
Email: [email protected]

Michelle Price
Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7404T
Washington, DC 20460
Phone: 202 566-0744
Fax: 202 566-0471
Email: [email protected]
RIN: 2070-AJ57
_______________________________________________________________________



EPA



144. STANDARDS FOR THE MANAGEMENT OF COAL COMBUSTION RESIDUALS 
GENERATED BY COMMERCIAL ELECTRIC POWER PRODUCERS

Priority:


Economically Significant. Major under 5 USC 801.


Unfunded Mandates:


Undetermined


Legal Authority:


Not Yet Determined


CFR Citation:


Not Yet Determined


Legal Deadline:


None


Abstract:


This action is for the development of regulations for coal combustion 
residuals (formerly coal combustion waste). The regulations will apply 
to waste management units at facilities that manage coal combustion 
residuals generated by steam electric power generators, i.e., electric 
utilities and independent power producers. This action results from 
EPA's regulatory determination for fossil fuel combustion wastes (see 
65 FR 32214, May 22, 2000), which concluded that waste management 
regulations under RCRA are appropriate for certain coal combustion 
residuals (wastes). The intended benefits of this action will be to 
prevent contamination or damage to ground waters and surface waters, 
thereby avoiding risk to human health and the environment, including 
ecological risks, while monitoring the benefits of beneficial use of 
coal ash residues. The Agency issued on August 29, 2007, a Notice of 
Data Availability (NODA) announcing the availability for public 
inspection and comment of new information and data on the management of 
coal combustion wastes that the Agency will consider in deciding next 
steps in this effort. The comment period for this NODA closed on 
February 11, 2008. EPA is currently preparing a proposed rule for the 
regulation of coal combustion residuals.


Statement of Need:


There is a need to assess risks associated with the management of coal 
combustion residuals and the most effective regulatory option to 
address them.


Summary of Legal Basis:


Resource Conservation and Recovery Act


Alternatives:


To be determined.


Anticipated Cost and Benefits:


To be determined.


Risks:


To be determined.


Timetable:
_______________________________________________________________________
Action                            Date                        FR Cite

_______________________________________________________________________
NODA                            08/29/07                    72 FR 49714
NPRM                            12/00/09

Regulatory Flexibility Analysis Required:


Undetermined


Government Levels Affected:


Federal, Local, State, Tribal


Federalism:


 This action may have federalism implications as defined in EO 13132.


Additional Information:


SAN No. 4470. EPA publication information: NODA - http://
frwebgate1.access.gpo.gov/ cgi-bin/waisgate.cgi? WAISdocID=623368417775 
+2+0+0& WAISaction=retrieve -- This effort will also affect Federal, 
state, local or tribal governments that own coal-burning commercial 
electric power generating facilities. EPA Docket information: EPA-HQ-
RCRA-2006-0796


Sectors Affected:


221112 Fossil Fuel Electric Power Generation


Agency Contact:
Alexander Livnat
Environmental Protection Agency
Solid Waste and Emergency Response
5304P
Washington, DC 20460
Phone: 703 308-7251
Fax: 703 605-0595
Email: [email protected]

Steve Souders
Environmental Protection Agency
Solid Waste and Emergency Response
5306P
Washington, DC 20460
Phone: 703 308-8431
Fax: 703 605-0595
Email: [email protected]
RIN: 2050-AE81
_______________________________________________________________________



EPA



145. CRITERIA AND STANDARDS FOR COOLING WATER INTAKE STRUCTURES

Priority:


Economically Significant. Major under 5 USC 801.


Unfunded Mandates:


This action may affect State, local or tribal governments and the 
private sector.


Legal Authority:


CWA 101; CWA 301; CWA 304; CWA 308; CWA 316; CWA 401; CWA 402; CWA 501; 
CWA 510

[[Page 64330]]

CFR Citation:


40 CFR 122; 40 CFR 123; 40 CFR 124; 40 CFR 125


Legal Deadline:


None


Abstract:


Section 316(b) of the Clean Water Act (CWA) requires EPA to ensure that 
the location, design, construction, and capacity of cooling water 
intake structures reflect the best technology available (BTA) for 
minimizing adverse environmental impacts. In developing regulations to 
implement section 316(b), EPA divided its effort into three rulemaking 
phases. Phase II, for existing electric generating plants that use at 
least 50 MGD of cooling water, was completed in July 2004. Industry and 
environmental stakeholders challenged the Phase II regulations. On 
review, the U.S. Court of Appeals for the Second Circuit remanded 
several key provisions. In July 2007, EPA suspended Phase II and has 
now initiated a new 316(b) Phase II rulemaking. Following the decision 
in the Second Circuit, several parties petitioned the U.S. Supreme 
Court to review that decision, and the Supreme Court granted the 
petitions, limited to the issue of whether the Clean Water Act 
authorized EPA to consider the relationship of costs and benefits in 
establishing section 316(b) standards. On April 1, 2009, the Supreme 
Court reversed the Second Circuit, finding that the Agency may consider 
cost-benefit analysis in its decision-making. This finding did not hold 
that the Agency must consider costs and benefits in these decisions. 
EPA issued the Phase III regulation, covering existing electric 
generating plants using less than 50 MGD of cooling water, and all 
existing manufacturing facilities, in June 2006. EPA will accept a 
voluntary remand of the Phase III regulation for existing facilities, 
in order to issue a regulation covering both Phase II and III 
facilities, and to do so in a consistent manner. EPA expects this new 
rulemaking will similarly apply to the approximately 900 existing 
electric generating and manufacturing plants.


Statement of Need:


In the absence of national regulations, NPDES permit writers have 
developed requirements to implement section 316(b) on a case-by-case 
basis. This may result in a range of different requirements, and, in 
some cases, delays in permit issuance or reissuance. This regulation 
may have substantial ecological benefits.


Summary of Legal Basis:


The Clean Water Act requires EPA to establish best technology available 
standards to minimize adverse environmental impacts from cooling water 
intake structures. On February 16, 2004, EPA took final action on 
regulations governing cooling water intake structures at certain 
existing power producing facilities under section 316(b) of the Clean 
Water Act (Phase II rule). 69 FR 41576 (July 9, 2004). These 
regulations were challenged, and the Second Circuit remanded several 
provisions of the Phase II rule on various grounds. Riverkeeper, Inc. 
v. EPA, 475 F.3d 83, (2d Cir., 2007). EPA suspended most of the rule in 
response to the remand. 72 FR 37107 (July 9, 2007). The remand of Phase 
III does not change permitting requirements for these facilities. Until 
the new rule is issued, permit directors continue to issue permits on a 
case-by-case, Best Professional Judgment basis for Phase II facilities.


Alternatives:


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


Anticipated Cost and Benefits:


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


Risks:


Cooling water intake structures may pose significant risks for aquatic 
ecosystems.


Timetable:
_______________________________________________________________________
Action                            Date                        FR Cite

_______________________________________________________________________
NPRM                            09/00/10
Final Action                    07/00/12

Regulatory Flexibility Analysis Required:


No


Small Entities Affected:


Businesses, Governmental Jurisdictions


Government Levels Affected:


Federal, Local, State


Additional Information:


SAN No. 5210; EPA Docket information: EPA-HQ-OW-2008-0667


URL For More Information:
www.epa.gov/waterscience/316b

Agency Contact:
Paul Shriner
Environmental Protection Agency
Water
4303T
Washington, DC 20460
Phone: 202 566-1076
Email: [email protected]

Jan Matuszko
Environmental Protection Agency
Water
4303T
Washington, DC 20460
Phone: 202 566-1035
Email: [email protected]
RIN: 2040-AE95
_______________________________________________________________________



EPA

                              -----------

                            FINAL RULE STAGE

                              -----------




146. REVIEW OF THE PRIMARY NATIONAL AMBIENT AIR QUALITY STANDARD FOR 
NITROGEN DIOXIDE

Priority:


Economically Significant. Major under 5 USC 801.


Legal Authority:


42 USC 7408; 42 USC 7409


CFR Citation:


40 CFR 50


Legal Deadline:


NPRM, Judicial, June 26, 2009.


Final, Judicial, January 22, 2010.


Abstract:


Under the Clean Air Act, EPA is required to review and, if appropriate,

[[Page 64331]]

revise the air quality criteria for the primary (health-based) and 
secondary (welfare-based) national ambient air quality standards 
(NAAQS) every 5 years. On October 8, 1996, EPA published a final rule 
not to revise either the primary or secondary NAAQS for nitrogen 
dioxide (NO2). That action provided the Administrator's final 
determination, after careful evaluation of comments received on the 
October 1995 proposal, that revisions to neither the primary nor the 
secondary NAAQS for NO2 were appropriate at that time. On December 9, 
2005, EPA's Office of Research and Development initiated the current 
periodic review of NO2 air quality criteria, the scientific basis for 
the NAAQS, with a call for information in the Federal Register. 
Subsequently, the decision was made to separate the reviews of the 
primary and secondary NO2 standards, and to combine the NO2 secondary-
standard review with the secondary-standard review of Sulfur Dioxide 
(SO2) due to their linkage in terms of effects and atmospheric 
chemistry. That joint review of the SO2 and NO2 secondary standards is 
part of a separate regulatory action described elsewhere in this 
Regulatory Plan under the identifying number RIN-2060-AO72. The 
regulatory action described here is for the Agency's review of the 
primary NO2 NAAQS. This includes the preparation of an Integrated 
Science Assessment, Risk/Exposure Assessment, and a Policy Assessment 
Document by EPA, with opportunities for review by EPA's Clean Air 
Scientific Advisory Committee and the public. These documents inform 
the Administrator's proposed decision as to whether to retain or revise 
the standards. On July 15, 2009, a proposed rule was published that 
would establish a new, short-term (1-hour) standard in the range of 80 
to 100 parts per billion. This action included a proposal to revise the 
NO2 monitoring network to include monitors near major roadways.


Statement of Need:


As established in the Clean Air Act, the national ambient air quality 
standards for NO2 are to be reviewed every five years.


Summary of Legal Basis:


Section 109 of the Clean Air Act (42 USC 7409) directs the 
Administrator to propose and promulgate ``primary'' and ``secondary'' 
national ambient air quality standards for pollutants identified under 
section 108 (the ``criteria'' pollutants). The ``primary'' standards 
are established for the protection of public health, while 
``secondary'' standards are to protect against public welfare or 
ecosystem effects.


Alternatives:


The main alternatives for the Administrator's decision on the review of 
the national ambient air quality standards for NO2 are whether to 
retain or revise the existing standards.


Anticipated Cost and Benefits:


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


Risks:


During the course of this review, risk assessments will be conducted to 
evaluate health risks associated with retention or revision of the NO2 
standards


Timetable:
_______________________________________________________________________
Action                            Date                        FR Cite

_______________________________________________________________________
NPRM                            07/15/09                    74 FR 34403
Final Action                    02/00/10

Regulatory Flexibility Analysis Required:


No


Small Entities Affected:


No


Government Levels Affected:


Federal, State, Local, Tribal


Additional Information:


SAN No. 5111; EPA publication information: NPRM - http://
edocket.access.gpo.gov/2009/pdf/E9-15944.pdf; EPA Docket information: 
EPA-HQ-OAR-2006-0922


URL For More Information:
http://www.epa.gov/air/nitrogenoxides/

Agency Contact:
Scott Jenkins
Environmental Protection Agency
Air and Radiation
C445-01
RTP, NC 27711
Phone: 919 541-1167
Email: [email protected]

Karen Martin
Environmental Protection Agency
Air and Radiation
C504-06
Research Triangle Park, NC 27711
Phone: 919 541-5274
Fax: 919 541-0237
Email: [email protected]
RIN: 2060-AO19
_______________________________________________________________________



EPA



147. CONTROL OF EMISSIONS FROM NEW MARINE COMPRESSION-IGNITION ENGINES 
AT OR ABOVE 30 LITERS PER CYLINDER

Priority:


Other Significant


Legal Authority:


42 USC 7545; 42 USC 7547


CFR Citation:


40 CFR 80; 40 CFR 94; 40 CFR 1042; 40 CFR 1065


Legal Deadline:


Final, Judicial, December 17, 2009.


Abstract:


Category 3 marine diesel engines (those with per cylinder displacement 
greater than 30 liters) are very large engines that are used for 
propulsion power in ocean-going vessels. Emissions from these engines 
contribute significantly to unhealthful levels of ambient particulate 
matter and ozone in many parts of the United States. These engines are 
highly mobile and are not easily controlled at a state or local level. 
EPA currently regulates emissions from Category 3 marine diesel engines 
on ships flagged in the United States. This rulemaking will consider 
long-term nitrogen oxides (NOx) standards for new Category 3 marine 
diesel engines that would require the use of high efficiency 
aftertreatment technology. We are considering standards equivalent to 
the limits for NOx recently adopted by the International Maritime 
Organization,

[[Page 64332]]

which are based on the position advanced by the United States 
Government as part of the international negotiations. We are also 
considering a revision to our diesel fuel program under the Act to 
allow for the manufacture and sale of marine diesel fuel with a sulfur 
content up to 1,000 ppm for use in Category 3 engines. The proposal 
would be part of a coordinated strategy, the other components of which 
would consist of the new amendments to MARPOL Annex VI that will extend 
these standards to foreign vessels (through the Act to Prevent 
Pollution from Ships) and pursuing Emission Control Area (ECA) 
designation for U.S. coastal areas in accordance with MARPOL Annex VI. 
Implementation of this coordinated strategy will ensure that all ships 
that affect U.S. air quality meet stringent NOx and fuel sulfur 
requirements. A recent D.C. Circuit decision (February 2009) upheld 
EPA's deadline of 12/17/09 based on EPA's commitment in the regulation 
to meet that deadline for the final Category 3 rule.


Statement of Need:


There is a need to reduce emissions from Category 3 marine diesel 
engines to achieve significant public health benefits and help states 
and localities attain and maintain PM and ozone National Ambient Air 
Quality Standards. These large diesel engines generate significant 
emissions of fine particulate matter (PM2.5), Nitrogen oxides (NOx) and 
sulfur oxides (SOx), as well as hydrocarbons (HC), carbon monoxide 
(CO), and hazardous air pollutants or air toxics that are associated 
with adverse health effects. Without further action, by 2030, NOx 
emissions from ships are projected to more than double, growing to 2.1 
million tons a year, while annual PM2.5 emissions are expected to 
almost triple to 170,000 tons. By 2030, the coordinated strategy 
described in this rule is expected to reduce annual emissions of NOx in 
the United States by about 1.2 million tons and particulate matter (PM) 
emissions by about 143,000 tons, and prevent between 13,000 and 32,000 
premature deaths annually.


Summary of Legal Basis:


Authority for this regulatory action is granted to the Environmental 
Protections Agency by sections 114, 203, 205, 206, 207, 208, 211, 213, 
216, and 301(a) of the Clean Air Act as amended in 1990 (42 U.S.C. 
7414, 7522, 7524, 7525, 7541, 7542, 7545, 7547, 7550 and 7601(a)), and 
by sections 1901-1915 of the Act to Prevent Pollution from Ships (33 
USC 1909 et seq.).


The authority for the fuel requirements is provided in section 211 (c) 
of the Clean Air Act, which allow EPA to regulate fuels that contribute 
to air pollution which endangers public health or welfare (42 U.S.C. 
7545 (c)). Additional support for the procedural and enforcement-
related aspects of the fuel controls in the proposed rule, including 
the record keeping requirements, comes from sections 114 (a) and 301 
(a) of the CAA (42 U.S.C. Sections 7414 (a) and 7601 (a)). The 
authority for the engine requirements is provided in section 213(a)(3) 
of the Clean Air Act, which directs the Administrator to set standards 
regulating emissions of NOx, volatile organic compounds (VOCs), or CO 
for classes or categories of engines, like marine diesel engines, that 
contribute to ozone or carbon monoxide concentrations in more than one 
nonattainment area. Section 208, which requires manufacturers and other 
persons subject to Title II requirements to ``provide information the 
Administrator may reasonably require . . . to otherwise carry out the 
provisions of this part. . . '' provides authority for a PM measurement 
requirement. The authority to implement and enforce the Category 3 
marine diesel emission standard is provided in Section 213(d) which 
specifies that the standards EPA adopts for marine diesel engines 
``shall be subject to Sections 206, 207, 208, and 209 of the Clean Air 
Act, with such modifications that the Administrator deems appropriate 
to the regulations implementing these sections.'' In addition, the 
marine standards ``shall be enforced in the same manner as [motor 
vehicle] standards prescribed under section 202'' of the Act. Section 
213 (d) also grants EPA authority to promulgate or revise regulations 
as necessary to determine compliance with and enforce standards adopted 
under section 213. Authority to implement MARPOL Annex VI is provided 
in section 1903 of the Act to Prevent Pollution from Ships (APPS). 
Section 1903 gives the Administrator the authority to prescribe any 
necessary or desired regulations to carry out the provisions of 
Regulations 12 through 19 of Annex VI.


Alternatives:


Several alternatives were considered as part of this rulemaking, 
including a mandatory cold ironing requirement; earlier adoption of the 
Tier 3 NOx limits; and standards for existing engines, including a 
mandatory remanufacture program, the MARPOL Annex VI program for 
existing engines, and a Voluntary Marine Verification Program.


Anticipated Cost and Benefits:


A benefit-cost analysis was performed for the entire coordinated 
strategy that involves this rulemaking and the international agreements 
described above. Specifically, the estimated annual benefits of the 
coordinated strategy range between $110 and $280 billion annually in 
2030 using a three percent discount rate, or between $100 and $260 
billion assuming a 7 percent discount rate, compared to estimated 
social costs of approximately $3.1 billion in that same year. Though 
there are a number of health and environmental effects associated with 
the coordinated strategy that we are unable to quantify or monetize, 
the projected benefits of the coordinated strategy far outweigh the 
projected costs. Using a conservative benefits estimate, the 2030 
benefits are expected to outweigh the costs by at least a factor of 32 
and could be as much as a factor of 90.


Risks:


The failure to set new tiers of standards for Category 3 marine diesel 
engines risks continued increases in exposure to elevated levels of 
ambient ozone and particulate matter emissions, particularly for 
populations in port areas and along coastal waterways but also for 
populations located well inland. These elevated levels risk additional 
premature mortality and other health and environmental impacts that 
could otherwise be avoided.


Timetable:
_______________________________________________________________________
Action                            Date                        FR Cite

_______________________________________________________________________
ANPRM                           12/07/07                    72 FR 69521
ANPRM Comment Period End        03/06/08
NPRM                            08/28/09                    74 FR 44441
NPRM Comment Period End         09/28/09
Final Action                    12/00/09

Regulatory Flexibility Analysis Required:


No


Small Entities Affected:


Businesses


Government Levels Affected:


Federal

[[Page 64333]]

International Impacts:


 This regulatory action will be likely to have international trade and 
investment effects, or otherwise be of international interest.


Additional Information:


SAN No. 5129. EPA publication information: ANPRM - http://www.epa.gov/
fedrgstr/EPA-AIR/2007/December/Day-07/a23556.htm -- EPA Docket 
information: EPA-HQ-OAR-2007-0121


URL For More Information:
www.epa.gov/otaq/oceanvessels.htm

Agency Contact:
Jean Revelt
Environmental Protection Agency
Air and Radiation
OAR/OTAQ/ASD
Ann Arbor, MI 48105
Phone: 734 214-4822
Fax: 734 214-4050
Email: [email protected]

Michael Samulski
Environmental Protection Agency
Air and Radiation
OAR/OTAQ/ASD
Ann Arbor, MI 48105
Phone: 734 214-4532
Fax: 734 214-4816
Email: [email protected]
RIN: 2060-AO38
_______________________________________________________________________



EPA



148. RENEWABLE FUELS STANDARD PROGRAM

Priority:


Economically Significant. Major under 5 USC 801.


Unfunded Mandates:


This action may affect the private sector under PL 104-4.


Legal Authority:


Clean Air Act Section 211(o)


CFR Citation:


40 CFR 86; 40 CFR 80


Legal Deadline:


Final, Statutory, December 19, 2008.


Abstract:


This rulemaking will implement provisions in Title II of the 2007 
Energy Independence and Security Act (EISA) that amend Section 211(o) 
of the Clean Air Act. The amendments revise the National Renewable 
Fuels Standard Program in the United States, increasing the national 
requirement to a total of 36 billion gallons of total renewable fuel in 
2022. Application of the new standards now apply to diesel fuel 
producers in addition to gasoline producers and to nonroad fuels in 
addition to highway fuels. The new requirements also establish new 
renewable fuel categories and specific volume standards for cellulosic 
and advanced renewable fuels, biomass based diesel and total renewable 
fuels. Further, the amendments establish new eligibility requirements 
for meeting the renewable fuel standards including application of a 
specific definition for biomass, restrictions on what land feedstocks 
can come from and establish minimum lifecycle greenhouse gas reduction 
thresholds for the various categories of renewable fuels.


Statement of Need:


This action is directed by the 2007 Energy Independence and Security 
Act. It requires EPA to implement the amendments to Clean Air Act 
Section 211(o) - The Renewable Fuels Standard Program.


Summary of Legal Basis:


Clean Air Act Section 211(o).


Alternatives:


A notice of proposed rulemaking was published in the Federal Register 
on May 26, 2009. The proposal includes a number of proposed approaches 
as well as alternative approaches to implement the new standards. The 
public comment period will close on September 25, 2009.


Anticipated Cost and Benefits:


The economic analyses that support the proposed rule do not reflect all 
of the potentially quantifiable economic impacts. There are several key 
impacts that remain incomplete as a result of time and resource 
constraints necessary to complete the proposed rule, including the 
economic impact analysis and the air quality and health impacts 
analysis (see Section II.B.3). As a result, this proposal does not 
combine economic impacts in an attempt to compare costs and benefits, 
in order to avoid presenting an incomplete and potentially misleading 
characterization. For the final rule, when the planned analyses are 
complete and current analyses updated, we will provide a consistent 
cost-benefit comparison. However, the following is offered in 
reflection of some of the benefits and costs associated with certain 
aspects of the proposed rule. Initial estimates indicate that the 
expanded use of renewable fuels will result in a reduction of 6.8 
billion tons of CO2 equivalent GHG emissions in 2022. This is 
equivalent to removing about 24 million vehicles off the road. Also, 36 
billion gallons of renewable fuel will displace about 15 billion 
gallons of petroleum-based gasoline and diesel fuel, which represents 
about 11% of annual gasoline and diesel consumption in 2022. Total 
energy security benefits associated with a reduction of U.S. imported 
oil is $12.38/barrel. Based upon the $12.38/barrel figure, total energy 
security benefits associated with this proposal were calculated at $3.7 
billion. Increases in gasoline and diesel fuel costs are equivalent to 
$4 billion to $18 billion in 2022. Estimates on U.S. food costs would 
increase by $10 per person per year by 2022 while net U.S. farm income 
would increase by $7.1 billion dollars (10.6%).


Risks:


Analysis of criteria and toxic emission impacts is performed relative 
to several different reference cases. Overall we project the proposed 
program will result in significant increases in ethanol and 
acetaldehyde emissions. We project more modest but still significant 
increases in acrolein, NOx, formaldehyde and PM. However, we project 
today's action will result in decreased ammonia emissions (due to 
reductions in livestock agricultural activity), decreased CO emissions 
(driven primarily by the impacts of ethanol on exhaust emissions from 
vehicles and nonroad equipment), and decreased benzene emissions (due 
to displacement of gasoline with ethanol in the fuel pool). Discussion 
and a breakdown of these results by the fuel production / distribution 
and vehicle and equipment emissions are presented in the NPRM. The 
aggregate nationwide emission inventory impacts presented here will 
likely lead to health impacts throughout the U.S. due to changes in 
future-year ambient air quality. However, emissions changes alone are 
not a good indication of local or regional air quality and health 
impacts, as there may be highly localized impacts such as increased 
emissions from ethanol plants and evaporative emissions from cars, and 
decreased emissions from gasoline refineries. For the final rule, a 
national-scale air quality modeling analysis will be performed to 
analyze the impacts of the proposed standards. Further, as the 
production of biofuels increases to meet the requirements of this 
proposed rule, there may be adverse impacts on both

[[Page 64334]]

water quality and quantity. Increased production of biofuels may lead 
to increased application of fertilizer and pesticides and increased 
soil erosion, which could impact water quality.


Timetable:
_______________________________________________________________________
Action                            Date                        FR Cite

_______________________________________________________________________
NPRM                            05/26/09                    74 FR 24903
NPRM Comment Period End         07/27/09
NPRM Comment Period 
    Extended                    07/07/09                    74 FR 32091
NPRM Extended Comment 
    Period End                  09/25/09
Final Action                    12/00/09

Regulatory Flexibility Analysis Required:


Yes


Small Entities Affected:


Businesses


Government Levels Affected:


None


International Impacts:


 This regulatory action will be likely to have international trade and 
investment effects, or otherwise be of international interest.


Additional Information:


SAN No. 5250. EPA publication information: NPRM - http://
edocket.access.gpo.gov/2009/pdf/E9-10978.pdf -- EPA Docket information: 
EPA--HQ-- OAR--2005--0161


URL For More Information:
http://www.epa.gov/otaq/renewablefuels/index.htmnotices

Agency Contact:
Paul Argyropoulos
Environmental Protection Agency
Air and Radiation
6520J ARN
Washington, DC 20460
Phone: 202 564-1123
Fax: 202 564-1686
Email: [email protected]

David Korotney
Environmental Protection Agency
Air and Radiation
AAFC
Ann Arbor, MI 48105
Phone: 734 214-4507
Email: [email protected]
RIN: 2060-AO81
_______________________________________________________________________



EPA



149. ENDANGERMENT AND CAUSE OR CONTRIBUTE FINDINGS FOR GREENHOUSE GASES 
UNDER SECTION 202(A) OF THE CLEAN AIR ACT

Priority:


Other Significant


Legal Authority:


42 USC 7521(a)


CFR Citation:


Not Yet Determined


Legal Deadline:


None


Abstract:


On April 24, 2009, the Administrator published a proposed Endangerment 
Finding under section 202(a) of the Clean Air Act. This proposed 
finding had two components. First, the Administrator proposed to find 
that the current and projected concentrations of the mix of six key 
greenhouse gases - carbon dioxide (CO2), methane (CH4), nitrous oxide 
(N2O), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), and sulfur 
hexafluoride (SF6) - in the atmosphere endanger the public health and 
welfare of current and future generations through climate change. In 
the second component of the proposal, known as the Cause or Contribute 
Finding, the Administrator further proposed to find that the combined 
emissions of four of these six greenhouse gases from new motor vehicles 
and motor vehicle engines contribute to the atmospheric concentrations 
of these key greenhouse gases and hence to the threat of climate 
change. EPA has not proposed in this action any new regulation of motor 
vehicle or motor vehicle emissions.


Statement of Need:


This action responds to the Supreme Court's decision in Massachusetts 
v. EPA, 549 U.S. 497 (2007), in which the court found that greenhouse 
gases are air pollutants under the CAA. The Court held that the 
Administrator must determine whether or not emissions of greenhouse 
gases from new motor vehicles and new motor vehicle engines cause or 
contribute to air pollution which may reasonably be anticipated to 
endanger public health or welfare, or whether the science is too 
uncertain to make a reasoned decision.


Summary of Legal Basis:


The legal basis is Section 202(a) of the Clean Air Act.


Alternatives:


Not yet determined.


Anticipated Cost and Benefits:


This action does not include any proposed standards and does not itself 
impose any requirements on industry or other entities.


Risks:


The effects of climate change observed to date and projected to occur 
in the future include, but are not limited to, more frequent and 
intense heat waves, more severe wildfires, degraded air quality, more 
heavy downpours and flooding, increased drought, greater sea level 
rise, more intense storms, harm to water resources, harm to 
agriculture, and harm to wildlife and ecosystems.


Timetable:
_______________________________________________________________________
Action                            Date                        FR Cite

_______________________________________________________________________
Proposal                        04/24/09                    74 FR 18886
Final                           12/00/09

Regulatory Flexibility Analysis Required:


No


Small Entities Affected:


No


Government Levels Affected:


None


Additional Information:


Previously reported as RIN 2060-ZA14. SAN No. 5335; EPA publication 
information: Proposal - http://www.epa.gov/fedrgstr/EPA-AIR/2009/April/
Day-24/a9339.pdf. EPA Docket information: EPA-HQ-OAR-2009-0171


URL For More Information:
www.epa.gov/climatechange/endangerment.html

Agency Contact:
Rona Birnbaum
Environmental Protection Agency
Air and Radiation
6207J
Washington, DC 20460
Phone: 202 343-9076
Fax: 202 565-2140
Email: [email protected]

Ben DeAngelo
Environmental Protection Agency
Air and Radiation
6207J
Washington, DC 20460
Phone: 202 343-9107
Email: [email protected]
RIN: 2060-AP55

[[Page 64335]]

_______________________________________________________________________



EPA



150.  EPA/NHTSA JOINT RULEMAKING TO ESTABLISH LIGHT-DUTY 
GREENHOUSE GAS EMISSION STANDARDS AND CORPORATE AVERAGE FUEL ECONOMY 
STANDARDS

Priority:


Economically Significant. Major under 5 USC 801.


Unfunded Mandates:


Undetermined


Legal Authority:


Clean Air Act Section 202(a)


CFR Citation:


Not Yet Determined


Legal Deadline:


None


Abstract:


EPA plans to set national emissions standards under section 202 (a) of 
the Clean Air Act to control greenhouse gas (GHG) emissions from 
passenger cars and light-duty trucks, and medium-duty passenger 
vehicles, as part of a joint rulemaking with National Highway Traffic 
and Safety Administration (NHTSA). This joint rulemaking effort was 
announced by President Obama on May 19, 2009. The GHG standards would 
significantly reduce the GHG emissions from these light-duty vehicles. 
The standards would be phased in beginning with the 2012 model year 
through model year 2016. EPA and NHTSA expect to propose the rules by 
late summer 2009. EPA's final action would only occur if EPA determines 
that emissions of greenhouse gases may reasonably be anticipated to 
endanger public health or welfare, and that emissions from new motor 
vehicles and motor vehicle engines contribute to the atmospheric 
concentrations of these greenhouse gases and hence to the threat of 
climate change. EPA has already proposed these findings. (74 FR 18886; 
April 24, 2009)


Statement of Need:


EPA recently proposed to find that emissions of greenhouse gases from 
new motor vehicles and engines cause or contribute to air pollution 
that may reasonably be anticipated to endanger public health and 
welfare. Therefore, there is a need to reduce GHG emissions from light-
duty vehicles to protect public health and welfare. The light-duty 
vehicle sector, which includes passenger cars, light-duty trucks, and 
medium-duty passenger vehicles, accounts for approximately 60% of all 
U.S. transportation sector GHG emissions. This rulemaking would 
significantly reduce GHG emissions from model year 2012 through 2016 
light-duty vehicles. This rulemaking is also consistent with the 
National Fuel Efficiency Policy announced by President Obama on May 19, 
2009, responding to the country's critical need to address global 
climate change and reduce oil consumption.


Summary of Legal Basis:


Section 202(a)(1) provides broad authority to regulate new ``motor 
vehicles,'' which include light duty vehicles, light-duty trucks, and 
medium-duty passenger vehicles (hereafter light vehicles). While other 
provisions of Title II address specific model years and emissions of 
motor vehicles, section 202(a)(1) provides the authority that EPA would 
use to regulate GHGs from new light vehicles. Section 202(a)(1) states 
``the Administrator shall by regulation prescribe (and from time to 
time revise). . . standards applicable to the emission of any air 
pollutant from any class or classes of new motor vehicles . . . , which 
in his judgment cause, or contribute to, air pollution which may 
reasonably be anticipated to endanger public health or welfare.'' Any 
such standards ``shall be applicable to such vehicles . . . for their 
useful life.'' Finalizing the light vehicle regulations would be 
contingent upon EPA finalizing both the endangerment finding and cause 
or contribute finding that emissions of GHGs from new motor vehicles 
and motor vehicle engines cause or contribute to air pollution that may 
reasonably be anticipated to endanger public health and welfare.


Alternatives:


The rulemaking proposal will include an evaluation of regulatory 
alternatives that can be considered in addition to the Agency's primary 
proposal. In addition, the proposal is expected to include tools such 
as averaging, banking and trading of emissions credits as alternative 
approaches for compliance with the proposed program.


Anticipated Cost and Benefits:


According to EPA's preliminary analysis, the standards under 
consideration are projected to reduce GHGs by approximately 900 million 
metric tons and save 1.8 billion barrels of oil over the life of the 
program for MY 2012 -- 2016 vehicles. The program would reduce GHG 
emissions from the U.S. light-duty fleet by 19 percent by 2030. EPA 
estimates an average increased cost of about $1,300 per vehicle in 2016 
compared to today's vehicles. However, the typical driver would save 
enough in lower fuel costs over the first three years to offset the 
higher vehicle cost. Over the life of a vehicle, drivers would save 
about $2,800 through the fuel savings that come from controlling GHG 
emissions. Detailed analysis of economy-wide cost impacts, greenhouse 
gas emission reductions, and societal benefits will be performed during 
the rulemaking process.


Risks:


GHG emissions from light-duty vehicles are responsible for almost 60 
percent of all U.S. transportation-related GHGs, and increase the risk 
of unacceptable climate change impacts.


Timetable:
_______________________________________________________________________
Action                            Date                        FR Cite

_______________________________________________________________________
NPRM                            09/28/09                    74 FR 49454
NPRM Comment Period End         11/27/09
Final Action                    03/00/10

Regulatory Flexibility Analysis Required:


No


Small Entities Affected:


No


Government Levels Affected:


None


Additional Information:


SAN No. 5344; EPA Docket information: EPA-HQ-OAR-2009-0472


Agency Contact:
Robin Moran
Environmental Protection Agency
Air and Radiation
ASD
Ann Arbor, MI 48105
Phone: 734 214-4781
Fax: 734 214-4816
Email: [email protected]

Chris Lieske
Environmental Protection Agency
Air and Radiation
ASD
Ann Arbor, MI 48105
Phone: 734 214-4584
Fax: 734 214-4816
Email: [email protected]
Related RIN: Related to 2127-AK50
RIN: 2060-AP58

[[Page 64336]]

_______________________________________________________________________



EPA



151.  PREVENTION OF SIGNIFICANT DETERIORATION (PSD): 
RECONSIDERATION OF INTERPRETATION OF REGULATIONS THAT DETERMINE 
POLLUTANTS COVERED BY THE FEDERAL PSD PERMIT PROGRAM

Priority:


Other Significant


Legal Authority:


Administrative Procedure Act sec 553(e)


CFR Citation:


Not Yet Determined


Legal Deadline:


None


Abstract:


This action concerns the EPA's interpretation of the regulatory phrase 
``subject to regulation'' as it applies to the federal Prevention of 
Significant Deterioration (PSD) program (more specifically, in 40 CFR 
52.21(b)(50)). At issue is a December 18, 2008, memorandum, titled 
``EPA's Interpretation of Regulations that Determine Pollutants Covered 
By Federal Prevention of Significant Deterioration (PSD) Permit 
Program,'' which specified that a pollutant is only ``subject to 
regulation'' when its emissions are actually controlled or limited 
under a provision of the Clean Air Act (CAA) or a final EPA rule issued 
under the authority of the CAA. Following issuance of the memo, EPA 
received a petition for reconsideration from the Sierra Club and 
several other organizations. The petitioners argued that EPA's issuance 
of the Memo violated the procedural requirements of the Administrative 
Procedures Act and the CAA, and the Memo's interpretation conflicted 
with prior agency actions. On February 17, 2009, the Administrator 
granted reconsideration on the December 18, 2008, memorandum in order 
to allow for public comment on the issues raised in the Memo and in a 
related decision of the Environmental Appeals Board (EAB). Thus, EPA 
will proceed with a reconsideration proceeding and conduct rulemaking 
regarding the proper interpretation of this regulatory phrase.


Statement of Need:


This rulemaking is needed to ensure a common understanding of when a 
new pollutant becomes ``subject to regulation'' and thereby subject to 
PSD permitting requirements. In light of the petitioners' request, EPA 
believes that soliciting comment on the December 18, 2008, 
interpretation, as well as other feasible options, is warranted.


Summary of Legal Basis:


APA 553(e).


Alternatives:


Not yet determined.


Anticipated Cost and Benefits:


Not yet determined.


Risks:


Not yet determined.


Timetable:
_______________________________________________________________________
Action                            Date                        FR Cite

_______________________________________________________________________
NPRM                            10/07/09                    74 FR 51535
Final Action                    03/00/10

Regulatory Flexibility Analysis Required:


No


Small Entities Affected:


No


Government Levels Affected:


None


Additional Information:


SAN No. 5377


URL For More Information:
www.epa.gov/nsr

Agency Contact:
Dave Svendsgaard
Environmental Protection Agency
Air and Radiation
C504-03
RTP, NC 27711
Phone: 919 541-2380
Fax: 919 685-3105
Email: [email protected]

Raj Rao
Environmental Protection Agency
Air and Radiation
C504-02
RTP, NC 27711
Phone: 919 541-5344
Fax: 919 541-5509
Email: [email protected]
RIN: 2060-AP87
_______________________________________________________________________



EPA



152.  LEAD; AMENDMENT TO THE OPT-OUT AND RECORDKEEPING 
PROVISIONS IN THE RENOVATION, REPAIR, AND PAINTING PROGRAM

Priority:


Economically Significant. Major under 5 USC 801.


Unfunded Mandates:


This action may affect the private sector under PL 104-4.


Legal Authority:


15 USC 2601(c); 15 USC 2682(c)(3); 15 USC 2684; 15 USC 2686; 15 USC 
2687


CFR Citation:


40 CFR 745


Legal Deadline:


NPRM, Judicial, October 20, 2009, Signature.


Final, Judicial, April 22, 2010, Signature.


Abstract:


EPA intends to propose several revisions to the 2008 Lead Renovation, 
Repair, and Painting Program (RRP) rule that established accreditation, 
training, certification, and recordkeeping requirements as well as work 
practice standards on persons performing renovations for compensation 
in most pre-1978 housing and child-occupied facilities. This particular 
action will involve proposing amendments to the opt-out provision that 
currently exempts a renovator from the training and work practice 
requirements of the rule where he or she obtains a certification from 
the owner of a residence he or she occupies that no child under age 6 
or pregnant women resides in the home and the home is not a child-
occupied facility. EPA will propose revisions that involve renovation 
firms providing the owner with a copy of the records they are currently 
required to maintain to demonstrate compliance with the training and 
work practice requirements of the RRP rule and, if different, providing 
the information to the occupant of the building being renovated or the 
operator of the child-occupied facility. EPA will also propose various 
minor amendments to the regulations concerning applications for 
training provider accreditation, amending accreditations, course 
completion certificates, recordkeeping, State and Tribal program 
requirements, and grandfathering (i.e., taking a refresher training in 
lieu of the initial training). In addition, the proposed amendments 
intend to clarify that certain requirements apply to the RRP rule as 
well as the Lead-based Paint Activities (abatement) regulations, that a 
certified inspector or risk assessor can act as a dust sampling 
technician, which hands-on training topics are required for renovator 
and dust sampling technician courses, and

[[Page 64337]]

requirements for States and Tribes that apply to become authorized to 
implement the RRP program.


Statement of Need:


This rulemaking revisions is being considered in response to a 
settlement agreement.


Summary of Legal Basis:


Section 402(c)(3) of the Toxic Substances Control Act (TSCA) requires 
EPA to regulate renovation or remodeling activities that create lead-
based paint hazards in target housing, which is defined by statute to 
cover most pre-1978 housing, public buildings built before 1978, and 
commercial buildings.


Alternatives:


The original proposal considered several options on these points. In 
addition, EPA will identify other alternatives to evaluate. The 
alternatives were not, however, available at the time that this form 
was completed.


Anticipated Cost and Benefits:


Under development and not available at the time that this form was 
completed.


Risks:


Under development and not available at the time that this form was 
completed.


Timetable:
_______________________________________________________________________
Action                            Date                        FR Cite

_______________________________________________________________________
NPRM                            10/28/09                    74 FR 55506
NPRM Comment Period End         11/27/09
Final Action                    04/00/10

Regulatory Flexibility Analysis Required:


Yes


Small Entities Affected:


Businesses


Government Levels Affected:


None


Additional Information:


SAN No. 5379


URL For More Information:
http://www.epa.gov/lead/pubs/renovation.htm

Agency Contact:
Marc Edmonds
Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7404T
Washington, DC 20460
Phone: 202 566-0758
Fax: 202 566-0741
Email: [email protected]

Michelle Price
Environmental Protection Agency
Office of Prevention, Pesticides and Toxic Substances
7404T
Washington, DC 20460
Phone: 202 566-0744
Fax: 202 566-0471
Email: [email protected]
RIN: 2070-AJ55
_______________________________________________________________________



EPA



153. REVISIONS TO THE SPILL PREVENTION, CONTROL, AND COUNTERMEASURE 
(SPCC) RULE

Priority:


Economically Significant. Major under 5 USC 801.


Legal Authority:


33 USC 1321


CFR Citation:


40 CFR 112


Legal Deadline:


None


Abstract:


On December 5, 2008, EPA amended the Spill Prevention, Control, and 
Countermeasure (SPCC) rule to provide increased clarity with respect to 
specific regulatory requirements, to tailor requirements to particular 
industry sectors, and to streamline certain rule requirements. The 
Agency subsequently delayed the effective date of these amendments to 
January 14, 2010 to allow the Agency time to review the amendments to 
ensure that they properly reflect consideration of all relevant facts. 
EPA also requested public comment on the delay of the effective date 
and its duration, and on the December 2008 amendments. EPA is reviewing 
the record for the amendments and the additional comments to determine 
if any changes are warranted.


Statement of Need:


The final rule is necessary to clarify the regulatory obligations of 
SPCC facility owners and operators and to reduce the regulatory burden 
where appropriate.


Summary of Legal Basis:


33 USC 1321 et seq.


Alternatives:


EPA considered alternative options for various aspects of this final 
rule, following receipt of public comments.


Anticipated Cost and Benefits:


The principal effect of the final amendments would be lower compliance 
costs for owners and operators of certain types of facilities and 
equipment. Preliminary cost savings for this rulemaking effort is 
estimated to be between $92-100 million.


Risks:


In the absence of quantitative information on the change in risk 
related to the specific proposed amendments, EPA conducted a 
qualitative assessment, which suggests that the final amendments will 
not lead to a significant increase in oil discharge risk.


Timetable:
_______________________________________________________________________
Action                            Date                        FR Cite

_______________________________________________________________________
Notice Clarifying Certain 
    Issues                      05/25/04                    69 FR 29728
NPRM 1-Year Compliance 
    Extension                   06/17/04                    69 FR 34014
Final 18 Months 
    Compliance Extension        08/11/04                    69 FR 48794
NODA : Certain Facilities       09/20/04                    69 FR 56184
NODA: Oil-Filled and 
    Process Equipment           09/20/04                    69 FR 56182
NPRM                            10/15/07                    72 FR 58377
Final Action                    12/05/08                    73 FR 74236
Notice to Delay Effective 
    Date                        02/03/09                     74 FR 5900
Delay of Effective Date         04/01/09                    74 FR 14736
Final Action 2         12/00/09

Regulatory Flexibility Analysis Required:


No


Small Entities Affected:


No


Government Levels Affected:


Federal, Local, State, Tribal


Additional Information:


SAN No. 2634.2; EPA publication information: Notice Clarifying Certain 
Issues - http://frwebgate.access.gpo.gov/ cgi-bin/getdoc.cgi? 
dbname=2004

[[Page 64338]]

--register &docid=fr25my04-49.pdf; Split from RIN 2050-AC62.; EPA 
Docket information: EPA-HQ-OPA-2007-0584


URL For More Information:
www.epa.gov/oilspill/spcc.htm

Agency Contact:
Vanessa Principe
Environmental Protection Agency
Solid Waste and Emergency Response
5104A
Washington, DC 20460
Phone: 202 564-7913
Fax: 202 564-2625
Email: [email protected]
RIN: 2050-AG16
_______________________________________________________________________



EPA



154. EFFLUENT LIMITATIONS GUIDELINES AND STANDARDS FOR THE CONSTRUCTION 
AND DEVELOPMENT POINT SOURCE CATEGORY

Priority:


Economically Significant. Major under 5 USC 801.


Legal Authority:


CWA 301; CWA 304; CWA 306; CWA 501


CFR Citation:


Not Yet Determined


Legal Deadline:


NPRM, Judicial, December 1, 2008, FR Publication by 12/1/2008 as per 
12/5/2006 Court Order.


Final, Judicial, December 1, 2009, FR Publication by 12/1/2009 as per 
12/5/2006 Court Order.


Abstract:


In a November 28, 2008 proposed rulemaking, EPA proposed to establish 
effluent limitations guidelines (ELGs) and new source performance 
standards (NSPSs) for the Construction and Development point source 
category. This rulemaking and its schedule respond to a court order 
that requires the Agency to publish final regulations by December 1, 
2009. The ELGs and NSPSs would control the discharge of pollutants such 
as sediment, turbidity, nutrients and metals in discharges from 
construction activities and will be implemented through the issuance of 
NPDES permits. EPA solicited comments on a range of erosion and 
sediment control measures and pollution prevention measures. The 
proposed requirements vary by size of the construction site and by 
other factors, such as rainfall intensity and clay content of soil. The 
proposed rule was intended to work in concert with existing state and 
local programs, adding a technology-based ``floor'' that establishes 
minimum requirements that would apply nationally. Once implemented, 
these new requirements would significantly reduce the amount of 
sediment, turbidity, and other pollutants discharged from construction 
sites.


Statement of Need:


Despite substantial improvements in the nation's water quality since 
the inception of the Clean Water Act, 45 percent of assessed river and 
stream miles, 47 percent of assessed lake acres, and 32 percent of 
assessed square miles of estuaries show impairments from a wide range 
of sources. Improper control of stormwater discharges from construction 
activity is among the many contributors to remaining water quality 
problems throughout the United States. Sediment is one of the primary 
pollutants that cause water quality impairment for streams and rivers. 
Construction generates significantly higher loads of sediment per acre 
than other sources. The rulemaking would constitute the nationally 
applicable, technology-based ELGs and NSPS applicable to all 
dischargers required to obtain a National Pollutant Discharge 
Elimination System (NPDES) permit.


Summary of Legal Basis:


The Clean Water Act authorizes EPA to establish ELGs and NSPS to limit 
the pollutants discharged from point sources. In addition, EPA is bound 
by the district court decision, in NRDC v. EPA, 437 F.Supp.2d 1137, 
(C.D. Cal.2006), to propose ELGs and NSPS for the construction and 
development industry by December 1, 2008 and to promulgate ELGs and 
NSPS as soon as practicable, but in no event later than December 1, 
2009.


Alternatives:


The Clean Water Act directs EPA to establish a technology basis for the 
ELGs and NSPS, which are based on the performance of specific 
technology levels, such as the best available technology economically 
achievable. EPA is considering a range of pollution control approaches 
and technologies, and is also considering waivers based on construction 
site size, rainfall, and soil erosivity to reduce the impact on small 
dischargers.


Anticipated Cost and Benefits:


The annualized social costs of the proposed rulemaking were estimated 
to range from $141 million to $3.8 billion, and the annualized 
monetized benefits were estimated to range from $11 million to $327 
million. The costs include compliance costs, administrative costs, and 
partial equilibrium estimates of quantity effects and deadweight loss 
to society. The monetized benefit categories include avoided costs of 
dredging for navigation and water storage, avoided costs of drinking 
water treatment, and monetizable water quality benefits. These costs 
may change in the final rule.


Risks:


Sediment is currently one of the primary pollutants that cause water 
quality impairment for streams and rivers and present a risk to aquatic 
life. The ELGs and NSPS are expected to result in a reduction of the 
discharge of pollutants to surface waters, primarily as sediment and 
turbidity.


Timetable:
_______________________________________________________________________
Action                            Date                        FR Cite

_______________________________________________________________________
NPRM                            11/28/08                    73 FR 72561
NPRM Comment Period End         02/26/09
Final Action                    12/00/09

Regulatory Flexibility Analysis Required:


No


Small Entities Affected:


Businesses, Governmental Jurisdictions


Government Levels Affected:


Federal, Local, State


Additional Information:


SAN No. 5119; EPA publication information: NPRM - http://
edocket.access.gpo.gov/2008/pdf/E8-27848.pdf; EPA Docket information: 
EPA-HQ-OW-2008-0465


URL For More Information:
http://www.epa.gov/waterscience/guide/construction/

[[Page 64339]]

Agency Contact:
Jesse Pritts
Environmental Protection Agency
Water
4303T
Washington, DC 20460
Phone: 202 566-1038
Fax: 202 566-1053
Email: [email protected]

Janet Goodwin
Environmental Protection Agency
Water
4303T
Washington, DC 20460
Phone: 202 566-1060
Email: [email protected]
RIN: 2040-AE91
BILLING CODE 6560-50-S