[Federal Register Volume 78, Number 5 (Tuesday, January 8, 2013)]
[Proposed Rules]
[Pages 1624-1631]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-31502]



[[Page 1623]]

Vol. 78

Tuesday,

No. 5

January 8, 2013

Part XV





Environmental Protection Agency





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Semiannual Regulatory Agenda

  Federal Register / Vol. 78 , No. 5 / Tuesday, January 8, 2013 / 
Unified Agenda  

[[Page 1624]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Ch. I

[EPA-HQ-OA-2012-0077; FRL-9744-8]


Fall 2012 Regulatory Agenda

AGENCY: Environmental Protection Agency.

ACTION: Semiannual regulatory flexibility agenda and semiannual 
regulatory agenda.

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SUMMARY: The Environmental Protection Agency (EPA) publishes the 
semiannual regulatory agenda online (the e-Agenda) at http://www.reginfo.gov and at www.regulations.gov to update the public about: 
Regulations and major policies currently under development; reviews of 
existing regulations and major policies; and rules and major policy 
makings completed or canceled since the publication of the last agenda.

Definitions

    ``E-Agenda,'' ``online regulatory agenda,'' and ``semiannual 
regulatory agenda'' all refer to the same comprehensive collection of 
information that, until 2007, was published in the Federal Register but 
now is only available through an online database.
    ``Regulatory Flexibility Agenda'' refers to a document that 
contains information about regulations that may have a significant 
impact on a substantial number of small entities. We continue to 
publish it in the Federal Register because it is required by the 
Regulatory Flexibility Act of 1980.
    ``Unified Regulatory Agenda'' refers to the collection of all 
agencies' agendas with an introduction prepared by the Regulatory 
Information Service Center.
    ``Regulatory Agenda Preamble'' refers to the document you are 
reading now. It appears as part of the Regulatory Flexibility Agenda 
and introduces both the Regulatory Flexibility Agenda and the e-Agenda.
    ``Regulatory Development and Retrospective Review Tracker'' refers 
to an online portal to EPA's priority rules and retrospective reviews 
of existing regulations. More information about the Regulatory 
Development and Retrospective Review Tracker appears in section H of 
this preamble.

FOR FURTHER INFORMATION CONTACT: If you have questions or comments 
about a particular action, please get in touch with the agency contact 
listed in each agenda entry. If you have general questions about the 
semiannual regulatory agenda, please contact: Caryn Muellerleile 
([email protected]; 202-564-2855) or Amy Cole 
([email protected]; 202-564-6535).

Table of Contents

A. Links to EPA's Regulatory Information
B. What key statutes and executive orders guide EPA's rule and 
policymaking process?
C. How can you be involved in EPA's rule and policymaking process?
D. What actions are included in the e-agenda and the regulatory 
agenda?
E. How is the e-agenda organized?
F. What information is in the Regulatory Flexibility Agenda and the 
e-Agenda?
G. How can you find out about rulemakings that start up after the 
regulatory agenda is signed?
H. What tools are available for mining regulatory agenda data and 
for finding more about EPA rules and policies?
I. Reviews of rules with significant impacts on a substantial number 
of small entities
J. What other special attention does EPA give to the impacts of 
rules on small businesses, small governments and small nonprofit 
organizations?
K. Thank You for Collaborating With Us

SUPPLEMENTARY INFORMATION: 

A. Links to EPA's Regulatory Information

     Semiannual Regulatory Agenda: www.reginfo.gov and 
www.regulations.gov
     Semiannual Regulatory Flexibility Agenda: http://www.gpo.gov/fdsys/search/home.action
     Regulatory Development and Retrospective Review Tracker: 
www.epa.gov/regdarrt/

B. What key statutes and executive orders guide EPA's rule and 
policymaking process?

    A number of environmental laws authorize EPA's actions, including 
but not limited to:
     Clean Air Act (CAA),
     Clean Water Act (CWA),
     Comprehensive Environmental Response, Compensation and 
Liability Act (CERCLA, or Superfund),
     Emergency Planning and Community Right-to-Know Act 
(EPCRA),
     Federal Insecticide, Fungicide, and Rodenticide Act 
(FIFRA),
     Resource Conservation and Recovery Act (RCRA),
     Safe Drinking Water Act (SDWA), and
     Toxic Substances Control Act (TSCA).
    Not only must EPA comply with environmental laws, but also 
administrative legal requirements that apply to the issuance of 
regulations, such as: The Administrative Procedure Act (APA), the 
Regulatory Flexibility Act (RFA) as amended by the Small Business 
Regulatory Enforcement Fairness Act (SBREFA), the Unfunded Mandates 
Reform Act (UMRA), the Paperwork Reduction Act (PRA), the National 
Technology Transfer and Advancement Act (NTTAA), and the Congressional 
Review Act (CRA).
    EPA also meets a number of requirements contained in numerous 
Executive Orders: 12866, ``Regulatory Planning and Review'' (58 FR 
51735, Oct. 4, 1993), as supplemented by Executive Order (EO) 13563, 
``Improving Regulation and Regulatory Review'' (76 FR 3821, Jan. 21, 
2011); 12898, ``Federal Actions to Address Environmental Justice in 
Minority Populations and Low-income Populations'' (59 FR 7629, Feb. 16, 
1994); 13045, ``Protection of Children from Environmental Health Risks 
and Safety Risks'' (62 FR 19885, Apr. 23, 1997); 13132, ``Federalism'' 
(64 FR 43255, Aug. 10, 1999); 13175, ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249, Nov. 9, 2000); 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001).
    In addition to meeting its mission goals and priorities as 
described above, EPA is reviewing its existing regulations under EO 
13563. This EO provides for periodic retrospective review of existing 
significant regulations and is intended to determine whether any such 
regulations should be modified, streamlined, expanded, or repealed, so 
as to make the Agency's regulatory program more effective or less 
burdensome in achieving the regulatory objectives. More information 
about this review is described in EPA's Statement of Priorities in the 
Regulatory Plan.

C. How can you be involved in EPA's rule and policymaking process?

    You can make your voice heard by getting in touch with the contact 
person provided in each agenda entry. EPA encourages you to participate 
as early in the process as possible. You may also participate by 
commenting on proposed rules published in the Federal Register (FR).
    Instructions on how to submit your comments are provided in each 
Advanced Notice of Proposed Rulemaking (ANPRM) and Notice of Proposed 
Rulemaking (NPRM). To be most effective, comments should contain 
information and data that support your position, and you also should 
explain why EPA should incorporate your suggestion in the rule or 
nonregulatory action. You can be

[[Page 1625]]

particularly helpful and persuasive if you provide examples to 
illustrate your concerns and offer specific alternatives.
    EPA believes its actions will be more cost effective and protective 
if the development process includes stakeholders working with us to 
help identify the most practical and effective solutions to problems. 
Democracy gives real power to individual citizens, but with that power 
comes responsibility. EPA encourages you to become involved in its rule 
and policymaking process. For more information about public involvement 
in EPA activities, please visit www.epa.gov/open.

D. What actions are included in the e-Agenda and the Regulatory 
Flexibility Agenda?

    EPA includes regulations and certain major policy documents in the 
e-Agenda. However, there is no legal significance to the omission of an 
item from the agenda, and EPA generally does not include the following 
categories of actions:
     Administrative actions such as delegations of authority, 
changes of address, or phone numbers;
     Under the CAA: Revisions to State implementation plans; 
equivalent methods for ambient air quality monitoring; deletions from 
the new source performance standards source categories list; 
delegations of authority to states; area designations for air quality 
planning purposes;
     Under FIFRA: Registration-related decisions, actions 
affecting the status of currently registered pesticides, and data call-
ins;
     Under the Federal Food, Drug, and Cosmetic Act: Actions 
regarding pesticide tolerances and food additive regulations;
     Under RCRA: Authorization of State solid waste management 
plans; hazardous waste delisting petitions;
     Under the CWA: State Water Quality Standards; deletions 
from the section 307(a) list of toxic pollutants; suspensions of toxic 
testing requirements under the National Pollutant Discharge Elimination 
System (NPDES); delegations of NPDES authority to States;
     Under SDWA: Actions on State underground injection control 
programs;
     Under TSCA: New chemical-related decisions; actions 
implementing the TSCA Interagency Testing Committee decisions; actions 
affecting extensions for submitting test data.
    The Regulatory Flexibility Agenda includes:
     Actions likely to have a significant economic impact on a 
substantial number of small entities.

E. How is the e-Agenda organized?

    You can now choose how both the www.reginfo.gov and 
www.regulations.gov versions of the e-Agenda are organized. Current 
choices include: EPA subagency; stage of rulemaking, which is explained 
below; alphabetically by title; and by the Regulation Identifier Number 
(RIN), which is assigned sequentially when an action is added to the 
agenda.
    Stages of rulemaking include:
    1. Active--Actions may be in the Prerule, Proposed Rule, or Final 
Rule stage of the ``Active'' rules section. Prerule actions are 
generally intended to determine whether EPA should initiate rulemaking. 
They may include anything that influences or leads to rulemaking, such 
as Advance Notices of Proposed Rulemaking (ANPRMs), studies or analyses 
of the possible need for regulatory action, requests for public comment 
on the need for regulatory action, or important preregulatory policy 
proposals. Proposed Rules are EPA rulemaking actions that are within a 
year of proposal, or the publication of Notices of Proposed Rulemakings 
(NPRMs), in the Federal Register. Final Rules are those rules that will 
be issued as a final rule within a year.
    2. Long-Term Actions--This section includes rulemakings for which 
the next scheduled regulatory action is after December 2013. We urge 
you to explore becoming involved even if an action is listed in the 
Long-Term category. By the time an action is listed in the Proposed 
Rules category you may have missed the opportunity to participate in 
certain public meetings or policy dialogues.
    3. Completed Actions--This section contains actions that have been 
promulgated and published in the Federal Register since publication of 
the previous Semiannual Agenda. It also includes actions that EPA is no 
longer considering and has elected to ``withdraw.''

F. What information is in the Regulatory Flexibility Agenda and the e-
Agenda?

    The Regulatory Flexibility Agenda entries include only the nine 
categories of information that are required by the Regulatory 
Flexibility Act of 1980 and by Federal Register Agenda printing 
requirements: Sequence Number, RIN, Title, Description, Statutory 
Authority, Section 610 Review, if applicable, Regulatory Flexibility 
Analysis Required, Schedule, and Contact Person. Note that the 
electronic version of the Agenda (eAgenda) has more extensive 
information on each of these actions.
    e-Agenda entries include:
    Title: Titles for new entries (those that have not appeared in 
previous agendas) are preceded by a bullet () The notation 
``Section 610 Review'' follows the title if we are reviewing the rule 
as part of our periodic review of existing rules under section 610 of 
the RFA (5 U.S.C. 610).
    Priority: Entries are placed into one of five categories described 
below. OMB reviews all significant rules including both of the first 
two categories, ``economically significant'' and ``other significant.''
    a. Economically Significant: Under Executive Order 12866, a 
rulemaking that may have an annual effect on the economy of $100 
million or more, or adversely affect in a material way the economy, a 
sector of the economy, productivity, competition, jobs, the 
environment, public health or safety, or State, local, or tribal 
governments or communities.
    b. Other Significant: A rulemaking that is not economically 
significant but is considered significant for other reasons. This 
category includes rules that may:
    1. Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    2. Materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs, or the rights and obligations of 
recipients; or
    3. Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles in Executive 
Order 12866.
    c. Substantive, Nonsignificant: A rulemaking that has substantive 
impacts but is not Significant, Routine and Frequent, or Informational/
Administrative/Other.
    d. Routine and Frequent: A rulemaking that is a specific case of a 
recurring application of a regulatory program in the Code of Federal 
Regulations (e.g., certain State Implementation Plans, National 
Priority List updates, Significant New Use Rules, State Hazardous Waste 
Management Program actions, and Tolerance Exemptions). If an action 
that would normally be classified Routine and Frequent is reviewed by 
the Office of Management and Budget under EO 12866, then we would 
classify the action as either ``Economically Significant'' or ``Other 
Significant.''
    e. Informational/Administrative/Other: An action that is primarily 
informational or pertains to an action outside the scope of EO 12866.

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    Also, if a rule may be ``Major'' as defined in the Congressional 
Review Act (5 U.S.C. 801, et seq.) because it is likely to result in an 
annual effect on the economy of $100 million or more or meets other 
criteria specified in this law, it appears under the ``Priority'' 
heading with the statement ``Major under 5 U.S.C. 801.''
    Legal Authority: The sections of the United States Code (U.S.C.), 
Public Law (Pub. L.), Executive Order (EO), or common name of the law 
that authorizes the regulatory action.
    CFR Citation: The sections of the Code of Federal Regulations that 
would be affected by the action.
    Legal Deadline: An indication of whether the rule is subject to a 
statutory or judicial deadline, the date of that deadline, and whether 
the deadline pertains to a Notice of Proposed Rulemaking, a Final 
Action, or some other action.
    Abstract: A brief description of the problem the action will 
address.
    Timetable: The dates (and citations) that documents for this action 
were published in the Federal Register and, where possible, a projected 
date for the next step. Projected publication dates frequently change 
during the course of developing an action. The projections in the 
agenda are best estimates as of the date we submit the agenda for 
publication. For some entries, the timetable indicates that the date of 
the next action is ``to be determined.''
    Regulatory Flexibility Analysis Required: Indicates whether EPA has 
prepared or anticipates that it will be preparing a regulatory 
flexibility analysis under section 603 or 604 of the RFA. Generally, 
such an analysis is required for proposed or final rules subject to the 
RFA that EPA believes may have a significant economic impact on a 
substantial number of small entities.
    Small Entities Affected: Indicates whether the rule is anticipated 
to have any effect on small businesses, small governments, or small 
nonprofit organizations.
    Government Levels Affected: Indicates whether the rule may have any 
effect on levels of Government and, if so, whether the Governments are 
State, local, tribal, or Federal.
    Federalism Implications: Indicates whether the action is expected 
to have substantial direct effects on the States, on the relationship 
between the National Government and the States, or on the distribution 
of power and responsibilities among the various levels of Government.
    Unfunded Mandates: Section 202 of UMRA generally requires an 
assessment of anticipated costs and benefits if a rule includes a 
mandate that may result in expenditures of more than $100 million in 
any one year by State, local, and tribal governments, in the aggregate, 
or by the private sector. If it is anticipated to exceed this $100 
million threshold, we note it in this section.
    Energy Impacts: Indicates whether the action is a significant 
energy action under EO 13211.
    Sectors Affected: Indicates the main economic sectors regulated by 
the action. The regulated parties are identified by their North 
American Industry Classification System (NAICS) codes. These codes were 
created by the Census Bureau for collecting, analyzing, and publishing 
statistical data on the U.S. economy. There are more than 1,000 NAICS 
codes for sectors in agriculture, mining, manufacturing, services, and 
public administration.
    International Trade Impacts: Indicates whether the action is likely 
to have international trade or investment effects, or otherwise be of 
international interest.
    Agency Contact: The name, address, phone number, and email address, 
if available, of a person who is knowledgeable about the regulation.
    Additional Information: Other information about the action 
including docket information.
    URLs: For some actions, the Internet addresses are included for 
reading copies of rulemaking documents, submitting comments on 
proposals, and getting more information about the rulemaking and the 
program of which it is a part. (Note: To submit comments on proposals, 
you can go to the associated electronic docket, which is housed at 
www.regulations.gov. Once there, follow the online instructions to 
access the docket in question and submit comments. A docket 
identification [ID] number will assist in the search for materials.)
    RIN: The Regulation Identifier Number is used by OMB to identify 
and track rulemakings. The first four digits of the RIN identify the 
EPA office with lead responsibility for developing the action.

G. How can you find out about rulemakings that start up after the 
regulatory agenda is signed?

    EPA posts monthly information of new rulemakings that the Agency's 
senior managers have decided to develop. This list is also distributed 
via email. You can find the current list, known as the Action 
Initiation List (AIL), at http://www.epa.gov/lawsregs/regulations/ail.html where you will also find information about how to get an email 
notification when a new list is posted. If you would like to regularly 
receive information about the rules newly approved for development, 
sign up for our monthly Action Initiation List by going to http://www.epa.gov/lawsregs/regulations/ail.html#notification and completing 
the steps listed there.

H. What tools are available for mining regulatory agenda data and for 
finding more about EPA rules and policies?

1. The http://www.reginfo.gov/Searchable Database

    The Regulatory Information Service Center and Office of Information 
and Regulatory Affairs have a Federal regulatory dashboard that allows 
users to view the Regulatory Agenda database (http://www.reginfo.gov/public/do/eAgendaMain), which includes powerful search, display, and 
data transmission options. At that site you can:
    a. See the preamble. At the URL listed above for the Unified Agenda 
and Regulatory Plan, find ``Current Agenda Agency Preambles.'' 
Environmental Protection Agency is listed alphabetically under ``Other 
Executive Agencies.''
    b. Get a complete list of EPA's entries in the current edition of 
the Agenda. Use the drop-down menu in the ``Select Agency'' box to find 
Environmental Protection Agency and ``Submit.''
    c. View the contents of all of EPA's entries in the current edition 
of the Agenda. Choose ``Search'' from the ``Unified Agenda'' selection 
in the toolbar at the top of the page. Within the ``Search of Agenda/
Regulatory Plan'' screen, open ``Advanced Search,'' then ``Continue.'' 
Select ``Environmental Protection Agency'' and ``Continue.'' Select 
``Search,'' then ``View All RIN Data (Max 350).''
    d. Get a listing of entries with specified characteristics. Follow 
the procedure described immediately above for viewing the contents of 
all entries, but on the screen entitled ``Advanced Search--Select 
Additional Fields,'' choose the characteristics you are seeking before 
``Search.'' For example, if you wish to see a listing of all 
economically significant actions that may have a significant economic 
impact on a substantial number of small businesses, you would check 
``Economically Significant'' under ``Priority'' and ``Business'' under 
``Regulatory Flexibility Analysis Required.''
    e. Download the results of your searches in XML format.

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2. Subject Matter EPA Web Sites

    Some actions listed in the Agenda include a URL that provides 
additional information.

3. Public Dockets

    When EPA publishes either an ANPRM or a NPRM in the Federal 
Register, the Agency typically establishes a docket to accumulate 
materials throughout the development process for that rulemaking. The 
docket serves as the repository for the collection of documents or 
information related to a particular Agency action or activity. EPA most 
commonly uses dockets for rulemaking actions, but dockets may also be 
used for RFA section 610 reviews of rules with significant economic 
impacts on a substantial number of small entities and for various non-
rulemaking activities, such as Federal Register documents seeking 
public comments on draft guidance, policy statements, information 
collection requests under the PRA, and other non-rule activities. 
Docket information should be in that action's agenda entry. All of 
EPA's public dockets can be located at www.regulations.gov.

4. EPA's Regulatory Development and Retrospective Review Tracker

    EPA's Regulatory Development and Retrospective Review Tracker 
(www.epa.gov/regdarrt/) serves as a portal to EPA's priority rules, 
providing you with earlier and more frequently updated information 
about Agency regulations than is provided by the Regulatory Agenda. It 
also provides information about retrospective reviews of existing 
regulations. Not all of EPA's Regulatory Agenda entries appear on Reg 
DaRRT; only priority rulemakings can be found on this Web site. You can 
track progress on various aspects of EPA's priority rulemakings by 
signing up for RSS feeds from the Regulatory Development and 
Retrospective Review Tracker at http://yosemite.epa.gov/opei/RuleGate.nsf/content/getalerts.html?opendocument.

I. Reviews of Rules With Significant Impacts on a Substantial Number of 
Small Entities

    Section 610 of the RFA requires that an agency review, within 10 
years of promulgation, each rule that has or will have a significant 
economic impact on a substantial number of small entities. On October 
31, 2012, EPA published in the Federal Register a notice announcing the 
review of three past rulemakings:
     Heavy-Duty Engine and Vehicle Standards and Highway Diesel 
Fuel Sulfur Control Requirements
     National Pollutant Discharge Elimination System Permit 
Regulation and Effluent Limitations Guidelines Standards for 
Concentrated Animal Feeding Operations
     Review of National Emissions Standards for Hazardous Air 
Pollutants (NESHAP): Reinforced Plastic Composites Production
    To comment or learn more about these retrospective reviews of 
agency rulemakings under section 610 of the RFA, see: http://www.epa.gov/sbrefa/section-610.html.

J. What other special attention does EPA give to the impacts of rules 
on small businesses, small governments, and small nonprofit 
organizations?

    For each of EPA's rulemakings, consideration is given whether there 
will be any adverse impact on any small entity. EPA attempts to fit the 
regulatory requirements, to the extent feasible, to the scale of the 
businesses, organizations, and governmental jurisdictions subject to 
the regulation.
    Under RFA as amended by SBREFA, the Agency must prepare a formal 
analysis of the potential negative impacts on small entities, convene a 
Small Business Advocacy Review Panel (proposed rule stage), and prepare 
a Small Entity Compliance Guide (final rule stage) unless the Agency 
certifies a rule will not have a significant economic impact on a 
substantial number of small entities. For more detailed information 
about the Agency's policy and practice with respect to implementing 
RFA/SBREFA, please visit the RFA/SBREFA Web site at http://www.epa.gov/sbrefa/.

K. Thank You for Collaborating With Us

    Finally, we would like to thank those of you who choose to join 
with us in making progress on the complex issues involved in protecting 
human health and the environment. Collaborative efforts such as EPA's 
open rulemaking process are a valuable tool for addressing the problems 
we face, and the regulatory agenda is an important part of that 
process.

    Dated: October 22, 2012.
 Shannon Kenny,
Acting Principal Deputy Associate Administrator, Office of Policy.

                         10--Proposed Rule Stage
------------------------------------------------------------------------
                                                   Regulation Identifier
      Sequence No.                Title                     No.
------------------------------------------------------------------------
372....................  Revision of New Source   2060-AP93
                          Performance Standards
                          for New Residential
                          Wood Heaters.
------------------------------------------------------------------------


                          10--Long-Term Actions
------------------------------------------------------------------------
                                                   Regulation Identifier
      Sequence No.                Title                     No.
------------------------------------------------------------------------
373....................  National Emission        2060-AQ90
                          Standards for
                          Hazardous Air
                          Pollutants (NESHAP)
                          Risk and Technology
                          Review (RTR) for the
                          Mineral Wool and Wool
                          Fiberglass Industries.
------------------------------------------------------------------------


                            35--Prerule Stage
------------------------------------------------------------------------
                                                   Regulation Identifier
      Sequence No.                Title                     No.
------------------------------------------------------------------------
374....................  Lead; Renovation,        2070-AJ56
                          Repair, and Painting
                          Program for Public and
                          Commercial Buildings.
------------------------------------------------------------------------


[[Page 1628]]


                         35--Proposed Rule Stage
------------------------------------------------------------------------
                                                   Regulation Identifier
      Sequence No.                Title                     No.
------------------------------------------------------------------------
375....................  Formaldehyde; Third-     2070-AJ44
                          Party Certification
                          Framework for the
                          Formaldehyde Standards
                          for Composite Wood
                          Products (Reg Plan Seq
                          No. 84).
376....................  Formaldehyde Emissions   2070-AJ92
                          Standards for
                          Composite Wood
                          Products (Reg Plan Seq
                          No. 85).
------------------------------------------------------------------------
References in boldface appear in The Regulatory Plan in part II of this
  issue of the Federal Register.


                          60--Long-Term Actions
------------------------------------------------------------------------
                                                   Regulation Identifier
      Sequence No.                Title                     No.
------------------------------------------------------------------------
377....................  Financial                2050-AG61
                          Responsibility
                          Requirements Under
                          CERCLA Section 108(b)
                          for Classes of
                          Facilities in the Hard
                          Rock Mining Industry.
------------------------------------------------------------------------


ENVIRONMENTAL PROTECTION AGENCY (EPA)

10

Proposed Rule Stage

372. Revision of New Source Performance Standards for New Residential 
Wood Heaters

    Legal Authority: CAA sec 111(b)(1)(B)
    Abstract: EPA is revising the New Source Performance Standards 
(NSPS) for new residential wood heaters. This action is necessary 
because it updates the 1988 NSPS to reflect significant advancements in 
wood heater technologies and design, broadens the range of residential 
wood-heating appliances covered by the regulation, and improves and 
streamlines implementation procedures. This rule is expected to require 
manufacturers to redesign wood heaters to be cleaner and lower 
emitting. In general, the design changes would also make the heaters 
perform better and be more efficient. The revisions are also expected 
to streamline the process for testing new model lines by allowing the 
use of International Standards Organization (ISO)-accredited 
laboratories and certifying bodies, which will expand the number of 
facilities that can be used for testing and certification of the new 
model lines. This action is expected to include the following new 
residential wood-heating appliances:

--Adjustable burn-rate wood heaters
--Pellet stoves
--Single burn-rate wood heaters
--Outdoor hydronic heaters (outdoor wood boilers)
--Indoor hydronic heaters (indoor wood boilers)
--Wood-fired, forced-air furnaces
--Masonry heaters.

    These standards would apply only to new residential wood heaters 
and not to existing residential wood-heating appliances.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   06/00/13  .......................
Final Rule..........................   03/00/14  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Gil Wood, Environmental Protection Agency, Air and 
Radiation, C404-05, Research Triangle Park, NC 27711, Phone: 919 541-
5272, Fax: 919 541-0242, Email: [email protected].
    David Cole, Environmental Protection Agency, Air and Radiation, 
C404-05, Research Triangle Park, NC 27711, Phone: 919 541-5565, Fax: 
919 541-0242, Email: [email protected].
    RIN: 2060-AP93

ENVIRONMENTAL PROTECTION AGENCY (EPA)

10

Long-Term Actions

373. National Emission Standards for Hazardous Air Pollutants (NESHAP) 
Risk and Technology Review (RTR) for the Mineral Wool and Wool 
Fiberglass Industries

    Legal Authority: 42 U.S.C. 7401
    Abstract: The Maximum Achievable Control Technology (MACT) standard 
for Mineral Wool Production was promulgated on June 1, 1999, and the 
MACT for Wool Fiberglass Production was promulgated on June 14, 1999. 
The Clean Air Act requires EPA to evaluate the risk remaining to human 
health within eight years of promulgation of each MACT standard; for 
these regulations, that date expired in June 2007. Along with risk, the 
EPA is also required to review new technology in the industry that can 
reduce hazardous air pollutant (HAP) emissions from regulated sources 
in the industry, and may consider costs under this technology review. 
EPA is addressing these Clean Air Act requirements under a combined 
risk and technology review (RTR). EPA was petitioned to review the risk 
for these source categories, and also to determine MACT floors for 
pollutants and processes that were not regulated by the MACT standards. 
The court entered into an agreement with EPA and the litigants, and the 
resulting deadline for proposal and promulgation of these RTRs is 
November 4, 2011, and November 30, 2012, respectively. In addition, EPA 
will be preparing to regulate wool fiberglass area sources under a new 
NESHAP, expected to be proposed March 15, 2013.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   11/25/11  76 FR 72770
Notice..............................   12/20/11  76 FR 78872
Notice..............................   01/23/12  77 FR 3223
Final Rule..........................   01/00/14  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Susan Fairchild, Environmental Protection Agency, 
Air and Radiation, D-243-04, Research Triangle Park, NC 27711, Phone: 
919 541-5167, Fax: 919 541-5450, Email: 
[email protected].
    Keith Barnett, Environmental Protection Agency, Air and Radiation, 
D243-04, Research Triangle Park, NC 27711, Phone: 919 541-5605, Fax: 
919 541-5450, Email: [email protected].
    RIN: 2060-AQ90


[[Page 1629]]



ENVIRONMENTAL PROTECTION AGENCY (EPA)

35

Prerule Stage

374. Lead; Renovation, Repair, and Painting Program for Public and 
Commercial Buildings

    Legal Authority: 15 U.S.C. 2682(c)(3)
    Abstract: Section 402(c)(3) of the Toxic Substances Control Act 
(TSCA) requires EPA to regulate renovation or remodeling activities 
that create lead-based paint hazards in target housing (most pre-1978 
housing), pre-1978 public buildings, and commercial buildings. In a 
2008 rule, EPA addressed lead-based paint hazards created by these 
activities in target housing and child-occupied facilities built before 
1978 (child-occupied facilities are a subset of public and commercial 
buildings or facilities where children under age 6 spend a great deal 
of time). The 2008 rule established requirements for training 
renovators, other renovation workers, and dust sampling technicians; 
for certifying renovators, dust sampling technicians, and renovation 
firms; for accrediting providers of renovation and dust sampling 
technician training; for renovation work practices; and for 
recordkeeping. The current rulemaking effort will address renovation or 
remodeling activities in the remaining buildings described in TSCA 
section 402(c)(3); i.e., public buildings built before 1978 and 
commercial buildings that are not child-occupied facilities. In 2010, 
EPA issued an Advanced Notice of Proposed Rulemaking (ANPRM) that 
solicited public comment on lead-safe work practices and other 
requirements EPA should consider for renovations on the exteriors of 
public and commercial buildings and whether lead-based paint hazards 
are created by interior renovation, repair, and painting projects in 
public and commercial buildings. EPA is currently developing a proposal 
to address lead-based paint hazards that may be created by renovations 
on the exterior or in the interiors of public and commercial buildings. 
As part of a settlement agreement reached in 2009 and most recently 
amended in September 2012, EPA will hold a public meeting in 2013 to 
discuss the issues under consideration for this rulemaking. In 
addition, after considering the information it gathers and its related 
analyses, EPA has agreed to either sign a proposed rule covering 
renovation, repair, and painting activities in public and commercial 
buildings, or determine that these activities do not create lead-based 
paint hazards by July 1, 2015. If EPA issues a proposed rule, EPA has 
further agreed to take final action on or before the date 18 months 
after the proposal is published.
    Timetable:

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               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   05/06/10  75 FR 24848
Notice (Request Information)........   01/00/13
Notice (Public Meeting).............   06/00/13
NPRM................................   07/00/15
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Hans Scheifele, Environmental Protection Agency, 
Office of Chemical Safety and Pollution Prevention, 7404T, Washington, 
DC 20460, Phone: 202 564-3122, Email: [email protected].
    Cindy Wheeler, Environmental Protection Agency, Office of Chemical 
Safety and Pollution Prevention, 7404T, Washington, DC 20460, Phone: 
202 566-0484, Email: [email protected].
    RIN: 2070-AJ56

ENVIRONMENTAL PROTECTION AGENCY (EPA)

35

Proposed Rule Stage

375. Formaldehyde; Third-Party Certification Framework for the 
Formaldehyde Standards for Composite Wood Products

    Regulatory Plan: This entry is Seq. No. 84 in part II of this issue 
of the Federal Register.
    RIN: 2070-AJ44

376. Formaldehyde Emissions Standards for Composite Wood Products

    Regulatory Plan: This entry is Seq. No. 85 in part II of this issue 
of the Federal Register.
    RIN: 2070-AJ92

ENVIRONMENTAL PROTECTION AGENCY (EPA)

60

Long-Term Actions

377. Financial Responsibility Requirements Under CERCLA Section 108(b) 
for Classes of Facilities in the Hard Rock Mining Industry

    Legal Authority: 42 U.S.C. 9601 et seq.; 42 U.S.C. 9608(b)
    Abstract: Section 108(b) of the Comprehensive Environmental 
Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, 
establishes certain authorities concerning financial responsibility 
requirements. This provision authorizes regulation to require business 
operators to have some financial mechanisms in place--such as a bond or 
insurance policy--that can provide funds to clean or avert spills of 
hazardous substances without burdening taxpayers. The Agency has 
identified classes of facilities within the Hard Rock mining industry 
as those for which financial responsibility requirements will be first 
developed. EPA intends to include requirements for financial 
responsibility, as well as notification and implementation.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Notice..............................   07/28/09  74 FR 37213
NPRM................................   05/00/14
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Ben Lesser, Environmental Protection Agency, Solid 
Waste and Emergency Response, 5302P, Washington, DC 20460, Phone: 703 
308-0314, Email: [email protected].
    David Hockey, Environmental Protection Agency, Solid Waste and 
Emergency Response, 5303P, Washington, DC 20460, Phone: 703 308-8846, 
Email: [email protected].
    RIN: 2050-AG61

[FR Doc. 2012-31502 Filed 1-7-13; 8:45 am]
BILLING CODE 6560-50-P