[Federal Register Volume 79, Number 4 (Tuesday, January 7, 2014)]
[Proposed Rules]
[Pages 1216-1223]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-29640]



[[Page 1215]]

Vol. 79

Tuesday,

No. 4

January 7, 2014

Part XVI





Environmental Protection Agency





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Semiannual Regulatory Agenda

  Federal Register / Vol. 79 , No. 4 / Tuesday, January 7, 2014 / 
Unified Agenda  

[[Page 1216]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Ch. I

[EPA-HQ-OAR-2012-0313, EPA-HQ-OW-2012-0813, EPA-HQ-OAR-2013-0642; FRL 
9900-64-OP]


Fall 2013 Regulatory Agenda

AGENCY: Environmental Protection Agency.

ACTION: Semiannual regulatory flexibility agenda and semiannual 
regulatory agenda.

-----------------------------------------------------------------------

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

Definitions

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

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

Table of Contents

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

SUPPLEMENTARY INFORMATION: 

A. Links to EPA's Regulatory Information

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

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

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

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

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

[[Page 1217]]

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

D. What actions are included in the e-Agenda and the regulatory 
flexibility agenda?

    EPA includes regulations and certain major policy documents in the 
e-Agenda. However, there is no legal significance to the omission of an 
item from the agenda, and EPA generally does not include the following 
categories of actions:
     Administrative actions such as delegations of authority, 
changes of address, or phone numbers;
     Under the CAA: Revisions to state implementation plans; 
equivalent methods for ambient air quality monitoring; deletions from 
the new source performance standards source categories list; 
delegations of authority to states; area designations for air quality 
planning purposes;
     Under FIFRA: Registration-related decisions, actions 
affecting the status of currently registered pesticides, and data call-
ins;
     Under the Federal Food, Drug, and Cosmetic Act: Actions 
regarding pesticide tolerances and food additive regulations;
     Under RCRA: Authorization of State solid waste management 
plans; hazardous waste delisting petitions;
     Under the CWA: State Water Quality Standards; deletions 
from the section 307(a) list of toxic pollutants; suspensions of toxic 
testing requirements under the National Pollutant Discharge Elimination 
System (NPDES); delegations of NPDES authority to States;
     Under SDWA: Actions on State underground injection control 
programs.
    The Regulatory Flexibility Agenda includes:
     Actions likely to have a significant economic impact on a 
substantial number of small entities.
     Rules the Agency has identified for periodic review under 
section 610 of the RFA.
    EPA is opening one 610 review and concluding one other in fall 
2013. One 610 review remains ongoing during this time.

E. How is the E-Agenda organized?

    You can choose how to organize the agenda entries online by 
specifying the characteristics of the entries of interest in the 
desired individual data fields for both the www.reginfo.gov and 
www.regulations.gov versions of the e-Agenda. You can sort based on the 
following characteristics: EPA sub agency; stage of rulemaking, which 
is explained below; alphabetically by title; and by the Regulation 
Identifier Number (RIN), which is assigned sequentially when an action 
is added to the agenda.
    Each entry in the Agenda is associated with one of five rulemaking 
stages. The rulemaking stages are:
    1. Prerule Stage--This section includes EPA actions generally 
intended to determine whether the agency should initiate rulemaking. 
Prerulemakings may include anything that influences or leads to 
rulemaking, such as Advance Notices of Proposed Rulemaking (ANPRMs), 
studies or analyses of the possible need for regulatory action.
    2. Proposed Rule Stage--This section includes EPA rulemaking 
actions that are within a year of proposal (publication of Notices of 
Proposed Rulemakings [NPRMs]).
    3. Final Rule Stage--This section includes rules that will be 
issued as a final rule within a year.
    4. Long-Term Actions--This section includes rulemakings for which 
the next scheduled regulatory action is after December 2012. We urge 
you to explore becoming involved even if an action is listed in the 
Long-Term category. By the time an action is listed in the Proposed 
Rules category you may have missed the opportunity to participate in 
certain public meetings or policy dialogues.
    5. Completed Actions--This section contains actions that have been 
promulgated and published in the Federal Register since publication of 
the spring 2013 Agenda. It also includes actions that EPA is no longer 
considering and has elected to ``withdraw.'' EPA also announces the 
results of any RFA section 610 review in this section of the agenda.

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

    The Regulatory Flexibility Agenda entries include only the nine 
categories of information that are required by the Regulatory 
Flexibility Act of 1980 and by Federal Register Agenda printing 
requirements: Sequence Number, RIN, Title, Description, Statutory 
Authority, Section 610 Review, if applicable, Regulatory Flexibility 
Analysis Required, Schedule and Contact Person. Note that the 
electronic version of the Agenda (E-Agenda) has more extensive 
information on each of these actions.
    E-Agenda entries include:
    Title: a brief description of the subject of the regulation. The 
notation ``Section 610 Review'' follows the title if we are reviewing 
the rule as part of our periodic review of existing rules under section 
610 of the RFA (5 U.S.C. 610).
    Priority: Entries are placed into one of five categories described 
below.
    a. Economically Significant: Under Executive Order 12866, a 
rulemaking that may have an annual effect on the economy of $100 
million or more, or adversely affect in a material way the economy, a 
sector of the economy, productivity, competition, jobs, the 
environment, public health or safety, or State, local, or tribal 
governments or communities.
    b. Other Significant: A rulemaking that is not economically 
significant but is considered significant for other reasons. This 
category includes rules that may:
    1. Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    2. Materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs, or the rights and obligations of 
recipients; or
    3. Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles in Executive 
Order 12866.
    c. Substantive, Nonsignificant: A rulemaking that has substantive 
impacts but is not Significant, Routine and Frequent, or Informational/
Administrative/Other.
    d. Routine and Frequent: A rulemaking that is a specific case of a 
recurring application of a regulatory program in the Code of Federal 
Regulations (e.g., certain State Implementation Plans, National 
Priority List updates, Significant New Use Rules, State Hazardous Waste 
Management Program actions, and Tolerance Exemptions). If an action 
that would normally be classified Routine and Frequent is reviewed by 
the Office of Management and Budget under EO 12866, then we would 
classify the action as either ``Economically Significant'' or ``Other 
Significant.''
    e. Informational/Administrative/Other: An action that is primarily 
informational or pertains to an action outside the scope of EO 12866.
    Major: a rule is ``major'' under 5 U.S.C. 801 (Pub. L. 104-121) if 
it has resulted or is likely to result in an annual effect on the 
economy of $100

[[Page 1218]]

million or more or meets other criteria specified in that Act.
    Unfunded Mandates: whether the rule is covered by section 202 of 
the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4). The Act 
requires that, before issuing an NPRM likely to result in a mandate 
that may result in expenditures by State, local, and tribal 
governments, in the aggregate, or by the private sector of more than 
$100 million in 1 year.
    Legal Authority: The sections of the United States Code (U.S.C.), 
Public Law (Pub. L.), Executive Order (EO), or common name of the law 
that authorizes the regulatory action.
    CFR Citation: The sections of the Code of Federal Regulations that 
would be affected by the action.
    Legal Deadline: An indication of whether the rule is subject to a 
statutory or judicial deadline, the date of that deadline, and whether 
the deadline pertains to a Notice of Proposed Rulemaking, a Final 
Action, or some other action.
    Abstract: A brief description of the problem the action will 
address.
    Timetable: the dates and citations (if available) for all past 
steps and a projected date for at least the next step for the 
regulatory action. A date displayed in the form 06/00/14 means the 
agency is predicting the month and year the action will take place but 
not the day it will occur. For some entries, the timetable indicates 
that the date of the next action is ``to be determined.''
    Regulatory Flexibility Analysis Required: Indicates whether EPA has 
prepared or anticipates that it will be preparing a regulatory 
flexibility analysis under section 603 or 604 of the RFA. Generally, 
such an analysis is required for proposed or final rules subject to the 
RFA that EPA believes may have a significant economic impact on a 
substantial number of small entities.
    Small Entities Affected: Indicates whether the rule is anticipated 
to have any effect on small businesses, small governments or small 
nonprofit organizations.
    Government Levels Affected: Indicates whether the rule may have any 
effect on levels of government and, if so, whether the governments are 
State, local, tribal, or Federal.
    Federalism Implications: Indicates whether the action is expected 
to have substantial direct effects on the States, on the relationship 
between the National Government and the States, or on the distribution 
of power and responsibilities among the various levels of government.
    Energy Impacts: Indicates whether the action is a significant 
energy action under Executive Order 13211.
    Sectors Affected: Indicates the main economic sectors regulated by 
the action. The regulated parties are identified by their North 
American Industry Classification System (NAICS) codes. These codes were 
created by the Census Bureau for collecting, analyzing, and publishing 
statistical data on the U.S. economy. There are more than 1,000 NAICS 
codes for sectors in agriculture, mining, manufacturing, services, and 
public administration.
    International Trade Impacts: Indicates whether the action is likely 
to have international trade or investment effects, or otherwise be of 
international interest.
    Agency Contact: The name, address, phone number, and email address, 
if available, of a person who is knowledgeable about the regulation.
    Additional Information: Other information about the action 
including docket information.
    URLs: For some actions, the Internet addresses are included for 
reading copies of rulemaking documents, submitting comments on 
proposals, and getting more information about the rulemaking and the 
program of which it is a part. (Note: To submit comments on proposals, 
you can go to the associated electronic docket, which is housed at 
www.regulations.gov. Once there, follow the online instructions to 
access the docket in question and submit comments. A docket 
identification [ID] number will assist in the search for materials.)
    RIN: The Regulation Identifier Number is used by OMB to identify 
and track rulemakings. The first four digits of the RIN identify the 
EPA office with lead responsibility for developing the action.

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

    EPA posts monthly information of new rulemakings that the Agency's 
senior managers have decided to develop. This list is also distributed 
via email. You can find the current list, known as the Action 
Initiation List (AIL), at http://www2.epa.gov/laws-regulations/actions-initiated-month where you will also find information about how to get 
an email notification when a new list is posted.

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

    1. The http://www.reginfo.gov/ Searchable Database
    2. The Regulatory Information Service Center and Office of 
Information and Regulatory Affairs have a Federal regulatory dashboard 
that allows users to view the Regulatory Agenda database (http://www.reginfo.gov/public/do/eAgendaMain), which includes search, display, 
and data transmission options. Subject Matter EPA Web sites
    Some actions listed in the Agenda include a URL that provides 
additional information about the action.
    3. Public Dockets
    When EPA publishes either an Advance Notice of Proposed Rulemaking 
(ANPRM) or a Notice of Proposed Rulemaking (NPRM) in the Federal 
Register, the Agency typically establishes a docket to accumulate 
materials throughout the development process for that rulemaking. The 
docket serves as the repository for the collection of documents or 
information related to a particular Agency action or activity. EPA most 
commonly uses dockets for rulemaking actions, but dockets may also be 
used for RFA section 610 reviews of rules with significant economic 
impacts on a substantial number of small entities and for various non-
rulemaking activities, such as Federal Register documents seeking 
public comments on draft guidance, policy statements, information 
collection requests under the PRA, and other non-rule activities. 
Docket information should be in that action's agenda entry. All of 
EPA's public dockets can be located at www.regulations.gov.
    4. EPA's Regulatory Development and Retrospective Review Tracker
    EPA's Regulatory Development and Retrospective Review Tracker 
(www.epa.gov/regdarrt/) serves as a portal to EPA's priority rules, 
providing you with earlier and more frequently updated information 
about Agency regulations than is provided by the Regulatory Agenda. It 
also provides information about retrospective reviews of existing 
regulations. Not all of EPA's Regulatory Agenda entries appear on Reg 
DaRRT; only priority rulemakings can be found on this Web site.

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

    Section 610 of the RFA requires that an agency review, within 10 
years of promulgation, each rule that has or will have a significant 
economic impact on a substantial number of small entities. EPA is 
opening one 610 review and concluding one other in fall 2013. One 610 
review remains ongoing during this time.

[[Page 1219]]



----------------------------------------------------------------------------------------------------------------
              Review Title                            RIN                            Docket ID No.
----------------------------------------------------------------------------------------------------------------
Section 610 Review of Control of          2060-AR91..................  EPA-HQ-OAR-2013-0642
 Emissions of Air Pollution from Nonroad
 Diesel Engines and Fuel.
Section 610 Review of National Pollutant  2040-AF46..................  EPA-HQ-OW-2012-0813
 Discharge Elimination System Permit
 Regulation and Effluent Limitations
 Guidelines Standards for Concentrated
 Animal Feeding Operations.
Section 610 Review of Heavy-Duty Engine   2060-AR83..................  EPA-HQ-OAR-2012-0313
 and Vehicle Standards and Highway
 Diesel Fuel Sulfur Control Requirements
 (Completed).
----------------------------------------------------------------------------------------------------------------

    EPA established an official public dockets for each 610 Review 
under the docket identification (ID) numbers indicated above. All 
documents in the dockets are listed on the www.regulations.gov Web 
site. Although listed in the index, some information is not publicly 
available; e.g., confidential business information (CBI) or other 
information whose disclosure is restricted by statute. Certain other 
material, such as copyrighted material, is not placed on the Internet 
and will be publicly available only in hard copy form. Publicly 
available docket materials are available either electronically through 
www.regulations.gov or in hard copy at the Air or Water dockets, EPA/
DC, EPA West, Room 3334, 1301 Constitution Avenue NW., Washington, DC 
20460. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., 
Monday through Friday, excluding legal holidays. The telephone number 
for the Public Reading Room is (202) 566-1744.

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

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

K. Thank You for Collaborating With Us

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

    Dated: August 28, 2013.
Shannon Kenny,
Principal Deputy Associate Administrator, Office of Policy.

                            10--Prerule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
385.......................  Section 610 Review of              2060-AR91
                             Control of Emissions of
                             Air Pollution from
                             Nonroad Diesel Engines
                             and Fuel (Section 610
                             Review).
------------------------------------------------------------------------


                         10--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
386.......................  SAN No. 5367 National              2060-AP69
                             Emission Standards for
                             Hazardous Air Pollutants
                             (NESHAP): Brick and
                             Structural Clay Products
                             Manufacturing and Clay
                             Ceramics Manufacturing.
387.......................  Standards of Performance           2060-AP93
                             for New Residential Wood
                             Heaters, New Residential
                             Hydronic Heaters and
                             Forced-Air Furnaces, and
                             New Residential Masonry
                             Heaters.
388.......................  General Permits and                2060-AR98
                             Permits by Rule for the
                             Tribal Minor New Source
                             Review Program.
------------------------------------------------------------------------


                          10--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
389.......................  Control of Air Pollution           2060-AQ86
                             From Motor Vehicles: Tier
                             3 Motor Vehicle Emission
                             and Fuel Standards (Reg
                             Plan Seq No. 130).
------------------------------------------------------------------------
References in boldface appear in The Regulatory Plan in part II of this
  issue of the Federal Register.


[[Page 1220]]


                          10--Completed Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
390.......................  Section 610 Review of              2060-AR83
                             Heavy-Duty Engine and
                             Vehicle Standards and
                             Highway Diesel Fuel
                             Sulfur Control
                             Requirements (Completion
                             of a Section 610 Review).
------------------------------------------------------------------------


                          35--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
391.......................  Formaldehyde Emissions             2070-AJ92
                             Standards for Composite
                             Wood Products (Reg Plan
                             Seq No. 133).
------------------------------------------------------------------------
References in boldface appear in The Regulatory Plan in part II of this
  issue of the Federal Register.


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


                            70--Prerule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
393.......................  Section 610 Review of              2040-AF46
                             National Pollutant
                             Discharge Elimination
                             System Permit Regulation
                             and Effluent Limitations
                             Guidelines Standards for
                             Concentrated Animal
                             Feeding Operations
                             (Section 610 Review).
------------------------------------------------------------------------


ENVIRONMENTAL PROTECTION AGENCY (EPA)

10

Prerule Stage

385.  Section 610 Review of Control of Emissions of Air 
Pollution From Nonroad Diesel Engines and Fuel (Section 610 Review)

    Legal Authority: 5 U.S.C. 610
    Abstract: The rulemaking ``Control of Emissions of Air Pollution 
From Nonroad Diesel Engines and Fuel'' was finalized by EPA in June 
2004 (69 FR 38958, June 29, 2004). This program set new emission 
standards for nonroad diesel engines, and fuel standards requiring 
sulfur reductions in nonroad diesel fuel. EPA developed a Small Entity 
Compliance Guide, which provides descriptions of the regulations and 
small entity provisions, Q&As, and other helpful compliance 
information. This new entry in the regulatory agenda announces that EPA 
will review this action pursuant to section 610 of the Regulatory 
Flexibility Act (5 U.S.C. 610) to determine if the provisions that 
could affect small entities should be continued without change, or 
should be rescinded or amended to minimize adverse economic impacts on 
small entities. As part of this review, EPA will consider and solicit 
comments on the following factors: (1) The continued need for the rule; 
(2) the nature of complaints or comments received from the public 
concerning the rule; (3) the complexity of the rule; (4) the extent to 
which the rule overlaps, duplicates, or conflicts with other Federal, 
State, or local government rules; and (5) the degree to which the 
technology, economic conditions or other factors have changed in the 
area affected by the rule. Comments must be received within 60 days of 
this notice. In submitting comments, please reference Docket ID EPA-HQ-
OAR-2013-0642 and follow the instructions provided in the preamble to 
this issue of the Regulatory Agenda. This docket can be accessed at 
www.regulations.gov.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Final Rule..........................   06/29/04  69 FR 38958
Begin Review........................   11/00/13  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Agency Contact: Tom Eagles, Environmental Protection Agency, Air 
and Radiation, 6103A, Washington, DC 20460, Phone: 202 564-1952, Fax: 
202 564-1554, Email: [email protected].
    RIN: 2060-AR91

ENVIRONMENTAL PROTECTION AGENCY (EPA)

10

Proposed Rule Stage

386. National Emission Standards for Hazardous Air Pollutants (NESHAP): 
Brick and Structural Clay Products Manufacturing and Clay Ceramics 
Manufacturing

    Legal Authority: Clean Air Act
    Abstract: This rulemaking will establish emission limits for 
hazardous air pollutants (hydrogen flouride (HF), hydrogen chloride 
(HCl) and metals) emitted from brick and clay ceramics kilns, as well 
as dryers and glazing operations at clay ceramics production 
facilities. The brick and structural clay products industry primarily 
includes facilities that manufacture brick, clay, pipe, roof tile, 
extruded floor and wall tile, and other extruded dimensional clay 
products from clay, shale, or a combination of the two. The 
manufacturing of brick and structural clay products involves mining, 
raw material processing (crushing, grinding, and screening), mixing, 
forming, cutting or shaping, drying, and firing. Ceramics are defined 
as a class of inorganic, nonmetallic solids that are subject to high 
temperature in manufacture and/or use. The clay ceramics manufacturing 
source category includes facilities that

[[Page 1221]]

manufacture traditional ceramics, which include ceramic tile, 
dinnerware, sanitary ware, pottery, and porcelain. The primary raw 
material used in the manufacture of these traditional ceramics is clay. 
The manufacturing of clay ceramics involves raw material processing 
(crushing, grinding, and screening), mixing, forming, shaping, drying, 
glazing, and firing.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   02/00/14  .......................
Final Rule..........................   12/00/14  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Jeff Telander, Environmental Protection Agency, Air 
and Radiation, D243-02, Research Triangle Park, NC 27711, Phone: 919 
541-5427, Fax: 919 541-5600, Email: [email protected].
    Keith Barnett, Environmental Protection Agency, Air and Radiation, 
D243-04, Research Triangle Park, NC 27711, Phone: 919 541-5605, Fax: 
919 541-5450, Email: [email protected].
    RIN: 2060-AP69

387. Standards of Performance for New Residential Wood Heaters, New 
Residential Hydronic Heaters and Forced-Air Furnaces, and New 
Residential Masonry Heaters

    Legal Authority: CAA Section 111(b)(1)(B)
    Abstract: EPA is revising the New Source Performance Standards 
(NSPS) for new residential wood heaters. This action is necessary 
because it updates the 1988 NSPS to reflect significant advancements in 
wood heater technologies and design, broadens the range of residential 
wood-heating appliances covered by the regulation, and improves and 
streamlines implementation procedures. This rule is expected to require 
manufacturers to redesign wood heaters to be cleaner and lower 
emitting. In general, the design changes would also make the heaters 
perform better and be more efficient. The revisions are also expected 
to streamline the process for testing new model lines by allowing the 
use of International Standards Organization (ISO)-accredited 
laboratories and certifying bodies, which will expand the number of 
facilities that can be used for testing and certification of the new 
model lines. This action is expected to include the following new 
residential wood-heating appliances: adjustable burn rate wood heaters, 
pellet stoves, single burn rate wood heaters, outdoor hydronic heaters 
(outdoor wood boilers), indoor hydronic heaters (indoor wood boilers), 
wood-fired forced air furnaces, and masonry heaters. These standards 
would apply only to new residential wood heaters and not to existing 
residential wood-heating appliances.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   11/00/13
Final Rule..........................   11/00/14
------------------------------------------------------------------------

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

388.  General Permits and Permits by Rule for the Tribal Minor 
New Source Review Program

    Legal Authority: 42 U.S.C. 7401 et seq.
    Abstract: The Tribal Minor New Source Review (NSR) program applies 
to new and modified minor sources and minor modifications at major 
sources of air pollution in Indian country. The program, established in 
2011, is implemented through issuance of preconstruction permits that 
can include, among other requirements, pollutant emission limits for 
minor sources and emission limitations on the potential of sources to 
emit pollution that would otherwise be considered major sources. This 
minor source program for Indian country is similar to state minor NSR 
programs. State minor NSR programs often use general permits and 
permits by rule as streamlined permitting approaches for similar 
emission units or stationary sources. This action provides general 
permits and permits by rule for certain source categories of minor 
sources wishing to locate in Indian country. This action proposes 
general permits for boilers and engines; and permits by rule (and 
general permits in the alternative) for printing operations (including 
degreasing and solvent cleaning); stone quarrying and processing; 
concrete batch plants and saw mills.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   01/00/14
Final Rule..........................   09/00/14
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Chris Stoneman, Environmental Protection Agency, 
Air and Radiation, C304-01, Research Triangle Park, NC 27711, Phone: 
919 541-0823, Fax: 919 541-0072, Email: [email protected].
    Mark Sendzik, Environmental Protection Agency, Air and Radiation, 
C-304.03, Research Triangle Park, NC 27711, Phone: 919 541-5534, Fax: 
919 541-0942, Email: [email protected].
    RIN: 2060-AR98

ENVIRONMENTAL PROTECTION AGENCY (EPA)

10

Final Rule Stage

389. Control of Air Pollution From Motor Vehicles: Tier 3 Motor Vehicle 
Emission and Fuel Standards

    Regulatory Plan: This entry is Seq. No. 130 in part II of this 
issue of the Federal Register.
    RIN: 2060-AQ86

ENVIRONMENTAL PROTECTION AGENCY (EPA)

10

Completed Actions

390. Section 610 Review of Heavy-Duty Engine and Vehicle Standards and 
Highway Diesel Fuel Sulfur Control Requirements (Completion of a 
Section 610 Review)

    Legal Authority: 5 U.S.C. 610
    Abstract: On January 18, 2001, EPA established new exhaust emission 
standards for heavy-duty highway engines and vehicles, and new quality 
standards for highway diesel fuel (66 FR 5002). Pursuant to section 610 
of the Regulatory Flexibility Act, on October 31, 2012, EPA initiated a 
review of this rule to determine if the provisions as they relate to 
small entities should be continued without change, or should be 
rescinded or amended to minimize adverse economic impacts on small 
entities (77 FR 65840). EPA has solicited comments on the following 
factors: (1) The continued need for the rule; (2) the nature of 
complaints or comments received from the public concerning the rule; 
(3) the complexity of the rule; (4) the extent to which the rule 
overlaps,

[[Page 1222]]

duplicates, or conflicts with other Federal, State, or local government 
rules; and (5) the degree to which technology, economic conditions, or 
other factors have changed in the area affected by the rule. The 
current heavy-duty engine and fuel standards program provided 
substantial flexibility for refiners, especially small refiners, and 
for manufacturers of engines and vehicles, and does not warrant 
revision at this time. See EPA's report summarizing the results of this 
review in the docket EPA-HQ-OAR-2012-0313. This docket can be accessed 
at www.regulations.gov.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Final Rule..........................   01/18/01  66 FR 5002
Begin Review........................   10/31/12  77 FR 65840
End Review..........................   08/30/13
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Agency Contact: Tad Wysor, Environmental Protection Agency, Air and 
Radiation, USEPA, Ann Arbor, MI 48105, Phone: 734 214-4332, Fax: 734 
214-4816, Email: [email protected].
    RIN: 2060-AR83

ENVIRONMENTAL PROTECTION AGENCY (EPA)

35

Final Rule Stage

391. Formaldehyde Emissions Standards for Composite Wood Products

    Regulatory Plan: This entry is Seq. No. 133 in part II of this 
issue of the Federal Register.
    RIN: 2070-AJ92

ENVIRONMENTAL PROTECTION AGENCY (EPA)

60

Long-Term Actions

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

    Legal Authority: 42 U.S.C. 9601 et seq.; 42 U.S.C. 9608 (b)
    Abstract: Section 108(b) of the Comprehensive Environmental 
Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, 
establishes certain authorities concerning financial responsibility 
requirements. The Agency has identified classes of facilities within 
the Hard Rock mining industry as those for which financial 
responsibility requirements will be first developed. EPA intends to 
include requirements for financial responsibility, as well as 
notification and implementation.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Notice..............................   07/28/09  74 FR 37213
NPRM................................   08/00/16
------------------------------------------------------------------------

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

ENVIRONMENTAL PROTECTION AGENCY (EPA)

70

Prerule Stage

393. Section 610 Review of National Pollutant Discharge Elimination 
System Permit Regulation and Effluent Limitations Guidelines Standards 
for Concentrated Animal Feeding Operations (Section 610 Review)

    Legal Authority: 5 U.S.C. 610
    Abstract: The EPA promulgated revised regulations for Concentrated 
Animal Feeding Operations (CAFOs) on February 12, 2003 (68 FR 7175). 
The ``2003 CAFO Rule'' expanded the number of operations covered by the 
CAFO regulations and included requirements to address the land 
application of manure from CAFOs. The 2003 CAFO Rule required all CAFOs 
to seek NPDES permit coverage. The EPA developed a Final Regulatory 
Flexibility Analysis (FRFA) for the 2003 CAFO Rule. The EPA took 
several steps to minimize the impacts of the 2003 CAFO Rule on small 
businesses, including regulatory revisions designed to focus on the 
largest producers, eliminating the ``mixed'' animal calculation for 
operations with more than a single animal type for determining which 
Animal Feeding Operations (AFOs) are CAFOs, raising the duck threshold 
for dry manure handling duck operations, and adopting a dry-litter 
chicken threshold higher than proposed. There have been a number of 
changes to the 2003 regulations due to court decisions based on legal 
challenges to the rulemaking; however, this action only pertains to the 
2003 rule. Pursuant to section 610 of the Regulatory Flexibility Act, 
on October 31, 2012, the EPA initiated a review of the 2003 CAFO rule 
to determine if the provisions as they relate to small entities should 
be continued without change, or should be rescinded or amended to 
minimize adverse economic impacts on small entities (77 FR 65840). The 
EPA has solicited comments on, and will consider, the following 
factors: (1) The continued need for the rule; (2) the nature of 
complaints or comments received from the public concerning the rule; 
(3) the complexity of the rule; (4) the extent to which the rule 
overlaps, duplicates, or conflicts with other Federal, State, or local 
Government rules; and (5) the degree to which technology, economic 
conditions, or other factors have changed in the area affected by the 
rule. After publication, the EPA received requests for additional time 
to submit comments and extended the public comment period until March 
1, 2013 (78 FR 277). The results of the EPA's review will be summarized 
in a report and placed in the rulemaking docket at the conclusion of 
this review. This review's Docket ID number is EPA-HQ-OW-2012-0813; the 
docket can be accessed at www.regulations.gov.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Final Rule..........................   02/12/03  68 FR 7176
Begin Review........................   10/31/12  77 FR 65840
Comment Period Extended.............   01/03/13  78 FR 277
End Review..........................   11/00/13
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Agency Contact: Hema Subramanian, Environmental Protection Agency, 
Water, 4203M, Washington, DC 20460, Phone: 202 564-5041, Fax: 202 564-
6384, Email: [email protected].
    RIN: 2040-AF46

[FR Doc. 2013-29640 Filed 1-6-14; 8:45 am]
BILLING CODE 6560-50-P