[Federal Register Volume 79, Number 114 (Friday, June 13, 2014)]
[Proposed Rules]
[Pages 34116-34125]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-13130]
[[Page 34115]]
Vol. 79
Friday,
No. 114
June 13, 2014
Part XVI
Environmental Protection Agency
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Semiannual Regulatory Agenda
Federal Register / Vol. 79 , No. 114 / Friday, June 13, 2014 /
Unified Agenda
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Ch. I
[EPA-HQ-OW-2012-0813, EPA-HQ-OAR-2013-0642; FRL 9907-33-OP]
Spring 2014 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 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 Services
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.
C. How can you be involved in EPA's rule and policymaking process?
You can make your voice heard by getting in touch with the contact
person provided in each agenda entry. EPA encourages you to participate
as early in the process as possible. You may also participate by
commenting on proposed rules published in the Federal Register (FR).
Instructions on how to submit your comments are provided in each
Notice of Proposed Rulemaking (NPRM). To be most effective, comments
should contain information and data that support your position and you
also should explain why EPA should incorporate your suggestion in the
rule or other type of action. You can be particularly helpful and
persuasive if
[[Page 34117]]
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 has two 610 reviews ongoing at this time.
E. How is the E-Agenda organized?
You can choose how to organize the agenda entries online by
specifying the characteristics of the entries of interest in the
desired individual data fields for both the www.reginfo.gov and
www.regulations.gov versions of the e-Agenda. You can sort based on the
following characteristics: EPA subagency; stage of rulemaking, which is
explained below; alphabetically by title; and by the Regulation
Identifier Number (RIN), which is assigned sequentially when an action
is added to the agenda. Each entry in the Agenda is associated with one
of five rulemaking stages. The rulemaking stages are:
1. Prerule Stage--This section includes EPA actions generally
intended to determine whether the agency should initiate rulemaking.
Prerulemakings may include anything that influences or leads to
rulemaking, such as Advance Notices of Proposed Rulemaking (ANPRMs),
studies, or analyses of the possible need for regulatory action.
2. Proposed Rule Stage--This section includes EPA rulemaking
actions that are within a year of proposal (publication of Notices of
Proposed Rulemakings [NPRMs]).
3. Final Rule Stage--This section includes rules that will be
issued as a final rule within a year.
4. Long-Term Actions--This section includes rulemakings for which
the next scheduled regulatory action is after April 2015. 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 fall 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 E.O. 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 E.O. 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 34118]]
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 (E.O.), or common name of the law
that authorizes the regulatory action.
CFR Citation: The sections of the Code of Federal Regulations that
would be affected by the action.
Legal Deadline: An indication of whether the rule is subject to a
statutory or judicial deadline, the date of that deadline, and whether
the deadline pertains to a Notice of Proposed Rulemaking, a Final
Action, or some other action.
Abstract: A brief description of the problem the action will
address.
Timetable: The dates and citations (if available) for all past
steps and a projected date for at least the next step for the
regulatory action. A date displayed in the form 10/00/14 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 E.O. 13211.
Sectors Affected: Indicates the main economic sectors regulated by
the action. The regulated parties are identified by their North
American Industry Classification System (NAICS) codes. These codes were
created by the Census Bureau for collecting, analyzing, and publishing
statistical data on the U.S. economy. There are more than 1,000 NAICS
codes for sectors in agriculture, mining, manufacturing, services, and
public administration.
International Trade Impacts: Indicates whether the action is likely
to have international trade or investment effects, or otherwise be of
international interest.
Agency Contact: The name, address, phone number, and email address,
if available, of a person who is knowledgeable about the regulation.
Additional Information: Other information about the action
including docket information.
URLs: For some actions, the Internet addresses are included for
reading copies of rulemaking documents, submitting comments on
proposals, and getting more information about the rulemaking and the
program of which it is a part. (Note: To submit comments on proposals,
you can go to the associated electronic docket, which is housed at
www.regulations.gov. Once there, follow the online instructions to
access the docket in question and submit comments. A docket
identification [ID] number will assist in the search for materials.)
RIN: The Regulation Identifier Number is used by OMB to identify
and track rulemakings. The first four digits of the RIN identify the
EPA office with lead responsibility for developing the action.
G. How can you find out about rulemakings that start up after the
Regulatory Agenda is signed?
EPA posts monthly information of new rulemakings that the Agency's
senior managers have decided to develop. This list is also distributed
via email. You can find the current list, known as the Action
Initiation List (AIL), at http://www2.epa.gov/laws-regulations/actions-initiated-month where you will also find information about how to get
an email notification when a new list is posted.
H. What tools are available for mining Regulatory Agenda data and for
finding more about EPA rules and policies?
1. The http://www.reginfo.gov/ Searchable Database
The Regulatory Information Service Center and Office of Information
and Regulatory Affairs have a Federal regulatory dashboard that allows
users to view the Regulatory Agenda database (http://www.reginfo.gov/public/do/eAgendaMain), which includes search, display, and data
transmission options.
2. Subject Matter EPA Web Sites
Some actions listed in the Agenda include a URL that provides
additional information about the action.
3. Public Dockets
When EPA publishes either an Advance Notice of Proposed Rulemaking
(ANPRM) or a Notice of Proposed Rulemaking (NPRM) in the Federal
Register, the Agency typically establishes a docket to accumulate
materials throughout the development process for that rulemaking. The
docket serves as the repository for the collection of documents or
information related to a particular Agency action or activity. EPA most
commonly uses dockets for rulemaking actions, but dockets may also be
used for RFA section 610 reviews of rules with significant economic
impacts on a substantial number of small entities and for various non-
rulemaking activities, such as Federal Register documents seeking
public comments on draft guidance, policy statements, information
collection requests under the Paperwork Reduction Act (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.
[[Page 34119]]
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 has two
610 reviews ongoing at this time.
------------------------------------------------------------------------
Review title RIN Docket ID
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Section 610 Review of 2060-AR91 EPA-HQ-OAR-2013-0642.
Control of Emissions of Air
Pollution from Nonroad
Diesel Engines and Fuel.
Section 610 Review of 2040-AF46 EPA-HQ-OW-2012-0813.
National Pollutant
Discharge Elimination
System Permit Regulation
and Effluent Limitations
Guidelines Standards for
Concentrated Animal Feeding
Operations.
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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: February 28, 2014.
Sandra Connors,
Acting Principal Deputy Associate Administrator, Office of Policy.
10--Prerule Stage
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Regulation
Sequence No. Title Identifier No.
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232....................... Section 610 Review of 2060-AR91
Control of Emissions of
Air Pollution From
Nonroad Diesel Engines
and Fuel (Section 610
Review).
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10--Proposed Rule Stage
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Regulation
Sequence No. Title Identifier No.
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233....................... National Emission 2060-AP69
Standards for Hazardous
Air Pollutants (NESHAP):
Brick and Structural Clay
Products Manufacturing
and Clay Ceramics
Manufacturing.
234....................... Greenhouse Gas Emissions 2060-AS16
and Fuel Efficiency
Standards for Medium- and
Heavy-Duty Engines and
Vehicles--Phase 2.
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10--Final Rule Stage
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Regulation
Sequence No. Title Identifier No.
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235....................... Standards of Performance 2060-AP93
for New Residential Wood
Heaters, New Residential
Hydronic Heaters and
Forced-Air Furnaces, and
New Residential Masonry
Heaters.
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[[Page 34120]]
10--Completed Actions
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Regulation
Sequence No. Title Identifier No.
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236....................... Control of Air Pollution 2060-AQ86
From Motor Vehicles: Tier
3 Motor Vehicle Emission
and Fuel Standards.
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35--Final Rule Stage
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Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
237....................... Formaldehyde Emissions 2070-AJ92
Standards for Composite
Wood Products.
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60--Long-Term Actions
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Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
238....................... Financial Responsibility 2050-AG61
Requirements Under CERCLA
Section 108(b) for
Classes of Facilities in
the Hard Rock Mining
Industry.
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70--Prerule Stage
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Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
239....................... 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).
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ENVIRONMENTAL PROTECTON AGENCY (EPA)
10
Prerule Stage
232. 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 entry in the regulatory agenda describes EPA's review
of 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 is considering 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. The results of 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-OAR-2013-0642; the docket can be
accessed at www.regulations.gov.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Final Rule.......................... 06/29/04 69 FR 38958
Begin Review........................ 01/07/14 79 FR 1216
End Review.......................... 05/00/14
------------------------------------------------------------------------
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-AR91
ENVIRONMENTAL PROTECTION AGENCY (EPA)
10
Proposed Rule Stage
233. 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 manufacture traditional
ceramics, which include ceramic tile, dinnerware,
[[Page 34121]]
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................................ 09/00/14 .......................
Final Rule.......................... 07/00/15 .......................
------------------------------------------------------------------------
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
234. Greenhouse Gas Emissions and Fuel Efficiency Standards
for Medium- and Heavy-Duty Engines and Vehicles--Phase 2
Legal Authority: Clean Air Act sec 202(a)
Abstract: During the President's second term, EPA and the
Department of Transportation, in close coordination with the California
Air Resources Board, plan to develop a comprehensive National Program
for Medium- and Heavy-Duty Vehicle Greenhouse Gas Emission and Fuel
Efficiency Standards for model years beyond 2018. This action will
follow the first ever Greenhouse Gas Emissions Standards and Fuel
Efficiency Standards for Medium- and Heavy-Duty Engines and Vehicles
(75 FR September 15, 2011). The second set of standards would further
reduce greenhouse gas emissions and fuel consumption from a wide range
of on-road vehicles from semi-trucks and their trailers to the largest
pickup trucks and vans, and all types and sizes of work trucks and
buses. This action would be in continued response to the President's
directive to take coordinated steps to produce a new generation of
clean vehicles.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 03/00/15 .......................
Final Action........................ 03/00/16 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Matt Spears, Environmental Protection Agency, Air
and Radiation, Mail Code: ASD1, Ann Arbor, MI 48105, Phone: 734 214-
4921, Fax: 734 214-4816, Email: [email protected].
Charles Moulis, Environmental Protection Agency, Air and Radiation,
NFEVL, Ann Arbor, MI 48105, Phone: 734 214-4826.
RIN: 2060-AS16
ENVIRONMENTAL PROTECTION AGENCY (EPA)
10
Final Rule Stage
235. Standards of Performance for New Residential Wood Heaters, New
Residential Hydronic Heaters and Forced-Air Furnaces, and New
Residential Masonry Heaters
Legal Authority: CAA sec 111(b)(1)(B)
Abstract: On February 3, 2014, EPA published proposed revisions to
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. The final rule is expected to be promulgated
in February 2015.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 02/03/14 79 FR 6329
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
ENVIRONMENTAL PROTECTION AGENCY (EPA)
10
Completed Actions
236. Control of Air Pollution From Motor Vehicles: Tier 3 Motor Vehicle
Emission and Fuel Standards
Legal Authority: Clean Air Act sec 202(a); Clean Air Act sec
202(k); Clean Air Act sec 211(c)
Abstract: This action establishes more stringent vehicle emissions
standards and reduces the sulfur content of gasoline as part of a
systems approach to addressing the impacts of motor vehicles and fuels
on air quality and public health. The rule is expected to result in
significant reductions in pollutants such as ozone, particulate matter,
and air toxics across the country and help state and local agencies in
their efforts to attain and maintain health-based National Ambient Air
Quality Standards. These final vehicle standards harmonize with
California's Low Emission Vehicle program with a few exceptions. The
vehicle standards also coordinate with the light-duty vehicle
greenhouse gas standards for model years 2017-2025, creating a
nationwide alignment of vehicle programs for criteria pollutant and
greenhouse gases.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 05/21/13 78 FR 29815
NPRM Comment Period Extended........ 05/29/13 78 FR 32223
Final Rule.......................... 04/28/14 79 FR 23413
Final Rule Effective................ 06/27/14 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
[[Page 34122]]
Agency Contact: Catherine Yanca, Environmental Protection Agency,
Air and Radiation, NVFEL S87, Ann Arbor, MI 48105, Phone: 734 214-4769,
Email: [email protected].
Kathryn Sargeant, Environmental Protection Agency, Air and
Radiation, NVFEL S77, Ann Arbor, MI 48105, Phone: 734 214-4441, Email:
[email protected].
RIN: 2060-AQ86
ENVIRONMENTAL PROTECTION AGENCY (EPA)
35
Final Rule Stage
237. Formaldehyde Emissions Standards for Composite Wood Products
Legal Authority: 15 U.S.C. 2697; TSCA sec 601
Abstract: On July 7, 2010, the Formaldehyde Standards for Composite
Wood Products Act was enacted as Title VI of Toxic Substances Control
Act (TSCA), 15 U.S.C. 2697, and requires that EPA promulgate
implementing regulations to establish specific formaldehyde emission
limits for hardwood plywood, particleboard, and medium-density
fiberboard, which limits are identical to the California emission
limits for these products. On June 10, 2013, EPA proposed regulations
to implement emissions standards established by TSCA title VI for
composite wood products sold, supplied, offered for sale, or
manufactured in the United States. Pursuant to TSCA section 3(7), the
definition of ``manufacture'' includes import. As required by title VI,
these regulations apply to hardwood plywood, medium-density fiberboard,
and particleboard. TSCA title VI also directs EPA to promulgate
supplementary provisions to ensure compliance with the emissions
standards, including provisions related to labeling; chain of custody
requirements; sell-through provisions; ULEF resins; no-added
formaldehyde-based resins; finished goods; third-party testing and
certification; auditing and reporting of third-party certifiers;
recordkeeping; enforcement; laminated products; and exceptions from the
requirements of regulations promulgated pursuant to this subsection for
products and components containing de minimis amounts of composite wood
products. A separate Regulatory Agenda entry (RIN 2070-AJ44) addresses
requirements for accrediting bodies and third-party certifiers.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 06/10/13 78 FR 34820
NPRM Comment Period End............. 07/23/13 78 FR 44089
Final Rule.......................... 10/00/14 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Cindy Wheeler, Environmental Protection Agency,
Office of Chemical Safety and Pollution Prevention, 7404T, Washington,
DC 20460, Phone: 202 566-0484, Email: [email protected].
Lynn Vendinello, Environmental Protection Agency, Office of
Chemical Safety and Pollution Prevention, 7404T, Washington, DC 20460,
Phone: 202 566-0514, Email: [email protected].
RIN: 2070-AJ92
ENVIRONMENTAL PROTECTION AGENCY (EPA)
60
Long-Term Actions
238. 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
239. 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: 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. EPA developed a Final Regulatory
Flexibility Analysis (FRFA) for the 2003 CAFO Rule. 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). 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.
[[Page 34123]]
After publication, 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.......................... 05/00/14 .......................
------------------------------------------------------------------------
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].
Katherine Telleen, Environmental Protection Agency, Washington, DC
20460, Phone: 202 564-7933, Email: [email protected].
RIN: 2040-AF46
[FR Doc. 2014-13130 Filed 6-12-14; 8:45 am]
BILLING CODE 6560-50-P