[Federal Register Volume 80, Number 240 (Tuesday, December 15, 2015)]
[Proposed Rules]
[Pages 78024-78030]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-30656]



[[Page 78023]]

Vol. 80

Tuesday,

No. 240

December 15, 2015

Part XVII





Environmental Protection Agency





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Semiannual Regulatory Agenda

  Federal Register / Vol. 80 , No. 240 / Tuesday, December 15, 2015 / 
Unified Agenda  

[[Page 78024]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Ch. I

[EPA-HQ-OW-2015-0541; FRL 9934-65-OP]


Fall 2015 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 currently under development,
     Reviews of existing regulations, and
     Rules 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, EPA 
reviews its existing regulations under Executive Order 13563, 
``Improving Regulation and Regulatory Review.'' This Executive order 
provides for periodic retrospective review of existing 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 its 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 you provide examples to illustrate your concerns and 
offer specific alternatives.
    EPA believes its actions will be more cost effective and protective 
if the

[[Page 78025]]

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 www2.epa.gov/open.

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

    EPA includes regulations 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.
    Meanwhile, 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 initiating one 610 review 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 November 2016. We urge 
you to explore becoming involved even if an action is listed in the 
Long-Term category.
    5. Completed Actions--This section contains actions that have been 
promulgated and published in the Federal Register since publication of 
the spring 2015 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 Executive Order 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 Executive 
Order 12866.
    Major: A rule is ``major'' under 5 U.S.C. 801 if it has resulted or 
is likely to result in an annual effect on the economy of $100 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 (2 U.S.C. 1501 et seq.). The Act 
generally requires that federal agencies prepare a written statement, 
including a cost-

[[Page 78026]]

benefit analysis, for each proposed and final rule with ``federal 
mandates'' 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 10/00/16 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

    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 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 
initiating one 610 review at this time.

[[Page 78027]]



------------------------------------------------------------------------
          Review title                   RIN              Docket ID #
------------------------------------------------------------------------
Section 610 Review of National   2040-AF58            EPA-HQ-OW-2015-054
 Primary Drinking Water                                1
 Regulations: Ground Water Rule.
------------------------------------------------------------------------

    EPA established an official public docket for the 610 Review. If 
you would like to provide feedback, submit your comments, identified by 
Docket ID No. EPA-HQ-OW-2015-0541, to the Federal eRulemaking Portal: 
http://www.regulations.gov. Follow the online instructions for 
submitting comments. Once submitted, comments cannot be edited or 
withdrawn. The EPA may publish any comment received to its public 
docket. Do not submit electronically any information you consider to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Multimedia submissions (audio, 
video, etc.) must be accompanied by a written comment. The written 
comment is considered the official comment and should include 
discussion of all points you wish to make. The EPA generally will not 
consider comments or comment contents located outside of the primary 
submission (i.e. on the web, cloud, or other file sharing system). For 
additional submission methods, the full EPA public comment policy, 
information about CBI or multimedia submissions, and general guidance 
on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

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 EPA's RFA/SBREFA Web site at http://www2.epa.gov/reg-flex.

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: September 21, 2015.
Shannon Kenny,
Principal Deputy Associate Administrator, Office of Policy.

                         10--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
365.......................  Oil and Natural Gas                2060-AS30
                             Sector: Emission
                             Standards for New and
                             Modified Sources (Reg
                             Plan Seq No. 105).
------------------------------------------------------------------------
References in boldface appear in The Regulatory Plan in part II of this
  issue of the Federal Register.


                          10--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
366.......................  General Permits and                2060-AR98
                             Permits by Rule for the
                             Federal Minor New Source
                             Review Program in Indian
                             Country for Six Source
                             Categories.
367.......................  Greenhouse Gas Emissions           2060-AS16
                             and Fuel Efficiency
                             Standards for Medium- and
                             Heavy-Duty Engines and
                             Vehicles--Phase 2 (Reg
                             Plan Seq No. 115).
------------------------------------------------------------------------
References in boldface appear in The Regulatory Plan in part II of this
  issue of the Federal Register.


                          10--Long-Term Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
368.......................  Federal Plan Requirements          2060-AS78
                             for Greenhouse Gas
                             Emissions From Electric
                             Utility Generating Units
                             Constructed on or Before
                             January 8, 2014.
------------------------------------------------------------------------


                          10--Completed Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
369.......................  NESHAP for Brick and               2060-AP69
                             Structural Clay Products
                             Manufacturing and NESHAP
                             for Clay Ceramics
                             Manufacturing.
------------------------------------------------------------------------


[[Page 78028]]


                          35--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
370.......................  Formaldehyde Emission              2070-AJ44
                             Standards for Composite
                             Wood Products (Reg Plan
                             Seq No. 119).
------------------------------------------------------------------------
References in boldface appear in The Regulatory Plan in part II of this
  issue of the Federal Register.


                          35--Completed Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
371.......................  Formaldehyde Emissions             2070-AJ92
                             Standards for Composite
                             Wood Products.
------------------------------------------------------------------------


                         60--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
372.......................  Financial Responsibility           2050-AG61
                             Requirements Under CERCLA
                             Section 108(b) for
                             Classes of Facilities in
                             the Hard Rock Mining
                             Industry (Reg Plan Seq
                             No. 111).
------------------------------------------------------------------------
References in boldface appear in The Regulatory Plan in part II of this
  issue of the Federal Register.


                            72--Prerule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
373.......................  Section 610 Review of              2040-AF58
                             National Primary Drinking
                             Water Regulations: Ground
                             Water Rule (Section 610
                             Review).
------------------------------------------------------------------------


ENVIRONMENTAL PROTECTION AGENCY (EPA)

10

Proposed Rule Stage

365. Oil and Natural Gas Sector: Emission Standards for New and 
Modified Sources

    Regulatory Plan: This entry is Seq. No. 105 in part II of this 
issue of the Federal Register.
    RIN: 2060-AS30

ENVIRONMENTAL PROTECTION AGENCY (EPA)

10

Final Rule Stage

366. General Permits and Permits by Rule for the Federal Minor New 
Source Review Program in Indian Country for Six Source Categories

    Legal Authority: 42 U.S.C. 7401 et seq. Clean Air Act
    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 a few 
State programs allow permits by rule as streamlined permitting 
approaches for similar emission units or stationary sources. This 
action finalizes general permits and permits by rule for certain source 
categories of minor sources wishing to locate in Indian country. This 
action finalizes general permits for the following five source 
categories: Boilers, spark ignition engines, compression ignition 
engines, concrete batch plants, and sawmills. This action finalizes a 
general permit (and a permit by rule in the alternative) for graphic 
arts and printing operations.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   07/17/14  79 FR 41845
NPRM Comment Period Extended........   08/19/14  79 FR 49031
Final Rule..........................   01/00/16
------------------------------------------------------------------------

    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, 
C304-03, Research Triangle Park, NC 27711, Phone: 919 541-5534, Fax: 
919 541-0942, Email: [email protected].
    RIN: 2060-AR98

367. Greenhouse Gas Emissions and Fuel Efficiency Standards for Medium- 
and Heavy-Duty Engines and Vehicles--Phase 2

    Regulatory Plan: This entry is Seq. No. 115 in part II of this 
issue of the Federal Register.
    RIN: 2060-AS16


[[Page 78029]]



ENVIRONMENTAL PROTECTION AGENCY (EPA)

10

Long-Term Actions

368.  Federal Plan Requirements for Greenhouse Gas Emissions 
From Electric Utility Generating Units Constructed on or Before January 
8, 2014

    Legal Authority: 42 U.S.C. 7401 et seq. Clean Air Act
    Abstract: The EPA is planning to finalize Federal plans for 
Greenhouse Gas Emissions from Electric Generating Units for States that 
do not submit plans or initial submittals by September 6, 2016. This 
plan is part of the President's June 2013 Climate Action Plan to reduce 
carbon emissions from the power sector by 30 percent below 2005 levels. 
This Federal plan serves to set in place a plan that the EPA can 
implement for States that do not develop a State plan. In a separate 
action, the EPA is finalizing model trading rules that the States can 
follow in developing their own plans in order to capitalize on the 
flexibility built into the final emission guidelines (EGs). The EPA 
intends to finalize both the rate-based and mass-based model trading 
rules in summer 2016. The EPA sees this Federal plan as an interim 
measure to ensure that congressionally mandated emission standards 
under authority of sections 111 and 129 of the Clean Air Act are 
implemented until States assume their role as the preferred 
implementers of the EGs. The EPA will finalize a Federal plan for only 
a given State in the event that the State does not submit an approvable 
plan by the deadlines specified in the final EGs and the EPA takes 
action finding that the State has failed to submit a plan, or 
disapproving a submitted plan because it does not meet the requirements 
of the EGs. Indeed, States may simply choose to accept a Federal plan 
for their sources rather than undertake the development of a plan of 
their own by not submitting a State plan. Under this final rule, a 
Federal plan promulgated for a particular State would take the form of 
either the mass-based model trading rule or the rate-based model 
trading rule.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Final Rule..........................           To Be Determined
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Toni Jones, Environmental Protection Agency, Air 
and Radiation, E143-03, Research Triangle Park, NC 27711, Phone: 919 
541-0316, Fax: 919 541-3470, Email: [email protected].
    Nicholas Swanson, Environmental Protection Agency, Air and 
Radiation, E143-03, Research Triangle Park, NC 27711, Phone: 919 541-
4080, Fax: 919 541-1039, Email: [email protected].
    RIN: 2060-AS78

ENVIRONMENTAL PROTECTION AGENCY (EPA)

10

Completed Actions

369. NESHAP for Brick and Structural Clay Products Manufacturing and 
NESHAP for Clay Ceramics Manufacturing

    Legal Authority: 42 U.S.C. 7401 et seq. Clean Air Act
    Abstract: This final rulemaking establishes emission limits for 
hazardous air pollutants (hydrogen flouride (HF), hydrogen chloride 
(HCl), chlorine (Cl\2\), particulate matter (PM), dioxin/furan, mercury 
(Hg) 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, 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................................   12/18/14  79 FR 75621
NPRM Comment Period Extended........   12/31/14  79 FR 78768
Final Rule..........................   10/26/15  80 FR 65469
Final Rule Effective................   12/28/15
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Sharon Nizich, Environmental Protection Agency, Air 
and Radiation, D243, Research Triangle Park, NC 27711, Phone: 919 541-
2825, Fax: 919 541-5450, Email: [email protected].
    Keith Barnett, Environmental Protection Agency, Air and Radiation, 
D243-04, Research Triangle Park, NC 27711, Phone: 919 541-5605, Fax: 
919 541-5450, Email: [email protected].
    RIN: 2060-AP69

ENVIRONMENTAL PROTECTION AGENCY (EPA)

35

Final Rule Stage

370. Formaldehyde Emission Standards for Composite Wood Products

    Regulatory Plan: This entry is Seq. No. 119 in part II of this 
issue of the Federal Register.
    RIN: 2070-AJ44

ENVIRONMENTAL PROTECTION AGENCY (EPA)

35

Completed Actions

371. Formaldehyde Emissions Standards for Composite Wood Products

    Legal Authority: 15 U.S.C. 2697 Toxic Substances Control Act
    Abstract: This entry addressed one of two rulemakings that have now 
been combined into a single entry under RIN 2070-AJ44. As noted in the 
previously published Regulatory Agenda entry for each rulemaking, EPA 
has decided to issue a single final rule that addresses both of the 
2013 proposals. Therefore, this action is being withdrawn as a separate 
entry because it has been combined and is now included under the entry 
entitled ``Formaldehyde Emissions Standards for Composite Wood Products 
'' (RIN 2070-AJ44).
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   06/10/13  78 FR 34820
NPRM Comment Period Extended........   07/23/13  78 FR 44089

[[Page 78030]]

 
NPRM Comment Period Extended........   08/21/13  78 FR 51695
Notice..............................   04/08/14  79 FR 19305
NPRM Comment Period Extended........   05/09/14  79 FR 26678
Withdrawn...........................   08/20/15
------------------------------------------------------------------------

    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].
    Erik Winchester, Environmental Protection Agency, Office of 
Chemical Safety and Pollution Prevention, 7404T, Washington, DC 20460, 
Phone: 202 564-6450, Email: [email protected].
    RIN: 2070-AJ92

ENVIRONMENTAL PROTECTION AGENCY (EPA)

60

Proposed Rule Stage

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

    Regulatory Plan: This entry is Seq. No. 111 in part II of this 
issue of the Federal Register.
    RIN: 2050-AG61

ENVIRONMENTAL PROTECTION AGENCY (EPA)

72

Prerule Stage

373.  Section 610 Review of National Primary Drinking Water 
Regulations: Ground Water Rule (Section 610 Review)

    Legal Authority: 5 U.S.C. 610
    Abstract: EPA published the Ground Water Rule (GWR) in the Federal 
Register on November 8, 2006. The purpose of the rule is to provide for 
increased protection against microbial pathogens in public water 
systems that use ground water sources. EPA is particularly concerned 
about ground water systems that are susceptible to fecal contamination 
since disease-causing pathogens may be found in fecal contamination. 
The GWR applies to public water systems that serve ground water. The 
rule also applies to any system that mixes surface and ground water if 
the ground water is added directly to the distribution system and 
provided to consumers without treatment. This new entry in the 
regulatory agenda announces that EPA will review this action in the 
fall of 2015 pursuant to section 610 of the Regulatory Flexibility Act 
(5 U.S.C. 610). As part of this review, EPA solicits comments for 
consideration on the following factors: (1) The continued need for the 
rule; (2) the nature of complaints or comments received 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. Submit your comments, identified by Docket ID No. EPA-HQ-OW-2015-
0541 to the Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Final Rule..........................   11/08/06  71 FR 65573
Begin Review........................   11/00/15
End Review..........................   04/00/16
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Agency Contact: Crystal Rodgers-Jenkins, Environmental Protection 
Agency, Water, 4607M, Washington, DC 20460, Phone: 202 564-5275, Fax: 
202 564-3767, Email: [email protected].
    Stephanie Flaharty, Environmental Protection Agency, Water, 4601M, 
Washington, DC 20460, Phone: 202 564-5072, Email: 
[email protected].
    RIN: 2040-AF58

[FR Doc. 2015-30656 Filed 12-14-15; 8:45 am]
BILLING CODE 6560-50-P