Legal Deadline: None Abstract: As part of its response to the Paperwork Reduction Act, EPA formed the RCRA Burden Reduction Initiative. The Agency is reviewing additional Burden Reduction opportunities, some of which were proposed but not included in the Burden Reduction Initiative final rule. Additionally, EPA will look for opportunities for burden reduction within the Biennial Report. Moving from a paper system to an electronic system focused on VerDate May< 05> 2003 14: 34 May 16, 2003 Jkt 200001 PO 00000 Frm 00141 Fmt 1254 Sfmt 1254 D:\ UNIFIED\ PRESSD~ 1\ UA030424. TXT apps41 PsN: UA030424 31082 Federal Register / Vol. 68, No. 101 / Tuesday, May 27, 2003 / Unified Agenda EPA   Resource Conservation and Recovery Act ( RCRA) Long Term Actions information gathered and generated by Treatment, Storage, and Disposal Facilities may provide for significant Burden Reduction savings. We're developing options and a proposal.

Timetable:

Action Date NPRM To Be Determined Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal, State, Local, Tribal Additional Information: SAN No. 4735 Agency Contact: Robert Burchard, Environmental Protection Agency, Solid Waste and Emergency Response, 5302W, Washington, DC 20460 Phone: 703 308 8450 Fax: 703 308 8433 Email: burchard. robert@ epa. gov RIN: 2050   AF01 3346. FINAL DETERMINATION OF THE APPLICABILITY OF THE TOXICITY CHARACTERISTIC RULE TO PETROLEUM CONTAMINATED MEDIA AND DEBRIS FROM UNDERGROUND STORAGE TANKS Priority: Substantive, Nonsignificant Legal Authority: 42 USC 6921 RCRA 3001 CFR Citation: 40 CFR 261 Legal Deadline: None Abstract: In the final hazardous waste Toxicity Characteristic ( TC) rule published in June 1990, EPA decided to temporarily defer application of the TC rule to petroleum contaminated media and debris, such as soils and groundwater, that result from underground storage tank ( UST) corrective actions. This rule is part of the Agency's commitment to make a final determination regarding the UST temporary deferral. The temporary deferral was, in part, based on the Agency's concern that without such a deferral, UST cleanup procedures would be adversely affected, resulting in delays in remedial action and increases in remediation costs. Since this action is deregulatory, there are no adverse effects on small businesses, or on State, local, or tribal governments. Timetable:

Action Date NPRM 02/ 12/ 93 58 FR 8504 Final Action 12/ 00/ 05 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Undetermined Additional Information: SAN No. 3189 Agency Contact: Sammy Ng, Environmental Protection Agency, Solid Waste and Emergency Response, 5401G, Washington, DC 20460 Phone: 703 603 7166 Fax: 202 260 9163 Email: ng. sammy@ epa. gov RIN: 2050   AD69 3347. REVISIONS FOR TRANSBOUNDARY SHIPMENTS OF HAZARDOUS WASTE FOR RECOVERY WITHIN THE ORGANIZATION FOR ECONOMIC COOPERATION AND DEVELOPMENT Priority: Substantive, Nonsignificant Legal Authority: 42 USC 6901 et seq CFR Citation: 40 CFR 262 subpart H ( Revision) Legal Deadline: None Abstract: The Agency is considering changing the existing regulation 40 CFR 262 subpart H, which regulates transboundary movement of hazardous waste within all countries that are members of the Organization for Economic Cooperation and Development ( OECD). This is in response to the fact that there is now approximately $ 30 40 billion in annual trade among developed countries in waste recyclables, with the United States having a positive trade balance. Because each of the developed countries ( the 30 OECD countries) had a different system for controlling the exports and imports of waste, including recyclables, the international recycling market was not as efficient as it could be. A more streamlined, uniform system for exports and imports will also increase recycling and lessen disposal. The U. S. was actively involved in the negotiation of a legallybinding OECD multilateral agreement to create a more streamlined system. OECD Member countries are then obligated to transfer the terms of the multilateral agreement to their domestic regulations in order for the multilateral agreement to have legal authority. This regulation would be amended to comply with changes passed by the OECD Council. Existing waste lists may be restructured to comply with the new OECD waste lists. As such, previously existing waste lists may be renamed according to adopted OECD terminology. Shipments of small waste amounts destined for laboratory analysis may be exempted from filing certain paperwork requirements that are otherwise required. A certificate of recovery may be required upon final recovery of wastes and timeframes for recovery operations may be changed to reflect the decisions made by the OECD Council. This needs to have a Federal solution because international exports and imports are overseen at the Federal level due to the foreign powers authority clause. Many alternatives were considered by government and industry during the intensive negotiations on the legally binding multilateral agreement, with the U. S. having a great deal of influence over which alternatives were in the final agreement. The Agency plans to codify the streamlining provisions of the OECD multilateral agreement, regulating exporters and importers of waste recyclables. Exporters and importers of waste recyclables will need to implement the international uniform procedures of the OECD multilateral agreement, however these costs will be less than would be needed to deal with 30 different national export and import systems. In addition, some common existing export and import procedures were streamlined so that the new procedures are even more efficient than was common in the past. The benefits are greater administrative efficiency for U. S. exporters and importers in the international recycling market, and a lower level of waste disposal in the United States since there is more efficient access to other recycling markets. Timetable:

Action Date NPRM 07/ 00/ 04 Direct Final Rule Revisions for Transboundary Shipments of Hazardous Waste 07/ 00/ 04 Regulatory Flexibility Analysis Required: No VerDate May< 05> 2003 14: 34 May 16, 2003 Jkt 200001 PO 00000 Frm 00142 Fmt 1254 Sfmt 1254 D:\ UNIFIED\ PRESSD~ 1\ UA030424. TXT apps41 PsN: UA030424 31083 Federal Register / Vol. 68, No. 101 / Tuesday, May 27, 2003 / Unified Agenda EPA   Resource Conservation and Recovery Act ( RCRA) Long Term Actions Small Entities Affected: No Government Levels Affected: Federal Additional Information: SAN No. 4606 Agency Contact: Rick Picardi, Environmental Protection Agency, Solid Waste and Emergency Response, 5304W, Washington, DC 20460 Phone: 703 308 8879 Fax: 703 308 0514 Email: picardi. rick@ epa. gov Frank McAlister, Environmental Protection Agency, Solid Waste and Emergency Response, 5304W Phone: 703 308 8196 Fax: 703 308 0514 Email: mcalister. frank@ epa. gov RIN: 2050   AE93 3348. RCRA SUBTITLE C FINANCIAL TEST CRITERIA ( REVISION) Priority: Other Significant Legal Authority: 42 USC 6912( a) RCRA 2002( a); 42 USC 6924 RCRA 3004; 42 USC 6925 RCRA 3005; 42 USC 6926 RCRA 3006 CFR Citation: 40 CFR 264; 40 CFR 265; 40 CFR 280; 40 CFR 761 Legal Deadline: None Abstract: EPA's regulations require companies to provide financial assurance for environmental obligations, and allow companies that meet certain requirements to self insure their environmental obligations for closure, post closure care and third party liability. EPA proposed a revised financial test because the revised test would be better at predicting which firms will enter bankruptcy and not be able to cover their financial assurance obligations at hazardous waste treatment, storage and disposal facilities. If such a firm were to enter bankruptcy, the government could incur the clean up liability.

EPA's regulations set the minimum national standards for state hazardous waste programs, and so a change in federal requirements would be necessary to ensure consistent improvements in the test. Without rulemaking, states would have the option of not adopting these changes, and so the improvement in the test would not be implemented in states that cannot have regulations that are more stringent than federal standards.

The proposal considered several alternative financial tests, and the analysis supporting the original proposal found that the savings from the proposed alternative would be $ 19 million in public and private costs. If EPA promulgates a revised financial test, it may affect companies that treat, store or dispose of hazardous waste.

Timetable:

Action Date NPRM Original 07/ 01/ 91 56 FR 30201 NPRM 10/ 12/ 94 59 FR 51523 Notice of Data Availability 12/ 00/ 04 Final Action 03/ 00/ 06 Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses Government Levels Affected: Federal, State Additional Information: SAN No. 2647 Sectors Affected: 323114 Quick Printing; 325131 Inorganic Dye and Pigment Manufacturing; 323110 Commercial Lithographic Printing; 325188 All Other Basic Inorganic Chemical Manufacturing; 325998 All Other Miscellaneous Chemical Product Manufacturing; 331311 Alumina Refining; 325211 Plastics Material and Resin Manufacturing; 32551 Paint and Coating Manufacturing; 32511 Petrochemical Manufacturing; 32512 Industrial Gas Manufacturing; 325188 All Other Basic Inorganic Chemical Manufacturing; 325193 Ethyl Alcohol Manufacturing; 325199 All Other Basic Organic Chemical Manufacturing; 325998 All Other Miscellaneous Chemical Product Manufacturing; 311942 Spice and Extract Manufacturing; 32411 Petroleum Refineries; 332813 Electroplating, Plating, Polishing, Anodizing and Coloring; 33271 Machine Shops; 33299 All Other Fabricated Metal Product Manufacturing; 333319 Other Commercial and Service Industry Machinery Manufacturing; 333999 All Other General Purpose Machinery Manufacturing; 336399 All Other Motor Vehicle Parts Manufacturing; 334 Computer and Electronic Product Manufacturing; 336 Transportation Equipment Manufacturing; 48422 Specialized Freight ( except Used Goods) Trucking, Local; 56211 Waste Collection; 22111 Electric Power Generation; 221112 Fossil Fuel Electric Power Generation; 22132 Sewage Treatment Facilities; 56292 Materials Recovery Facilities; 56221 Waste Treatment and Disposal; 42271 Petroleum Bulk Stations and Terminals; 45431 Fuel Dealers; 4411 Automobile Dealers; 4471 Gasoline Stations; 811111 General Automotive Repair Agency Contact: Dale Ruhter, Environmental Protection Agency, Solid Waste and Emergency Response, 5303W, Washington, DC 20460 Phone: 703 308 8192 Fax: 703 308 8609 Email: ruhter. dale@ epa. gov RIN: 2050   AC71 3349. LAND DISPOSAL RESTRICTIONS; TREATMENT STANDARDS FOR SPENT POTLINERS FROM PRIMARY ALUMINUM REDUCTION ( K088) AND REGULATORY CLASSIFICATION OF K088 VITRIFICATION UNITS Priority: Other Significant Legal Authority: 42 USC 6905; 42 USC 6912( a); 42 USC 6921; 42 USC 6924 CFR Citation: 40 CFR 268; 40 CFR 271 Legal Deadline: None Abstract: On July 20, 2000, EPA proposed revised treatment standards for K088 wastes. Specifically, the Agency proposed to lower the cyanide treatment standard and reinstate a treatment standard for fluoride nonwastewaters based on a deionized water leach test. Comments to the proposed rule were significant and suggest that there are significant treatment issues yet to be resolved for K088 waste. The Agency needs to further assess the treatment universe for K088 and is considered extending the possible date of a final rule or to investigate other strategies both regulatory and non regulatory to facilitate recycling of spent aluminum potliners. Timetable:

Action Date NPRM 07/ 12/ 00 65 FR 42937 Final Action To Be Determined Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal, State, Local, Tribal Additional Information: SAN No. 4233 Sectors Affected: 3334 Ventilation, Heating, Air Conditioning and Commercial Refrigeration Equipment Manufacturing VerDate May< 05> 2003 14: 34 May 16, 2003 Jkt 200001 PO 00000 Frm 00143 Fmt 1254 Sfmt 1254 D:\ UNIFIED\ PRESSD~ 1\ UA030424. TXT apps41 PsN: UA030424 31084 Federal Register / Vol. 68, No. 101 / Tuesday, May 27, 2003 / Unified Agenda EPA   Resource Conservation and Recovery Act ( RCRA) Long Term Actions Agency Contact: Elaine Eby, Environmental Protection Agency, Solid Waste and Emergency Response, 5302W, Washington, DC 20460 Phone: 703 308 8449 Fax: 703 308 8433 Email: eby. elaine@ epa. gov Rick Brandes, Environmental Protection Agency, Solid Waste and Emergency Response, 5302W, Washington, DC 20460 Phone: 703 308 8871 Fax: 703 308 8433 Email: brandes. william@ epa. gov RIN: 2050   AE65 Environmental Protection Agency ( EPA) Completed Actions Resource Conservation and Recovery Act ( RCRA)

3350. LAND DISPOSAL RESTRICTIONS; NOTICE OF DATA AVAILABILITY: MERCURY TREATABILITY STUDIES Priority: Substantive, Nonsignificant CFR Citation: 40 CFR 268 Completed:

Reason Date NoDA 01/ 29/ 03 68 FR 4481 Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal, State Agency Contact: Rhonda Minnick Phone: 703 308 8771 Fax: 703 308 8433 Email: minnick. rhonda@ epa. gov Mary Cunningham Phone: 703 308 8453 Fax: 703 308 8433 Email: cunningham. mary@ epa. gov RIN: 2050   AE54 3351. LAND DISPOSAL RESTRICTIONS; NATIONAL TREATMENT VARIANCE FOR RADIOACTIVELY CONTAMINATED CADMIUM, MERCURY, AND SILVER WASTE BATTERIES Priority: Substantive, Nonsignificant CFR Citation: 40 CFR 268; 40 CFR 278 Completed:

Reason Date NPRM 10/ 07/ 02 67 FR 62626 Direct Final Action 10/ 07/ 02 67 FR 62618 Regulatory Flexibility Analysis Required: No Government Levels Affected: None Agency Contact: John Austin Phone: 703 308 0436 Fax: 703 308 8433 Email: austin. john@ epamail. epa. gov RIN: 2050   AE99 3352. NESHAPS: STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR HAZARDOUS WASTE COMBUSTORS Priority: Other Significant CFR Citation: 40 CFR 60; 40 CFR 63; 40 CFR 260; 40 CFR 264; 40 CFR 265; 40 CFR 266; 40 CFR 270 Completed:

Reason Date Merged Into 2050 AE01, SAN 3333 03/ 12/ 03 Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal, State Agency Contact: Rhonda Minnick Phone: 703 308 8771 Fax: 703 308 8433 Email: minnick. rhonda@ epa. gov RIN: 2050   AE79 Environmental Protection Agency ( EPA) Proposed Rule Stage Comprehensive Environmental Response, Compensation and Liability Act 3353. REPORTABLE QUANTITY ADJUSTMENTS FOR CARBAMATES AND CARBAMATE RELATED HAZARDOUS WASTE STREAMS; REPORTABLE QUANTITY ADJUSTMENT FOR INORGANIC CHEMICAL MANUFACTURING PROCESS WASTE Priority: Substantive, Nonsignificant Legal Authority: 42 USC 9602( a); 42 USC 11004 CFR Citation: 40 CFR 302; 40 CFR 355 Legal Deadline: None Abstract: EPA has listed carbamate waste streams as hazardous wastes under the Resource Conservation and Recovery Act ( RCRA). RCRA listed wastes, by statute, automatically become hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act ( CERCLA) and are assigned a one pound statutory reportable quantity ( RQ) until EPA adjusts them. These substances also become subject to reporting requirements under the Emergency Planning and Community Right to Know Act ( EPCRA) with a one pound threshold. EPA, in this action, will propose RQ adjustments for the carbamates. Most RQ adjustments are expected to be greater than one pound. Raising the RQs for these substances would decrease the burden on 1) the regulated community for complying with the reporting requirements under CERCLA and EPCRA; 2) Federal, State, and local authorities for program implementation; and 3) Federal, State, or local authorities, if they release hazardous substances at the RQ level or greater.

In addition, we are seeking to propose an RQ adjustment for the inorganic chemical manufacturing process waste ( K178)( 66 FR 58258, 11/ 20/ 01). Timetable:

Action Date NPRM 06/ 00/ 03 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 3423 Agency Contact: Lynn Beasley, Environmental Protection Agency, Solid Waste and Emergency Response, 5204G, Washington, DC 20460 VerDate May< 05> 2003 14: 34 May 16, 2003 Jkt 200001 PO 00000 Frm 00144 Fmt 1254 Sfmt 1254 D:\ UNIFIED\ PRESSD~ 1\ UA030424. TXT apps41 PsN: UA030424 31085 Federal Register / Vol. 68, No. 101 / Tuesday, May 27, 2003 / Unified Agenda EPA   Comprehensive Environmental Response, Compensation and Liability Act Proposed Rule Stage Phone: 703 603 9086 Fax: 703 603 9104 Email: beasley. lynn@ epa. gov RIN: 2050   AE12 3354. CORRECTION OF ERRORS AND ADJUSTMENT OF CERCLA REPORTABLE QUANTITIES Priority: Other Significant Legal Authority: 42 USC 9602 9603 CFR Citation: 40 CFR 302 ( Revision) Legal Deadline: None Abstract: The Agency is considering proposing corrections and other changes to 40 CFR 302.4, the Designation of Hazardous Substances. The proposal may include the correction of entries for individual substances, entries for F and K waste streams and entries in appendix A of 40 CFR 302.4. Other aspects of the proposal may include additional substances as entries in Table 302.4, appendix A to section 302.4, and the table in section 302.6( b)( iii); removal of other entries from these lists; and amendments to certain footnotes that explain entries in Table 302.4. Timetable:

Action Date NPRM 09/ 00/ 03 Regulatory Flexibility Analysis Required: No Government Levels Affected: Undetermined Additional Information: SAN No. 4737 Agency Contact: Lynn Beasley, Environmental Protection Agency, Solid Waste and Emergency Response, 5204G, Washington, DC 20460 Phone: 703 603 9086 Fax: 703 603 9104 Email: beasley. lynn@ epa. gov RIN: 2050   AF03 3355. STANDARDS AND PRACTICES FOR CONDUCTING `` ALL APPROPRIATE INQUIRY'' Priority: Other Significant Legal Authority: 42 USC 9601 et seq CFR Citation: 40 CFR 312 Legal Deadline: Final, Statutory, January 11, 2004, Small Business Liability Protection Act section 223, CERCLA 101( 35)( B)( 2)( ii). Abstract: The Small Business Liability Relief and Brownfields Revitalization Act ( the Brownfields Law) amended a number of provisions in CERCLA including section 101( 35)( B) and includes, among other things, new provisions regarding limitations on CERCLA liability for certain landowners. As part of these provisions, the Brownfields Law addresses the need for bona fide prospective purchasers, contiguous property owners, and innocent landowners to conduct `` all appropriate inquiry'' into prior ownership and use of the property at the time the party acquires the property.

In the Brownfields Law, Congress directed EPA to promulgate regulations establishing standards and practices for conducting `` all appropriate inquiry.'' Section 101 ( 35)( B)( iii) of the Law includes criteria that EPA is required to address in setting these standards and practices. This regulation will establish the Federal standards for conducting `` all appropriate inquiry,'' pursuant to the Act.

EPA is considering developing the Federal standard for all appropriate inquiry under a negotiated rulemaking process. EPA may establish a FACA Committee charged with negotiating a Federal standard in accordance with the statutory criteria.

Costs associated with the new Federal standard may include incremental costs, associated with using the new Federal standard, that are over and above the costs associated with the privately developed standards currently employed in conducting all appropriate inquiry for the purposes of real estate transaction. This rulemaking will not impose new mandatory requirements on any entities, other than recipients of Federal brownfields grants provided for the purpose of assessing or characterizing brownfields sites. Other than these grant recipients, the standards will be applicable to purchasers of contaminated properties who wish to assert certain limitations on CERCLA liability. The benefits of the regulation may include providing purchasers of contaminated property with clarity regarding the procedures and standards for the conduct of `` all appropriate inquiry'' required to assert certain limitations on CERCLA liability.

Timetable:

Action Date NPRM 01/ 00/ 04 Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal, State, Local, Tribal Additional Information: SAN No. 4739 Agency Contact: Patricia Overmeyer, Environmental Protection Agency, Solid Waste and Emergency Response, 5105T, Washington, DC 20460 Phone: 202 566 2774 Fax: 202 566 2757 Email: overmeyer. patricia@ epamail. epa. gov Helen Keplinger, Environmental Protection Agency, Solid Waste and Emergency Response, 2272A, Washington, DC 20460 Phone: 202 564 4221 Fax: 202 229 3954 Email: keplinger. helen@ epamail. epa. gov RIN: 2050   AF04 3356. REVISE 40 CFR PART 35 SUBPART O: COOPERATIVE AGREEMENTS AND SUPERFUND STATE CONTRACTS FOR SUPERFUND RESPONSE ACTIONS Priority: Other Significant Legal Authority: 42 USC 9601 to 9675 CFR Citation: 40 CFR 35 subpart O Legal Deadline: None Abstract: 40 CFR part 35 subpart O is the Superfund Administrative Regulation that governs awarding of Superfund cooperative agreements ( CAs) to States, Indian tribes, and territories of the United States. Subpart O covers State lead, site specific cooperative agreements for non timecritical removal, preremedial, remedial, and enforcement actions, and sitespecific management assistance for federal lead projects. Also covered by subpart O are non site specific Core Program and Voluntary Cleanup Program State infrastructure development, as well as Brownfields pilots, and Brownfields assessments. The requirements for Superfund State contracts, financial administration, property, procurement, reporting, recordkeeping, and closeout are provided in subpart O.

Subpart O was promulgated 6/ 5/ 1990, and became effective on 7/ 5/ 1990. Many changes in the Superfund program have occurred over the past almost ten years and these need to be reflected in subpart O. The six VerDate May< 05> 2003 14: 34 May 16, 2003 Jkt 200001 PO 00000 Frm 00145 Fmt 1254 Sfmt 1254 D:\ UNIFIED\ PRESSD~ 1\ UA030424. TXT apps41 PsN: UA030424 31086 Federal Register / Vol. 68, No. 101 / Tuesday, May 27, 2003 / Unified Agenda EPA   Comprehensive Environmental Response, Compensation and Liability Act Proposed Rule Stage categories of CAs presently used in subpart O need greater flexibility to accommodate the new types of CAs that have developed. For example, the number of Block Funding Reform pilots, begun in 1997, to consolidate several of the cooperative agreements offered in subpart O, has grown to about 16 for fiscal year 2000, and have generated at least 60 approved deviation requests from subpart O and 40 CFR part 31. These pilot projects offer considerable administrative relief to States, tribes, and EPA by reducing reporting requirements, broadening scope changes without amendment, increasing the ability to move monies within and among CAs, and relaxing application requirements regarding sitespecific identification of cooperative agreement funds to certain activities, while maintaining site specific drawdown requirements needed for cost recovery and Superfund accounting. Subpart O also needs to be conformed with part 31 ( Uniform Administrative Requirements for Grants and Cooperative Agreements).

EPA expects to institutionalize the combining of CA types, create more flexible reporting requirements, permit greater scope changes without amendment, provide more flexible money movement within and among CAs, and promote other policy advances in State/ tribal/ EPA interaction.

Timetable:

Action Date NPRM 12/ 00/ 03 Regulatory Flexibility Analysis Required: No Small Entities Affected: Governmental Jurisdictions Government Levels Affected: Federal, State, Local, Tribal Additional Information: SAN No. 4177 Agency Contact: Kirby Biggs, Environmental Protection Agency, Solid Waste and Emergency Response, 5204W, Washington, DC 20460 Phone: 703 308 8506 Fax: 703 308 8433 Email: biggs. kirby@ epa. gov Stephen Caldwell, Environmental Protection Agency, Solid Waste and Emergency Response, 5204G, Washington, DC 20460 Phone: 703 603 8833 Fax: 703 603 9104 Email: caldwell. stephen@ epamail. epa. gov RIN: 2050   AE62 Environmental Protection Agency ( EPA) Final Rule Stage Comprehensive Environmental Response, Compensation and Liability Act 3357. CLARIFICATION TO INTERIM STANDARDS AND PRACTICES FOR `` ALL APPROPRIATE INQUIRY'' UNDER CERCLA AND NOTICE OF FUTURE RULEMAKING ACTION Priority: Substantive, Nonsignificant Legal Authority: 42 USC 9601( 35)

CFR Citation: 40 CFR 312 Legal Deadline: None Abstract: EPA published a rule to explain and clarify a provision included in recent amendments to the Comprehensive Environmental Response, Compensation, and Liability Act ( CERCLA). EPA addressed certain interim standards established in the Small Business Liability Relief and Brownfields Revitalization Act ( the Brownfields Act) for conducting `` all appropriate inquiry,'' to establish exemptions from liability under CERCLA or establish that a landowner had no reason to know of contamination at a property under CERCLA liability provisions prior to purchasing the property. The Brownfields Act provides clarification of provisions related to CERCLA liability for certain parties including contiguous property owners, prospective purchasers, and innocent landowners. Among the requirements added to CERCLA is the requirement that such parties undertake `` all appropriate inquiry'' into prior ownership and use of certain property.

Under the Brownfields Act, Congress provided an interim standard for conducting all appropriate inquiry, the American Society for Testing and Materials ( ASTM) standard known as Standard E1527 97 ( entitled Standard Practice for Environmental Site Assessment: Phase 1 Environmental Site Assessment Process). This interim standard applies to properties purchased after May 31, 1997 until EPA promulgates regulations establishing standards and practices for conducting all appropriate inquiry. The rule clarifies the interim requirements for conducting `` all appropriate inquiry'' in the case of property purchased on or after May 31, 1997 and the conduct of such activities to establish an innocent landowner defense.

EPA received an adverse comment to the direct final rule addressing the interim standard. A withdrawal of the direct final rule will be published. We will address the concerns raised during the comment period in a subsequent final rule.

Timetable:

Action Date NPRM 01/ 24/ 03 68 FR 3478 Direct Final Rule 01/ 24/ 03 68 FR 3435 Direct Final Rule Withdrawn 03/ 25/ 03 68 FR 14399 Final Action 05/ 00/ 03 Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal, State, Local, Tribal Additional Information: SAN No. 4740 Agency Contact: Patricia Overmeyer, Environmental Protection Agency, Solid Waste and Emergency Response, 5105T, Washington, DC 20460 Phone: 202 566 2774 Fax: 202 566 2757 Email: overmeyer. patricia@ epamail. epa. gov RIN: 2050   AF05 VerDate May< 05> 2003 14: 34 May 16, 2003 Jkt 200001 PO 00000 Frm 00146 Fmt 1254 Sfmt 1254 D:\ UNIFIED\ PRESSD~ 1\ UA030424. TXT apps41 PsN: UA030424 31087 Federal Register / Vol. 68, No. 101 / Tuesday, May 27, 2003 / Unified Agenda Environmental Protection Agency ( EPA) Long Term Actions Comprehensive Environmental Response, Compensation and Liability Act 3358. NATIONAL PRIORITIES LIST FOR UNCONTROLLED HAZARDOUS WASTE SITES Priority: Substantive, Nonsignificant Legal Authority: 42 USC 9605; CERCLA 105 CFR Citation: 40 CFR 300.425 Legal Deadline: None Abstract: This action will revise the sites included on the National Priorities List ( NPL) of uncontrolled waste sites in the National Contingency Plan ( NCP). CERCLA requires that the Agency revise the NPL at least annually. Periodic revisions will allow EPA to include sites on the NPL with known or threatened hazardous substance releases and to delete sites that have been cleaned up.

Timetable:

Action Date NPRM 24 03/ 06/ 98 63 FR 11340 Final Action 20 03/ 06/ 98 63 FR 11332 NPRM 25 07/ 28/ 98 63 FR 40247 Final Action 21 07/ 28/ 98 63 FR 40182 Final Action ( Tex Tin Corp) 09/ 18/ 98 63 FR 49855 NPRM 26 09/ 29/ 98 63 FR 51882 Final Action 22 09/ 29/ 98 63 FR 51848 NPRM 27 01/ 19/ 99 64 FR 2950 Final Action 23 01/ 19/ 99 64 FR 2942 NPRM ( Midnight Mine) 02/ 16/ 99 64 FR 7564 NPRM 28 04/ 23/ 99 64 FR 19968 NPRM ( Almeda) 05/ 10/ 99 64 FR 24990 Final Action 24 05/ 10/ 99 64 FR 24949 NPRM 29 07/ 22/ 99 64 FR 39886 Final Action 25 07/ 22/ 99 64 FR 39878 NPRM 30 10/ 22/ 99 64 FR 56992 Final Action 10/ 22/ 99 64 FR 56966 NPRM 31 02/ 04/ 00 65 FR 5468 Final Action 26 02/ 04/ 00 65 FR 5435 NPRM 32 05/ 11/ 00 65 FR 30489 Final Action 28 05/ 11/ 00 65 FR 30482 NPRM 33 07/ 27/ 00 65 FR 46131 Final Action 29 07/ 27/ 00 65 FR 46096 NPRM Alabama/ Malone 08/ 24/ 00 65 FR 51567 NPRM 34 12/ 01/ 00 65 FR 75215 Final Action 30 12/ 01/ 00 65 FR 75179 NPRM 35 01/ 11/ 01 66 FR 2380 NPRM 36 06/ 14/ 01 66 FR 32287 Final Action 31 06/ 14/ 01 66 FR 32235 NPRM 37 09/ 13/ 01 66 FR 47612 Final Action 32 09/ 13/ 01 66 FR 47583 Next Action Undetermined Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal, State, Local Additional Information: SAN No. 3439 Agency Contact: Yolanda Singer, Environmental Protection Agency, Solid Waste and Emergency Response, 5204G, Washington, DC 20460 Phone: 703 603 8835 Fax: 703 603 9100 Email: singer. yolanda@ epa. gov Terry Jeng, Environmental Protection Agency, Solid Waste and Emergency Response, 5204G, Washington, DC 20460 Phone: 703 603 8852 Fax: 703 603 9104 Email: jeng. terry@ epa. gov RIN: 2050   AD75 3359. CRITERIA FOR THE DESIGNATION OF HAZARDOUS SUBSTANCES UNDER CERCLA SECTION 102( A) Priority: Other Significant Legal Authority: 42 USC 9602 CFR Citation: 40 CFR 302.4 Legal Deadline: None Abstract: This action will address the development of evaluation criteria for the designation of substances as hazardous under CERCLA. It is necessary to develop evaluation criteria because the Agency has the authority under CERCLA 102( a) to designate substances as hazardous; however, the Agency does not have criteria to do so. To date the only substances designated as CERCLA hazardous substances are as a result of their appearance on other Acts' lists defined under CERCLA 101( 14). Using CERCLA designation criteria the Agency may establish CERCLA hazardous substances independently from other Acts, in the interest of public health and the environment.

The purpose of this action is to have well thought out criteria for designating hazardous substances that may be applied to individual substances for evaluation and decision as to whether or not the substance should be appropriately designated a CERCLA 102( a) hazardous substance. The Agency already has the authority to designate substances as hazardous; in this action, criteria will be developed to implement that authority. Timetable:

Action Date ANPRM To Be Determined Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 4201 Agency Contact: Lynn Beasley, Environmental Protection Agency, Solid Waste and Emergency Response, 5204G, Washington, DC 20460 Phone: 703 603 9086 Fax: 703 603 9104 Email: beasley. lynn@ epa. gov RIN: 2050   AE63 3360. ADMINISTRATIVE REPORTING EXEMPTION FOR CERTAIN AIR RELEASES OF NOX Priority: Other Significant Legal Authority: 42 USC 9603 CFR Citation: 40 CFR 302.6( c)

Legal Deadline: None Abstract: The Agency is considering proposing to administratively exempt from reporting requirements the releases of certain NOx emissions to air. This would eliminate reports from facilities emitting NOx where the Agency has determined that the releases pose little or no risk or to which a Federal response is infeasible or inappropriate. Requiring reports of such releases would serve little or no useful purpose and could, instead, impose a significant burden on the Federal response system and on the persons responsible for notifying the Federal government of the release.

Timetable:

Action Date NPRM To Be Determined Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Undetermined Federalism: Undetermined Additional Information: SAN No. 4736 Agency Contact: Lynn Beasley, Environmental Protection Agency, Solid Waste and Emergency Response, 5204G, Washington, DC 20460 Phone: 703 603 9086 Fax: 703 603 9104 Email: beasley. lynn@ epa. gov RIN: 2050   AF02 VerDate May< 05> 2003 11: 25 May 21, 2003 Jkt 200001 PO 00000 Frm 00147 Fmt 1254 Sfmt 1254 D:\ UNIFIED\ PRESSD~ 1\ UA030424. TXT apps41 PsN: UA030424 31088 Federal Register / Vol. 68, No. 101 / Tuesday, May 27, 2003 / Unified Agenda Environmental Protection Agency ( EPA) Prerule Stage Clean Water Act ( CWA)

3361.   SEWAGE SLUDGE STANDARDS TO DETERMINE THE FINANCIAL IMPACT ON SMALL ENTITIES IN THE WASTEWATER TREATMENT SECTOR ( SECTION 610 REVIEW) Priority: Info./ Admin./ Other Legal Authority: Clean Water Act, sec 405( d) and ( e); 33 USC 1345( d) and ( e) as amended; 5 USC 610 CFR Citation: 40 CFR 503 Legal Deadline: None Abstract: On February 19, 1993 ( 58 FR 9248), EPA promulgated Standards for the Use or Disposal of Sewage Sludge for the three major sewage sludge management practices of land application, surface disposal, and incineration. The Part 503 Standards impose sewage sludge quality requirements on sewage sludge preparers and management practices on land appliers of sewage sludge. The Standards also have monitoring, recordkeeping, and reporting requirements. Small entities are subject to these standards. Small entities are defined as wastewater treatment plants that treat domestic sewage with wastewater flow capacities of less than one million gallons per day ( MGD), septage pumpers and haulers, and sewage sludge preparers and treaters that process and subsequently use/ dispose of less than 290 dry metric tons of sewage sludge per year. On August 4, 1999 ( 64 FR 42551) the Part 503 standards were amended. One of the amendments allowed the permitting authority, at their discretion, to reduce the frequency of monitoring requirements for all wastewater treatment plants including small entities. EPA performed a Regulatory Flexibility Analysis when the Standards were promulgated in 1993 which indicated that the Rule could have a significant impact on a substantial number of small entities. EPA then used this analysis to develop the rule in a way that mitigated small entity impact to the extent possible while still fulfilling the Clean water Act's Section 405( d) mandate to protect public health and the environment with an adequate margin of safety. EPA is now initiating a review of the rule under Section 610 of the Regulatory Flexibility Act to determine if the rule should be continued without change, or should be amended or rescinded, to minimize adverse economic impacts on small entities. EPA will consider, and solicits comments, 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 technology, economic conditions, or other factors have changed in the area affected by the rule. Comments should be submitted to the Agency Contact listed below. Comments must be received 90 days after this Federal Register notice. This action is not a rulemaking   it is a review of an existing rulemaking. Any new rulemaking activity resulting from this review will be noticed in future Regulatory Agendas. Comments should be submitted ( in duplicate if possible) to the Office of Water Docket ( 4101T), Attention: Docket No. OW xx xx, U. S. Environmental Protection Agency, 1200 Pennsylvania Avenue NW., Washington, DC 20460. Comments received are available for public viewing at the EPA Docket Center Public Reading Room.

Timetable:

Action Date Begin Review 05/ 00/ 03 End Review 05/ 00/ 04 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 4792 Agency Contact: Alan B. Rubin, Environmental Protection Agency, Water, 4304T, Washington, DC 20460 Phone: 202 566 1125 Fax: 202 566 1139 Email: rubin. alan@ epa. gov RIN: 2040   AD96 Environmental Protection Agency ( EPA) Proposed Rule Stage Clean Water Act ( CWA)

3362. REVISIONS TO THE NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN; SUBPART J PRODUCT SCHEDULE LISTING REQUIREMENTS Priority: Other Significant Legal Authority: 33 USC 1321( d)( 2); CWA 311( d)( 2)

CFR Citation: 40 CFR 300 Legal Deadline: None Abstract: This action will propose revisions to subpart J of the National Contingency Plan ( NCP) ( 40 CFR part 300.900). Section 311( d)( 2)( G) of the Clean Water Act requires that EPA prepare a schedule of dispersants, other chemicals, and other spill mitigating devices and substances, if any, that may be used in carrying out the NCP. Under subpart J, respondents wishing to add a product to the Product Schedule must submit technical product data specified in 40 CFR 300.915 to EPA. This rulemaking will propose revisions to subpart J to clarify and change protocols for effectiveness and toxicity testing. It will clarify EPA authority to remove products from the Product Schedule. These changes will help ensure protection of the environment when these products are used to clean up and mitigate oil spills into or upon navigable waters, adjoining shorelines, the waters of the contiguous zone, or which may affect natural resources belonging to or under the exclusive management authority of the United States. Timetable:

Action Date NPRM 08/ 00/ 03 Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses Government Levels Affected: Federal, State Additional Information: SAN No. 4526 Sectors Affected: 54 Professional, Scientific and Technical Services; 3259 Other Chemical Product Manufacturing; 325 Chemical Manufacturing; 3251 Basic Chemical Manufacturing Agency Contact: William Nick Nichols, Environmental Protection Agency, Solid Waste and Emergency VerDate May< 05> 2003 14: 34 May 16, 2003 Jkt 200001 PO 00000 Frm 00148 Fmt 1254 Sfmt 1254 D:\ UNIFIED\ PRESSD~ 1\ UA030424. TXT apps41 PsN: UA030424 31089 Federal Register / Vol. 68, No. 101 / Tuesday, May 27, 2003 / Unified Agenda EPA   Clean Water Act ( CWA) Proposed Rule Stage Response, 5203G, Washington, DC 20460 Phone: 703 603 9918 Fax: 703 603 9116 Email: nichols. nick@ epa. gov RIN: 2050   AE87 3363.   EFFLUENT GUIDELINES PROGRAM PLAN FOR 2004/ 2005 Priority: Substantive, Nonsignificant Legal Authority: 33 USC 1314( m) CWA CFR Citation: None Legal Deadline: Final, Statutory, February 4, 2004, Final Plan.

Abstract: EPA publishes an Effluent Guidelines Program Plan every other year. The Plan is required by section 304( m) of the Clean Water Act ( CWA). The Plan discusses the status of ongoing rulemakings, development of additional rules, and preliminary studies. The Plan sets forth EPA's rationale for the selection of particular industries as candidates for new or revised effluent guidelines. EPA's Effluent Guidelines Program Plan for 2004/ 2005 will describe the effluent guidelines program and the effluent guidelines underway, as well as identifying guidelines that may be revised or new guidelines that may be developed. OW will use the 2004/ 2005 Plan as a strategic opportunity to help design the future of the technologybased pollution control program for industrial sources.

Timetable:

Action Date Proposed Plan 06/ 00/ 03 Final Plan 02/ 00/ 04 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 4766 URL For More Information: http:// www. epa. gov/ guide URL For Public Comments: Proposed Planhttp www. epa. gov/ edocket Agency Contact: Patricia Harrigan, Environmental Protection Agency, Water, 4303T, Washington, DC 20460 Phone: 202 566 1666 Fax: 202 566 1053 Email: harrigan. patricia@ epa. gov Tom Wall, Environmental Protection Agency, Water, 4303T, Washington, DC 20460 Phone: 202 566 1060 Fax: 202 566 1053 Email: wall. tom@ epa. gov RIN: 2040   AD92 3364.   EFFLUENT GUIDELINES AND STANDARDS FOR PHARMACEUTICAL MANUFACTURING: AMENDMENT Priority: Substantive, Nonsignificant Legal Authority: CWA 306; CWA 307 CFR Citation: 40 CFR 439 Legal Deadline: None Abstract: These amendments to the final rule would achieve the following. First, EPA is clarifying the date on which a discharger subject to the New Source Performance Standards ( NSPS) and the Pretreatment Standards for New Sources ( PSNS) promulgated in earlier regulations would be subject to the more stringent effluent limitations and pretreatment standards established in the 1998 regulation by specifying the 10 year prior date by which a new source under the previous ( 1983) standard would be subject to the new Best Available Technology ( BAT) limitations from existing source instead of using the more vague term of `` 10 years.'' Second, this rule reestablishes a minimum concentration for the monthly average BOD5 limitation in this section that EPA inadvertently omitted from the 1998 regulation. Next, the amendments correct an error in EPA's pass through analysis of the 1998 rule by deleting methyl Cellosolve ( 2 methoxyethanol) from the pretreatment standards in two subcategories and from a table in the Appendix. Finally, the Agency is making other nonsubstantive editorial and format changes such as shortening the authority to conform to more recent guidelines from the Federal Register Office, shortening tables by removing redundancy, and adding definitions.

Timetable:

Action Date NPRM 03/ 13/ 03 68 FR 12276 Direct Final Rule 03/ 13/ 03 68 FR 12266 NPRM Comment Period End 05/ 12/ 03 Direct Final Rule Effective 06/ 11/ 03 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal, State, Local Additional Information: SAN No. 4741 Agency Contact: Marvin B. Rubin, Environmental Protection Agency, Water, 4303T, Washington, DC 20460 Phone: 202 566 1050 Fax: 202 566 1053 Email: rubin. marvin@ epa. gov RIN: 2040   AD97 3365. TEST PROCEDURES FOR THE ANALYSIS OF MERCURY UNDER THE CLEAN WATER ACT ( METHOD 245.7)

Priority: Substantive, Nonsignificant Legal Authority: CWA 501 ( a); 33 USC 1314( h); 33 USC 1361( a)

CFR Citation: 40 CFR 136.3 Legal Deadline: None Abstract: This regulatory action would propose to amend the Guidelines Establishing Test Procedures for the Analysis of Pollutants under 40 CFR part 136 to approve a new analytical test procedure ( method) for the determination of mercury in the wastewater program as authorized under the Clean Water Act ( CWA). This new test procedure is capable of measuring mercury at low parts pertrillion ( ppt; ng/ L) concentrations and would be an alternative to the recently promulgated EPA Method 1631, which also determines mercury at low ppt concentrations. EPA Method 245.7 uses similar technology to EPA Method 1631 ( cold vapor atomic fluorescence spectrometry), but it does not require the use of a gold trap. Laboratories claim that EPA Method 245.7 is a less burdensome and more cost effective method than EPA Method 1631.

Timetable:

Action Date NPRM 11/ 00/ 03 Final Action 11/ 00/ 04 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal, State, Local, Tribal Additional Information: SAN No. 4377 Agency Contact: William A. Telliard, Environmental Protection Agency, Water, 4303T, Washington, DC 20460 Phone: 202 566 1061 VerDate May< 05> 2003 14: 34 May 16, 2003 Jkt 200001 PO 00000 Frm 00149 Fmt 1254 Sfmt 1254 D:\ UNIFIED\ PRESSD~ 1\ UA030424. TXT apps41 PsN: UA030424 31090 Federal Register / Vol. 68, No. 101 / Tuesday, May 27, 2003 / Unified Agenda EPA   Clean Water Act ( CWA) Proposed Rule Stage Fax: 202 566 1053 Email: telliard. william@ epa. gov Maria Gomez Taylor, Environmental Protection Agency, Water, 4303T, Washington, DC 20460 Phone: 202 566 1005 Fax: 202 566 1053 Email: gomeztaylor maria@ epamail. epa. gov RIN: 2040   AD52 3366. TEST PROCEDURES: REVISIONS TO METHOD DETECTION AND QUANTIFICATION FOR THE CLEAN WATER ACT Priority: Substantive, Nonsignificant Legal Authority: 33 USC 1314( h); 33 USC 1361( a) CFR Citation: 40 CFR 136( b) Legal Deadline: NPRM, Judicial, February 28, 2003, Settlement Agreement. Final, Judicial, September 30, 2004, Settlement Agreement. Abstract: This regulatory action would amend the Guidelines Establishing Test Procedures for the Analysis of Pollutants under 40 CFR part 136 related to the detection and quantification procedures currently used by EPA for analytes regulated in the wastewater program as authorized under the Clean Water Act ( CWA). The current method detection limit ( MDL) procedure is set forth at 40 CFR part 136, appendix B. EPA has not promulgated a generic procedure for quantification but it uses the minimum level of quantitation ( ML) in its wastewater program. The ML is defined in analytical methods and is generally set at 3.18 times the MDL. The Office of Water has been working to revise and refine these concepts in response to the need to regulate pollutants at low levels ( often levels that are lower than measurement capabilities will allow) and to address other potential approaches to detection and quantification, including concepts being introduced by outside organizations such as voluntary consensus standards bodies ( VCSBs). The rulemaking would also re evaluate the current MDL and quantification approaches and assess alternative approaches. Timetable:

Action Date NPRM 03/ 12/ 03 68 FR 11791 Action Date NPRM Comment Period End 07/ 10/ 03 Final Action 09/ 00/ 04 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal, State, Local, Tribal Additional Information: SAN No. 4378 Agency Contact: Cynthia Simbanin, Environmental Protection Agency, Water, 4303T, Washington, DC 20460 Phone: 202 566 1073 Fax: 202 566 1053 Email: simbanin. cynthia@ epa. gov Maria Gomez Taylor, Environmental Protection Agency, Water, 4303T, Washington, DC 20460 Phone: 202 566 1005 Fax: 202 566 1053 Email: gomeztaylor maria@ epamail. epa. gov RIN: 2040   AD53 3367. TEST PROCEDURES: NEW AND UPDATED TEST PROCEDURES FOR THE ANALYSIS OF POLLUTANTS UNDER THE CLEAN WATER ACT AND SAFE DRINKING WATER ACT Priority: Substantive, Nonsignificant Legal Authority: 33 USC 1314( h); 33 USC 1361( a); 42 USC 300f; 42 USC 300g 1; 42 USC 300j 4; 42 USC 300j 9( a)

CFR Citation: 40 CFR 136 Legal Deadline: None Abstract: This regulatory action would amend the `` Guidelines Establishing Test Procedures for the Analysis of Pollutants'' under 40 CFR parts 136 and 141 to approve new and updated EPA methods for wastewater, ambient water quality, and drinking water, including new and updated versions of methods from voluntary consensus standards bodies and other organizations. These methods are used to comply with monitoring requirements in the wastewater, ambient water quality and/ or drinking water programs, as authorized under the Clean Water Act ( CWA) and Safe Drinking Water Act. This regulation would propose new methods for metals such as Method 1638 ( which utilizes ICP/ MS), new methods for chemical pollutants ( e. g., Method 245.7), updated methods for chemical and biological pollutants ( e. g., Methods 300.1 and 200.8), including methods from voluntary consensus standards bodies ( VCSBs), and from other external organizations submitted under EPA's alternate test procedure program. The new and updated methods include methods from organizations such as the American Society for Testing and Materials ( ASTM), Standard Methods, Association of Official Analytical Methods International, and U. S. Geological Survey. Timetable:

Action Date NPRM 11/ 00/ 03 Final Action 11/ 00/ 04 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal, State, Local, Tribal Additional Information: SAN No. 4540 Agency Contact: William A. Telliard, Environmental Protection Agency, Water, 4303T, Washington, DC 20460 Phone: 202 566 1061 Fax: 202 566 1053 Email: telliard. william@ epa. gov Maria Gomez Taylor, Environmental Protection Agency, Water, 4303T, Washington, DC 20460 Phone: 202 566 1005 Fax: 202 566 1053 Email: gomeztaylor maria@ epamail. epa. gov RIN: 2040   AD71 3368. NPDES PERMIT REQUIREMENTS FOR MUNICIPAL SANITARY AND COMBINED SEWER COLLECTION SYSTEMS, MUNICIPAL SATELLITE COLLECTION SYSTEMS, SANITARY SEWER OVERFLOWS, AND PEAK EXCESS FLOW TREATMENT FACILITIES Priority: Other Significant Legal Authority: 33 USC 1311; CWA 301; 33 USC 1314; CWA 304; 33 USC 1318; CWA 308; 33 USC 1342; CWA 402; 33 USC 1361; CWA 501( a) CFR Citation: 40 CFR 122.38; 40 CFR 122.41; 40 CFR 122.42 Legal Deadline: None Abstract: EPA is developing a notice of proposed rulemaking that would propose a broad based regulatory framework for sanitary sewer collection VerDate May< 05> 2003 14: 34 May 16, 2003 Jkt 200001 PO 00000 Frm 00150 Fmt 1254 Sfmt 1254 D:\ UNIFIED\ PRESSD~ 1\ UA030424. TXT apps41 PsN: UA030424 31091 Federal Register / Vol. 68, No. 101 / Tuesday, May 27, 2003 / Unified Agenda EPA   Clean Water Act ( CWA) Proposed Rule Stage systems under the NPDES program. The Agency is proposing standard permit conditions for inclusion in permits for publicly owned treatment works ( POTWs) and municipal sanitary sewer collection systems. The standard requirements address reporting, public notification, and recordkeeping requirements for sanitary sewer overflows ( SSOs), capacity assurance, management, operation and maintenance requirements for municipal sanitary sewer collection systems; and a prohibition on SSOs. The Agency is also proposing a regulatory framework for applying NPDES permit conditions, including applicable standard permit conditions, to municipal satellite collection systems. Municipal satellite collection systems are sanitary sewers owned or operated by a municipality that conveys wastewater to a POTW operated by a different municipality. EPA is also proposing to clarify NPDES requirements, including secondary treatment requirements, for discharges from peak excess flow treatment facilities. EPA stated that public health and the environment are compromised by sanitary sewer overflows, which are discharges of raw sewage.

Timetable:

Action Date NPRM 12/ 00/ 03 Final Action 12/ 00/ 05 Regulatory Flexibility Analysis Required: No Small Entities Affected: Governmental Jurisdictions Government Levels Affected: Federal, State, Local, Tribal Federalism: This action may have federalism implications as defined in EO 13132.

Additional Information: SAN No. 3999 Sectors Affected: 22132 Sewage Treatment Facilities URL For More Information: www. epa. gov Agency Contact: Kevin Weiss, Environmental Protection Agency, Water, 4203M, Washington, DC 20460 Phone: 202 564 0742 Fax: 202 564 6392 Email: weiss. kevin@ epa. gov Kevin DeBell, Environmental Protection Agency, Water, 4203M, Washington, DC 20460 Phone: 202 564 0040 Fax: 202 564 6392 Email: debell. kevin@ epa. gov RIN: 2040   AD02 3369. GUIDANCE REGARDING NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT REQUIREMENTS FOR MUNICIPAL WASTEWATER TREATMENT DURING WET WEATHER CONDITIONS Priority: Substantive, Nonsignificant Legal Authority: 33 USC 1251 et seq CFR Citation: 40 CFR 122.41( m)

Legal Deadline: None Abstract: During periods of wet weather, wastewater flows received by municipal sewage treatment plants can significantly increase, which can create operational challenges for sewage treatment facilities. Where peak flows approach or exceed the design capacity of a treatment plant they can seriously reduce treatment efficiency or damage treatment units. In addition to hydraulic concerns, wastewater associated with peak flows may have low organic strength, which can also decrease treatment efficiencies.

EPA plans to invite comment on a draft guidance document and proposed interpretation of National Pollutant Discharge Elimination System ( NPDES) permit requirements for peak wet weather discharges from a publicly owned treatment works ( POTWs) that are comprised of effluent routed around biological treatment units and blended with the effluent from the biological units ( or other advanced treatment units) prior to discharge, where the final discharge would meet permit effluent limitations based upon the secondary treatment regulations and any more stringent limitations necessary to meet water quality standards. Regulatory agencies, municipal operators of POTWs, and representatives of environmental advocacy groups have expressed uncertainty about the appropriate regulatory interpretation for such situations. EPA's intention would be that implementation of the draft guidance would ensure that NPDES requirements be applied in a nationally consistent manner that improves the capacity, management, operation and maintenance of POTW treatment plants and collection systems. Timetable:

Action Date Draft Guidance 06/ 00/ 03 Final Guidance 06/ 00/ 04 Regulatory Flexibility Analysis Required: No Small Entities Affected: Governmental Jurisdictions Government Levels Affected: None Additional Information: SAN No. 4690 Sectors Affected: 22132 Sewage Treatment Facilities URL For More Information: www. epa. gov Agency Contact: Kevin Weiss, Environmental Protection Agency, Water, 4203M, Washington, DC 20460 Phone: 202 564 0742 Fax: 202 564 6392 Email: weiss. kevin@ epa. gov Ross Brennan, Environmental Protection Agency, Water, 4203, 4203M Phone: 202 564 0723 Fax: 202 564 6392 Email: brennan. ross@ epa. gov RIN: 2040   AD87 3370. WATERSHED RULE: TOTAL MAXIMUM DAILY LOAD ( TMDL) PROGRAM REVISIONS Priority: Other Significant Legal Authority: 33 USC 1313; 33 USC 1329; 33 USC 1342; 33 USC 1256 CFR Citation: 40 CFR 9; 40 CFR 122; 40 CFR 124; 40 CFR 130 Legal Deadline: None Abstract: Amend regulations governing the TMDL program to ensure that it is effective, allows for active participation by all stakeholders including local governments and communities. The amendments will address: the scope and content of the list of impaired waters required by section 303( d) of the Clean Water Act, the scope and content of TMDLs, EPA's role in helping States establish 303( d) lists and TMDLs so that impaired waters are restored, and the framework for implementing TMDLs provided by State CPPs and watershed plans. EPA is also proposing revision to the NPDES permitting regulations. Timetable:

Action Date NPRM 09/ 00/ 03 Final Action 06/ 00/ 04 VerDate May< 05> 2003 14: 34 May 16, 2003 Jkt 200001 PO 00000 Frm 00151 Fmt 1254 Sfmt 1254 D:\ UNIFIED\ PRESSD~ 1\ UA030424. TXT apps41 PsN: UA030424 31092 Federal Register / Vol. 68, No. 101 / Tuesday, May 27, 2003 / Unified Agenda EPA   Clean Water Act ( CWA) Proposed Rule Stage Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal, State, Tribal Additional Information: SAN No. 4623 Agency Contact: Christine Ruf, Environmental Protection Agency, Water, 4503T, Washington, DC 20460 Phone: 202 566 1220 Fax: 202 566 1331 Email: ruf. christine@ epa. gov Francois Brasier, Environmental Protection Agency, Water, 4503T Phone: 202 566 1214 Fax: 202 566 1333 Email: brasier. francoise@ epa. gov RIN: 2040   AD82 Environmental Protection Agency ( EPA) Final Rule Stage Clean Water Act ( CWA)

3371. EFFLUENT GUIDELINES AND STANDARDS FOR THE METAL PRODUCTS AND MACHINERY CATEGORY, PHASES 1 AND 2 Priority: Substantive, Nonsignificant Legal Authority: 33 USC 1311CWA 301; 33 USC 1314 CWA 304; 33 USC 1316 CWA 306; 33 USC 1317 CWA 307; 33 USC 1318 CWA 308; 33 USC 1342 CWA 402; 33 USC 1361 CWA 501 CFR Citation: 40 CFR 438 Legal Deadline: NPRM, Judicial, October 31, 2000. Final, Judicial, February 14, 2003.

Abstract: EPA promulgated technologybased effluent limitations guidelines for the metal products and machinery point source category in February 2003. The category includes facilities that manufacture, rebuild, or maintain metal products, parts, or machines. EPA promulgated limitations and standards only for facilities that directly discharge wastewaters from oily operations in the Oily Wastes subcategory.

Timetable:

Action Date NPRM original ( Phase 1) 05/ 30/ 95 60 FR 28210 NPRM ( Consolidated Phase 1 and 2) 01/ 03/ 01 66 FR 424 NODA 06/ 05/ 02 67 FR 38752 Final Action 05/ 00/ 03 Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses, Governmental Jurisdictions Government Levels Affected: Federal, State, Local Additional Information: SAN No. 2806 Sectors Affected: 332 Fabricated Metal Product Manufacturing; 333 Machinery Manufacturing; 334 Computer and Electronic Product Manufacturing; 335 Electrical Equipment, Appliance and Component Manufacturing; 336 Transportation Equipment Manufacturing; 337 Furniture and Related Product Manufacturing; 339 Miscellaneous Manufacturing URL For Public Comments: NPRM original www. epa. gov/ edockets Agency Contact: Carey Johnston, Environmental Protection Agency, Water, 4303T, Washington, DC 20460 Phone: 202 566 1014 Fax: 202 566 1053 Email: johnston. carey@ epamail. epa. gov Shari Barash, Environmental Protection Agency, Water, 4303T, Washington, DC 20460 Phone: 202 566 0996 Fax: 202 566 1053 Email: barash. shari@ epamail. epa. gov RIN: 2040   AB79 3372. EFFLUENT GUIDELINES AND STANDARDS FOR THE CONSTRUCTION AND DEVELOPMENT INDUSTRY Priority: Economically Significant. Major under 5 USC 801.

Unfunded Mandates: This action may affect State, local or tribal governments.

Legal Authority: 33 USC 1311 CWA 301; 33 USC 1314 CWA 304; 33 USC 1316 CWA 306; 33 USC 1317 CWA 307; 33 USC 1318 CWA 308; 33 USC 1342 CWA 402; 33 USC 1361 CWA 501 CFR Citation: 40 CFR 450 Legal Deadline: NPRM, Judicial, May 15, 2002. Final, Judicial, March 31, 2004.

Abstract: The effluent guidelines would apply to some construction activities associated with new development, as well as to those associated with re development activities. The regulations would address storm water runoff from construction sites during the active phase of construction. Construction activity is a major source of sediment and other pollutants discharged to the nation's waters. Industries potentially affected by this rulemaking include land developers, home builders, builders of commercial and industrial property, and other private and public sector construction site owners and operators. EPA proposed design criteria for erosion and sediment controls. These requirements would be implemented in NPDES storm water permits issued to construction site owners and operators.

Timetable:

Action Date NPRM 06/ 24/ 02 67 FR 42644 Final Action 03/ 00/ 04 Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses Government Levels Affected: Federal, State, Local, Tribal Additional Information: SAN No. 4280 Sectors Affected: 233 Building, Developing and General Contracting; 234 Heavy Construction Agency Contact: Eric Strassler, Environmental Protection Agency, Water, 4303T, Washington, DC 20460 Phone: 202 566 1026 Fax: 202 566 1053 Email: strassler. eric@ epa. gov Jesse Pritts, Environmental Protection Agency, Water, 4303T, Washington, DC 20460 Phone: 202 566 1038 Fax: 202 566 1053 Email: pritts. jesse@ epamail. epa. gov RIN: 2040   AD42 VerDate May< 05> 2003 14: 34 May 16, 2003 Jkt 200001 PO 00000 Frm 00152 Fmt 1254 Sfmt 1254 D:\ UNIFIED\ PRESSD~ 1\ UA030424. TXT apps41 PsN: UA030424 31093 Federal Register / Vol. 68, No. 101 / Tuesday, May 27, 2003 / Unified Agenda EPA   Clean Water Act ( CWA) Final Rule Stage 3373. EFFLUENT GUIDELINES AND STANDARDS FOR THE MEAT AND POULTRY PRODUCTS POINT SOURCE CATEGORY ( REVISIONS)

Priority: Substantive, Nonsignificant Legal Authority: 33 USC 1311; 33 USC 1314; 33 USC 1316; 33 USC 1317; 33 USC 1318; 33 USC 1342; 33 USC 1361 CFR Citation: 40 CFR 432 ( Revision)

Legal Deadline: NPRM, Judicial, January 30, 2002. Final, Judicial, December 31, 2003.

Abstract: The Agency proposed revisions to the effluent limitations guidelines and standards for the Meat and Poultry Products Point Source Category in February 2002. The current regulations, at 40 CFR 432, are more than 20 years old and establish limitations and standards for only conventional pollutants. The current regulations do not establish national regulations for ammonia nitrogen discharges associated with slaughterhouses/ packinghouses ( subparts A D). Nutrients like ammonia may pose a water quality problem for impaired streams. Revisions to the current regulations may also include effluent limitations for poultry processing, which is not currently covered by any effluent guideline.

Timetable:

Action Date NPRM 02/ 25/ 02 67 FR 8582 Final Action 12/ 00/ 03 Regulatory Flexibility Analysis Required: No Small Entities Affected: Governmental Jurisdictions, Businesses Government Levels Affected: Federal, State, Local, Tribal Additional Information: SAN No. 4407 Sectors Affected: 311615 Poultry Processing; 311611 Animal ( except Poultry) Slaughtering; 311612 Meat Processed from Carcasses; 311613 Rendering and Meat By product Processing Agency Contact: Samantha Lewis, Environmental Protection Agency, Water, 4303T, Washington, DC 20460 Phone: 202 566 1058 Fax: 202 566 1053 Email: lewis. samantha@ epa. gov Marvin B. Rubin, Environmental Protection Agency, Water, 4303T, Washington, DC 20460 Phone: 202 566 1050 Fax: 202 566 1053 Email: rubin. marvin@ epa. gov RIN: 2040   AD56 3374.   EFFLUENT GUIDELINES AND STANDARDS FOR THE CENTRALIZED WASTE TREATMENT POINT SOURCE CATEGORY ( REVISION) Priority: Substantive, Nonsignificant Legal Authority: 33 USC 1316CWA; 33 USC 1317CWA CFR Citation: 40 CFR 437 Legal Deadline: None Abstract: EPA is considering promulgation of a direct final rule that would amend certain provisions of the effluent guidelines for the Centralized Waste Treatment industry, which were published on December 22, 2000. The rule would modify the limitations and standards for some of the regulated pollutants and would correct errors in the printed text. Timetable:

Action Date Direct Final Action 08/ 00/ 03 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal, State, Local Additional Information: SAN No. 4776 Sectors Affected: 562219 Other Nonhazardous Waste Treatment and Disposal; 562211 Hazardous Waste Treatment and Disposal Agency Contact: Elwood Forsht, Environmental Protection Agency, Water, 4303T, Washington, DC 20460 Phone: 202 566 1025 Fax: 202 566 1053 Email: forsht. elwood@ epa. gov RIN: 2040   AD95 3375. TEST PROCEDURES FOR THE ANALYSIS OF BIOLOGICAL CONTAMINANTS UNDER THE CLEAN WATER ACT Priority: Substantive, Nonsignificant Legal Authority: 33 USC 1314( h) CWA 304( h); 33 USC 1361 CWA 501( a) CFR Citation: 40 CFR 136 Legal Deadline: None Abstract: This regulatory action would amend the Guidelines Establishing Test Procedures for the Analysis of Pollutants under 40 CFR part 136 to approve EPA Method 1622 and to approve microbiological methods for monitoring ambient water for the detection of Cryptosporidium, Giardia, E. coli and Enterococci in ambient waters. This proposed regulation would approve test procedures to be available for use by testing laboratories.

Timetable:

Action Date NPRM 08/ 30/ 01 66 FR 45811 Final Action 05/ 00/ 03 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal, State, Local, Tribal Additional Information: SAN No. 4047 Agency Contact: Robin K. Oshiro, Environmental Protection Agency, Water, 4303T, Washington, DC 20460 Phone: 202 566 1075 Fax: 202 566 1053 Email: oshiro. robin@ epa. gov Maria Gomez Taylor, Environmental Protection Agency, Water, 4303T, Washington, DC 20460 Phone: 202 566 1005 Fax: 202 566 1053 Email: gomeztaylor maria@ epamail. epa. gov RIN: 2040   AD08 3376. MINIMIZING ADVERSE ENVIRONMENTAL IMPACT FROM COOLING WATER INTAKE STRUCTURES AT EXISTING FACILITIES UNDER SECTION 316( B) OF THE CLEAN WATER ACT, PHASE 2 Priority: Economically Significant. Major under 5 USC 801.

Unfunded Mandates: This action may affect the private sector under PL 104 4.

Legal Authority: 33 USC 1311 CWA 301; 33 USC 1316 CWA 306; 33 USC 1326 CWA 316; 33 USC 1361 CWA 501 CFR Citation: 40 CFR 9; 40 CFR 122; 40 CFR 123; 40 CFR 124; 40 CFR 125 Legal Deadline: NPRM, Judicial, February 28, 2002. Final, Judicial, February 16, 2004.

Abstract: This rulemaking affects, at a minimum, existing electricity VerDate May< 05> 2003 14: 34 May 16, 2003 Jkt 200001 PO 00000 Frm 00153 Fmt 1254 Sfmt 1254 D:\ UNIFIED\ PRESSD~ 1\ UA030424. TXT apps41 PsN: UA030424 31094 Federal Register / Vol. 68, No. 101 / Tuesday, May 27, 2003 / Unified Agenda EPA   Clean Water Act ( CWA) Final Rule Stage generating facilities that employ cooling water intake structures and whose intake flow levels exceed a minimum threshold to be determined by EPA during the rulemaking. Section 316( b) of the Clean Water Act provides that any standard established pursuant to sections 301 or 306 of the Clean Water Act and applicable to a point source shall require that the location, design, construction, and capacity of cooling water intake structures reflect the best technology available for minimizing adverse environmental impact. A primary purpose of the rulemaking is to minimize any adverse environmental impact that may be associated with the impingement and entrainment of fish and other aquatic organisms by cooling water intake structures. Impingement refers to trapping fish and other aquatic life on intake screens or similar devices where they may be injured or killed. Entrainment occurs when smaller aquatic organisms, eggs, and larvae are drawn into a cooling system, and then pumped back out, often with significant injury or mortality due to heat, physical stress or exposure to chemicals.

Timetable:

Action Date NPRM 04/ 09/ 02 67 FR 17122 NODA 03/ 19/ 03 68 FR 13522 Final Action 02/ 00/ 04 Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses, Governmental Jurisdictions Government Levels Affected: Federal, State, Local, Tribal Additional Information: SAN No. 4474 Sectors Affected: 2211 Electric Power Generation, Transmission and Distribution Agency Contact: Debbi Hart, Environmental Protection Agency, Water, 4303T, Washington, DC 20460 Phone: 202 566 6379 Fax: 202 566 1053 Email: hart. debbi@ epa. gov Martha Segall, Environmental Protection Agency, Water, 4303T, Washington, DC 20460 Phone: 202 566 1041 Fax: 202 566 1053 Email: segall. martha@ epa. gov RIN: 2040   AD62 3377. MINIMIZING ADVERSE ENVIRONMENTAL IMPACTS FROM COOLING WATER INTAKE STRUCTURES UNDER SECTION 316( B) OF THE CLEAN WATER ACT   PHASE I REVISIONS Priority: Substantive, Nonsignificant Legal Authority: 33 USC 1251 et seq CFR Citation: 40 CFR 125 subpart I Legal Deadline: None Abstract: This action will make three minor technical corrections to the final rule implementing section 316( b) of the Clean Water Act ( CWA) for new facilities that use water withdrawn from rivers, streams, lakes, reservoirs, estuaries, oceans or other waters of the United States for cooling purposes. ( EPA published the final rule in the Federal Register on December 18, 2001. 66 FR 65256.) The final rule established national technology based performance requirements applicable to the location, design, construction, and capacity of cooling water intake structures at new facilities. The regulatory language did not correctly reflect EPA's intent in three minor instances. Therefore, EPA will make three minor changes to the regulatory text: ( 1) delete inadvertent requirement that quarterly monitoring occur at a low flow condition that occurs once every ten years; ( 2) clarify that the permit director will consider information from fishery agencies about whether certain requirements should be put in a permit, clarify that an applicant delete unnecessary cross references in the alternative requirements provision to Track 2 and unnecessary cross references to the alternative requirements provision in the Track 2 provisions.

Timetable:

Action Date NPRM 12/ 26/ 02 67 FR 78956 Direct Final Rule 12/ 26/ 02 67 FR 78947 Direct Final Rule Withdrawn 03/ 24/ 03 68 FR 14164 Final Action 05/ 00/ 03 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal, State Additional Information: SAN No. 4726 Sectors Affected: 221111 Hydroelectric Power Generation; 221112 Fossil Fuel Electric Power Generation; 221113 Nuclear Electric Power Generation; 221119 Other Electric Power Generation; 221121 Electric Bulk Power Transmission and Control; 221122 Electric Power Distribution; 111991 Sugar Beet Farming; 11193 Sugarcane Farming; 21221 Iron Ore Mining; 212391 Potash, Soda, and Borate Mineral Mining; 311221 Wet Corn Milling; 311311 Sugarcane Mills; 311312 Cane Sugar Refining; 311313 Beet Sugar Manufacturing; 311222 Soybean Processing; 311225 Fats and Oils Refining and Blending; 31214 Distilleries; 312229 Other Tobacco Product Manufacturing; 31221 Tobacco Stemming and Redrying; 31321 Broadwoven Fabric Mills; 321912 Cut Stock, Resawing Lumber, and Planing; 321113 Sawmills; 321918 Other Millwork ( including Flooring ); 321999 All Other Miscellaneous Wood Product Manufacturing; 321212 Softwood Veneer and Plywood Manufacturing; 321219 Reconstituted Wood Product Manufacturing; 3221 Pulp, Paper, and Paperboard Mills; 322121 Paper ( except Newsprint) Mills; 32213 Paperboard Mills; 322121 Paper ( except Newsprint) Mills; 322122 Newsprint Mills; 32213 Paperboard Mills; 322291 Sanitary Paper Product Manufacturing; 325 Chemical Manufacturing; 32411 Petroleum Refineries; 324199 All Other Petroleum and Coal Products Manufacturing; 326211 Tire Manufacturing ( except Retreading); 31332 Fabric Coating Mills; 326192 Resilient Floor Covering Manufacturing; 326299 All Other Rubber Product Manufacturing; 32731 Cement Manufacturing; 324199 All Other Petroleum and Coal Products Manufacturing; 331111 Iron and Steel Mills; 331112 Electrometallurgical Ferroalloy Product Manufacturing; 331492 Secondary Smelting, Refining, and Alloying of Nonferrous Metal ( except Copper and Aluminum)

Agency Contact: Martha Segall, Environmental Protection Agency, Water, 4303T, Washington, DC 20460 Phone: 202 566 1041 Fax: 202 566 1053 Email: segall. martha@ epa. gov Tom Wall, Environmental Protection Agency, Water, 4303T, Washington, DC 20460 Phone: 202 566 1060 Fax: 202 566 1053 Email: wall. tom@ epa. gov RIN: 2040   AD85 VerDate May< 05> 2003 14: 34 May 16, 2003 Jkt 200001 PO 00000 Frm 00154 Fmt 1254 Sfmt 1254 D:\ UNIFIED\ PRESSD~ 1\ UA030424. TXT apps41 PsN: UA030424 31095 Federal Register / Vol. 68, No. 101 / Tuesday, May 27, 2003 / Unified Agenda EPA   Clean Water Act ( CWA) Final Rule Stage 3378. COMPARISON OF DREDGED MATERIAL TO REFERENCE SEDIMENT Priority: Substantive, Nonsignificant Legal Authority: 33 USC 1344 CWA 404 CFR Citation: 40 CFR 230 Legal Deadline: None Abstract: This action would revise the testing provisions of the Clean Water Act section 404( b)( 1) Guidelines to provide for comparisons between dredged material proposed for discharge and reference sediment. Reference sediment would be defined as sediment that reflects conditions at the disposal site had no dredged material disposal ever occurred there. Because the disposal site itself is currently used as the point of comparison, this action would make a technical improvement in assessing cumulative impacts and help make dredged material testing under section 404 more consistent with that conducted for ocean disposal, which currently employs a reference sediment approach. This action is not expected to have a significant impact on State, local, or tribal governments or small business, as the action will be limited to Corps projects and permit applications for which dredged material testing is necessary, and because the effect of the action will be limited to changing the location of an otherwise collected sample.

Timetable:

Action Date NPRM 01/ 04/ 95 60 FR 419 Final Action 09/ 00/ 03 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal Additional Information: SAN No. 3288 Agency Contact: John Goodin, Environmental Protection Agency, Water, 4502T, Washington, DC 20460 Phone: 202 566 1373 Fax: 202 566 1375 Email: goodin. john@ epa. gov RIN: 2040   AC14 3379. ROUND 2 STANDARDS FOR THE USE OR DISPOSAL OF SEWAGE SLUDGE Priority: Other Significant Legal Authority: 33 USC 1345 CWA 405; 33 USC 1361( a) CWA 501( a)

CFR Citation: 40 CFR 503 ( Revisions)

Legal Deadline: NPRM, Judicial, December 15, 1999. Final, Judicial, October 17, 2003.

Abstract: This rulemaking concerns dioxin and dioxin like compounds in sewage sludge that is applied to the land. Section 405 of the Clean Water Act ( CWA) requires EPA to promulgate regulations providing guidelines for the use and disposal of sewage sludge, including numeric standards for toxic pollutants which may adversely affect human health and the environment and management practices. EPA promulgated the first round of regulations, which set standards for toxic pollutants in sewage sludge for which information was available and management practices for land application, surface disposal and incineration of sewage sludge. ( 58 FR 9248, Feb. 19, 1993). EPA proposed the second round of regulations, for other toxic pollutants not regulated in the first round, of regulations, for other toxic pollutants not regulated in the first round, in December 1999 ( 64 FR 72045, Dec. 23, 1999). The proposed rule would establish a limit of 300 nanograms of TEQ dioxins per kilogram of dry sewage sludge for land application along with monitoring requirements. The proposal also proposed to take no regulatory action with respect to dioxins in sewage sludge that is disposed of at a surface disposal site or incinerated in a sewage sludge incinerator. EPA signed a final notice of its determination not to further regulate for dioxins in sewage sludge that is disposed of at a surface disposal site or incinerated in a sewage sludge incinerator, and stated that final action on the proposal to amend the land application rule will be published separately at a later date. ( 66 FR 66228, Dec. 21, 2001). On June 12, 2002 at 67 FR 40554, EPA published a notice of data availability in which EPA presented the results of a revised risk assessment and an analytical survey of dioxins in sewage sludge. The final action on the land application rule is subject to a consent decree deadline of October 17, 2003. Timetable:

Action Date NPRM 12/ 23/ 99 64 FR 72045 Final Determination 12/ 21/ 01 66 FR 66228 NODA Notice of Data Availability RE: Land Application 06/ 12/ 02 67 FR 40554 Final Action Land Application 10/ 00/ 03 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal, State, Local, Tribal Additional Information: SAN No. 3488 No further regulatory requirement for disposal and incineration. Agency Contact: Alan B. Rubin, Environmental Protection Agency, Water, 4304T, Washington, DC 20460 Phone: 202 566 1125 Fax: 202 566 1139 Email: rubin. alan@ epa. gov Anthony Maciorowski, Environmental Protection Agency, Water, 4304T, Washington, DC 20460 Phone: 202 566 1113 Fax: 202 566 1140 Email: maciorowski. anthony@ epa. gov RIN: 2040   AC25 3380. MODIFICATION TO COMPETITIVE PROCESS USED BY EPA FOR WETLAND PROGRAM DEVELOPMENT GRANTS Priority: Substantive, Nonsignificant Legal Authority: 33 USC 1251 CWA 104 CFR Citation: 40 CFR 35.362; 40 CFR 35.382 Legal Deadline: None Abstract: EPA is proposing to modify the requirements for use of competitive procedures in the award of Wetland Program Development Grants ( WPDG). The proposed changes for WPDG would provide the Regions with an option for allocating WPDG funds to States that meet criteria established in national program guidance. The proposed changes would provide States, interstate and local agencies greater flexibility in developing comprehensive programs. Timetable:

Action Date Final Action 09/ 00/ 03 VerDate May< 05> 2003 14: 34 May 16, 2003 Jkt 200001 PO 00000 Frm 00155 Fmt 1254 Sfmt 1254 D:\ UNIFIED\ PRESSD~ 1\ UA030424. TXT apps41 PsN: UA030424 31096 Federal Register / Vol. 68, No. 101 / Tuesday, May 27, 2003 / Unified Agenda EPA   Clean Water Act ( CWA) Final Rule Stage Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal, State, Local Additional Information: SAN No. 4624 Agency Contact: Connie Cahanap, Environmental Protection Agency, Water, 4502T, Washington, DC 20460 Phone: 202 566 1382 Fax: 202 566 1349 Email: cahanap. concepcion@ epa. gov Donna An, Environmental Protection Agency, Water, 4502T, Washington, DC 20460 Phone: 202 566 1384 Fax: 202 566 1349 Email: an. donna@ epa. gov RIN: 2040   AD83 Environmental Protection Agency ( EPA) Long Term Actions Clean Water Act ( CWA)

3381. EFFLUENT GUIDELINES AND STANDARDS FOR THE PULP, PAPER, AND PAPERBOARD POINT SOURCE CATEGORY, DISSOLVING KRAFT AND DISSOLVING SULFITE SUBCATEGORIES ( PHASE III)

Priority: Substantive, Nonsignificant Legal Authority: 33 USC 1311; 33 USC 1314; 33 USC 1316; 33 USC 1317; 33 USC 1318; 33 USC 1342; 33 USC 1361 CFR Citation: 40 CFR 430.10 to 430.18; 40 CFR 430.40 to 430.48 Legal Deadline: None Abstract: On December 17, 1993, EPA proposed revised effluent limitations, guidelines and standards and best management practices regulations for the Dissolving Kraft and Dissolving Sulfite Subcategories of the Pulp, Paper, and Paperboard Point Source Category ( 40 CFR part 430). This action, which OW refers to as Phase III of the Cluster Rules, will respond to comments and reflect new data. There are five domestic mills in these two subcategories. The final rule is anticipated to set limits for adsorbable organic halides ( AOX), chemical oxygen demand ( COD), chloroform, dioxin, furan, and 12 specific chlorinated phenolics.

Timetable:

Action Date NPRM 12/ 17/ 93 58 FR 66078 Final Action 09/ 00/ 04 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal, State Additional Information: SAN No. 4370 Sectors Affected: 3221 Pulp, Paper, and Paperboard Mills Agency Contact: Don Anderson, Environmental Protection Agency, Water, 4303T, Washington, DC 20460 Phone: 202 566 1021 Fax: 202 566 1053 Email: anderson. donaldf@ epa. gov Ahmar Siddiqui, Environmental Protection Agency, Water, 4303T, Washington, DC 20460 Phone: 202 566 1044 Fax: 202 566 1053 Email: siddiqui. ahmar@ epa. gov RIN: 2040   AD49 3382. EFFLUENT GUIDELINES AND STANDARDS FOR THE CONCENTRATED AQUATIC ANIMAL PRODUCTION INDUSTRY Priority: Other Significant Legal Authority: CWA sec 301; CWA sec 304; CWA sec 306; CWA sec 307; CWA sec 308; CWA sec 318; CWA sec 402; CWA sec 501 CFR Citation: 40 CFR 451 Legal Deadline: NPRM, Judicial, August 14, 2002. Final, Judicial, June 30, 2004.

Abstract: EPA is focusing new efforts to help reduce nutrient loadings from commercial agricultural and industrial operations nationwide. Currently, there are no federal technology based standards for aquatic animal production facilities, which are part of the aquaculture industry. This action is a new effort to develop pollutant controls in the form of nationally applicable discharge standards for commercial and public aquaculture operations. In assessments of surface water quality, States most frequently cite siltation, nutrients, and pathogens as the major cause of water quality impairment. With the growth of the aquaculture industry, and inconsistent state of regulatory oversight, EPA will examine available technologies for the control of solids which in turn control other pollutants, primarily nutrients. This action was formerly titled Aquaculture. Timetable:

Action Date NPRM 09/ 12/ 02 67 FR 57871 Final Action 06/ 00/ 04 Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses, Governmental Jurisdictions, Organizations Government Levels Affected: Federal, State, Tribal Additional Information: SAN No. 4406 Sectors Affected: 112511 Finfish Farming and Fish Hatcheries; 112512 Shellfish Farming; 112519 Other Animal Aquaculture; 71213 Zoos and Botanical Gardens Agency Contact: Marta E. Jordan, Environmental Protection Agency, Water, 4303T, Washington, DC 20460 Phone: 202 566 1049 Fax: 202 566 1053 Email: jordan. marta@ epa. gov Marvin B. Rubin, Environmental Protection Agency, Water, 4303T, Washington, DC 20460 Phone: 202 566 1050 Fax: 202 566 1053 Email: rubin. marvin@ epa. gov RIN: 2040   AD55 3383. WATER QUALITY STANDARDS FOR ALABAMA   PHASE II Priority: Substantive, Nonsignificant Legal Authority: 33 USC 1313 CWA 303 CFR Citation: 40 CFR 131 Legal Deadline: NPRM, Judicial, October 15, 2002, See additional information. Abstract: Under the CWA, States have primary authority in developing water quality standards for waters within their jurisdiction. EPA maintains oversight authority in that States must VerDate May< 05> 2003 14: 34 May 16, 2003 Jkt 200001 PO 00000 Frm 00156 Fmt 1254 Sfmt 1254 D:\ UNIFIED\ PRESSD~ 1\ UA030424. TXT apps41 PsN: UA030424 31097 Federal Register / Vol. 68, No. 101 / Tuesday, May 27, 2003 / Unified Agenda EPA   Clean Water Act ( CWA) Long Term Actions submit their water quality standards to EPA for review and approval or disapproval. If a State's water quality standards are not consistent with the requirements of the CWA and its supporting regulations, and are subsequently disapproved by EPA, the State must revise the disapproved water quality standards. If the State does not revise the disapproved water quality standards, the CWA requires the EPA Administrator to promulgate Federal water quality standards to supersede those disapproved provisions in the states' water quality standards. EPA is developing a proposed rule to determine the appropriate use designations for seven waterbodies in Alabama that EPA disapproved in 1986 and 1991. Timetable:

Action Date NPRM 10/ 23/ 02 67 FR 65256 Final Action 05/ 00/ 04 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal, State Additional Information: SAN No. 4264 Agency Contact: Fritz Wagner, Environmental Protection Agency, Water, Region04, Atlanta, GA 30303 Phone: 404 562 9267 Email: wagner. fritz@ epa. gov Jim Keating, Environmental Protection Agency, Water, 4305T, Washington, DC 20460 Phone: 202 566 0383 Fax: 202 566 0409 Email: keating. jim@ epa. gov RIN: 2040   AD35 3384. WATER QUALITY STANDARDS FOR INDIAN COUNTRY WATERS Priority: Other Significant Legal Authority: 33 USC 1251 et seq CFR Citation: 40 CFR 131; 40 CFR 121.17 ( New); 40 CFR 122.4 ( Amended); 40 CFR 123.1 ( Amended); 40 CFR 131.4 ( Amended); 40 CFR 131.40 ( New); 40 CFR 230.10 ( Amended); 40 CFR 233.1 ( Amended); 40 CFR 233.51 ( Amended) Legal Deadline: None Abstract: EPA is considering proposing a national rule containing core federal water quality standards ( WQS) to support tailored, site specific decisions for certain waters in Indian country that do not have EPA approved Tribal standards. EPA is contemplating this rule as a first step towards ensuring that the core Clean Water Act ( CWA) framework for protecting water quality is in place for all such waters. The core federal water quality standards would establish: use designations consistent with CWA section 101( a) goals, cultural and traditional, and other uses; water quality criteria for protecting the designated uses; and an antidegradation policy designed to protect water quality. Such standards would provide a basis for EPA ( in consultation with a Tribe) to affect pollution discharges occurring upstream from Tribal waters, provide a basis for including water quality based limitations or conditions in permits or certifications for discharges within Indian country; and provide the basis for establishing Total Maximum Daily Loads ( TMDLs) for Indian country waters. A federal promulgation would not prevent Tribes from developing their own standards. The Office of Management and Budget reviewed the proposal and returned it to EPA on October 2, 2001, for further consideration and analysis. EPA is considering how to proceed.

Timetable:

Action Date NPRM To Be Determined Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal, State, Tribal Additional Information: SAN No. 4344 Agency Contact: Fred Leutner, Environmental Protection Agency, Water, 4305, Washington, DC 20460 Phone: 202 566 0378 Fax: 202 260 9830 Email: leutner. fred@ epa. gov Edward Hanlon, Environmental Protection Agency, Water, 4305, Washington, DC 20460 Phone: 202 566 0765 Fax: 202 566 0409 Email: hanlon. edward@ epa. gov RIN: 2040   AD46 3385. TEST PROCEDURES FOR THE ANALYSIS OF TRACE METALS UNDER THE CLEAN WATER ACT Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined.

Unfunded Mandates: Undetermined Legal Authority: 33 USC 1314( h) CWA 304( h); 33 USC 1361( a) CWA 501 CFR Citation: 40 CFR 136 Legal Deadline: None Abstract: This regulatory action would propose to amend the Guidelines Establishing Test Procedures for the Analysis of Pollutants under 40 CFR part 136 to approve new EPA methods for the determination of trace metals at EPA's water quality criteria levels. These methods are necessary for the implementation of water quality based permits under the National Pollutant Discharge Elimination System ( NPDES) of the Clean Water Act. Water qualitybased permits are necessary when technology based controls do not ensure that a particular water body would meet the State's designated water quality standard. Because the methods currently approved under 40 CFR part 136 were designed to support primarily technology based permitting needs, and because these technologybased levels are as much as 280 times higher than water quality based criteria for metals. EPA is pursuing approval of new test procedures.

Timetable:

Action Date NPRM To Be Determined Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal, State, Local, Tribal Federalism: Undetermined Additional Information: SAN No. 3702 Agency Contact: William A. Telliard, Environmental Protection Agency, Water, 4303T, Washington, DC 20460 Phone: 202 566 1061 Fax: 202 566 1053 Email: telliard. william@ epa. gov Maria Gomez Taylor, Environmental Protection Agency, Water, 4303T, Washington, DC 20460 Phone: 202 566 1005 Fax: 202 566 1053 VerDate May< 05> 2003 14: 34 May 16, 2003 Jkt 200001 PO 00000 Frm 00157 Fmt 1254 Sfmt 1254 D:\ UNIFIED\ PRESSD~ 1\ UA030424. TXT apps41 PsN: UA030424 31098 Federal Register / Vol. 68, No. 101 / Tuesday, May 27, 2003 / Unified Agenda EPA   Clean Water Act ( CWA) Long Term Actions Email: gomeztaylor maria@ epamail. epa. gov RIN: 2040   AC75 3386. TEST PROCEDURES: INCREASED METHOD FLEXIBILITY FOR TEST PROCEDURES APPROVED FOR CLEAN WATER ACT COMPLIANCE MONITORING Priority: Substantive, Nonsignificant Legal Authority: 33 USC 1314( h); CWA 304( h); 33 USC 1361( a); CWA 501( a) CFR Citation: 40 CFR 136 Legal Deadline: None Abstract: This regulatory action would highlight the flexibility already contained in the 600 and 1600 series of EPA Methods that are currently approved for Clean Water Act compliance monitoring under 40 CFR part 136, Guidelines Establishing Test Procedures for the Analysis of Pollutants. These methods typically contain a statement that, in recognition of advances that are occurring in analytical technology, and to allow the analyst to overcome sample matrix interferences, the analyst is permitted certain options to improve separations or lower the costs of measurements. These options include alternate extraction, concentration, cleanup procedures, and changes in columns and detectors. The methods further require the analyst to demonstrate that the method modifications will not adversely affect the quality of data by generating quality control results that meet the specifications contained in the method. Despite this stated flexibility, the Agency has found that many NPDES and pretreatment permitting authorities are not aware of this flexibility when issuing or enforcing NPDES and pretreatment permits. Therefore, this regulatory action will highlight the existing method flexibility and clarify EPA's position regarding its application. This action will also extend this flexibility to other methods currently approved under 40 CFR part 136. The purpose of extending this flexibility to other methods is to ( 1) increase consistency between methods, ( 2) provide for increased recognition of advances in analytical technology, and ( 3) reduce costs associated with analytical measurements. Timetable:

Action Date NPRM To Be Determined Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal, State, Local, Tribal Additional Information: SAN No. 3714 Agency Contact: William A. Telliard, Environmental Protection Agency, Water, 4303T, Washington, DC 20460 Phone: 202 566 1061 Fax: 202 566 1053 Email: telliard. william@ epa. gov Khouane Ditthavong, Environmental Protection Agency, Water, 4303T, Washington, DC 20460 Phone: 202 566 1068 Fax: 202 566 1053 Email: ditthavong. khouane@ epa. gov RIN: 2040   AC92 3387. TEST PROCEDURES: PERFORMANCE BASED MEASUREMENT SYSTEM ( PBMS) PROCEDURES AND GUIDANCE FOR CLEAN WATER ACT TEST PROCEDURES Priority: Substantive, Nonsignificant Legal Authority: 33 USC 1314( h) CWA 304( h); 33 USC 1361( a) CWA 501( a)

CFR Citation: 40 CFR 136 Legal Deadline: None Abstract: This regulatory action would establish the use of performance based measurement procedures and guidance for use in Clean Water Act compliance monitoring under 40 CFR part 136, Guidelines Establishing Test Procedures for the Analysis of Pollutants. The new procedures would include guidance concerning the format, content, quality assurance/ quality control, and data validation requirements for use of test methods. This regulatory action would also describe increased program guidance in the form of a clearinghouse, technical bulletins, and/ or guidance documents geared towards clarifying technical and policy issues associated with the use of test methods approved for use in the program.

Timetable:

Action Date NPRM 03/ 28/ 97 62 FR 14975 Final Action To Be Determined Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses, Governmental Jurisdictions, Organizations Government Levels Affected: Federal, State, Local, Tribal Additional Information: SAN No. 3713 Agency Contact: William A. Telliard, Environmental Protection Agency, Water, 4303T, Washington, DC 20460 Phone: 202 566 1061 Fax: 202 566 1053 Email: telliard. william@ epa. gov Khouane Ditthavong, Environmental Protection Agency, Water, 4303T, Washington, DC 20460 Phone: 202 566 1068 Fax: 202 566 1053 Email: ditthavong. khouane@ epa. gov RIN: 2040   AC93 3388. TEST PROCEDURES FOR THE ANALYSIS OF MISCELLANEOUS METALS, ANIONS, AND VOLATILE ORGANICS UNDER THE CLEAN WATER ACT, PHASE ONE Priority: Substantive, Nonsignificant Legal Authority: 33 USC 1314( h) CWA 304( h); 33 USC 1361( a) CWA 501( a) CFR Citation: 40 CFR 136 Legal Deadline: None Abstract: This regulatory action would amend the Guidelines Establishing Test Procedures for the Analysis of Pollutants under 40 CFR part 136 to approve new procedures for the analysis of miscellaneous metals, anions, and volatile organics under the Clean Water Act ( CWA). These methods are used for implementing water quality based permits under the National Pollutant Discharge Elimination System ( NPDES) of the CWA. This regulation would approve test procedures to be used in measuring this group of compounds under the NPDES Program unless the Regional Administrator approves an alternative procedure. EPA plans to segment the rulemaking into two phases to accommodate different amounts of data for the long list of compounds. Timetable:

Action Date NPRM 10/ 18/ 95 60 FR 53988 Final Action 11/ 00/ 04 Regulatory Flexibility Analysis Required: No Small Entities Affected: No VerDate May< 05> 2003 14: 34 May 16, 2003 Jkt 200001 PO 00000 Frm 00158 Fmt 1254 Sfmt 1254 D:\ UNIFIED\ PRESSD~ 1\ UA030424. TXT apps41 PsN: UA030424 31099 Federal Register / Vol. 68, No. 101 / Tuesday, May 27, 2003 / Unified Agenda EPA   Clean Water Act ( CWA) Long Term Actions Government Levels Affected: Federal, State, Local, Tribal Additional Information: SAN No. 3155 Agency Contact: William A. Telliard, Environmental Protection Agency, Water, 4303T, Washington, DC 20460 Phone: 202 566 1061 Fax: 202 566 1053 Email: telliard. william@ epa. gov Maria Gomez Taylor, Environmental Protection Agency, Water, 4303T, Washington, DC 20460 Phone: 202 566 1005 Fax: 202 566 1053 Email: gomeztaylor maria@ epamail. epa. gov RIN: 2040   AC95 3389. TEST PROCEDURES FOR THE ANALYSIS OF CO PLANAR AND MONO ORTHO SUBSTITUTED POLYCHLORINATED BIPHENYLS ( PCBS) UNDER THE CLEAN WATER ACT Priority: Substantive, Nonsignificant Legal Authority: 33 USC 1314( h); 33 USC 1361( a)

CFR Citation: 40 CFR 136; 40 CFR 503 Legal Deadline: None Abstract: This regulatory action would propose to amend the Guidelines Establishing Test Procedures for the Analysis of Pollutants under 40 CFR parts 136 and 503 to approve EPA Method 1668 for the congener specific determination of co planar and monoortho substituted polychlorinated biphenyls ( PCBs) in effluent, ambient water, and sludge. This method is necessary for the implementation of water quality based permits under the National Pollutant Discharge Elimination System ( NPDES) of the Clean Water Act. Water quality based permits are necessary when technologybased controls do not ensure that a particular water body would meet the State's designated water quality standard. At present there is no EPA analytical method for determination of these PCBs at the levels of concern. Therefore, approval of a new EPA test procedure is necessary.

Timetable:

Action Date NPRM To Be Determined Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal, State, Local, Tribal Additional Information: SAN No. 4049 Agency Contact: William A. Telliard, Environmental Protection Agency, Water, 4303T, Washington, DC 20460 Phone: 202 566 1061 Fax: 202 566 1053 Email: telliard. william@ epa. gov Maria Gomez Taylor, Environmental Protection Agency, Water, 4303T, Washington, DC 20460 Phone: 202 566 1005 Fax: 202 566 1053 Email: gomeztaylor maria@ epamail. epa. gov RIN: 2040   AD09 3390. TEST PROCEDURES FOR THE ANALYSIS OF MISCELLANEOUS METALS, ANIONS, AND VOLATILE ORGANICS UNDER THE CLEAN WATER ACT, PHASE TWO Priority: Substantive, Nonsignificant Legal Authority: 33 USC 1314( h) CWA 304( h); 33 USC 1361( a) CWA 501( a)

CFR Citation: 40 CFR 136 Legal Deadline: None Abstract: This regulatory action would amend the Guidelines Establishing Test Procedures for the Analysis of Pollutants under 40 CFR Part 136 to approve new procedures for the analysis of miscellaneous metals, anions, and volatile organics under the Clean Water Act ( CWA). These methods are used for implementing water quality based permits under the National Pollutant Discharge Elimination System ( NPDES) of the CWA. This regulation would approve test procedures to be used in measuring this group of compounds under the NPDES unless the Regional Administrator approves an alternative procedure. This rulemaking would constitute the second of two segments of rulemaking initially proposed as one action.

Timetable:

Action Date NPRM 10/ 18/ 95 60 FR 53988 Final Action 11/ 00/ 04 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal, State, Local, Tribal Additional Information: SAN No. 4089 Agency Contact: William A. Telliard, Environmental Protection Agency, Water, 4303T, Washington, DC 20460 Phone: 202 566 1061 Fax: 202 566 1053 Email: telliard. william@ epa. gov Maria Gomez Taylor, Environmental Protection Agency, Water, 4303T, Washington, DC 20460 Phone: 202 566 1005 Fax: 202 566 1053 Email: gomeztaylor maria@ epamail. epa. gov RIN: 2040   AD12 3391. UNIFORM NATIONAL DISCHARGE STANDARDS FOR VESSELS OF THE ARMED FORCES  PHASE II Priority: Substantive, Nonsignificant Legal Authority: 33 USC 1322; 33 USC 1361 CFR Citation: 40 CFR 1700 Legal Deadline: Final, Statutory, May 10, 2001. Abstract: This action is Phase II of implementing regulations on Uniform National Discharge Standards for Vessels of the Armed Forces. In 1996 the Clean Water Act was amended to create section 312( n), Uniform National Discharge Standards for Vessels of the Armed Forces. Section 312( n) directs EPA and DOD to work together to provide Armed Forces vessels with a nationally uniform set of discharge standards, which preempt State discharge standards for these vessels. The purpose of the statute is to allow DOD to plan, design and build environmentally sound vessels, to encourage innovative pollution control technology, and to improve operational flexibility. EPA and DOD jointly promulgated Phase I of these regulations, 40 CFR part 1700, on May 10, 1999 ( 64 FR 25126). The Phase I rulemaking concluded that 25 discharges from Armed Forces vessels would require control devices. Some of these discharges have the potential to introduce oil or other organics into receiving waters ( such as bilge water); some have the potential to introduce copper or other metals ( such as fire main); and some have the potential to introduce nonindigenous invasive VerDate May< 05> 2003 14: 34 May 16, 2003 Jkt 200001 PO 00000 Frm 00159 Fmt 1254 Sfmt 1254 D:\ UNIFIED\ PRESSD~ 1\ UA030424. TXT apps41 PsN: UA030424 31100 Federal Register / Vol. 68, No. 101 / Tuesday, May 27, 2003 / Unified Agenda EPA   Clean Water Act ( CWA) Long Term Actions aquatic species ( such as ballast water). Phase II will establish performance standards for control devices for these 25 discharges. Once DOD implements rules for achieving the standards set in Phase II, covered discharges from Armed Forces vessels will be required to meet these standards, and will not be subject to discharge standards established by States. Timetable:

Action Date NPRM 01/ 00/ 05 Final Action 09/ 00/ 05 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal Federalism: Undetermined Additional Information: SAN No. 4357 Agency Contact: Gregory Stapleton, Environmental Protection Agency, Water, 4303T, Washington, DC 20460 Phone: 202 566 1028 Fax: 202 566 1053 Email: stapleton. gregory@ epa. gov Steven Giordano, Environmental Protection Agency, Water, 4504T, Washington, DC 20460 Phone: 202 566 1272 Fax: 202 566 1546 Email: giordano. steven@ epa. gov RIN: 2040   AD39 3392. MINIMIZING ADVERSE ENVIRONMENTAL IMPACT FROM COOLING WATER INTAKE STRUCTURES AT EXISTING FACILITIES UNDER SECTION 316( B) OF THE CLEAN WATER ACT, PHASE 3 Priority: Economically Significant. Major status under 5 USC 801 is undetermined.

Unfunded Mandates: Undetermined Legal Authority: 33 USC 1311 CWA 301; 33 USC 1316 CWA 306; 33 USC 1326 CWA 316; 33 USC 1361 CWA 501 CFR Citation: 40 CFR 9; 40 CFR 122; 40 CFR 123; 40 CFR 124; 40 CFR 125 Legal Deadline: NPRM, Judicial, November 1, 2004. Final, Judicial, June 1, 2006.

Abstract: This rulemaking affects, at a minimum, existing facilities that use cooling water intake structures, and whose intake flow levels exceed a minimum threshold EPA will determine during this rulemaking. The affected facilities include at a minimum, 1) electricity generating facilities not covered by Phase 2 regulations; 2) pulp and paper manufacturing facilities; 3) chemicals and allied products manufacturing facilities; 4) petroleum and coal products manufacturing facilities; 5) primary metals manufacturing facilities; and 6) oil and gas extraction facilities. Section 316( b) of the Clean Water Act provides that any standard established pursuant to sections 301 or 306 of the Clean Water Act and applicable to a point source shall require that the location, design, construction, and capacity of cooling water intake structures reflect the best technology available for minimizing adverse environmental impact. A primary purpose of this action is to minimize the impingement and entrainment of fish and other aquatic organisms by cooling water intake structures. Impingement refers to trapping fish and other aquatic life against cooling water intake structures. Entrainment occurs when aquatic organisms, eggs and larvae are drawn into the cooling system, through the heat exchanger, and then pumped back out with significant injury or mortality to the entrained organisms.

Timetable:

Action Date NPRM 11/ 00/ 04 Final Action 06/ 00/ 06 Regulatory Flexibility Analysis Required: Undetermined Small Entities Affected: Businesses, Governmental Jurisdictions Government Levels Affected: Federal, State, Local, Tribal Additional Information: SAN No. 4543 Sectors Affected: 211111 Crude Petroleum and Natural Gas Extraction; 211112 Natural Gas Liquid Extraction; 22111 Electric Power Generation; 21 Mining; 22133 Steam and Air Conditioning Supply; 311 Food Manufacturing; 312 Beverage and Tobacco Product Manufacturing; 313 Textile Mills; 321 Wood Product Manufacturing; 322 Paper Manufacturing; 324 Petroleum and Coal Products Manufacturing; 325 Chemical Manufacturing; 326 Plastics and Rubber Products Manufacturing; 327 Nonmetallic Mineral Product Manufacturing; 331 Primary Metal Manufacturing; 332 Fabricated Metal Product Manufacturing; 333 Machinery Manufacturing; 334 Computer and Electronic Product Manufacturing; 335 Electrical Equipment, Appliance and Component Manufacturing; 336 Transportation Equipment Manufacturing; 61131 Colleges, Universities and Professional Schools Agency Contact: John Fox, Environmental Protection Agency, Water, 4303T, Washington, DC 20460 Phone: 202 566 1040 Fax: 202 566 1053 Email: fox. john@ epa. gov Martha Segall, Environmental Protection Agency, Water, 4303T, Washington, DC 20460 Phone: 202 566 1041 Fax: 202 566 1053 Email: segall. martha@ epa. gov RIN: 2040   AD70 3393. STREAMLINING THE GENERAL PRETREATMENT REGULATIONS FOR EXISTING AND NEW SOURCES OF POLLUTION Priority: Other Significant Legal Authority: 33 USC 1314 CWA 304; 33 USC 1317 CWA 307; 33 USC 1342 CWA 402; 33 USC 1361 CWA 501 CFR Citation: 40 CFR 403 Legal Deadline: None Abstract: The final rule will be promulgated as a program streamlining activity. The rule will revise certain provisions in the General Pretreatment Regulations ( 40 CFR part 403) that address restrictions on and oversight of industrial discharges into Publicly Owned Treatment Works ( POTWs). The final rule will include exclusions or variable requirements for smaller facilities that contribute insignificant amounts of pollutants, clarify requirements for implementing Pretreatment Standards, and provide more flexible reporting, inspection and sampling requirements. The revisions should provide greater flexibility, reduce burden, and achieve improved environmental results at less cost for regulatory authorities and the regulated community.

Timetable:

Action Date NPRM 07/ 22/ 99 64 FR 39564 Final Action 12/ 00/ 04 VerDate May< 05> 2003 14: 34 May 16, 2003 Jkt 200001 PO 00000 Frm 00160 Fmt 1254 Sfmt 1254 D:\ UNIFIED\ PRESSD~ 1\ UA030424. TXT apps41 PsN: UA030424 31101 Federal Register / Vol. 68, No. 101 / Tuesday, May 27, 2003 / Unified Agenda EPA   Clean Water Act ( CWA) Long Term Actions Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses, Governmental Jurisdictions Government Levels Affected: Federal, State, Local, Tribal Additional Information: SAN No. 3663 Agency Contact: Jan Pickrel, Environmental Protection Agency, Water, 4203M, Washington, DC 20460 Phone: 202 564 7904 Fax: 202 564 6431 Email: pickrel. jan@ epa. gov Jeffrey B. Smith, Environmental Protection Agency, Water, 4203, Washington, DC 20460 Phone: 202 260 5586 Email: smith. jeff@ epa. gov RIN: 2040   AC58 3394. NPDES STREAMLINING RULE   ROUND III Priority: Substantive, Nonsignificant Legal Authority: 33 USC 1311 CWA 301; 33 USC 1312 CWA 302; 33 USC 1314 CWA 304; 33 USC 1316 CWA 306; 33 USC 1318 CWA 308; 33 USC 1342 CWA 402; 33 USC 1361 CWA 501 CFR Citation: 40 CFR 122; 40 CFR 123; 40 CFR 124 Legal Deadline: None Abstract: EPA plans to issue a rulemaking package to revise NPDES requirements in parts 122, 123, and 124 to eliminate redundant regulations, provide clarification, and remove or streamline unnecessary procedures. Revisions under consideration in this rule include adding additional permit modifications that can be considered minor modifications at 122.63, and changes to requirements concerning EPA's review of State permits. Other revisions may be considered as work on this rule progresses. This rulemaking is expected to affect entities which implement the NPDES program or are regulated by it. This includes small businesses and State, tribal and local governments. Most of these effects are expected to be deregulatory or streamlining in nature. Timetable:

Action Date NPRM 11/ 00/ 06 Final Action 08/ 00/ 07 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal, State, Local, Tribal Additional Information: SAN No. 3786 Agency Contact: Howard E. Rubin, Environmental Protection Agency, Water, 4203M, Washington, DC 20460 Phone: 202 564 2051 Fax: 202 564 9544 Email: rubin. howarde@ epa. gov Robert Wood, Environmental Protection Agency, Water, 4203M, Washington, DC 20460 Phone: 202 564 9536 Fax: 202 564 9544 Email: wood. robert@ epa. gov RIN: 2040   AC84 3395. CLEAN WATER ACT DEFINITION OF WATERS OF THE UNITED STATES Priority: Other Significant. Major status under 5 USC 801 is undetermined. Legal Authority: 33 USC 1361 CWA 501; 33 USC 1362 CWA 502 CFR Citation: 33 CFR 328.3( a); 40 CFR 110.1; 40 CFR 112.2; 40 CFR 116.3; 40 CFR 117.1; 40 CFR 122.2; 40 CFR 230.3( s); 40 CFR 232.2; 40 CFR 257.3 1( d); 40 CFR 300, app E; 40 CFR 401.11( I) Legal Deadline: None Abstract: An Advance Notice of Proposed Rulemaking ( ANPRM) on the Clean Water Act ( CWA) regulatory definition of `` waters of the United States'' was published jointly by EPA and the Department of the Army on January 15, 2003. The ANPRM solicited public input on aspects of CWA regulatory jurisdiction that should be addressed in joint rulemaking to clarify the jurisdictional status under the CWA of isolated intrastate non navigable wetlands and other waters. This action involves joint rulemaking by EPA and the Department of the Army to amend the regulatory definition of waters of the United States. The action would clarify the jurisdictional status under the Clean Water Act ( CWA) of isolated intrastate non navigable waters and wetlands. The existing regulations contain language asserting jurisdiction over isolated intrastate waters, but that regulatory provision has been the subject of a January 9, 2001, U. S. Supreme Court opinion, Solid Waste Agency of Northern Cook County vs. U. S. Army Corps of Engineers ( SWANCC). In SWANCC, the Court held that the scope of `` waters of the United States'' protected under the Clean Water Act did not extend to isolated intrastate non navigable waters based solely on presence of migratory birds. While SWANCC did not actually invalidate regulations under the CWA, the decision does establish limitations on their use. Revision of the regulatory language is necessary to address the Court's decision, improve regulatory clarity, and provide more specificity regarding CWA jurisdiction. Among other things, the rulemaking would clarify CWA jurisdiction for entities ( e. g., industrial, commercial, governmental) that discharge pollutants, including dredged or fill material, to isolated intrastate surface waters or wetlands. Small entities or state/ local/ tribal government might be affected by a change in regulatory definition of `` waters of the United States,'' if they either are regulated under, or help administer, CWA programs affecting such waters ( e. g., sections 402, 404, 311). Significant impacts on entities or such governments are not anticipated, as the proposed regulatory revisions would be consistent with the Supreme Court ruling.

Timetable:

Action Date ANPRM 01/ 15/ 03 68 FR 1991 NPRM To Be Determined Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal, State, Local, Tribal Additional Information: SAN No. 2804 Agency Contact: Donna Downing, Environmental Protection Agency, Water, 4502T, Washington, DC 20460 Phone: 202 566 1367 Fax: 202 566 1375 Email: downing. donna@ epa. gov John Lishman, Environmental Protection Agency, Water, 4502T, Washington, DC 20460 Phone: 202 566 1364 Fax: 202 566 1375 Email: lishman. <EMAIL_ADDRESS>epa. gov RIN: 2040   AB74 VerDate May< 05> 2003 14: 34 May 16, 2003 Jkt 200001 PO 00000 Frm 00161 Fmt 1254 Sfmt 1254 D:\ UNIFIED\ PRESSD~ 1\ UA030424. TXT apps41 PsN: UA030424 31102 Federal Register / Vol. 68, No. 101 / Tuesday, May 27, 2003 / Unified Agenda EPA   Clean Water Act ( CWA) Long Term Actions 3396. CLEAN WATER STATE REVOLVING FUND REGULATION REVISIONS RE: USE AS MATCHING FUNDS Priority: Substantive, Nonsignificant Legal Authority: 33 USC 1383( h)

CFR Citation: 40 CFR 35.3125( b)( 1)

Legal Deadline: None Abstract: This regulation will revise the Clean Water State Revolving Fund ( CWSRF) Regulations to allow the use of loans from the non Federal and non State match share of CWSRF funds as a match for infrastructure grants. In 1990, EPA issued regulations implementing the CWSRF program, established as title VI of the Clean Water Act ( CWA) in 1987. Section 603( h) of the CWA prohibits use of the CWSRF loan as matching funds with respect to the non Federal share of the cost of a treatment works project for which a municipality or agency is receiving assistance from the Administrator under any other authority. In issuing its regulations at 40 CFR 35.3125( b)( 1), EPA interpreted this prohibition broadly, applying the restriction to all treatment works construction. At that time, EPA believed the replacement of the construction grants program authorized by title II of the CWA by the CWSRF would result in a significant decrease in the use of other Federal grant funds for treatment works construction. However, from FY 1995 onward, Congress has authorized and appropriated funds for infrastructure construction grants in various Appropriations Acts. There are currently over 700 projects totaling over $ 3.3 billion dollars. In several cases, EPA has been asked to allow CWSRF funds to be used as a match for these grants; but 40 CFR 35.3125( b)( 1) prohibits such action. Upon reconsideration, EPA has decided its initial reading in 1990 was too broad, and the intent of Congress was only to prohibit use of CWSRF loans as a match for title II construction grants. This action will revise the regulations to allow a State, in its operation of the CWSRF, to permit a CWSRF loan for non title II infrastructure construction grant projects to be used as a nonfederal match in certain circumstances. The prohibition on the use of CWSRF as a match for a title II construction grant will continue.

Timetable:

Action Date Direct Final Rule With Companion Proposal To Be Determined Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal, State, Local, Tribal Additional Information: SAN No. 4493 Agency Contact: Chau Hoang, Environmental Protection Agency, Water, 4204M, Washington, DC 20460 Phone: 202 564 0689 Fax: 202 501 2396 Email: hoang. chau@ epa. gov Gary Hudiburgh, Environmental Protection Agency, Water, EN 336, 4204M, Washington, DC 20460 Phone: 202 564 0626 Fax: 202 501 2396 Email: hudiburgh. gary@ epamail. epa. gov RIN: 2040   AD68 3397.   REGULATIONS FOR GRAY AND BLACK WATER DISCHARGES FROM CRUISE SHIPS OPERATING IN CERTAIN ALASKAN WATERS Priority: Substantive, Nonsignificant Legal Authority: PL 106 554 sec 1404 to 1407 CFR Citation: Not Yet Determined Legal Deadline: None Abstract: Title XIV: Certain Alaska Cruise Ship Operations ( HR 4577) authorizes EPA to establish effluent standards for black and gray water from cruise ships into the waters of Alaska, the Alexander Archipelago, and the Kachemak Bay National Marine Estuarine Research Reserve. EPA will develop those standards based on the best available scientific information on the environmental effects of the regulated discharges and the availability of new technologies for wastewater treatment. The implementation of these regulations will reduce the environmental impacts of cruise ships operating in the waters of Alaska, the Alexander Archipelago, and the Kachemak Bay National Marine Estuarine Research Reserve.

Timetable:

Action Date NPRM 11/ 00/ 05 Final Action 11/ 00/ 07 Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Federal Additional Information: SAN No. 4746 Sectors Affected: 483114 Coastal and Great Lakes Passenger Transportation; 483112 Deep Sea Passenger Transportation Agency Contact: Elizabeth Beiring, Environmental Protection Agency, Water, 4504T, Washington, DC 20460 Phone: 202 566 1270 Fax: 202 566 1546 Email: beiring. elizabeth@ epa. gov David Redford, Environmental Protection Agency, Water, 4504T, Washington, DC 20460 Phone: 202 566 1288 Fax: 202 566 1546 Email: redford. david@ epa. gov RIN: 2040   AD89 Environmental Protection Agency ( EPA) Completed Actions Clean Water Act ( CWA)

3398.   OIL POLLUTION PREVENTION REGULATION: SPILL PREVENTION, CONTROL, AND COUNTERMEASURES ( SPCC) EXTENSION Priority: Substantive, Nonsignificant Legal Authority: 33 USC 1251 et seq CFR Citation: 40 CFR 112, sections 112.3( a) and ( b)

Legal Deadline: None Abstract: This rulemaking involves extension of the compliance deadlines in 40 CFR 112.3( a) and ( b). The rule would extend the time in which an owner or operator had to amend ( or, in some cases, prepare) and implement a Spill Prevention, Control, and Countermeasure ( SPCC) Plan.

VerDate May< 05> 2003 14: 34 May 16, 2003 Jkt 200001 PO 00000 Frm 00162 Fmt 1254 Sfmt 1254 D:\ UNIFIED\ PRESSD~ 1\ UA030424. TXT apps41 PsN: UA030424 31103 Federal Register / Vol. 68, No. 101 / Tuesday, May 27, 2003 / Unified Agenda EPA   Clean Water Act ( CWA) Completed Actions Timetable:

Action Date Final Action 04/ 17/ 03 68 FR 18890 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal, State, Local, Tribal Additional Information: SAN No. 2634.1 Sectors Affected: 623 Nursing and Residential Care Facilities; 2121 Coal Mining; 2123 Non Metallic Mineral Mining and Quarrying; 213113 Support Activities for Coal Mining; 213114 Support Activities for Metal Mining; 2211 Electric Power Generation, Transmission and Distribution; 234 Heavy Construction; 324 Petroleum and Coal Products Manufacturing; 31 33 Manufacturing; 42271 Petroleum Bulk Stations and Terminals; 5321 Automotive Equipment Rental and Leasing; 454311 Heating Oil Dealers; 482 Rail Transportation; 6111 Elementary and Secondary Schools; 622 Hospitals; 483 Water Transportation; 484 Truck Transportation; 485 Transit and Ground Passenger Transportation; 486 Pipeline Transportation; 6112 Junior Colleges; 6113 Colleges, Universities and Professional Schools; 211111 Crude Petroleum and Natural Gas Extraction Agency Contact: Hugo Fleischman, Environmental Protection Agency, Solid Waste and Emergency Response, 5203G, Washington, DC 20460 Phone: 703 603 8769 TDD Phone: 703 412 3323 Fax: 703 603 9116 Email: fleischman. hugo@ epa. gov Mark W. Howard, Environmental Protection Agency, Solid Waste and Emergency Response, 5203G, Washington, DC 20460 Phone: 703 603 8715 TDD Phone: 703 412 3323 Fax: 703 603 9116 Email: howard. markw@ epa. gov RIN: 2050   AF11 3399. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT REGULATION AND EFFLUENT GUIDELINES AND STANDARDS FOR CONCENTRATED ANIMAL FEEDING OPERATIONS ( CAFOS)

Priority: Economically Significant. Major under 5 USC 801.

CFR Citation: 40 CFR 122.23; 40 CFR 412 Completed:

Reason Date Final Action 02/ 12/ 03 68 FR 7125 Regulatory Flexibility Analysis Required: Yes Government Levels Affected: Federal, State, Local, Tribal Agency Contact: Paul Shriner Phone: 202 566 1076 Fax: 202 566 1053 Email: shriner. paul@ epa. gov Virginia Kibler Phone: 202 564 0596 Email: kibler. virginia@ epa. gov RIN: 2040   AD19 3400. TEST PROCEDURES: CLEAN WATER ACT AND SAFE DRINKING WATER ACT METHODS UPDATE Priority: Substantive, Nonsignificant CFR Citation: 40 CFR 136; 40 CFR 141; 40 CFR 143 Completed:

Reason Date Final Action 10/ 23/ 02 67 FR 65220 Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal, State, Local, Tribal Agency Contact: William A. Telliard Phone: 202 566 1061 Fax: 202 566 1053 Email: telliard. william@ epa. gov Khouane Ditthavong Phone: 202 566 1068 Fax: 202 566 1053 Email: ditthavong. khouane@ epa. gov RIN: 2040   AD59 3401. TEST PROCEDURES FOR THE ANALYSIS OF MERCURY UNDER THE CLEAN WATER ACT ( REVISIONS TO METHOD 1631) Priority: Substantive, Nonsignificant CFR Citation: 40 CFR 136.3 Completed:

Reason Date Final Action 10/ 29/ 02 67 FR 65876 Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal, State, Local, Tribal Agency Contact: William A. Telliard Phone: 202 566 1061 Fax: 202 566 1053 Email: telliard. william@ epa. gov Khouane Ditthavong Phone: 202 566 1068 Fax: 202 566 1053 Email: ditthavong. khouane@ epa. gov RIN: 2040   AD72 3402. TEST PROCEDURES: RULE TO REVISE AND TO RATIFY OR WITHDRAW WHOLE EFFLUENT TOXICITY TEST METHODS Priority: Substantive, Nonsignificant CFR Citation: 40 CFR 136.3 Completed:

Reason Date Final Action 11/ 19/ 02 67 FR 69951 Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal, State, Local, Tribal Agency Contact: William A. Telliard Phone: 202 566 1061 Fax: 202 566 1053 Email: telliard. william@ epa. gov Marion Kelly Phone: 202 566 1045 Fax: 202 566 1053 Email: kelly. marion@ epa. gov RIN: 2040   AD73 3403.   NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM: MODIFICATION OF PERMIT DEADLINE FOR STORM WATER DISCHARGES FROM OIL AND GAS CONSTRUCTION ACTIVITY THAT DISTURBS ONE TO FIVE ACRES Priority: Substantive, Nonsignificant Legal Authority: CWA 402( p)( 4)

VerDate May< 05> 2003 14: 34 May 16, 2003 Jkt 200001 PO 00000 Frm 00163 Fmt 1254 Sfmt 1254 D:\ UNIFIED\ PRESSD~ 1\ UA030424. TXT apps41 PsN: UA030424 31104 Federal Register / Vol. 68, No. 101 / Tuesday, May 27, 2003 / Unified Agenda EPA   Clean Water Act ( CWA) Completed Actions CFR Citation: 40 CFR 122.26( e)( 8) Legal Deadline: None Abstract: In developing the Phase II storm water regulations, EPA conducted analysis of the potential impacts of the regulation on the national economy and also analyzed impacts on small businesses. These impacts focused on implementation of sediment and erosion control practices or best management practices to reduce pollutants commonly associated with construction storm water discharges. In performing these analyses, EPA considered affected industrial sectors, including the oil and gas industry. EPA determined that few, if any, oil and gas exploration sites would be affected by Phase II and impacts on Phase II rule cost estimates were unlikely to be significant. Since January 2002, the oil and gas industry has provided information indicating that close to 30,000 oil and gas sites will be affected by the Phase II storm water regulations. In the spirit of Executive Order 13211, which directs EPA to consider the impact of its actions on energy related production activities, the Agency believes it is important to review the economic analysis of the Phase II rule to determine the impact on the oil and gas industry. In evaluating the impact, the Agency will work with states, industry, and other entities to gather and evaluate data on the development and use of appropriate best management practices for the oil and gas industry. EPA will also continue to review the scope and effect of 33 USC 1342( l) 2), relating to oil and gas exploration activities, and other provisions of the Clean Water Act. EPA extended the March 10, 2003, permit authorization deadline for Phase II oil and gas facilities to be covered by a storm water permit.

Timetable:

Action Date NPRM 12/ 30/ 02 67 FR 79827 Final Action 03/ 10/ 03 68 FR 11325 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal, State Additional Information: SAN No. 4765 URL For More Information: www. epa. gov/ npdes Agency Contact: Wendy Bell, Environmental Protection Agency, Water, 4203M, Washington, DC 20460 Phone: 202 564 0746 Fax: 202 564 6392 Email: bell. wendy@ epamail. epa. gov RIN: 2040   AD98 3404. WITHDRAWAL OF TOTAL MAXIMUM DAILY LOAD ( TMDL) PROGRAM REVISIONS Priority: Other Significant CFR Citation: 40 CFR 9; 40 CFR 122; 40 CFR 123; 40 CFR 124; 40 CFR 130 Completed:

Reason Date NPRM 12/ 27/ 02 67 FR 79020 Final Action 03/ 19/ 03 68 FR 13607 Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal, State, Tribal Agency Contact: Christine Ruf Phone: 202 566 1220 Fax: 202 566 1331 Email: ruf. christine@ epa. gov Francois Brasier Phone: 202 566 1214 Fax: 202 566 1333 Email: brasier. francoise@ epa. gov RIN: 2040   AD84 Environmental Protection Agency ( EPA) Proposed Rule Stage Safe Drinking Water Act ( SDWA)

3405. NATIONAL PRIMARY DRINKING WATER REGULATIONS: LONG TERM 2 ENHANCED SURFACE WATER TREATMENT RULE Priority: Economically Significant. Major under 5 USC 801.

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

Legal Authority: 42 USC 300f; 42 USC 300g 1; 42 USC 300g 2; 42 USC 300g 3; 42 USC 300g 4; 42 USC 300g 5; 42 USC 300g 6; 42 USC 300j 4; 42 USC 300j 9; 42 USC 300j 11 CFR Citation: 40 CFR 141 to 142; 40 CFR 9 Legal Deadline: None Abstract: The Long Term 2 Enhanced Surface Water Treatment Rule ( LT2ESWTR) will control risk from microbial pathogens in drinking water. It is being developed simultaneously with the Stage 2 Disinfectants and Disinfection Byproducts Rule ( DBPR) which will address risk caused by the use of disinfectants in drinking water. This rule could affect all public water systems that use surface water as a source. Promulgating the LT2ESWTR and the Stage 2 DBPR as a paired rulemaking is necessary to ensure that adequate protection from microbial risk is maintained while EPA manages risk from disinfection byproducts. In developing the LT2ESWTR, EPA will analyze a significant body of new survey data on microbial pathogens in source and finished waters, as well as data on parameters which could serve as indicators of microbial risk. This survey data, which was collected under the Information Collection Rule ( ICR), Supplemental Surveys to the ICR, and additional research projects, will provide a substantially more comprehensive and complete picture of the occurrence of waterborne pathogens than was available previously. EPA will also use significant new data on the efficiency of treatment processes for the removal and inactivation of microorganisms, as well as new information on the pathogenicity of certain pathogens, to determine effective regulatory requirements for controlling microbial risk. On March 30, 1999, EPA established a committee of stakeholders under the Federal Advisory Committee Act ( FACA) to assist in the development of these rules and an agreement in principle was signed in September 2000 outlining the proposed rule options.

Timetable:

Action Date NPRM 06/ 00/ 03 Final Action 07/ 00/ 04 Regulatory Flexibility Analysis Required: No VerDate May< 05> 2003 14: 34 May 16, 2003 Jkt 200001 PO 00000 Frm 00164 Fmt 1254 Sfmt 1254 D:\ UNIFIED\ PRESSD~ 1\ UA030424. TXT apps41 PsN: UA030424 31105 Federal Register / Vol. 68, No. 101 / Tuesday, May 27, 2003 / Unified Agenda EPA   Safe Drinking Water Act ( SDWA) Proposed Rule Stage Small Entities Affected: Businesses, Governmental Jurisdictions, Organizations Government Levels Affected: Federal, State, Local, Tribal Federalism: This action may have federalism implications as defined in EO 13132.

Additional Information: SAN No. 4341 Sectors Affected: 22131 Water Supply and Irrigation Systems Agency Contact: Dan Schmelling, Environmental Protection Agency, Water, Washington, DC 20460 Phone: 202 564 5281 Fax: 202 564 3767 Email: schmelling. dan@ epa. gov Thomas Grubbs, Environmental Protection Agency, Water, 4607M, Washington, DC 20460 Phone: 202 564 5262 Fax: 202 564 3767 Email: grubbs. thomas@ epa. gov RIN: 2040   AD37 3406. NATIONAL PRIMARY DRINKING WATER REGULATIONS: STAGE 2 DISINFECTION BYPRODUCTS RULE Priority: Economically Significant. Major under 5 USC 801.

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

Legal Authority: 42 USC 300f; 42 USC 300g 2; 42 USC 300g 3; 42 USC 300g 4; 42 USC 300g 5; 42 USC 300g 6; 42 USC 300j 4; 42 USC 300j 9; 42 USC 300j 11 CFR Citation: 40 CFR 141 to 142; 40 CFR 9 Legal Deadline: Final, Statutory, July 14, 2003.

Abstract: This Regulation, along with a Long Term 2 Enhanced Surface Water Treatment Rule ( LT2ESWTR) that will be promulgated simultaneously, is intended to expand existing public health protections and address concerns about risk trade offs between pathogens and disinfection byproducts. This rule could affect all public water systems that add a disinfectant to the drinking water during any part of the treatment process although the impacts may be limited to community water systems ( CWSs) and non transient noncommunity water systems ( NTNCWSs). Promulgating the LT2ESWTR and the Stage 2 DBPR as a paired rulemaking is necessary to ensure that adequate protection from microbial risk is maintained while EPA manages risk from disinfection byproducts. In developing the Stage 2 DBPR, EPA will analyze a significant body of new survey data on source water quality parameters, treatment data and disinfection byproduct occurrence. This survey data, which was collected under the Information Collection Rule ( ICR), Supplemental Surveys to the ICR, and additional research projects, will provide a substantially more comprehensive and complete picture of the occurrence of DBPs and microbiological pathogens than was available previously. EPA will also use new information on the health effects of exposure to DBPs to determine effective regulatory requirements for controlling risk. On March 30, 1999, EPA reconvened a committee of stakeholders under the Federal Advisory Committee Act ( FACA) to assist in the development of these rules and an Agreement in Principle was signed in September 2000 outlining the proposed rule options. Timetable: