SAFE DRINKING WATER ACT ( SDWA)   Proposed Rule Stage Sequence Number Title Regulation Identification Number 3405 SAN No. 4341 National Primary Drinking Water Regulations: Long Term 2 Enhanced Surface Water Treatment Rule ............................................................................................................................................................................... 2040 AD37 3406 SAN No. 4342 National Primary Drinking Water Regulations: Stage 2 Disinfection Byproducts Rule ........................ 2040 AD38 3407 SAN No. 4703 Drinking Water Contaminant Candidate List 2 ...................................................................................... 2060 AD86 SAFE DRINKING WATER ACT ( SDWA)   Final Rule Stage Sequence Number Title Regulation Identification Number 3408 SAN No. 2340 National Primary Drinking Water Regulations: Ground Water Rule ..................................................... 2040 AA97 3409 SAN No. 4447 Drinking Water: Regulatory Determinations Regarding Contaminants on the Drinking Water Contaminant Candidate List ................................................................................................................................................ 2040 AD61 3410 SAN No. 4424 Six Year Review of Existing National Primary Drinking Water Regulations ......................................... 2040 AD67 VerDate May< 05> 2003 10: 51 May 21, 2003 Jkt 200001 PO 00000 Frm 00021 Fmt 1254 Sfmt 1254 D:\ UNIFIED\ PRESSD~ 1\ UA030424. TXT apps41 PsN: UA030424 30962 Federal Register / Vol. 68, No. 101 / Tuesday, May 27, 2003 / Unified Agenda EPA SAFE DRINKING WATER ACT ( SDWA)   Long Term Actions Sequence Number Title Regulation Identification Number 3411 SAN No. 2281 National Primary Drinking Water Regulations: Radon .......................................................................... 2040 AA94 3412 SAN No. 3238 National Primary Drinking Water Regulations: Aldicarb ........................................................................ 2040 AC13 3413 SAN No. 4404 National Secondary Drinking Water Regulations ( NSDWR): Methyl Tertiary Butyl Ether ( MTBE) and Technical Corrections to the NSDWR .......................................................................................................................... 2040 AD54 3414 SAN No. 4769 National Primary and Secondary Drinking Water Regulations: Approval of Additional Method for the Detection of Coliforms and E. Coli. in Drinking Water ................................................................................................. 2040 AD90 3415 SAN No. 4775 National Primary Drinking Water Regulations: Revisions to the Total Coliform Monitoring and Analytical Requirements and Additional Distribution System Requirements ..................................................................... 2040 AD94 3416 SAN No. 4745 Drinking Water Contaminant Candidate List 3 ...................................................................................... 2040 AD99 3417 SAN No. 4236 Underground Injection Control: Update of State Programs .................................................................. 2040 AD40 3418 SAN No. 4770 Unregulated Contaminant Monitoring Regulation for Public Water Systems Revisions ...................... 2040 AD93 SAFE DRINKING WATER ACT ( SDWA)   Completed Actions Sequence Number Title Regulation Identification Number 3419 SAN No. 4638 Unregulated Contaminant Monitoring Regulation: Analytical Method for Aeromonas & National Primary & Secondary Drinking Water Regulations: Analytical Methods for Chemical & Microbiological Contaminants 2040 AD81 3420 SAN No. 4764 National Primary Drinking Water Regulations: Minor Revision To Clarify Arsenic Standard ............... 2040 AD91 3421 SAN No. 4561 Minor Revisions to the Public Notification Rule, Consumer Confidence Report Rule, and Primacy Rule ............................................................................................................................................................................... 2040 AD77 SAFE DRINKING WATER ACT ( SDWA)   Discontinued Entries Regulation Identification Number Title Date Comments 2040 AD86 SAN No. 4703 Drinking Water Contaminant Candidate List 2 05/ 06/ 2003 Duplicate of RIN 2060 AD86 2040 AD88 SAN No. 4703 Drinking Water Contaminant Candidate List 2 04/ 09/ 2003 Withdrawn  Duplicate of RIN 2040 AD86 SHORE PROTECTION ACT ( SPA)   Long Term Actions Sequence Number Title Regulation Identification Number 3422 SAN No. 2820 Shore Protection Act, Section 4103( b) Regulations .............................................................................. 2040 AB85 Environmental Protection Agency ( EPA) Proposed Rule Stage General 3005. UTILIZATION OF SMALL, MINORITY AND WOMEN'S BUSINESS ENTERPRISES IN PROCUREMENT UNDER ASSISTANCE AGREEMENTS Priority: Other Significant Legal Authority: PL 101 507; PL 102 389; PL 101 549 sec 1001; 42 USC 9605( f); PL 100 590; EO 12432; EO 12138; EO 11625 CFR Citation: 40 CFR 33 Legal Deadline: None Abstract: The regulation will codify revisions to the Agency's program for the utilization of Small, Minority and Women's Business Enterprises in procurements under assistance agreements ( i. e., grants and cooperative agreements awarded by EPA as well as grants and cooperative agreements awarded by other agencies under interagency agreements with EPA). The revisions are necessary to ensure consistency with the Supreme Court's decision in Adarand Constructors, Inc. v. Pena, 115 S. Ct. 2097 ( 1995), and were identified as part of the Clinton Administration's review of affirmative action programs. They include: ( 1) placing greater emphasis on requiring assistance agreement recipients to submit documentation supporting proposed fair share procurement VerDate May< 05> 2003 14: 34 May 16, 2003 Jkt 200001 PO 00000 Frm 00022 Fmt 1254 Sfmt 1254 D:\ UNIFIED\ PRESSD~ 1\ UA030424. TXT apps41 PsN: UA030424 30963 Federal Register / Vol. 68, No. 101 / Tuesday, May 27, 2003 / Unified Agenda EPA   General Proposed Rule Stage objectives for Minority Business Enterprises ( MBEs) and Women's Business Enterprises ( WBEs) based on the availability of qualified MBEs and WBEs in the relevant geographic market; ( 2) authorizing or requiring recipients and their prime contractors to take reasonable race/ genderconscious measures ( e. g., bidding credits) in the event that race/ genderneutral efforts prove inadequate to meet fair share objectives; and ( 3) administering statutory MBE/ WBE objectives as a national goal, allowing smaller or larger fair share objectives for particular grants or cooperative agreements based on the availability standard. Timetable:

Action Date NPRM 05/ 00/ 03 Final Action 01/ 00/ 05 Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses, Governmental Jurisdictions, Organizations Government Levels Affected: Federal, State, Local, Tribal Additional Information: SAN No. 4056 Agency Contact: Mark Gordon, Environmental Protection Agency, Office of Enforcement and Compliance Assurance, 1230, Washington, DC 20460 Phone: 202 260 8886 Fax: 202 501 0139 Email: gordon. mark@ epamail. epa. gov David Sutton, Environmental Protection Agency, Office of Enforcement and Compliance Assurance, 1230A, Washington, DC 20460 Phone: 202 564 4444 Fax: 202 501 0756 Email: sutton. david@ epamail. epa. gov RIN: 2020   AA39 3006. INCORPORATION OF CLASS DEVIATIONS INTO EPAAR Priority: Substantive, Nonsignificant Legal Authority: 40 USC 486( c) CFR Citation: 48 CFR 1537; 48 CFR 1552 Legal Deadline: None Abstract: The Agency has approved a number of class deviations ( e. g., changes to reporting requirements and monthly progress reports) to the EPAAR since its promulgation in April 1994. This proposed rule would incorporate most of the class deviations to the EPAAR.

Timetable:

Action Date NPRM 05/ 00/ 03 Final Action 08/ 00/ 03 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 3580 Agency Contact: Frances Smith, Environmental Protection Agency, Administration and Resources Management, 3802R, Washington, DC 20460 Phone: 202 564 4368 Fax: 202 565 2475 Email: smith. frances@ epa. gov RIN: 2030   AA37 3007. PROPOSED REVISION TO EPA'S IMPLEMENTING NEPA REGULATIONS Priority: Substantive, Nonsignificant Legal Authority: 42 USC 4321 CFR Citation: 40 CFR 6 Legal Deadline: None Abstract: The proposed revision is necessary to clarify and update EPA's National Environmental Policy Act ( NEPA) regulation. The revision would clarify Agency responsibilities for: Congressionally funded special appropriation projects and EPA funded grant programs. The revision would clarify public involvement procedures and organization responsibilities. The proposal would revise the list of actions which are categorically excluded from analyses. The revision is also needed to incorporate a number of Executive orders and other crosscutting requirements into the NEPA process.

Timetable:

Action Date NPRM 06/ 00/ 03 Final Action 12/ 00/ 03 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Undetermined Additional Information: SAN No. 4292 Agency Contact: Joseph Montgomery, Environmental Protection Agency, Office of Enforcement and Compliance Assurance, 2252A, Washington, DC 20460 Phone: 202 564 7157 Fax: 202 564 0070 Email: montgomery. joseph@ epamail. epa. gov Katherine Biggs, Environmental Protection Agency, Office of Enforcement and Compliance Assurance, 2252A, Washington, DC 20460 Phone: 202 564 7144 Email: biggs. katherine@ epamail. epa. gov RIN: 2020   AA42 3008. REVISION OF PROCEDURAL RULES FOR HEARINGS ON CANCELLATIONS, SUSPENSIONS, CHANGES IN CLASSIFICATIONS, AND DENIALS OF PESTICIDE REGISTRATIONS Priority: Substantive, Nonsignificant Legal Authority: 7 USC 136a( c) to 136a( d); 7 USC 136b( d) to 136b( f); 7 USC 136d( b) to 7 USC 136d( e); 7 USC 136w( a) CFR Citation: 40 CFR 164 ( Revision) Legal Deadline: None Abstract: EPA is preparing a comprehensive revision of the Rules of Practice governing the conduct of licensing adjudications under the Federal Insecticide, Fungicide, and Rodenticide Act ( FIFRA). The existing Rules of Practice were originally promulgated by EPA in 1973. In the subsequent 19 years, Congress has substantially amended FIFRA, creating a number of additional types of licensing adjudications which are not expressly provided for in the existing Rules of Practice. In order to include provisions tailored to these new types of proceedings, and to incorporate the standard practices which have evolved and the precedents which have been established since these rules were first promulgated, EPA intends to comprehensively revise the FIFRA Rules of Practice. Timetable:

Action Date NPRM 01/ 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 00023 Fmt 1254 Sfmt 1254 D:\ UNIFIED\ PRESSD~ 1\ UA030424. TXT apps41 PsN: UA030424 30964 Federal Register / Vol. 68, No. 101 / Tuesday, May 27, 2003 / Unified Agenda EPA   General Proposed Rule Stage Government Levels Affected: None Additional Information: SAN No. 4618 Sectors Affected: 111 Crop Production; 112 Animal Production; 32532 Pesticide and Other Agricultural Chemical Manufacturing Agency Contact: Scott Garrison, Environmental Protection Agency, Office of Enforcement and Compliance Assurance, 2333A, Washington, DC 20460 Phone: 202 564 4047 Fax: 202 564 5644 Email: garrison. scott@ epa. gov Kevin Lee, Environmental Protection Agency, Office of Enforcement and Compliance Assurance, 2333A Phone: 202 564 5619 Fax: 202 564 5644 Email: lee. kevin@ epa. gov RIN: 2020   AA44 3009. PRIVACY ACT REGULATIONS ( REVISED)

Priority: Info./ Admin./ Other Legal Authority: 5 USC 552a CFR Citation: 40 CFR 16 ( Revised)

Legal Deadline: None Abstract: This action proposed to revise the Privacy Act regulation to exempt new systems and systems currently claiming to be exempt from the Act. Other revisions are generally minor and include revising the access provision so that a copy of a record can be obtained without a personal inspection; changing the time limit for appeals of denials from 10 days to 30 days; changing the process for accessing Privacy Act records and contesting Privacy Act records from the system manager to the Freedom of Information Office; and referring appeals from denials of system of records maintained by the Office of Inspector General to that office for decision. The proposed rule does not have implications on small businesses nor state/ local/ tribal government.

Timetable:

Action Date NPRM 06/ 00/ 03 Final Action To Be Determined Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal Additional Information: SAN No. 4693 Agency Contact: Judy E Hutt, Environmental Protection Agency, Office of Environmental Information, 2822T, Washington, DC 20460 Phone: 202 566 1668 Fax: 202 566 1639 Email: hutt. judy@ epa. gov Deborah Williams, Environmental Protection Agency, Office of Environmental Information Phone: 202 566 1659 Fax: 202 566 1648 Email: williams. deborah@ epa. gov RIN: 2025   AA13 3010. REVISION TO EPAAR 1552.211 73, LEVEL OF EFFORT Priority: Substantive, Nonsignificant Legal Authority: 5 USC 301 Sec 205( c); 63 Stat 390 as amended CFR Citation: 48 CFR 1552 Legal Deadline: None Abstract: This rule will revise EPAAR 1552.211 73, Level of Effort, to define more concisely the services being acquired, and to more accurately reflect the relationship between services provided and fee payments.

Timetable:

Action Date NPRM Pending Legal Review 06/ 00/ 03 Final Action 09/ 00/ 03 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 4191 Agency Contact: Larry Wyborski, Environmental Protection Agency, Administration and Resources Management, 3802R, Washington, DC 20460 Phone: 202 564 4369 Fax: 202 565 2552 Email: wyborski. larry@ epa. gov RIN: 2030   AA64 3011. REVISIONS TO ACQUISITION REGULATION CONCERNING CONFLICT OF INTEREST Priority: Substantive, Nonsignificant Legal Authority: Not Yet Determined CFR Citation: Not Yet Determined Legal Deadline: None Abstract: The purpose of this rule is to revise the Agency's conflict of interest ( COI) acquisition regulations. The specific revisions involve more stringent requirements for submission of relevant information from Agency contractors and potential contractors regarding their relationships with parent companies, affiliates, subsidiaries, and sister companies. Current Agency regulations do not require the submission of this level of information. Receipt and evaluation of this information is critical in order for the Agency to decide whether or not COI situations exist and how they are to be handled. This revised rule will also codify several COI clauses that have been developed since the issuance of the previous rule in 1994.

Timetable:

Action Date NPRM 06/ 00/ 03 Final Action 09/ 00/ 03 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 4319 Sectors Affected: 5413 Architectural, Engineering and Related Services; 5416 Management, Scientific and Technical Consulting Services; 54162 Environmental Consulting Services; 5417 Scientific Research and Development Services; 562 Waste Management and Remediation Services Agency Contact: Dan Humphries, Environmental Protection Agency, Administration and Resources Management, 3802R, Washington, DC 20460 Phone: 202 564 4377 Fax: 202 565 2552 Email: humphries. daniel@ epa. gov Cal McWhirter, Environmental Protection Agency, Administration and Resources Management, 3802R, Washington, DC 20460 Phone: 202 564 4379 Fax: 202 565 2552 Email: mcwhirter. cal@ epa. gov RIN: 2030   AA67 VerDate May< 05> 2003 14: 34 May 16, 2003 Jkt 200001 PO 00000 Frm 00024 Fmt 1254 Sfmt 1254 D:\ UNIFIED\ PRESSD~ 1\ UA030424. TXT apps41 PsN: UA030424 30965 Federal Register / Vol. 68, No. 101 / Tuesday, May 27, 2003 / Unified Agenda EPA   General Proposed Rule Stage 3012.   CONTINUATION OF IMPLEMENTING THE EMPOWERMENT INITIATIVE Priority: Substantive, Nonsignificant Legal Authority: Not Yet Determined CFR Citation: Not Yet Determined Legal Deadline: None Abstract: EPA's Office of Acquisition Management conducted an internal assessment of its organization and determined that in some situations there were too many levels of review required prior to making contract awards and other contract related decisions. Consequently, steps were taken to revise internal policies to eliminate certain higher level reviews and give authority and responsibility for making decisions relating to contract actions to the qualified individuals most familiar with the contracting action. This rule is being issued as a direct final rule because the changes being made are not considered controversial and adverse comments are not expected.

Timetable:

Action Date NPRM 05/ 00/ 03 Final Action 07/ 00/ 03 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 4742 Agency Contact: Jill Robbins, Environmental Protection Agency, Administration and Resources Management, 3802R, Washington, DC 20460 Phone: 202 564 1052 Fax: 202 565 2475 Email: robbins. jill@ epa. gov RIN: 2030   AA81 3013. PERSISTENT, BIOACCUMULATIVE, AND TOXIC ( PBT) POLLUTANTS STRATEGY Priority: Substantive, Nonsignificant Legal Authority: Not Yet Determined CFR Citation: Not Yet Determined Legal Deadline: None Abstract: As described in the Agency's 1998 PBT Strategy, EPA is developing and implementing National Action Plans for certain priority PBT pollutants. These pollutants pose risks because they are toxic, persist in ecosystems, and accumulate in fish and up the food chain. The PBT challenges remaining stem from the pollutants' ability to travel long distances, to transfer rather easily among air, water, and land, and to linger for generations. EPA is forging a new approach to reduce risks from and exposures to priority PBT pollutants through increased coordination among EPA national and regional programs. This approach also requires the significant involvement of stakeholders, including international, state, local, and tribal organizations, the regulated community, environmental groups, and private citizens. EPA is initially focusing action on 12 substances either individually or as categories and two major cross cutting issues ( monitoring and outreach/ risk communication). The action plans will use the full range of tools to prevent and reduce releases of these substances. These tools include international, voluntary, outreach, programmatic, remedial, compliance monitoring and assistance, enforcement, research, and regulatory tools. EPA will integrate and sequence actions within and across action plans, and will seek to leverage these actions on international and industry sector bases. Beyond these first 12 substances EPA will identify additional PBTs for development of National Action Plans. Although these Plans are not regulatory actions, EPA has included them in the Regulatory Agenda to inform the public and regulated community because the Action Plans may discuss regulatory alternatives for consideration.

Timetable:

Action Date Notice Multimedia Strategy for PBTs 11/ 17/ 98 63 FR 63926 Action Date Notice Draft National Action Plan for Mercury 11/ 17/ 98 63 FR 63926 Notice Proposed National Action Plan for Alkyl Lead 08/ 25/ 00 65 FR 51823 Notice Proposed National Action Plan for Octachlorostyrene ( OCS) 08/ 25/ 00 65 FR 51825 Notice Draft Action Plan for Level 1 Pesticides 11/ 01/ 00 65 FR 65314 Notice Draft Action Plan for Hexachlorobezene ( HCB) 12/ 08/ 00 65 FR 77026 Notice Final Action Plan for Alkyl Lead 07/ 23/ 02 67 FR 48177 Notice Reproposed Action Plan for Mercury 10/ 00/ 03 Notice Draft Action Plan for Benzo( a) pyrene ( B( a) P) 12/ 00/ 03 Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses, Governmental Jurisdictions, Organizations Government Levels Affected: Federal, State, Local, Tribal Additional Information: SAN No. 4463 Agency Contact: Tom Murray, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7409M, Washington, DC 20460 Phone: 202 564 8829 Fax: 202 564 8901 Email: murray. tom hq@ epa. gov Paul Matthai, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7409M, Washington, DC 20460 Phone: 202 564 8839 Fax: 202 564 8899 Email: matthai. paul@ epa. gov RIN: 2070   AD45 VerDate May< 05> 2003 14: 34 May 16, 2003 Jkt 200001 PO 00000 Frm 00025 Fmt 1254 Sfmt 1254 D:\ UNIFIED\ PRESSD~ 1\ UA030424. TXT apps41 PsN: UA030424 30966 Federal Register / Vol. 68, No. 101 / Tuesday, May 27, 2003 / Unified Agenda Environmental Protection Agency ( EPA) Final Rule Stage General 3014.   IMPLEMENTATION OF AUTHORITY TO APPOINT RESEARCH SCIENTISTS UNDER 42 USC Priority: Substantive, Nonsignificant Legal Authority: Not Yet Determined CFR Citation: Not Yet Determined Legal Deadline: None Abstract: The proposed regulation will implement the Agency's authority under 42 USC 6A. I. 61 section 209( f) and 209( g) to appoint research scientists and to take related personnel actions. Under 42 USC, the Agency has authority to make appointments of research scientists and to take related personnel actions including determining qualifications, method of recruitment, selection, duration of appointment and pay. The Agency's authority under 42 USC is separate from and not limited by 5 USC. The authority granted to the Agency under 42 USC derives from one of the foundation documents of the Agency: Reorganization Plan No. 3 of 1970. Timetable:

Action Date Direct Final Action 06/ 00/ 03 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 4747 Agency Contact: John O'Brien, Environmental Protection Agency, Administration and Resources Management, 3620M, Washington, DC 20460 Phone: 202 564 6729 Fax: 202 564 2904 Email: obrien. johnt@ epa. gov RIN: 2030   AA83 3015. IMPLEMENTATION OF CHANGES TO GOVERNMENTWIDE DEBARMENT AND SUSPENSION COMMON RULE Priority: Substantive, Nonsignificant Legal Authority: EO 12549; EO 12689 and FASA CFR Citation: 40 CFR 32 Legal Deadline: None Abstract: Periodically OMB amends the Governmentwide common rule for suspension and debarment of contractors and assistance participants who threaten the integrity of Federal programs because of criminal misconduct or poor performance. All agencies must issue changes to their individual codified versions to conform to the Common Rule. Recently, the Interagency Suspension and Debarment Coordinating Committee prepared recommendations for comprehensive changes to the Common Rule to conform to changes made in the Federal Acquisition Regulation ( FAR) as a result of the Federal Acquisition Streamlining Act ( FASA). In addition, several other proposals to improve or change the rule were recommended by various agencies. In December 1996, OMB declined to implement the changes at that time due to differences with some agencies about some changes unrelated to those occasioned by FASA.

Among other things, FASA replaced the small purchase threshold ($ 25,000) with the simplified acquisition amount ($ 100,000). That change unintentionally exposed certain EPA programs to participation by contractors who may have been debarred for serious misconduct already. OMB has agreed to permit agencies to amend the coverage section of their individual agency rules to reduce or eliminate exposure to suspended or debarred persons.

EPA intends to issue a notice of proposed rulemaking to amend 40 CFR 32.110 to reduce EPA exposure to such consequences.

Timetable:

Action Date NPRM 01/ 23/ 02 67 FR 3265 Final Action 10/ 00/ 03 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 3817 Agency Contact: Robert F. Meunier, Environmental Protection Agency, Administration and Resources Management, 3901R, Washington, DC 20460 Phone: 202 564 5399 Fax: 202 565 2469 RIN: 2030   AA48 3016. CROSS MEDIA ELECTRONIC REPORTING ( ER) AND RECORDKEEPING RULE ( CROMERRR) Priority: Other Significant Legal Authority: PL 104 13; PL 105 277 CFR Citation: 40 CFR 3 ( New); 40 CFR 9 ( Revision) Legal Deadline: None Abstract: As proposed, the Cross Media Electronic Reporting ( ER) and Recordkeeping Rule ( CROMERRR) was intended to provide a uniform legal framework for paperless electronic reporting and recordkeeping, including electronic signature/ certification, across EPA's environmental compliance programs. Based on public comment, however, EPA now plans to focus on finalizing the electronic reporting components of the proposed CROMERRR, and to defer further action on the electronic recordkeeping components until a later time. Under current plans, the final electronic reporting ( ER) rule will address electronic reporting by companies regulated under all of EPA's programs: air, water, pesticides, toxic substances, wastes, and emergency response. The final rule will remove existing regulatory obstacles to electronic reporting, and it would set requirements for companies choosing to report electronically. In addition, the rule would set the conditions for allowing electronic reporting under State, tribal or local environmental programs that operate under EPA authorization. The final ER rule is intended to make electronic reporting as simple, efficient, and cost effective as possible for regulated companies, while ensuring that a transition from paper to electronic reporting does not compromise EPA's compliance and enforcement programs. Consequently, the Agency's strategy is to impose as few specific requirements as possible, and to keep those requirements neutral with respect to technology, so the rule will pose no obstacles to adopting new technologies as they emerge. To ensure that authorized programs at the State, tribal, and local levels meet EPA's electronic reporting goals, the final ER rule would specify a set of criteria that these program's must satisfy as they initiate electronic reporting. In response to public comments, EPA is also planning to include provisions for a streamlined process for EPA to review and approve authorized program VerDate May< 05> 2003 14: 34 May 16, 2003 Jkt 200001 PO 00000 Frm 00026 Fmt 1254 Sfmt 1254 D:\ UNIFIED\ PRESSD~ 1\ UA030424. TXT apps41 PsN: UA030424 30967 Federal Register / Vol. 68, No. 101 / Tuesday, May 27, 2003 / Unified Agenda EPA   General Final Rule Stage revisions or modifications to allow electronic reporting. EPA is required by the Government Paperwork Elimination Act ( GPEA) of 1998 to make the option of electronic reporting and recordkeeping available, where practicable, to its regulated community by October 2003.

Timetable:

Action Date NPRM 08/ 31/ 01 66 FR 46161 Final Action 08/ 00/ 03 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal, State, Local, Tribal Additional Information: SAN No. 4270 Agency Contact: Evi Huffer, Environmental Protection Agency, Office of Environmental Information, 2823T, Washington, DC 20460 Phone: 202 566 1697 Fax: 202 566 1684 Email: huffer. evi@ epa. gov David Schwarz, Environmental Protection Agency, Office of Environmental Information, 2823T, Washington, DC 20460 Phone: 202 566 1704 Fax: 202 566 1684 Email: schwarz. david@ epa. gov RIN: 2025   AA07 3017. FELLOWSHIP GRANT REGULATION REVISION Priority: Substantive, Nonsignificant Legal Authority: Not Yet Determined CFR Citation: 40 CFR 46 Legal Deadline: None Abstract: The Fellowship Rule ( part 46) establishes the requirements applicable to granting all EPA fellowships. It supplements 40 CFR part 30, `` Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non Profit Organizations.'' The rule requires submission of data to the Agency, however, a new ICR is not required. The rule is already cleared under current ICR approval.

Timetable:

Action Date Interim Final Rule 04/ 04/ 03 68 FR 16708 Action Date Interim Final Rule Effective 05/ 05/ 03 Interim Final Rule Comment Period End 06/ 03/ 03 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 4572 Agency Contact: W. Scott McMoran, Environmental Protection Agency, Administration and Resources Management, 3903R, Washington, DC 20460 Phone: 202 564 5376 Fax: 202 565 2468 Email: mcmoran. scott@ epa. gov RIN: 2030   AA77 3018. BACKGROUND INVESTIGATIONS FOR CONTRACTORS PERFORMING SERVICES ONSITE Priority: Substantive, Nonsignificant Legal Authority: Not Yet Determined CFR Citation: Not Yet Determined Legal Deadline: NPRM, Statutory, September 6, 2002. Final, Statutory, December 5, 2002.

Abstract: Executive Orders 10450 and 12968 require that all persons entering Federal service, including contract employees, be investigated for suitability. The Environmental Protection Agency ( EPA) is proposing to amend the EPA Acquisition Regulation ( EPAAR) to add a clause requiring contractors ( and subcontractors) to perform background checks and make suitability determinations for contractor ( and subcontractor) employees performing services on or within Federally owned or leased space and facilities, commercial space primarily occupied by Federal employees, and Superfund, Oil Pollution Act, and Stafford Act sites. The clause will require contractors ( and subcontractors) to perform background checks and make suitability determinations on their employees before the employees can perform on site contract services for the EPA. Contracting Officers will be allowed to waive the requirements of the clause on a case by case basis. The process contemplated by the clause will allow EPA to mitigate any actual or potential threat to the public health, welfare and the environment.

Timetable:

Action Date NPRM 01/ 22/ 03 68 FR 2988 Final Action 05/ 00/ 03 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 4733 Agency Contact: Paul Schaffer, Environmental Protection Agency, Administration and Resources Management, 3802R, Washington, DC 20460 Phone: 202 564 4366 Fax: 202 565 2475 Email: schaffer. paul@ epa. gov RIN: 2030   AA80 3019.   WASTE ISOLATION PILOT PLANT ( WIPP) FY 2002 REPORT TO CONGRESS Priority: Info./ Admin./ Other Legal Authority: PL 102 579 sec 23( a)( 2)

CFR Citation: Not Yet Determined Legal Deadline: None Abstract: This Report to Congress is required by Section 23( a)( 2) of the WIPP Land Withdrawal Act, which requires EPA to submit an annual report to Congress `` on the status of and resources required for the fulfillment of the Administrator's responsibilities under the Act'' regarding the Waste Isolation Pilot Plant ( WIPP). This report summarizes the activities and progress EPA has made in fulfilling its responsibilities under the Act and outlines the resources required for the Agency to meet its commitments. The WIPP is an underground repository for the permanent disposal of radioactive waste generated as by products from nuclear weapons production. It was constructed by the Department of Energy ( DOE) and is located near Carlsbad, New Mexico. In 1998, EPA certified that the WIPP complies with EPA's radioactive waste disposal standards at subpart B and C of 40 CFR 191 and EPA's WIPP compliance criteria at 40 CFR 194, and thus is safe to contain radioactive waste. Since that time, the DOE has begun emplacing waste in the WIPP. The waste is stored VerDate May< 05> 2003 14: 34 May 16, 2003 Jkt 200001 PO 00000 Frm 00027 Fmt 1254 Sfmt 1254 D:\ UNIFIED\ PRESSD~ 1\ UA030424. TXT apps41 PsN: UA030424 30968 Federal Register / Vol. 68, No. 101 / Tuesday, May 27, 2003 / Unified Agenda EPA   General Final Rule Stage approximately 2,100 feet underground in excavated, natural salt formations. EPA also has responsibility for assuring continual compliance with EPA's radioactive waste disposal standards. EPA continues to have an oversight role at the WIPP to ensure that it continues to protect human health and the environment. This Report summarizes EPA's activities past and present. Timetable:

Action Date Report to Congress 07/ 00/ 03 Regulatory Flexibility Analysis Required: No Government Levels Affected: None Additional Information: SAN No. 4761 Agency Contact: Raymond Lee, Environmental Protection Agency, Air and Radiation, 6608J, Washington, DC 20460 Phone: 202 564 7738 Fax: 202 565 2062 Email: lee. raymond@ epa. gov RIN: 2060   AK79 3020. REGULATORY INCENTIVES FOR THE NATIONAL ENVIRONMENTAL PERFORMANCE TRACK PROGRAM Priority: Other Significant Legal Authority: Not Yet Determined CFR Citation: Not Yet Determined Legal Deadline: None Abstract: The National Environmental Performance Track is designed to recognize facilities that consistently meet their legal requirements and have implemented high quality environmental management systems, and to encourage them to achieve more by continuously improving their environmental performance and informing and involving the public. Facilities gain entrance to Performance Track by submitting an application that documents that four specific criteria are met: operating environmental management system; commitment to continuous environmental improvement through documented past improvements and future commitments; engaging the public; and a strong record of compliance. To promote participation in the program, and the environmental and other benefits that will come with it, EPA intends to offer several incentives. Among those incentives are the adjustments in current regulatory requirements that are the subjects of this rulemaking. These include reducing the frequency of reports required under the Maximum Achievable Control Technology ( MACT) provisions of the Clean Air Act; streamlined reporting by publicly owned treatment works ( POTWs) under the Clean Water Act; extending on site storage of RCRA waste to 180 days; and soliciting comment on opportunities for Performance Track facilities to consolidate reporting under various environmental statutes into a single report. Timetable:

Action Date NPRM 08/ 13/ 02 67 FR 52674 Final Action 09/ 00/ 03 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: State Additional Information: SAN No. 4473 Agency Contact: Robert Sachs, Environmental Protection Agency, Office of the Administrator, 1808, Washington, DC 20460 Phone: 202 566 2884 Fax: 202 566 2989 Email: sachs. robert@ epa. gov David Guest, Environmental Protection Agency, Office of the Administrator, 1808, Washington, DC 20460 Phone: 202 566 2872 Fax: 202 566 2989 Email: guest. david@ epa. gov RIN: 2090   AA13 3021. EPA AGENCYWIDE PUBLIC INVOLVEMENT POLICY Priority: Substantive, Nonsignificant Legal Authority: Not Yet Determined CFR Citation: Not Yet Determined Legal Deadline: None Abstract: The Environmental Protection Agency is revising its 1981 Public Participation Policy. The Policy was updated to reflect changes over the intervening years such as additional Agency responsibilities, new regulations, expanded public involvement techniques, and the changed nature of public access due to the Internet. The Policy will provide guidance and direction to EPA officials on reasonable and effective means to involve the public in its regulatory and program decisions. Timetable:

Action Date NPRM Draft Public Involvement Policy 12/ 28/ 00 65 FR 82335 Final Public Involvement Policy 05/ 00/ 03 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal Additional Information: SAN No. 4530 Agency Contact: Patricia Bonner, Environmental Protection Agency, Office of the Administrator, 1807T, Washington, DC 20460 Phone: 202 566 2204 Fax: 202 566 2200 Email: bonner. patricia@ epa. gov Scott Bowles, Environmental Protection Agency, Office of the Administrator, 1807T, Washington, DC 20460 Phone: 202 566 2208 Fax: 202 566 2200 Email: bowles. scott@ epa. gov RIN: 2090   AA23 3022. PROJECT XL SITE SPECIFIC RULEMAKING FOR NASA WHITE SANDS TEST FACILITY ELECTRONIC REPORTING IN LAS CRUCES, NEW MEXICO Priority: Substantive, Nonsignificant Legal Authority: Not Yet Determined CFR Citation: Not Yet Determined Legal Deadline: None Abstract: The purpose of the NASA White Sands Test Facility ( WSTF) Electronic Reporting site specific rule is to enable the NASA WSTF to electronically submit compliance reports and permit information to the New Mexico Environmental Department ( NMED) in lieu of submitting paper reports. The rule will set forth guidelines to ensure that the information submitted by NASA WSTF to NMED is accurate by outlining procedures for data authentication, use of electronic signature and encryption processes.

Timetable:

Action Date NPRM 10/ 31/ 01 66 FR 55050 Final Action 06/ 00/ 03 Regulatory Flexibility Analysis Required: No VerDate May< 05> 2003 14: 34 May 16, 2003 Jkt 200001 PO 00000 Frm 00028 Fmt 1254 Sfmt 1254 D:\ UNIFIED\ PRESSD~ 1\ UA030424. TXT apps41 PsN: UA030424 30969 Federal Register / Vol. 68, No. 101 / Tuesday, May 27, 2003 / Unified Agenda EPA   General Final Rule Stage Government Levels Affected: Federal, State Additional Information: SAN No. 4536 Agency Contact: Kristina Heinemann, Environmental Protection Agency, Office of the Administrator, 1807T, Washington, DC 20460 Phone: 202 566 2183 Fax: 202 566 2220 Email: heinemann. kristina@ epa. gov Donna Perla, Environmental Protection Agency, Office of the Administrator, 1807T, Washington, DC 20460 Phone: 202 566 2177 Fax: 202 566 2211 Email: perla. donna@ epa. gov RIN: 2090   AA27 Environmental Protection Agency ( EPA) Long Term Actions General 3023. NONDISCRIMINATION ON THE BASIS OF RACE, COLOR, NATIONAL ORIGIN, HANDICAP, AND AGE IN PROGRAMS AND ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE Priority: Substantive, Nonsignificant Legal Authority: 42 USC 794; 42 USC 2000d to 2000d 7; 42 USC 6101 to 6107; EO 12250 CFR Citation: 28 CFR 42.101 to 42.112; 28 CFR 42.501 to 42.540; 28 CFR 42.700 to 42.736 Legal Deadline: None Abstract: The Department of Justice proposes to make amendments to its regulations implementing title VI of the Civil Rights Act of 1964 ( title VI), section 504 of the Rehabilitation Act of 1972 ( section 504), and the Age Discrimination Act of 1975 ( Age Discrimination Act). Together, these statutes prohibit discrimination on the basis of race, color, national origin, disability, and age in programs or activities that receive Federal financial assistance. In 1988, the Civil Rights Restoration Act ( CRRA) added definitions of program or activity and program to title VI and added a definition of program or activity to section 504 and the Age Discrimination Act. The added definitions were designed to clarify the broad scope of coverage of recipients' programs or activities under these statutes. The promulgation of this proposed regulation explicitly incorporates the CRRA's definition of program or activity and program into the Department's title VI, section 504, and Age Discrimination Act regulations. The Department's proposed regulation will be published as part of a joint notice of proposed rulemaking involving up to 24 Federal agencies. Timetable:

Action Date NPRM 12/ 06/ 00 65 FR 76460 Final Action To Be Determined Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal Additional Information: SAN No. 4021 Agency Contact: Ann Goode, Environmental Protection Agency, Office of Enforcement and Compliance Assurance, 1201, Washington, DC 20460 Phone: 202 564 7334 Email: goode. ann@ epa. gov RIN: 2020   AA36 3024. PUBLIC INFORMATION AND CONFIDENTIALITY REGULATIONS Priority: Substantive, Nonsignificant Legal Authority: 15 USC 2005; 15 USC 2601 et seq; 21 USC 346; 33 USC 1251 et seq; 33 USC 1414; 42 USC 11001 et seq; 42 USC 300( f) et seq; 42 USC 4912; 42 USC 6901 et seq; 42 USC 7401 et seq; 42 USC 9601 et seq; 5 USC 552; 7 USC 136 et seq CFR Citation: 40 CFR 2; 40 CFR 57; 40 CFR 122; 40 CFR 123; 40 CFR 145; 40 CFR 233; 40 CFR 260; 40 CFR 270; 40 CFR 271; 40 CFR 281; 40 CFR 350; 40 CFR 403; 40 CFR 85; 40 CFR 86 Legal Deadline: NPRM, Statutory, August 31, 2000, Proposed rule to eliminate the special treatment of CBI substantiations.

Abstract: EPA regulations at 40 CFR part 2, subpart B, provide procedures for handling and disclosing information claimed as confidential business information ( CBI). Although the current regulations have succeeded in protecting CBI, changes in Agency workload, practice, and statutory authority have made it difficult to handle CBI activities as expeditiously as desired. EPA is examining its CBI regulations to determine whether changes are needed to make them more efficient and effective. Provision 40 CFR 2.205( c), which automatically protects CBI substantiations claimed as confidential, is being examined individually and as part of the CBI regulations as a whole.

Timetable:

Action Date NPRM rev CBI Withdrawn 12/ 21/ 2000, 65 FR 80395 11/ 23/ 94 59 FR 60446 NPRM  Gen CBI regs Proposal to revise CBI regs 40 CFR Part 2, Subpart B To Be Determined Final  Gen CBI regs Final rule revising CBI regs 40 CFR Part 2, Subpart B To Be Determined Regulatory Flexibility Analysis Required: Undetermined Small Entities Affected: Businesses Government Levels Affected: Federal Additional Information: SAN No. 3240 Agency Contact: Alan D. Margolis, Environmental Protection Agency, Office of Environmental Information, 2822T, Washington, DC 20460 Phone: 202 566 1644 Fax: 202 566 1639 Email: margolis. alan@ epa. gov Rebecca Moser, Environmental Protection Agency, Office of Environmental Information, 2822, Washington, DC 20460 Phone: 202 566 1679 Fax: 202 566 1639 Email: moser. rebecca@ epa. gov RIN: 2025   AA02 VerDate May< 05> 2003 14: 34 May 16, 2003 Jkt 200001 PO 00000 Frm 00029 Fmt 1254 Sfmt 1254 D:\ UNIFIED\ PRESSD~ 1\ UA030424. TXT apps41 PsN: UA030424 30970 Federal Register / Vol. 68, No. 101 / Tuesday, May 27, 2003 / Unified Agenda EPA   General Long Term Actions 3025. GUIDELINES FOR CARCINOGEN RISK ASSESSMENT Priority: Info./ Admin./ Other Legal Authority: Not applicable CFR Citation: Not Yet Determined Legal Deadline: None Abstract: The Agency will use these guidelines to evaluate suspect carcinogens in line with the policies and procedures established in the statutes administered by the EPA. These guidelines revise and replace EPA Guidelines for Carcinogen Risk Assessment published at 51 FR 33992, September 24, 1986. These guidelines provide EPA staff and decision makers with the directions and perspectives necessary to develop and use risk assessments. The guidelines also provide the general public with basic information about the Agency's approaches to risk assessment. To develop guidelines the Agency must find a balance between consistency and innovation. Consistent risk assessments provide consistent bases to support regulatory decision making. On the other hand, innovation is necessary so the Agency will base its decisions on current scientific thinking. In balancing these and other science policies, the Agency relies on input from the general scientific community through established scientific peer review processes. The guidelines incorporate basic principles and science policies based on evaluation of the currently available information. The revisions place increased emphasis on the role of carcinogenic mechanisms in risk assessment and clearer explication of underlying assumptions in risk assessment. These guidelines will have minimal to no impact on small businesses or State, local, and tribal governments.

Timetable:

Action Date Reproposed Guidelines 04/ 23/ 96 61 FR 17960 Implementation Policy 06/ 25/ 96 61 FR 32799 Final Guidelines To Be Determined Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 3671 Agency Contact: William P. Wood, Environmental Protection Agency, Office of Research and Development, 8103, Washington, DC 20460 Phone: 202 564 3358 RIN: 2080   AA06 Environmental Protection Agency ( EPA) Completed Actions General 3026.   ADMINISTRATIVE CHANGES AND TECHNICAL AMENDMENTS TO EPAAR Priority: Substantive, Nonsignificant Legal Authority: 5 USC 30 sec 205( c); 63 Stat 390 as amended; 40 USC 486( c); 41 USC 418b CFR Citation: 48 CFR 1515 and 1533 Legal Deadline: None Abstract: The action will remove unnecessary processes from the EPA Acquisition Regulation ( EPAAR). An EPA Procurement Workgroup recommended that certain changes be made to the EPA Acquisition Regulation ( EPAAR) to remove unnecessary processes from the EPAAR. There is no anticipated impact on small business and state/ local/ tribal governments.

Timetable:

Action Date Direct Final Action 03/ 14/ 02 67 FR 11439 Regulatory Flexibility Analysis Required: No Government Levels Affected: None Additional Information: SAN No. 4780 Agency Contact: Larry Wyborski, Environmental Protection Agency, Administration and Resources Management, 3802R, Washington, DC 20460 Phone: 202 564 4369 Fax: 202 565 2552 Email: wyborski. larry@ epa. gov RIN: 2030   AA82 3027. REWRITING OF EPA REGULATIONS IMPLEMENTING THE FREEDOM OF INFORMATION ACT Priority: Substantive, Nonsignificant CFR Citation: 40 CFR 2 Completed:

Reason Date Final Action 11/ 05/ 02 67 FR 67303 Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal Agency Contact: Alan D. Margolis Phone: 202 566 1644 Fax: 202 566 1639 Email: margolis. alan@ epa. gov RIN: 2025   AA04 3028. CONTRACTOR PERFORMANCE EVALUATIONS Priority: Substantive, Nonsignificant CFR Citation: 48 CFR 1509; 48 CFR 1552 Completed:

Reason Date Final Action 10/ 31/ 02 67 FR 66342 Regulatory Flexibility Analysis Required: No Government Levels Affected: None Agency Contact: Frances Smith Phone: 202 564 4368 Fax: 202 565 2475 Email: smith. frances@ epa. gov RIN: 2030   AA79 3029.   PROJECT XL SITE SPECIFIC RULE FOR INTERNATIONAL PAPER MILL IN JAY, MAINE Priority: Substantive, Nonsignificant Legal Authority: 33 USC 1342 and 1361 CFR Citation: 40 CFR 430 Legal Deadline: None Abstract: To allow this XL project to be implemented, the Agency is finalizing a rule that exempts the IPAndroscoggin Mill from the Best Management Practices ( BMP) requirements specified in 40 CFR 430.03. This site specific rule provides that, in lieu of imposing the requirements specified in section 430.03, the permitting authority shall establish conditions for the discharge VerDate May< 05> 2003 14: 34 May 16, 2003 Jkt 200001 PO 00000 Frm 00030 Fmt 1254 Sfmt 1254 D:\ UNIFIED\ PRESSD~ 1\ UA030424. TXT apps41 PsN: UA030424 30971 Federal Register / Vol. 68, No. 101 / Tuesday, May 27, 2003 / Unified Agenda EPA   General Completed Actions of COD and color for this mill on the basis of best professional judgement. Because both EPA and the Maine Department of Environmental Protection will be signatories to the Final Project Agreement ( FPA), EPA expects that the requirements for COD and color will be based on the values and procedures specified in the FPA. Subsequent to issuance of this sitespecific rule, the appropriate permitting authority( ies) will amend or reissue the IP Androscoggin effluent discharge permit to remove the requirements corresponding to 40 CFR 430.03 and put in place instead numeric effluent limitations on COD and color that reflect, in the first phase, current effluent quality and, in the second phase, improved effluent quality resulting from the implementation by the IP Androscoggin Mill of alternative effluent improvement projects called for by this project.

Timetable:

Action Date NPRM 05/ 16/ 00 65 FR 31120 Final Action 07/ 27/ 00 65 FR 46104 Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal, State Additional Information: SAN No. 4435 Agency Contact: Chris Rascher, Environmental Protection Agency, Office of the Administrator Phone: 617 918 1834 Email: rascher. chris@ epamail. epa. gov Kristina Heinemann, Environmental Protection Agency, Office of the Administrator, 1807T, Washington, DC 20460 Phone: 202 566 2183 Fax: 202 566 2220 Email: heinemann. kristina@ epa. gov RIN: 2090   AA31 Environmental Protection Agency ( EPA) Prerule Stage Clean Air Act ( CAA)

3030.   NESHAP: PERCHLORETHYLENE DRY CLEANING FACILITIES ( SECTION 610 REVIEW) Priority: Info./ Admin./ Other Legal Authority: 42 USC 7412; 5 USC 610 CFR Citation: 40 CFR 63 Legal Deadline: None Abstract: On September 22, 1993 ( 58 FR 49354), EPA promulgated standards to control perchlorethylene emissions from drycleaning facilities under authority of section 112 of the Clean Air Act. These standards are codified in the Code of Federal Regulations at 40 CFR part 63, subpart M. In developing these standards, EPA performed a Regulatory Flexibility Analysis which indicated the rule could have a significant impact on a substantial number of small businesses. EPA then used this analysis to develop the rule in a way that mitigated smallbusiness impact to the extent possible while still fulfilling the Clean Air Act's mandates. EPA is now initiating a review of this 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 must be received by July 31, 2003. In submitting comments, please reference Docket ID number OAR 2003 0029, and follow the instructions provided in Unit H of the preamble to the Spring Regulatory Agenda. Timetable:

Action Date Begin Review 05/ 00/ 03 End Review 11/ 00/ 03 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 4785 Agency Contact: Thomas Eagles, Environmental Protection Agency, Air and Radiation, 6103A, Washington, DC 20460 Phone: 202 564 1952 Email: eagles. tom@ epa. gov RIN: 2060   AK64 3031.   STANDARDS FOR REFORMULATED AND CONVENTIONAL GASOLINE ( SECTION 610 REVIEW) Priority: Info./ Admin./ Other Legal Authority: 42 USC 7545; 5 USC 610 CFR Citation: 40 CFR 80 Legal Deadline: None Abstract: On February 16, 1994, ( 59 FR 7716), EPA promulgated standards for reformulated and conventional gasoline under authority of section 211 of the Clean Air Act. These standards are codifed in the Code of Federal Regulations at 40 CFR part 80. In developing those standards, EPA performed a Regulatory Flexibility Analysis which indicated the rule could have a significant impact on a substantial number of small businesses. EPA then used that analysis to develop the rule in a way that mitigated smallbusiness impact to the extent possible while still fulfilling the Clean Air Act's mandates.

EPA is now initiating a review of this 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 must be received by July 31, 2003.

VerDate May< 05> 2003 14: 34 May 16, 2003 Jkt 200001 PO 00000 Frm 00031 Fmt 1254 Sfmt 1254 D:\ UNIFIED\ PRESSD~ 1\ UA030424. TXT apps41 PsN: UA030424 30972 Federal Register / Vol. 68, No. 101 / Tuesday, May 27, 2003 / Unified Agenda EPA   Clean Air Act ( CAA) Prerule Stage In submitting comments, please reference Docket ID number OAR 2003 0030, and follow the instructions provided in Unit H of the preamble to the Spring Regulatory Agenda.

Timetable:

Action Date Begin Review 05/ 00/ 03 End Review 11/ 00/ 03 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 4786 Agency Contact: Thomas Eagles, Environmental Protection Agency, Air and Radiation, 6103A, Washington, DC 20460 Phone: 202 564 1952 Email: eagles. tom@ epa. gov RIN: 2060   AK65 3032.   INSPECTION/ MAINTENANCE PROGRAM REQUIREMENTS ( SECTION 610 REVIEW)

Priority: Info./ Admin./ Other Legal Authority: 42 USC 7511; 5 USC 610 CFR Citation: 40 CFR 51 subpart S Legal Deadline: None Abstract: On November 5, 1992 ( 57 FR 52950), EPA promulgated a rulemaking laying out the requirements for the automobile inspection and maintenance program under section 182( a)( 2)( B)( ii) of the Clean Air Act. These requirements are codifed in the Code of Federal Regulations at 40 CFR part 51 subpart S. In developing this rule, EPA performed a Regulatory Flexibility Analysis which indicated 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 smallentity impact to the extent possible while still fulfilling the Clean Air Act's mandates.

EPA is now initiating a review of this 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 must be received by July 31, 2003.

In submitting comments, please reference Docket ID number OAR 2003 0031, and follow the instructions provided in Unit H of the preamble to the Spring Regulatory Agenda.

Timetable:

Action Date Begin Review 05/ 00/ 03 End Review 11/ 00/ 03 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 4787 Agency Contact: Thomas Eagles, Environmental Protection Agency, Air and Radiation, 6103A, Washington, DC 20460 Phone: 202 564 1952 Email: eagles. tom@ epa. gov RIN: 2060   AK66 3033.   REVISION TO POLICY ON CONTROL OF VOLATILE ORGANIC COMPOUNDS ( VOC)

Priority: Substantive, Nonsignificant Legal Authority: 42 USC 7401 to 7671q CFR Citation: 40 CFR 51.100( s)

Legal Deadline: None Abstract: EPA is considering the proposal of revisions to its policy on control of volatile organic compounds ( VOC), including the use of photochemical reactivity in controlling VOCs. As a first step, an ANPRM will be issued soliciting public comment on various policy options. Subsequent steps could range from taking no further action to publishing a policy statement in the Federal Register.

Timetable:

Action Date ANPRM 06/ 00/ 03 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal, State Additional Information: SAN No. 4759 Agency Contact: William L. Johnson, Environmental Protection Agency, Air and Radiation, C539 02, Research Triangle Park, NC 27711 Phone: 919 541 5245 Fax: 919 541 0824 Email: johnson. williaml@ epa. gov Terry Keating, Environmental Protection Agency, Air and Radiation, 6103A, Washington, DC 20460 Phone: 202 564 1174 Fax: 202 564 1554 Email: keating. terry@ epamail. epa. gov RIN: 2060   AK75 VerDate May< 05> 2003 14: 34 May 16, 2003 Jkt 200001 PO 00000 Frm 00032 Fmt 1254 Sfmt 1254 D:\ UNIFIED\ PRESSD~ 1\ UA030424. TXT apps41 PsN: UA030424 30973 Federal Register / Vol. 68, No. 101 / Tuesday, May 27, 2003 / Unified Agenda Environmental Protection Agency ( EPA) Proposed Rule Stage Clean Air Act ( CAA)

3034.   ACCIDENTAL RELEASE PREVENTION REQUIREMENTS: RISK MANAGEMENT PROGRAMS REQUIREMENTS UNDER CLEAN AIR ACT SECTION 112( R)( 7); AMENDMENTS TO THE SUBMISSION SCHEDULE AND DATA REQUIREMENTS Priority: Substantive, Nonsignificant Legal Authority: 42 USC 7412( r)

CFR Citation: 40 CFR 68 Legal Deadline: Other, Statutory, Reports are due to the Agency by 6/ 21/ 2004.

Abstract: On June 20, 1996, EPA published risk management planning regulations mandated under the accidental release prevention provisions of the Clean Air Act ( CAA). Sources with more than a threshold quantity of a regulated substance in a process are required to develop and implement a risk management program that includes, for covered processes, a five year accident history, an off site consequence analysis, a prevention program, and an emergency response program. The owners and operators of these sources must submit a risk management plan ( RMP) that summarizes the source's implementation of the risk management program. The RMPs are to be made available to Federal, state, and local emergency planning and response agencies and to the public through a central location. The first submissions were received in June 1999; to date, approximately 15,000 sources have submitted RMPs.

EPA is proposing to modify the submission schedule under the risk management program by adding two triggers to the requirements to correct or update the RMP: ( a) sources who have an accident that meets the criteria for the five year accident history be required to update their RMP within six months of the date of the accident; and ( b) sources will be required to correct their emergency contact information within one month of a change in the information. EPA is also proposing to add four data elements to the RMP: ( a) a mandatory data element for sources to provide the e mail address for the emergency contact; ( b) new data elements for sources to provide the reason for an RMP update ( e. g. new regulated substance onsite, etc.) or correction; ( c) a new five year accident history data element requirement for the owner or operator to provide an indication of whether the accident involved an uncontrolled/ runaway reaction; and ( d) additional data elements for sources that use a contractor to fill out the RMP to provide their name, address and telephone number. Finally, EPA proposes to remove the requirement for sources to discuss the off site consequence analysis ( i. e, worst case accidental release scenario( s) and the alternative accidental release scenario( s)) within the executive summary of the RMP. This effort will ultimately provide the implementing agency important contact and accident information to allow for assistance and improved communications of information to prevent accidents.

These changes should not significantly change the associated burden. The major change would be the accidental release update requirement; however, the source will not need to submit again, provided there are no other accidents or major changes, for another 5 years. EPA intends to finalize all of these changes in time for the majority of facilities to complete their five year updates due June 21, 2004.

Timetable:

Action Date NPRM 07/ 00/ 03 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 4755 Agency Contact: Vanessa Rodriguez, Environmental Protection Agency, Solid Waste and Emergency Response, 5104A, Washington, DC 20460 Phone: 202 564 7913 Fax: 202 564 8233 Email: rodgriguez. vanessa@ epa. gov RIN: 2050   AF09 3035. PETITIONS TO DELIST SOURCE CATEGORIES FROM THE SOURCE CATEGORY LIST, DEVELOPED PURSUANT TO SECTION 112( C) OF THE CLEAN AIR ACT Priority: Substantive, Nonsignificant Legal Authority: Not Yet Determined CFR Citation: Not Yet Determined Legal Deadline: NPRM, Statutory, April 21, 2000. Abstract: The EPA has received 1 petition to remove a SC ( 2 Piece Can Manufacturing) from the SC List developed pursuant to section 112( c) of the Clean Air Act ( CAA). The most current SC List was published on February 12, 2002 ( 67 FR 6521). Section 112( c)( 9), which provides the legislative authority and guidelines for such actions, states that the Administrator may delete a SC from the list under section 112( c), on petition of any person or on the Administrator's own motion, whenever the Administrator determines that no source in the category emits hazardous air pollutants ( HAPs) in quantities which may cause a lifetime risk of cancer greater than 1 in one million to the individual in the population who is most exposed and that emissions from no source in the category exceed a level which is adequate to protect public health with an ample margin of safety and that no adverse environmental effect will result. As of August 14, 2002, one petition to delist a SC has been received. It contains information on HAP emissions, exposures, health effects, human risks, and potential ecological concerns as well as the petitioner's explanation why the 2 Piece Can Manufacturing should be removed from the SC List. The EPA is reviewing the petition. Once the review is completed, the EPA will decide whether to grant or deny the petition. Section 112( c)( 9) requires that within 12 months of receipt of a petition, the Administrator shall either grant or deny the petition by publishing a written explanation of the reasons for the Administrator's decision. Timetable:

Action Date NPRM 05/ 00/ 03 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 4415 Agency Contact: Kelly Rimer, Environmental Protection Agency, Air and Radiation, C404 01, Washington, DC 20460 Phone: 919 541 2962 Fax: 919 541 0840 Email: rimer. kelly@ epa. gov David E. Guinnup, Environmental Protection Agency, Air and Radiation, C404 01 VerDate May< 05> 2003 14: 34 May 16, 2003 Jkt 200001 PO 00000 Frm 00033 Fmt 1254 Sfmt 1254 D:\ UNIFIED\ PRESSD~ 1\ UA030424. TXT apps41 PsN: UA030424 30974 Federal Register / Vol. 68, No. 101 / Tuesday, May 27, 2003 / Unified Agenda EPA   Clean Air Act ( CAA) Proposed Rule Stage Phone: 919 541 5368 Fax: 919 541 0840 Email: guinnup. dave@ epa. gov RIN: 2060   AJ23 3036. EVALUATION OF UPDATED TEST PROCEDURES FOR THE CERTIFICATION OF GASOLINE DEPOSIT CONTROL ADDITIVES Priority: Substantive, Nonsignificant Legal Authority: CAA 211 CFR Citation: 40 CFR 80 Legal Deadline: None Abstract: All gasoline must contain additives to control the formation of deposits in the fuel supply system and engine of motor vehicles. If uncontrolled, such deposits can result in a significant increase in motor vehicle emissions. This action will propose that updated test procedures be adopted for the certification of gasoline deposit control additives regarding their ability to control fuel injector and intake valve deposits. The adoption of the updated procedures will ensure that the gasoline deposit control program continues to ensure an adequate level of deposit control, thereby preventing an increase in motor vehicle emissions. The updated test procedures require less time to perform and are less costly. Therefore, the adoption of the proposed procedures will reduce the burden on industry of complying with the gasoline deposit control program. The proposed action will not impact small businesses, or state, local, or tribal governments.

Timetable:

Action Date NPRM 01/ 00/ 04 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 4531 Agency Contact: Jeffrey A. Herzog, Environmental Protection Agency, Air and Radiation, ASD, Washington, DC 20460 Phone: 734 214 4227 Fax: 734 214 4051 Email: herzog. jeff@ epa. gov RIN: 2060   AJ61 3037. AMENDMENTS TO METHOD 24 ( WATER BASED COATINGS)

Priority: Substantive, Nonsignificant Legal Authority: 42 USC 7410 CFR Citation: 40 CFR 60 Legal Deadline: Final, Statutory, June 15, 2001.

Abstract: The determination of volatile organic compounds ( VOCs) content of a surface coating by reference Method 24 involves determination of its water content and calculation of its VOC content as the difference of the two measurements ( volatile content minus water content). Method 24 is inherently less precise for water based coatings than it is for solvent based coatings and the imprecision increases as water content increases. This action will amend Method 24 by adding a direct measurement procedure for measuring VOC content of water based coatings, thereby improving the method's precision.

Timetable:

Action Date NPRM 10/ 00/ 03 Final Action 10/ 00/ 04 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 3649 Agency Contact: Candace Sorrell, Environmental Protection Agency, Air and Radiation, D205 02, Research Triangle Park, NC 27711 Phone: 919 541 1064 Fax: 919 541 1039 Email: sorrell. candace@ epa. gov Conniesue Oldham, Environmental Protection Agency, Air and Radiation, D205 02, Research Triangle Park, NC 27711 Phone: 919 541 7774 Fax: 919 541 1039 Email: oldham. conniesue@ epamail. epa. gov RIN: 2060   AF72 3038. GENERAL CONFORMITY REGULATIONS; REVISIONS Priority: Substantive, Nonsignificant Legal Authority: 42 USC 7401 7671 CFR Citation: 40 CFR 51.850 to 51.860; 40 CFR 93.150 to 93.160 Legal Deadline: None Abstract: Section 176( c) of the Clean Air Act prohibits Federal entities from taking actions which do not conform to the State implementation plan ( SIP) for the attainment and maintenance of the national ambient air quality standards ( NAAQS). In November 1993, EPA promulgated two sets of regulations to implement section 176( c). First, on November 24, EPA promulgated the Transportation Conformity Regulations to establish the criteria and procedures for determining that transportation plans, programs, and projects which are funded under title 23 U. S. C. or the Federal Transit Act conform with the SIP. Then, on November 30, EPA promulgated regulations, known as the General Conformity Regulations, to ensure that other Federal actions also conformed to the SIPs. The EPA has not reviewed or revised the General Conformity Regulations since their 1993 promulgation. Several Federal agencies have identified concerns over the implementation of the General Conformity Regulations, including the requirements for areas designated nonattainment for the newly promulgated NAAQS. In conjunction with an ad hoc work group of representatives from several Federal agencies, EPA will review the implementation of the General Conformity Regulations. The EPA will then propose and promulgate any appropriate revision to those regulations.

Timetable:

Action Date NPRM 08/ 00/ 03 Final Action 12/ 00/ 04 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal, State, Tribal Additional Information: SAN No. 4070 Agency Contact: Annie Nikbakht, Environmental Protection Agency, Air and Radiation, C539 02, Durham, NC 27701 Phone: 919 541 5246 Fax: 919 541 0824 Email: nikbakht. annie@ epamail. epa. gov Dave Stonefield, Environmental Protection Agency, Air and Radiation,

VerDate May< 05> 2003 14: 34 May 16, 2003 Jkt 200001 PO 00000 Frm 00034 Fmt 1254 Sfmt 1254 D:\ UNIFIED\ PRESSD~ 1\ UA030424. TXT apps41 PsN: UA030424 30975 Federal Register / Vol. 68, No. 101 / Tuesday, May 27, 2003 / Unified Agenda EPA   Clean Air Act ( CAA) Proposed Rule Stage C539 02, Research Triangle Park, NC 27711 Phone: 919 541 5350 Fax: 919 541 0824 Email: stonefield. dave@ epamail. epa. gov RIN: 2060   AH93 3039.   REVISION TO THE GUIDELINE ON AIR QUALITY MODELS ( APPENDIX W TO 40 CFR PART 51): ADOPTION OF A PREFERRED GENERAL PURPOSE ( FLAT AND COMPLEX TERRAIN) DISPERSION MODEL AND OTHER REVISIONS Priority: Substantive, Nonsignificant Legal Authority: 42 USC 7410; CAAA 110( a)( 2); CAAA 165( e); CAAA 172( a); CAAA 172( c); 42 USC 7601; CAAA 301( a)( 1); CAAA 320 CFR Citation: 40 CFR 51.112; 40 CFR 51.160; 40 CFR 51.166; 40 CFR 52.21 Legal Deadline: None Abstract: This action would revise the Guideline on Air Quality Models, published as appendix W to 40 CFR part 51. The Guideline provides EPArecommended models for use in predicting ambient concentrations of pollutants for programs ranging from Prevention of Significant Deterioration ( PSD) to State Implementation Plans ( SIPs) for controlling air pollution sources. The Guideline fulfills a Clean Air Act mandate for EPA to specify models for air management purposes. This revision would enhance the Guideline by incorporating a new, general purpose dispersion model called AERMOD, which would replace the existing Industrial Source Complex ( ISC3) model in many air quality assessments, including those involving complex terrain. An earlier version of the AERMOD revision was previously proposed ( 65 FR 21505, 4/ 21/ 2000; see SAN 3470), but not promulgated. We are reproposing it to reflect changes made in response to public comment we received on the April 2000 proposal. Timetable:

Action Date NPRM 04/ 21/ 00 65 FR 21505 Supplemental NPRM 05/ 00/ 03 Final Action 09/ 00/ 03 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal, State, Local, Tribal Additional Information: SAN No. 3470 Agency Contact: Tom Coulter, Environmental Protection Agency, Air and Radiation, C339 02, Research Triangle Park, NC 27711 Phone: 919 541 0832 Email: coulter. tom@ epa. gov Joseph A. Tikvart, Environmental Protection Agency, Air and Radiation, D243 01, Research Triangle Park, NC 27711 Phone: 919 541 5562 Email: tikvart. joe@ epa. gov RIN: 2060   AK60 3040. NESHAP: PAINT STRIPPING OPERATIONS Priority: Substantive, Nonsignificant Legal Authority: 42 USC 7412 CFR Citation: 40 CFR 63 Legal Deadline: Final, Statutory, November 15, 2000.

Abstract: The EPA has determined that paint stripping operations emit at least one of the HAP's listed in section 112( b) of the Clean Air Act. As a result, the source category was included on the initial list of HAP emitting categories scheduled for promulgation within 10 years of enactment of the Act. There are several emission standards for other source categories ( for example, aerospace manufacturing and wood furniture manufacturing) that already address emissions from paint stripping operations. We are currently in the process of determining if there are any other major sources of HAP emissions from paint stripping operations that are not already regulated. Furthermore, HAP emissions from paint stripping operations that are area sources will be regulated in the future as part of the urban air toxics strategy.

Timetable:

Action Date NPRM 12/ 00/ 03 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 3746 Agency Contact: Jaime Pagan, Environmental Protection Agency, Air and Radiation, C439 01, Research Triangle Park, NC 27711 Phone: 919 541 5340 Fax: 919 541 5450 Email: pagan. jaime@ epa. gov Robert J. Wayland, Environmental Protection Agency, Air and Radiation, C439 01, Research Triangle Park, NC 27711 Phone: 919 541 1045 Fax: 919 541 5450 Email: wayland. robertj@ epa. gov RIN: 2060   AG26 3041. AIR QUALITY: REVISION TO DEFINITION OF VOLATILE ORGANIC COMPOUNDS   EXCLUSION OF 4 COMPOUNDS Priority: Substantive, Nonsignificant Legal Authority: 42 USC 7407( d) CFR Citation: 40 CFR 51 Legal Deadline: None Abstract: This is a deregulatory action to exclude four compounds from the list of volatile organic compounds ( VOCs) on the basis that these compounds make a negligible contribution to tropospheric ozone formation. These four compounds are: 1,1,1,2,2,3,3 heptafluoro 3 methoxypropane ( n C3F7OCH3; 3 ethoxy ,1,1,2,3,4,4,5,5,6,6,6 dodecafluoro 2 ( trifluoromethyl) hexane ( known as HFE 7500, HFE s702, T 7145, and L 15381); 1,1,1,2,3,3,3 heptafluoropropane ( known as HFC 227ea); and methyl formate ( HCOOCH3). These compounds have potential for use as refrigerants, fire suppressants, aerosol propellants, sterilants, blowing agents ( used in the manufacture of foamed plastic), and solvents. This action will remove the necessity to control these four compounds as VOCs in State Implementation Plans for attaining the ozone standard. Timetable:

Action Date NPRM 05/ 00/ 03 Final Action 08/ 00/ 03 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 4683 Sectors Affected: 325 Chemical Manufacturing Agency Contact: David Sanders, Environmental Protection Agency, Air VerDate May< 05> 2003 14: 34 May 16, 2003 Jkt 200001 PO 00000 Frm 00035 Fmt 1254 Sfmt 1254 D:\ UNIFIED\ PRESSD~ 1\ UA030424. TXT apps41 PsN: UA030424 30976 Federal Register / Vol. 68, No. 101 / Tuesday, May 27, 2003 / Unified Agenda EPA   Clean Air Act ( CAA) Proposed Rule Stage and Radiation, C539 02, Research Triangle Park, NC 27711 Phone: 919 541 3356 Fax: 919 541 0824 Email: sanders. dave@ epa. gov William L. Johnson, Environmental Protection Agency, Air and Radiation, C539 02, Research Triangle Park, NC 27711 Phone: 919 541 5245 Fax: 919 541 0824 Email: johnson. williaml@ epa. gov RIN: 2060   AK37 3042. REVIEW OF MINOR NEW SOURCES AND MODIFICATIONS IN INDIAN COUNTRY Priority: Substantive, Nonsignificant Legal Authority: 42 USC 7410 CFR Citation: 40 CFR 51 Legal Deadline: None Abstract: As required by the Clean Air Act's New Source Review ( NSR) provisions, the EPA is proposing Federal regulations governing preconstruction permitting of minor and major stationary sources of air pollution in Indian country. Pursuant to the Tribal Air Rule, eligible Indian Tribes may receive EPA authorization to develop and implement such programs. The Federal NSR permitting programs would be effective throughout Indian country and would be implemented by EPA if eligible Indian Tribes do not elect, or do not receive authorization, to manage such programs. The proposed Federal minor NSR rule would require sources in Indian country, with certain exceptions, to obtain a permit prior to construction if they are: ( 1) new minor sources, ( 2) existing minor sources undergoing modification, or ( 3) existing major sources undergoing minor modification. The proposed rule also would allow new or existing stationary sources to accept enforceable limits on their production capacity or hours of operation in order to be considered minor sources and avoid being subject to other Clean Air Act requirements such as the title V operating permit program. The proposed Federal major NSR rule would require sources in nonattainment areas in Indian country to obtain a permit prior to construction if they are: ( 1) new major sources, or ( 2) existing major sources undergoing major modification. These rules would not impose any mandates on Tribal governments to implement NSR permitting programs. Tribal governments may be affected, however, insofar as they own or operate sources that must obtain a permit from the EPA under the final Federal permitting program regulations.

Timetable:

Action Date NPRM 08/ 00/ 03 Final Action 08/ 00/ 04 Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses, Governmental Jurisdictions Government Levels Affected: Federal, Tribal Additional Information: SAN No. 3975 Agency Contact: Mark Sendzik, Environmental Protection Agency, Air and Radiation, C339 03, Research Triangle Park, NC 27711 Phone: 919 541 5534 Fax: 919 541 5509 Email: barkley. joyce@ epa. gov Laura McKelvey, Environmental Protection Agency, Air and Radiation, C504 01, Research Triangle Park, NC 27711 Phone: 919 541 5497 Email: mckelvey. laura@ epamail. epa. gov RIN: 2060   AH37 3043. IMPLEMENTATION RULE FOR 8 HOUR OZONE NAAQS Priority: Economically Significant. Major under 5 USC 801.

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

Legal Authority: 42 USC 7408; 42 USC 7410; 42 USC 7501 to 7511f; 42 USC 7601( a)( 1)

CFR Citation: 40 CFR 51 Legal Deadline: None Abstract: This rule would provide specific requirements for State and local air pollution control agencies and tribes to prepare State Implementation Plans ( SIPs) and Tribal Implementation Plans ( TIPs) under the 8 hour national ambient air quality standard ( NAAQS) for ozone, published by EPA on July 18, 1997. The Clean Air Act ( CAA) requires EPA to set ambient air quality standards and requires States to submit SIPs to implement those standards. The 1997 standards were challenged in court, but in February 2001, the Supreme Court determined that EPA has authority to implement a revised ozone standard, but ruled that EPA must reconsider its implementation plan for moving from the 1 hour standard to the revised standard. The Supreme Court identified conflicts between different parts of the CAA related to implementation of a revised NAAQS, provided some direction to EPA for resolving the conflicts, and left it to EPA to develop a reasonable approach for implementation. Thus, this rulemaking must address the requirements of the CAA and the Supreme Court's ruling. This rule would provide detailed provisions to address the CAA requirements for SIPs and TIPs and would thus affect States and tribes. States with areas that are not attaining the 8 hour ozone NAAQS will have to develop   as part of their SIPs   emission limits and other requirements to attain the NAAQS within the timeframes set forth in the CAA. Tribal lands that are not attaining the 8 hour ozone standard may be affected, and could voluntarily submit a TIP, but would not be required to submit a TIP. In cases where a TIP is not submitted, EPA would have the responsibility for planning in those areas.

Timetable:

Action Date NPRM 05/ 00/ 03 Final Action 12/ 00/ 03 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: State, Local, Tribal Additional Information: SAN No. 4625 Agency Contact: John Silvasi, Environmental Protection Agency, Air and Radiation, C539 02, Research Triangle Park, NC 27711 Phone: 919 541 5666 Fax: 919 541 0824 Email: silvasi. john@ epa. gov Denise Gerth, Environmental Protection Agency, Air and Radiation, C539 02, Research Triangle Park, NC 27711 Phone: 919 541 5550 Fax: 919 541 0824 Email: gerth. denise@ epamail. epa. gov RIN: 2060   AJ99 VerDate May< 05> 2003 14: 34 May 16, 2003 Jkt 200001 PO 00000 Frm 00036 Fmt 1254 Sfmt 1254 D:\ UNIFIED\ PRESSD~ 1\ UA030424. TXT apps41 PsN: UA030424 30977 Federal Register / Vol. 68, No. 101 / Tuesday, May 27, 2003 / Unified Agenda EPA   Clean Air Act ( CAA) Proposed Rule Stage 3044.   IMPLEMENTATION RULE FOR PM 2.5 NAAQS Priority: Other Significant Unfunded Mandates: This action may affect State, local or tribal governments and the private sector. Legal Authority: 42 USC 7410; 42 USC 7501 et seq CFR Citation: 40 CFR 51 Legal Deadline: None Abstract: In 1997, EPA promulgated revised National Ambient Air Quality Standards ( NAAQS) for fine particulate matter ( PM 2.5). The rule described in this paragraph   the Implementation Rule for PM 2.5 NAAQS   will include requirements and guidance for State and local air pollution agencies to develop and submit State implementation plans ( SIPs) designed to bring the areas into attainment with the 1997 standards. These SIPdevelopment activities include conducting technical analyses to identify effective strategies for reducing emissions contributing to PM 2.5 levels, and adopting regulations as needed in order to attain the standards. Ambient air quality monitoring for 1999 2001 shows that areas exceeding the standards are located throughout the eastern half of the U. S. and in California. Estimates show that compliance with the standards will prevent thousands of premature deaths from heart and lung disease, tens of thousands of hospital admissions and emergency room visits, and millions of absences from school and work every year. Timetable:

Action Date NPRM 09/ 00/ 03 Final Action 09/ 00/ 04 Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Federal, State, Local, Tribal Federalism: Undetermined Additional Information: SAN No. 4752 Agency Contact: Richard Damberg, Environmental Protection Agency, Air and Radiation, C504 02, Washington, DC 20460 Phone: 919 541 5592 Fax: 919 541 5489 Email: damberg. rich@ epa. gov Joe Paisie, Environmental Protection Agency, Air and Radiation, C504 02 Phone: 919 541 5556 Fax: 919 541 5489 Email: paisie. joe@ epamail. epa. gov RIN: 2060   AK74 3045. AMENDMENTS TO STANDARD OF PERFORMANCE FOR NEW STATIONARY SOURCES; MONITORING REQUIREMENTS ( 40 CFR PART 60, APPENDIX F, PROCEDURE 3)

Priority: Substantive, Nonsignificant Legal Authority: 42 USC 7411 CFR Citation: 40 CFR 60 Legal Deadline: Final, Statutory, June 15, 2001.

Abstract: This rulemaking proposes to add a method, Method 203, for the measurement of opacity from stationary sources, to appendix M ( Example Test Methods for State Implementation Plans) in 40 CFR part 51. This action provides States with an instrumental test method which can be used in determining, on a continuous basis, compliance with stationary source opacity emission limitations.

Timetable:

Action Date NPRM 10/ 07/ 92 57 FR 46114 Supplemental NPRM 05/ 00/ 03 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 3958 Agency Contact: Solomon O. Ricks, Environmental Protection Agency, Air and Radiation, MD 19, Washington, DC 20460 Phone: 919 541 5242 Fax: 919 541 1039 Email: ricks. solomon@ epa. gov Frederick J. Thompson, Environmental Protection Agency, Air and Radiation, MD 19, Research Triangle Park, NC 27711 Phone: 919 541 2707 Email: thompson. fred@ epa. gov RIN: 2060   AH23 3046. PERFORMANCE SPECIFICATION 16   SPECIFICATIONS AND TEST PROCEDURES FOR PREDICTIVE EMISSION MONITORING SYSTEMS IN STATIONARY SOURCES Priority: Substantive, Nonsignificant Legal Authority: 42 USC 7411 CFR Citation: 40 CFR 60 Legal Deadline: None Abstract: Performance Specification 16 is being proposed to provide performance criteria for predictive emission monitoring systems. Predictive systems represent a new technology that uses process information or parameters to predict pollutant emissions instead of directly measuring them. The Agency is allowing their use in recently promulgated rules and they are being considered by a number of regulated facilities. The specification lists the requirements for acceptable systems that are met by passing tests that compare the monitoring system with standardized methods and audit gases to determine system accuracy and stability. Performance Specification 16 will primarily apply to facilities whose emissions can be predicted from process parameters such as combustion processes ( including gas turbines and internal combustion engines).

Timetable:

Action Date NPRM 06/ 00/ 03 Final Action 06/ 00/ 04 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: State Additional Information: SAN No. 4119 Sectors Affected: 33241 Power Boiler and Heat Exchanger Manufacturing; 333611 Turbine and Turbine Generator Set Unit Manufacturing; 333618 Other Engine Equipment Manufacturing; 336399 All Other Motor Vehicle Parts Manufacturing Agency Contact: Foston Curtis, Environmental Protection Agency, Air and Radiation, MD 19, Washington, DC 20460 Phone: 919 541 1063 Email: curtis. foston@ epamail. epa. gov Conniesue Oldham, Environmental Protection Agency, Air and Radiation,

VerDate May< 05> 2003 10: 51 May 21, 2003 Jkt 200001 PO 00000 Frm 00037 Fmt 1254 Sfmt 1254 D:\ UNIFIED\ PRESSD~ 1\ UA030424. TXT apps41 PsN: UA030424 30978 Federal Register / Vol. 68, No. 101 / Tuesday, May 27, 2003 / Unified Agenda EPA   Clean Air Act ( CAA) Proposed Rule Stage D205 02, Research Triangle Park, NC 27711 Phone: 919 541 7774 Fax: 919 541 1039 Email: oldham. conniesue@ epamail. epa. gov RIN: 2060   AH84 3047.   REVISIONS TO METHODS 3A, 6C, 7E, 10, AND 20 Priority: Substantive, Nonsignificant Legal Authority: 42 USC 7411 CFR Citation: 40 CFR 60 Legal Deadline: None Abstract: Methods 3A, 6C, 7E, 10, and 20 of 40 CFR part 60, appendix A are instrumental methods that are being revised to make their performance criteria consistent. Analyzer calibration error tests and sampling system bias tests now required in Methods 3A, 6C, and 7E are being added to Methods 10 and 20. Inconsistent acceptance criteria for other performance tests and calibration gas quality are also being made uniform. Performance criteria currently determined based on the instrument span is being revised to an emission limit basis. This change will fix the acceptance limits for all source tests on the applicable emission limit and not on a span value that sources have some discretion in choosing. These revisions were proposed on August 27, 1997, in an announcement entitled `` Amendments for Testing and Monitoring Provisions.'' They were considered not significant at that time. The public did not feel that the preamble to the rule provided adequate notice of the changes being made to the methods. The commenters requested a reproposal of these revisions to the instrumental methods to allow for adequate public review. Methods 7F and 7G are new methods that measure nitrogen oxides electrochemically. These methods are being proposed in response to requests made by vendors/ sources. These methods will add flexibility to the testing provisions currently in place and will not add requirements or affect the stringency of the underlying emission standards.

Timetable:

Action Date NPRM 05/ 00/ 03 Final Rule 04/ 00/ 04 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal Additional Information: SAN No. 4161 Agency Contact: Foston Curtis, Environmental Protection Agency, Air and Radiation, MD 19, Washington, DC 20460 Phone: 919 541 1063 Email: curtis. foston@ epamail. epa. gov RIN: 2060   AK61 3048. NESHAP: PRINTING AND PUBLISHING INDUSTRY; AMENDMENTS Priority: Substantive, Nonsignificant Legal Authority: 42 USC 7412 CFR Citation: 40 CFR 63 Legal Deadline: Final, Statutory, November 15, 1994. Abstract: The amendments will clarify the rule and ensure it reflects the EPA's intent. Timetable:

Action Date NPRM 06/ 00/ 03 Final Action 12/ 00/ 03 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal, State, Local Additional Information: SAN No. 4310 Agency Contact: Dave Salman, Environmental Protection Agency, Air and Radiation, C539 03, Research Triangle Park, NC 27711 Phone: 919 541 0859 Fax: 919 541 5689 Email: salman. dave@ epa. gov Dianne Byrne, Environmental Protection Agency, Air and Radiation, C435 D, Research Triangle Park, NC 27711 Phone: 919 541 5342 Fax: 919 541 5689 Email: byrne. dianne@ epa. gov RIN: 2060   AI66 3049. PETITIONS TO DELIST HAZARDOUS AIR POLLUTANTS: MEK Priority: Substantive, Nonsignificant Legal Authority: Clean Air Act sec 112( b)( 3) CFR Citation: 40 CFR 63 Legal Deadline: NPRM, Statutory, February 28, 2000.

Abstract: The Agency has received four petitions to remove certain pollutants ( i. e., methanol, methyl ethyl ketone, ethylene glycol butyl ether, and methyl isobutyl ketone) from the list of hazardous air pollutants ( HAPs) under section 112( b) of the Clean Air Act. The Agency must review the petitions and either grant or deny the petition within 18 months of the date the complete petition was received. If the Agency grants a petition, a notice of proposed rulemaking will be published in the Federal Register, allowing the opportunity for public comment. If the Agency denies a petition, a notice of denial will be published in the Federal Register providing an explanation for such denial. If the Agency grants a petition and ultimately removes the pollutant from the HAP list then sources emitting such pollutants would not be required to meet MACT emissions standards for the pollutant. If on the other hand, the Agency denies the petition, then MACT standards would be issued as currently planned under section 112( c) and 112( d) of the Clean Air Act for sources emitting such pollutants. Depending on the four individual determinations, the Agency will issue separate notices for each.

Timetable:

Action Date Denial Notice: Methanol Petition 05/ 02/ 01 66 FR 21929 NPRM: MEKDelist Denial Notice 3 Petitions by 06/ 2002 05/ 00/ 03 NPRM: EGBEDelist Denial Notice 10/ 00/ 03 NPRM: MIBKDelist Denial Notice 12/ 00/ 03 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Undetermined Additional Information: SAN No. 4313 Agency Contact: Kelly Rimer, Environmental Protection Agency, Air and Radiation, C404 01, Washington, DC 20460 Phone: 919 541 2962 Fax: 919 541 0840 Email: rimer. kelly@ epa. gov VerDate May< 05> 2003 14: 34 May 16, 2003 Jkt 200001 PO 00000 Frm 00038 Fmt 1254 Sfmt 1254 D:\ UNIFIED\ PRESSD~ 1\ UA030424. TXT apps41 PsN: UA030424 30979 Federal Register / Vol. 68, No. 101 / Tuesday, May 27, 2003 / Unified Agenda EPA   Clean Air Act ( CAA) Proposed Rule Stage David E. Guinnup, Environmental Protection Agency, Air and Radiation, C404 01 Phone: 919 541 5368 Fax: 919 541 0840 Email: guinnup. dave@ epa. gov RIN: 2060   AI72 3050. ELECTRIC UTILITY STEAM GENERATING UNIT MACT REGULATION 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 7412 CFR Citation: 40 CFR 63 Legal Deadline: NPRM, Judicial, December 15, 2003. Final, Judicial, December 15, 2004.

Abstract: In December 2000, the EPA determined that regulation of hazardous air pollutant emissions ( HAP) from oil and coal fired electric utility steam generating units was necessary and appropriate. This finding was based on the results of the study mandated by section 112( n)( 1)( A) of the Clean Air Act, as amended. The regulation( s) will be developed under section 112 and will result in standards based on the use of maximum achievable control technology ( MACT). The primary benefit will be the reduction of mercury emissions to the atmosphere from coalfired units but other HAP will also be reduced. Small businesses and State/ local/ tribal governments could be impacted ( particularly those governments owning or operating oil or coal fired electric generation facilities).

Timetable:

Action Date NPRM 12/ 00/ 03 Final Action 12/ 00/ 04 Regulatory Flexibility Analysis Required: Undetermined Small Entities Affected: Businesses, Governmental Jurisdictions Government Levels Affected: Federal, State, Local, Tribal Additional Information: SAN No. 4571 Sectors Affected: 221112 Fossil Fuel Electric Power Generation Agency Contact: Robert J. Wayland, Environmental Protection Agency, Air and Radiation, C439 01, Research Triangle Park, NC 27711 Phone: 919 541 1045 Fax: 919 541 5450 Email: wayland. robertj@ epa. gov William H. Maxwell, Environmental Protection Agency, Air and Radiation, C439 01, Research Triangle Park, NC 27711 Phone: 919 541 5430 Fax: 919 541 5450 Email: maxwell. bill@ epa. gov RIN: 2060   AJ65 3051. PORTLAND CEMENT MANUFACTURING INDUSTRY NESHAP: AMENDMENT TO IMPLEMENT COURT REMAND Priority: Substantive, Nonsignificant Legal Authority: 42 USC 7412 CFR Citation: 40 CFR 63.1340 to 63.1359 Legal Deadline: None Abstract: The Portland Cement Manufacturing Industry NESHAP was promulgated June 14, 1999, and has been codified in 40 CFR 63, subpart LLL. The Sierra Club and the National Lime Association petitioned the court to review subpart LLL, while the American Portland Cement Alliance ( APCA) opted to negotiate a settlement agreement. ( Note that there is currently a separate rule under development to amend subpart LLL to implement the settlement agreement with the APCA   SAN 4524, RIN 2060 AJ57). On December 15, 2000, a panel of the D. C. Circuit issued its opinion in National Lime Ass'n v. EPA. The Court remanded the three standards for which we established floors of no control ( hydrogen chloride ( HCl), total hydrocarbon ( THC), and mercury ( Hg)). The Court found that we committed error in not considering other means of control, in particular, control of HAPs in raw materials and in fossil fuels. The Court also remanded that we consider setting beyond the floor standards for HAP metals, for which particulate matter ( PM) is a surrogate. This action will consist of amendments to respond to the court remand.

Timetable:

Action Date NPRM 06/ 00/ 03 Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses Government Levels Affected: None Additional Information: SAN No. 4585 Sectors Affected: 32731 Cement Manufacturing Agency Contact: Keith Barnett, Environmental Protection Agency, Air and Radiation, C504 05, Research Triangle Park, NC 27711 Phone: 919 541 5605 Fax: 919 541 5600 Email: barnett. keith@ epa. gov James U. Crowder, Environmental Protection Agency, Air and Radiation, C504 05, Research Triangle Pa, NC 27711 Phone: 919 541 5596 Fax: 919 541 5600 Email: crowder. jim@ epa. gov RIN: 2060   AJ78 3052. NATIONAL EMISSION STANDARDS FOR COKE OVEN BATTERIES   RESIDUAL RISK STANDARDS Priority: Other Significant Legal Authority: 42 USC 7412 CFR Citation: 40 CFR 63 Legal Deadline: NPRM, Statutory, October 27, 2001, National Emission Standards for Coke Ovens  Residual Risk Standards. Abstract: The Clean Air Act ( CAA) section 112( f), standard to protect health and the environment is the statutory authority for this rulemaking. In accordance with section 112( f)( 2), EPA must promulgate residual risk standards 8 years after promulgation of emission standards. We promulgated emission standards for charging, topside leaks, and door leaks at coke ovens on October 27, 1993. This rule will further reduce coke oven emissions from charging, topside leaks, and door leaks at the affected coke plants. Timetable:

Action Date NPRM 08/ 00/ 03 Final Action 08/ 00/ 04 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal, State VerDate May< 05> 2003 14: 34 May 16, 2003 Jkt 200001 PO 00000 Frm 00039 Fmt 1254 Sfmt 1254 D:\ UNIFIED\ PRESSD~ 1\ UA030424. TXT apps41 PsN: UA030424 30980 Federal Register / Vol. 68, No. 101 / Tuesday, May 27, 2003 / Unified Agenda EPA   Clean Air Act ( CAA) Proposed Rule Stage Additional Information: SAN No. 4620 Sectors Affected: 331111 Iron and Steel Mills Agency Contact: Lula Melton, Environmental Protection Agency, Air and Radiation, C435 D, Research Triangle Park, NC 27711 Phone: 919 541 2910 Fax: 919 541 5450 Email: melton. lula@ epa. gov David E. Guinnup, Environmental Protection Agency, Air and Radiation, C404 01 Phone: 919 541 5368 Fax: 919 541 0840 Email: guinnup. dave@ epa. gov RIN: 2060   AJ96 3053. NESHAP: SOLVENT EXTRACTION FOR VEGETABLE OIL: AMENDMENTS Priority: Substantive, Nonsignificant Legal Authority: 42 USC 7401 et seq CFR Citation: 40 CFR 63 Legal Deadline: None Abstract: On April 12, 2001, EPA promulgated National Emission Standards for Hazardous Air Pollutants ( NESHAP) for solvent extraction of vegetable oil. This amendment will consider adjustments to that NESHAP in light of information gained since its promulgation.

Timetable:

Action Date NPRM 03/ 00/ 04 Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses Government Levels Affected: None Additional Information: SAN No. 4672 Sectors Affected: 311222 Soybean Processing; 311223 Other Oilseed Processing; 311225 Fats and Oils Refining and Blending; 311225 Fats and Oils Refining and Blending Agency Contact: James F. Durham, Environmental Protection Agency, Air and Radiation, MD 13, Research Triangle Park, NC 27711 Phone: 919 541 5672 Fax: 919 541 0246 Email: durham. jim@ epa. gov Kent C. Hustvedt, Environmental Protection Agency, Air and Radiation, C439 03, Research Triangle Park, NC 27711 Phone: 919 541 5395 Fax: 919 541 0246 Email: hustvedt. ken@ epa. gov RIN: 2060   AK32 3054. NESHAP FOR PRIMARY ALUMINUM REDUCTION PLANTS; AMENDMENTS Priority: Substantive, Nonsignificant Legal Authority: 42 USC 7412 CFR Citation: 40 CFR 63 Legal Deadline: None Abstract: The NESHAP for Primary Aluminum Reduction Plants was promulgated in 1997 ( 40 CFR part 63, subpart LL). The amendments described here would revise the emission limit for polycyclic organic matter applicable to one subcategory of source based on newly available data more representative of performance from the top five performing sources. The proposed amendments would also clarify language on compliance dates and add specific provisions for startup of new or reconstructed affected sources and affected sources that restart after being idled for long periods of time. More time would be allowed due to the nature of the process operation, depending on the type of source. No additional costs or information collection requirements would be incurred as a result of the amendments. There also are no significant policy issues. State agency and industry representatives concur with the changes, which will improve implementation of the 1997 rule.

Timetable:

Action Date NPRM 05/ 00/ 03 Final Action 09/ 00/ 03 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 4713 Agency Contact: Steve Fruh, Environmental Protection Agency, Air and Radiation, C439 02, Research Triangle Park, NC 27711 Phone: 919 541 2837 Fax: 919 541 5450 Email: fruh. steve@ epamail. epa. gov Susan Wyatt, Environmental Protection Agency, Air and Radiation, C435 D, Research Triangle Park, NC 27711 Phone: 919 541 5674 Fax: 919 541 0942 Email: wyatt. susan@ epamail. epa. gov RIN: 2060   AK50 3055. NESHAP FOR SOURCE CATEGORIES: GENERAL PROVISIONS; AMENDMENTS FOR POLLUTION PREVENTION ALTERNATIVE COMPLIANCE REQUIREMENTS Priority: Substantive, Nonsignificant Legal Authority: 42 USC 7412 CFR Citation: 40 CFR 63.2; 40 CFR 63.17 Legal Deadline: None Abstract: We are proposing amendments to the part 63 General Provisions that would allow facilities that are subject to a maximum achievable control technology ( MACT) subpart to discontinue unnecessary requirements if, through pollution prevention measures, they achieve and can demonstrate continued hazardous air pollutant ( HAP) emission reductions equivalent to or better than the MACT level of control. We are proposing these amendments to encourage and promote pollution prevention, which is our strategy of first choice in reducing HAP emissions. We expect these amendments to result in no additional burden for sources and air pollution control agencies. This effort is the product of discussions with State and local air pollution control officials. There also are no significant policy issues.

Timetable:

Action Date NPRM 05/ 00/ 03 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 4719 Agency Contact: Steve Fruh, Environmental Protection Agency, Air and Radiation, C439 02, Research Triangle Park, NC 27711 Phone: 919 541 2837 Fax: 919 541 5450 Email: fruh. steve@ epamail. epa. gov VerDate May< 05> 2003 14: 34 May 16, 2003 Jkt 200001 PO 00000 Frm 00040 Fmt 1254 Sfmt 1254 D:\ UNIFIED\ PRESSD~ 1\ UA030424. TXT apps41 PsN: UA030424 30981 Federal Register / Vol. 68, No. 101 / Tuesday, May 27, 2003 / Unified Agenda EPA   Clean Air Act ( CAA) Proposed Rule Stage Susan Wyatt, Environmental Protection Agency, Air and Radiation, C435 D, Research Triangle Park, NC 27711 Phone: 919 541 5674 Fax: 919 541 0942 Email: wyatt. susan@ epamail. epa. gov RIN: 2060   AK54 3056.   PETITION TO DELIST A HAZARDOUS AIR POLLUTANT ( HAP) SOURCE CATEGORY FROM SECTION 112 OF THE CLEAN AIR ACT   GAS TURBINES Priority: Substantive, Nonsignificant Legal Authority: 42 USC 7401 et seq CFR Citation: 40 CFR 63 Legal Deadline: Other, Statutory, 12 months from the date of the receipt of the last information completing the petition.

Abstract: The Agency has received a petition to remove the Gas Turbines source category from the list of hazardous air pollutant sources under section 112( c) of the Clean Air Act. The Agency must review the petition and either grant or deny the petition within 12 months of the date the complete petition is received. If the Agency grants the petition, a notice of proposed rulemaking will be published in the FR, allowing the opportunity for public comment. If the Agency denies the petition, a notice of denial will be published in the FR providing an explanation of the denial.

Timetable:

Action Date NPRM or Notice ( NPRM Issued Only If Petition Is Granted) 10/ 00/ 03 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Undetermined Additional Information: SAN No. 4751 Sectors Affected: 3336 Engine, Turbine, and Power Transmission Equipment Manufacturing; 221112 Fossil Fuel Electric Power Generation Agency Contact: Kelly Rimer, Environmental Protection Agency, Air and Radiation, C404 01, Washington, DC 20460 Phone: 919 541 2962 Fax: 919 541 0840 Email: rimer. kelly@ epa. gov David E. Guinnup, Environmental Protection Agency, Air and Radiation, C404 01 Phone: 919 541 5368 Fax: 919 541 0840 Email: guinnup. dave@ epa. gov RIN: 2060   AK73 3057. SECTION 126 RULE WITHDRAWAL PROVISION Priority: Substantive, Nonsignificant Legal Authority: 42 USC 7426 CFR Citation: 40 CFR 52 Legal Deadline: None Abstract: EPA is proposing to revise one narrow aspect of the Section 126 Rule, which was promulgated January 18, 2000. The rule requires certain sources located in the eastern United States to reduce their NOx emissions for purposes of reducing ozone transport. EPA coordinated the Section 126 Rule with a related ozone transport rule, known as the NOx State implementation plan call ( NOx SIP Call), which also addresses ozone transport in the eastern United States. The EPA established the same compliance date for both rules, May 1, 2003. EPA included a provision in the Section 126 Rule which provided that where a State adopted, and EPA approved, a SIP controlling transport under the NOx SIP Call, and with a May 1, 2003 compliance date, EPA would withdraw the Section 126 requirements for sources in that State. This was a practical way to address the overlap between the two rules and avoid having sources be subject to two sets of potentially different NOx transport control requirements. As the result of court actions, the compliance dates for the Section 126 Rule and the NOx SIP Call have both been delayed until May 31, 2004. In addition, the NOx SIP Call has been divided into two phases. Therefore, it is necessary to revise the Section 126 Rule withdrawal provision so that it will continue to operate under these new circumstances. This proposal would not create any new requirements and there are no associated costs.

Timetable:

Action Date NPRM 05/ 00/ 03 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 4689 Agency Contact: Carla Oldham, Environmental Protection Agency, Air and Radiation, C539 02, RTP, NC 27711 Phone: 919 541 3347 Fax: 919 541 0824 Email: oldham. carla@ epa. gov Doug Grano, Environmental Protection Agency, Air and Radiation, C539 02, Research Triangle Park, NC 27711 Phone: 919 541 3292 Fax: 919 541 0824 Email: grano. doug@ epamail. epa. gov RIN: 2060   AK41 3058. TRANSPORTATION CONFORMITY AMENDMENTS: RESPONSE TO MARCH 2, 1999, COURT DECISION Priority: Other Significant Legal Authority: 42 USC 7401 7671q CFR Citation: 40 CFR 93 Legal Deadline: None Abstract: The Clean Air Act requires EPA to promulgate rules that establish the criteria and procedures for determining whether highway and transit plans, programs, and projects conform to state air quality plans. Conformity means that the transportation actions will not cause or worsen violations of air quality standards or delay timely attainment of the standards. The original conformity rule was finalized on November 24, 1993, and most recently amended on August 15, 1997. On March 2, 1999, the U. S. Court of Appeals overturned certain provisions of the 1997 conformity amendments. This rulemaking will amend the conformity rule in compliance with the court decision. The rulemaking will formalize the May 14, 1999, EPA guidance and the June 18, 1999, DOT guidance that was issued to guide action on this issue until a rulemaking could be issued. Specifically, the rulemaking will clarify the types of projects that can be implemented in the absence of a conforming transportation plan. It will also explain EPA's process for reviewing newly submitted air quality plans and when those submissions can be used for conformity purposes.

VerDate May< 05> 2003 14: 34 May 16, 2003 Jkt 200001 PO 00000 Frm 00041 Fmt 1254 Sfmt 1254 D:\ UNIFIED\ PRESSD~ 1\ UA030424. TXT apps41 PsN: UA030424 30982 Federal Register / Vol. 68, No. 101 / Tuesday, May 27, 2003 / Unified Agenda EPA   Clean Air Act ( CAA) Proposed Rule Stage Timetable:

Action Date NPRM 08/ 00/ 03 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal, State, Local, Tribal Additional Information: SAN No. 4340 Agency Contact: Angela Spickard, Environmental Protection Agency, Air and Radiation, NFEVL, Ann Arbor, MI 48105 Phone: 734 214 4283 Fax: 734 214 4052 Email: spickard. angela@ epa. gov RIN: 2060   AI56 3059. NATIONAL VOC EMISSION STANDARDS FOR CONSUMER PRODUCTS; PROPOSED AMENDMENTS Priority: Substantive, Nonsignificant Legal Authority: 42 USC 7511b CFR Citation: 40 CFR 59 Legal Deadline: None Abstract: Amendments to the consumer products rule are being proposed to clarify and correct the rule.

Timetable:

Action Date NPRM 05/ 00/ 03 Final Action 05/ 00/ 04 Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses Government Levels Affected: Federal, State, Local, Tribal Additional Information: SAN No. 4309 Sectors Affected: 32599 All Other Chemical Product Manufacturing Agency Contact: Bruce Moore, Environmental Protection Agency, Air and Radiation, C435 D, Research Triangle Park, NC 27711 Phone: 919 541 5460 Fax: 919 541 0072 Email: moore. bruce@ epa. gov Dianne Byrne, Environmental Protection Agency, Air and Radiation, C435 D, Research Triangle Park, NC 27711 Phone: 919 541 5342 Fax: 919 541 5689 Email: byrne. dianne@ epa. gov RIN: 2060   AI62 3060. CONTROL OF EMISSIONS OF AIR POLLUTION FROM NONROAD DIESEL ENGINES AND FUEL Priority: Economically Significant. Major under 5 USC 801.

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

Legal Authority: 15 USC 2002 CFR Citation: 40 CFR 89 Legal Deadline: None Abstract: On October 23, 1998, EPA finalized emission standards for nonroad compression ignition ( i. e., diesel) engines for engines over 37 kW( 50hp). The regulation reduced the NOx + HC emissions standard by 30 percent to 37 percent ( based on the power class) from the previous 6.9 g/ hp hr NOx and 1.0 g/ hp hr HC standard beginning in 1999. As a follow up to that 1998 rulemaking, the Agency is now undertaking a technology review, pursuant to the Clean Air Act, to assess whether more stringent standards are now feasible, and to promulgate such standards if the findings are positive. The technology review will reassess the NOx + HC standards and will set the next phase of particulate matter standards for over 37 kW and up to 560 kW. The emission limits will also be reexamined for the under 37 kW scheduled for implementation in 2004. The issue of the sulfur content of nonroad diesel fuel will be raised and consideration given to lowering the fuel sulfur level with an ultimate 15 ppm cap. The certification duty cycle for this class of engines will also be revisited to implement a transient duty cycle that gives some assurance of better in use control of particulate matter.

Timetable:

Action Date NPRM 05/ 00/ 03 Regulatory Flexibility Analysis Required: Yes Small Entities Affected: Businesses Government Levels Affected: Federal, State, Local Additional Information: SAN No. 4675 Agency Contact: Cleophas Jackson, Environmental Protection Agency, Air and Radiation, ASD, Washington, DC 20460 Phone: 734 214 4824 Fax: 734 214 4816 Email: jackson. cleophas@ epa. gov William Charmley, Environmental Protection Agency, Air and Radiation, ASD Phone: 734 214 4466 Fax: 734 214 4050 Email: charmley. william@ epamail. epa. gov RIN: 2060   AK27 3061.   EMISSIONS DURABILITY PROCEDURES FOR NEW LIGHT DUTY VEHICLES AND LIGHT DUTY TRUCKS Priority: Other Significant Legal Authority: 42 USC 7521 CFR Citation: 40 CFR 86 Legal Deadline: None Abstract: On October 22, 2002, the United States Court of Appeals for the District of Columbia Circuit vacated durability provisions that automotive manufacturers used to demonstrate that the emissions of their vehicles would comply with emission standards for the useful lives of those vehicles. The Court also required EPA to issue new regulations. This action fulfills the mandate. The new durability regulations will include options that a manufacturer may choose from to age preproduction vehicles to determine the rate of emission deterioration over the vehicle's useful life. The options will include a prescribed fixed driving cycle and a prescribed bench aging cycle that are used to age prototype vehicles or emission control components to the equivalent of the useful life period of the vehicle in a manner that replicates the aging that the vehicle or components would see in actual use. This rule does not change the Federal emission standards or the test procedures used to quantify emissions.

Timetable:

Action Date NPRM 05/ 00/ 03 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 4757 VerDate May< 05> 2003 14: 34 May 16, 2003 Jkt 200001 PO 00000 Frm 00042 Fmt 1254 Sfmt 1254 D:\ UNIFIED\ PRESSD~ 1\ UA030424. TXT apps41 PsN: UA030424 30983 Federal Register / Vol. 68, No. 101 / Tuesday, May 27, 2003 / Unified Agenda EPA   Clean Air Act ( CAA) Proposed Rule Stage Sectors Affected: 3361 Motor Vehicle Manufacturing Agency Contact: Eldert Bontekoe, Environmental Protection Agency, Air and Radiation, Washington, DC 20460 Phone: 734 214 4442 Fax: 734 214 4053 Email: bontekoe. eldert@ epamail. epa. gov Linda Hormes, Environmental Protection Agency, Air and Radiation, NFEVL, Ann Arbor, MI 48105 Phone: 734 214 4502 Fax: 734 214 4053 Email: hormes. linda@ epamail. epa. gov RIN: 2060   AK76 3062. CONTROL OF METHYL TERTIARY BUTYL ETHER ( MTBE)

Priority: Substantive, Nonsignificant Legal Authority: Not Yet Determined CFR Citation: Not Yet Determined Legal Deadline: None Abstract: EPA is considering taking action to control the use of Methyl Tertiary Butyl Ether ( MTBE), which is an organic compound that is primarily used as a fuel additive in gasoline. MTBE has been used to meet the oxygen requirement established by the Federal Reformulated Gasoline Program ( RFG) established by the 1990 amendments to the Clean Air Act ( CAA). Over 85 percent of reformulated gasoline contains MTBE. EPA is concerned that the widespread use of MTBE may have resulted in the contamination of groundwater and drinking water supplies, threatening their future use. While current detections levels are generally believed to be below levels that may cause public health concerns, low level MTBE contamination may render water unpotable due to offensive taste and odor. In November of 1998, EPA established a Blue Ribbon Panel to investigate air quality benefits and water quality concerns associated with oxygenates, including MTBE, in gasoline, and to provide independent advice and recommendations on ways to maintain air quality while protecting water quality. In September 1999, the panel recommended that the use of MTBE be substantially reduced. EPA is now evaluating the Blue Ribbon Panel's recommendations, and has conducted a preliminary review of authorities available to address risks associated with MTBE. EPA issued an ANPRM to inform the public of this preliminary inquiry, and to solicit public comment on possible regulatory action.

Timetable:

Action Date ANPRM 03/ 24/ 00 65 FR 16094 NPRM 12/ 00/ 03 Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses, Governmental Jurisdictions, Organizations Government Levels Affected: State Additional Information: SAN No. 4393 Agency Contact: Joseph Bachman, Environmental Protection Agency, Air and Radiation, 5402, Washington, DC 20460 Phone: 202 564 3968 Fax: 202 565 2084 Email: bachman. joseph@ epa. gov Bob Perlis, Environmental Protection Agency, Air and Radiation, 2333A Phone: 202 564 5636 Email: perlis. robert@ epa. gov RIN: 2060   AJ00 3063. OPERATING PERMITS: REVISIONS TO PART 70 Priority: Other Significant Legal Authority: 42 USC 7661 et seq CFR Citation: 40 CFR 51; 40 CFR 52; 40 CFR 70 Legal Deadline: None Abstract: In response to litigation on the operating permits rule regulations, 40 CFR part 70, to provide more effective implementation of part 70, and to address comments provided in response to notices of proposed rulemaking, parts 70, 51, and 52 are being revised. The changes will streamline the procedures for revising stationary source operating permits issued by State and local permitting authorities under title V of the Clean Air Act.

Timetable:

Action Date NPRM 08/ 29/ 94 59 FR 44460 Supplemental NPRMPart 71 04/ 27/ 95 60 FR 20804 Supplemental NPRMPart 70 08/ 31/ 95 60 FR 45530 NPRM 12/ 00/ 03 Final Action 12/ 00/ 04 Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses, Governmental Jurisdictions Government Levels Affected: State, Local Additional Information: SAN No. 3412 Agency Contact: Ray Vogel, Environmental Protection Agency, Air and Radiation, C304 04, Research Triangle Park, NC 27711 Phone: 919 541 3153 Fax: 919 541 5509 Email: vogel. ray@ epa. gov Steve Hitte, Environmental Protection Agency, Air and Radiation, C304 04, Research Triangle Park, NC 27711 Phone: 919 541 0886 Fax: 919 541 5509 Email: hitte. steve@ epa. gov RIN: 2060   AF70 3064. SELECTION OF SEQUENCE OF MANDATORY SANCTIONS TO BE APPLIED PURSUANT TO SECTION 502 OF THE CLEAN AIR ACT Priority: Substantive, Nonsignificant Legal Authority: 42 USC 7661a( d); 42 USC 7661a( g); 42 USC 7661a( i)

CFR Citation: 40 CFR 70 Legal Deadline: None Abstract: This rule would establish the order of sanctions for operating permits program deficiencies under the mandatory sanctions provisions of title V of the Clean Air Act. This rule would stipulate that an emission offset sanction applies first and a highway funding sanction six months later. Sanction application under section 502 of the Clean Air Act is automatic under the timeframes prescribed once EPA selects the sanction order; EPA's only discretion concerns the ordering of sanctions as discussed above. Thus, the only relevant potential impact is the effect of applying, as a general matter, the emission offset sanction six months before the highway sanction. The EPA does not believe this will have a significant impact given the short period of time the offset sanction will apply before the highway sanction would apply when States fail to correct title V deficiencies. Moreover, EPA also believes that, in the event applying the highway sanction is not necessary six months following the offset sanction, because the State has corrected the VerDate May< 05> 2003 14: 34 May 16, 2003 Jkt 200001 PO 00000 Frm 00043 Fmt 1254 Sfmt 1254 D:\ UNIFIED\ PRESSD~ 1\ UA030424. TXT apps41 PsN: UA030424 30984 Federal Register / Vol. 68, No. 101 / Tuesday, May 27, 2003 / Unified Agenda EPA   Clean Air Act ( CAA) Proposed Rule Stage deficiency prompting the finding, applying the offset sanction first eliminates the need for EPA and other agencies to bear the greater administrative and implementation burden of having to effectuate the highway sanction. Timetable:

Action Date NPRM 05/ 00/ 03 Final Action 09/ 00/ 03 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 4700 Agency Contact: Scott Voorhees, Environmental Protection Agency, Air and Radiation, C304 04, Research Triangle Park, NC 27711 Phone: 919 541 5348 Fax: 919 541 5509 Email: voorhees. scott@ epa. gov Steve Hitte, Environmental Protection Agency, Air and Radiation, C304 04, Research Triangle Park, NC 27711 Phone: 919 541 0886 Fax: 919 541 5509 Email: hitte. steve@ epa. gov RIN: 2060   AK46 3065. PROTECTION OF STRATOSPHERIC OZONE: PROCESS FOR EXEMPTING CRITICAL AND EMERGENCY USES OF METHYL BROMIDE Priority: Substantive, Nonsignificant Legal Authority: 42 USC 7671c CFR Citation: 40 CFR Part 82 Legal Deadline: None Abstract: With this action, EPA will revise the accelerated phaseout regulations that govern the production, import, export, transformation and destruction of substances that deplete the ozone layer. The amendments will incorporate exemptions permitted under the Montreal Protocol on Substances that Deplete the Ozone Layer and recent changes to the Clean Air Act. Specifically, the amendments will create a process to exempt production and consumption of quantities of methyl bromide for critical and emergency uses from the 2005 phaseout of methyl bromide. Because this is an exemption, the rule will confer a benefit on affected entities. Timetable:

Action Date NPRM 01/ 00/ 04 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Undetermined Additional Information: SAN No. 4535 Agency Contact: Hodayah Finman, Environmental Protection Agency, Air and Radiation, 6205J, Washington, DC 20460 Phone: 202 564 2651 Fax: 202 565 2079 Email: finman. hodayah@ epa. gov Tom Land, Environmental Protection Agency, Air and Radiation, 6205J, Washington, DC 20460 Phone: 202 564 9185 Fax: 202 565 2155 Email: land. tom@ epamail. epa. gov RIN: 2060   AJ63 3066. PROTECTION OF STRATOSPHERIC OZONE: LISTING OF SUBSTITUTES FOR OZONEDEPLETING SUBSTANCES: NPROPYLBROMIDE Priority: Substantive, Nonsignificant Legal Authority: 42 USC 7414; 42 USC 7601; 42 USC 7671 to 7671q CFR Citation: 40 CFR 82 Legal Deadline: None Abstract: This rule proposes to add npropylbromide ( nPB) to the list of acceptable substitutes for class I and class II ozone depleting substances used as solvents for general metals, precision, and electronics cleaning, as well as in aerosol solvent applications. This would provide another alternative to solvents with higher ozone depletion potential that industry is interested in using. The rule would propose finding nPB not acceptable as a substitute for use in adhesives due to its toxicity and the greater emissions from that application. The rule also would propose specific conditions on the use of nPB as a solvent. These might include limiting the specific applications in which it may be used to those with low emissions and requiring exposure limits consistent with industry practices. This will ensure that nPB is used in a manner that is safe and environmentally protective. OSHA does not currently regulate nPB. EPA would revise our ruling to adopt whatever OSHA requires if OSHA later regulates the use of nPB. If finalized as proposed, this rule would be consistent with most existing industry practices and would impose little or no burden on industry.

Timetable:

Action Date NPRM 05/ 00/ 03 Final Action 06/ 00/ 04 Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses Government Levels Affected: None Additional Information: SAN No. 4599 Sectors Affected: 331 Primary Metal Manufacturing; 332 Fabricated Metal Product Manufacturing; 333 Machinery Manufacturing; 334 Computer and Electronic Product Manufacturing; 336 Transportation Equipment Manufacturing; 337 Furniture and Related Product Manufacturing; 32615 Urethane and Other Foam Product ( except Polystyrene) Manufacturing Agency Contact: Margaret Sheppard, Environmental Protection Agency, Air and Radiation, 6205J, Washington, DC 20460 Phone: 202 564 9163 Fax: 202 565 2155 Email: sheppard. margaret@ epa. gov Erin Birgfeld, Environmental Protection Agency, Air and Radiation, 6205J, Washington, DC 20460 Phone: 202 564 9079 Fax: 202 565 2155 Email: birgfeld. erin@ epa. gov RIN: 2060   AK26 3067. PROTECTION OF STRATOSPHERIC OZONE: ADJUSTING ALLOWANCES FOR CLASS I SUBSTANCES FOR EXPORT TO ARTICLE 5 COUNTRIES Priority: Substantive, Nonsignificant Legal Authority: 42 USC 7414; 42 USC 7601; 42 USC 7671 to 7671q CFR Citation: 40 CFR 82 Legal Deadline: None Abstract: This action reinforces the economic incentives related to the transition of Article 5 countries to ozone depleting substance alternatives. Currently, Article 5 allowances are VerDate May< 05> 2003 14: 34 May 16, 2003 Jkt 200001 PO 00000 Frm 00044 Fmt 1254 Sfmt 1254 D:\ UNIFIED\ PRESSD~ 1\ UA030424. TXT apps41 PsN: UA030424 30985 Federal Register / Vol. 68, No. 101 / Tuesday, May 27, 2003 / Unified Agenda EPA   Clean Air Act ( CAA) Proposed Rule Stage determined as a percentage of total production allowances assigned to U. S. companies for class I ozone depleting substances. In accordance with the Beijing Amendments of the Montreal Protocol, this action establishes Article 5 allowances independent of total production allowances. Timetable:

Action Date NPRM 06/ 00/ 03 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 4697 Agency Contact: Suzanne Kocchi, Environmental Protection Agency, Air and Radiation, 6205J, Washington, DC 20460 Phone: 202 564 5289 Fax: 202 565 2155 Email: kocchi. suzanne@ epa. gov Tom Land, Environmental Protection Agency, Air and Radiation, 6205J, Washington, DC 20460 Phone: 202 564 9185 Fax: 202 565 2155 Email: land. tom@ epamail. epa. gov RIN: 2060   AK45 3068. PROTECTION OF STRATOSPHERIC OZONE: RECONSIDERATION OF SECTION 608 SALES RESTRICTION Priority: Substantive, Nonsignificant Legal Authority: 42 USC 7671( g) CAA 608 CFR Citation: 40 CFR 82( F) Legal Deadline: None Abstract: The rule will include the reconsideration of the sales restriction as it relates to split systems. The Agency was petitioned to reconsider the part of the sales restriction that included the sale of pre charged split systems. It restricted such sales to certified technicians. Since then, EPA stayed that portion of the sales restriction in response to the petition. This rule will include the determination of the Agency related to the reconsideration. It addresses environmental problems of ozone depletion resulting from emissions of chlorofluorocarbons, hydrochlorofluorocarbons, and other ozone depleting substances. Through restricting sales of certain pre charged items to persons certified as technicians, emissions to the atmosphere are decreased. The impact on small businesses and governments would be negligible, since persons can become certified if the EPA determination is a full restriction. Most businesses and governments will have at least one certified technician on board. This action has no impact on small business and State, local, and tribal governments. Timetable:

Action Date NPRM 05/ 00/ 03 Final Action 12/ 00/ 03 Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses Government Levels Affected: None Additional Information: SAN No. 3673 Agency Contact: Julius Banks, Environmental Protection Agency, Air and Radiation, 6205J, Washington, DC 20460 Phone: 202 564 9870 Fax: 202 565 2155 Email: banks. julius@ epa. gov Tom Land, Environmental Protection Agency, Air and Radiation, 6205J, Washington, DC 20460 Phone: 202 564 9185 Fax: 202 565 2155 Email: land. tom@ epamail. epa. gov RIN: 2060   AG20 3069. FEDERAL IMPLEMENTATION PLAN ( FIP) FOR THE BILLINGS/ LAUREL, MONTANA SULFUR DIOXIDE ( SO2) AREA Priority: Other Significant Legal Authority: 12 USC 1701 et seq CFR Citation: 40 CFR 52 Legal Deadline: None Abstract: The State of Montana submitted a sulfur dioxide ( SO2) State Implementation Plan ( SIP) for the Billings/ Laurel, Montana area. On 7/ 28/ 99 we proposed to partially approve, conditionally approve and partially disapprove Montana's SO2 SIP for Billings/ Laurel. EPA intends to propose a Federal Implementation Plan ( FIP) to cover those parts of the State's plan we disapprove. EPA's FIP will assure that the Billings/ Laurel area will attain and maintain the SO2 NAAQS. Timetable:

Action Date NPRM 06/ 00/ 03 Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses Government Levels Affected: Undetermined Federalism: Undetermined Additional Information: SAN No. 4542 Sectors Affected: 32411 Petroleum Refineries Agency Contact: Laurie Ostrand, Environmental Protection Agency, Regional Office Denver, 8P AR, Washington, DC 20460 Phone: 303 312 6437 Fax: 303 312 6064 Email: ostrand. laurie@ epa. gov Larry Svoboda, Environmental Protection Agency, Regional Office Denver, 8P AR Phone: 303 312 6004 Fax: 303 312 6064 Email: svoboda. larry@ epa. gov RIN: 2008   AA00 3070. PERFORMANCE WARRANTY AND INSPECTION/ MAINTENANCE TEST PROCEDURES Priority: Substantive, Nonsignificant Legal Authority: 42 USC 7541; 42 USC 7601 CFR Citation: 40 CFR 51; 40 CFR 85 Legal Deadline: None Abstract: This action establishes a new short test procedure for use in I/ M programs required by the Clean Air Act Amendments of 1990. Vehicles that are tested and failed using this procedure and that meet eligibility requirements established by the act would be eligible for free warranty repair from the manufacturers.

Timetable: