CFR Citation: 40 CFR 761 Legal Deadline: None Abstract: Section 6( e)( 3)( B) of the Toxic Substances Control Act ( TSCA) provides that the Administrator may grant, by rule, exemptions from the prohibitions against manufacturing, processing and distribution in commerce of PCBs upon finding that ( 1) no unreasonable risk to health or the environment will occur, and ( 2) good faith efforts have been made by the petitioner to develop a substitute for PCB which does not pose an unreasonable risk of injury to health or the environment. In addition, the Interim Procedural Rules were amended to require certain petitioners to reapply for EPA approval to continue PCB activities previously approved by EPA.

Timetable:

Action Date NPRM 12/ 06/ 94 59 FR 62875 NPRM ( 2) 09/ 17/ 02 67 FR 58567 Final ( 2) 01/ 31/ 03 68 FR 4934 Final ( 1) 11/ 00/ 04 Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses Government Levels Affected: None Additional Information: SAN No. 2150 Sectors Affected: 2211 Electric Power Generation, Transmission and Distribution; 31 33 Manufacturing; 5133 Telecommunications Agency Contact: Peter Gimlin, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7404T, Washington, DC 20460 Phone: 202 566 0515 Fax: 202 566 0473 Email: gimlin. peter@ epa. gov RIN: 2070   AB20 VerDate May< 05> 2003 14: 34 May 16, 2003 Jkt 200001 PO 00000 Frm 00118 Fmt 1254 Sfmt 1254 D:\ UNIFIED\ PRESSD~ 1\ UA030424. TXT apps41 PsN: UA030424 31059 Federal Register / Vol. 68, No. 101 / Tuesday, May 27, 2003 / Unified Agenda EPA   Toxic Substances Control Act ( TSCA) Long Term Actions 3291. DISPOSAL OF POLYCHLORINATED BIPHENYLS: IMPLEMENTATION ISSUES Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined.

Legal Authority: 15 USC 2607; TSCA 6 CFR Citation: 40 CFR 761 ( Revision)

Legal Deadline: None Abstract: This proposed regulation will clarify and expand on implementation issues that have arisen as a result of the publication of the 1998 PCB Disposal Amendments ( 63 FR 35384). Topics will include but not be limited to: Use authorizations, public participation process, appeals process, natural gas pipelines, testing and analysis, manifesting of PCB waste, publication process for validated alternate decontamination solvents and PCB analytical methods and storage of dedicated PCB equipment. The action to authorize certain non liquid PCB applications is also included in this action.

Timetable:

Action Date NPRM 06/ 00/ 04 Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses, Governmental Jurisdictions, Organizations Government Levels Affected: Federal, State, Local, Tribal Federalism: Undetermined Additional Information: SAN No. 4597 Sectors Affected: 92 Public Administration; 22 Utilities; 562 Waste Management and Remediation Services; 81 Other Services ( except Public Administration); 54 Professional, Scientific and Technical Services; 48 49 Transportation; 53 Real Estate and Rental and Leasing; 31 33 Manufacturing Agency Contact: Sara McGurk, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7404T, Washington, DC 20460 Phone: 202 566 0480 Fax: 202 566 0473 Email: mcgurk. sara@ epa. gov Laura Casey, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7404T Phone: 202 566 1982 Fax: 202 566 0473 Email: casey. laura@ epa. gov RIN: 2070   AD52 3292. VOLUNTARY CHILDREN'S CHEMICAL EVALUATION PROGRAM ( VCCEP)

Priority: Substantive, Nonsignificant Legal Authority: 15 USC 2603; TSCA 4; 15 USC 2611; TSCA 12; 15 USC 2625; TSCA 26 CFR Citation: 40 CFR 790 to 799 Legal Deadline: None Abstract: This is a voluntary program to evaluate commercial chemicals to which children may have a high likelihood of exposure. Designed with extensive stakeholder participation, the purpose of this voluntary program is to obtain toxicity and exposure data needed to assess the risk of childhood exposure to commercial chemicals. EPA launched a pilot of this program on December 26, 2000. Manufacturers of 20 of the 23 pilot chemicals have volunteered to sponsor their chemicals in tier 1 in the pilot. A workshop was held in December 2001 to provide sponsors with additional guidance on the scope and content of the exposure assessments they will prepare. A peer consultation process will be used to evaluate the scientific merits of the hazard, exposure, and risk assessments submitted by sponsors. The first assessments developed for VCCEP were received in December of 2002. Although not currently involving a rulemaking, EPA has included this pilot program in the Regulatory Agenda to inform the public about activities like this related to its chemical testing program.

Timetable:

Action Date Notice Cancelation of Public Meeting 01/ 13/ 00 65 FR 2163 Notice Stakeholder Involvement Process Notice of Public Meeting 03/ 29/ 00 65 FR 16590 Notice Voluntary Children's Chemical Evaluation Program Pilot 12/ 26/ 00 65 FR 81700 Action Date Notice Providing an Update on the Pilot Program 01/ 00/ 05 Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses Government Levels Affected: Federal, State, Local, Tribal Additional Information: SAN No. 2865 Sectors Affected: 32411 Petroleum Refineries; 325 Chemical Manufacturing Agency Contact: Ward Penberthy, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7405M, 7405M, Washington, DC 20460 Phone: 202 564 8171 Fax: 202 564 4745 Email: penberthy. ward@ epa. gov Catherine Roman, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7405M, Washington, DC 20460 Phone: 202 564 8172 Fax: 202 564 4765 Email: roman. catherine@ epa. gov RIN: 2070   AC27 3293. TEST RULE; HAZARDOUS AIR POLLUTANTS ( HAPS) Priority: Other Significant Legal Authority: 15 USC 2603 TSCA 4; 42 USC 7412 CAA 112; 42 USC 7403 CAA 103; 15 USC 2611 TSCA 12 CFR Citation: 40 CFR 790 to 799 Legal Deadline: None Abstract: EPA is proposing health effects testing under TSCA section 4 in support of programs and activities required under section 112 of the Clean Air Act ( CAA), governing Hazardous Air Pollutants ( HAPs). Section 112 of the CAA directs EPA to determine the risk to health and the environment remaining after application of technology based emissions standards to major and area sources. Section 112 also sets forth a mechanism for revising and modifying the statutory list of 189 HAPs under section 112( b), and requirements for an accidental release control program. These data will also be important for the right to know program given the large release of these chemicals to the atmosphere. In order to implement these and other programs and requirements under section 112,

VerDate May< 05> 2003 14: 34 May 16, 2003 Jkt 200001 PO 00000 Frm 00119 Fmt 1254 Sfmt 1254 D:\ UNIFIED\ PRESSD~ 1\ UA030424. TXT apps41 PsN: UA030424 31060 Federal Register / Vol. 68, No. 101 / Tuesday, May 27, 2003 / Unified Agenda EPA   Toxic Substances Control Act ( TSCA) Long Term Actions EPA must identify the health and environment effects of potential concern from exposure to HAPs, ascertain the minimum data needed to adequately characterize those health and environmental effects, and assess the risks posed by HAPs. In addition, under section 103( d), EPA is required to conduct a research program on the short and long term effects of air pollutants on human health, ascertain the minimum data needed to adequately characterize those health and environmental effects, and assess the risks posed by HAPs.

Timetable:

Action Date NPRM 06/ 26/ 96 61 FR 33178 Supplemental NPRM 12/ 24/ 97 62 FR 67466 Supplemental NPRM 04/ 21/ 98 63 FR 19694 Final Action 07/ 00/ 04 Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses Government Levels Affected: Federal Additional Information: SAN No. 3487 Sectors Affected: 32411 Petroleum Refineries; 325 Chemical Manufacturing Agency Contact: Richard Leukroth, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7405M, Washington, DC 20460 Phone: 202 564 8167 Fax: 202 564 4765 Email: leukroth. rich@ epa. gov David R. Williams, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7405M, Washington, DC 20460 Phone: 202 564 8179 Fax: 202 564 4765 Email: williams. daver@ epa. gov RIN: 2070   AC76 3294. TEST RULE; CERTAIN METALS Priority: Substantive, Nonsignificant Legal Authority: 15 USC 2603; TSCA 4; 15 USC 2611; TSCA 12; 15 USC 2625; TSCA 26; 42 USC 9604( i); CERCLA 104( i)

CFR Citation: 40 CFR 790 Legal Deadline: None Abstract: EPA is coordinating an evaluation of the data needs for assessing potential adverse affects that exposures to metals pose for health and the environment with the Agency's efforts to develop a framework for assessing potential risks from exposures to metals. This activity is intended to lead to EPA's proposing a test rule under section 4( a) of the Toxic Substances Control Act ( TSCA). A test rule would require manufacturers and processors of certain metals ( beryllium, chromium, manganese, mercury, nickel, and selenium) to fulfill data needs identified by the Agency for Toxic Substances and Disease Registry ( ATSDR), the National Toxicology Program ( NTP) and EPA pursuant to the Comprehensive Environmental Response, Compensation and Liability Act ( CERCLA) section 104( I), the clean air act ( CAA) section 112 and other statutes requiring risk assessments, health assessments, permits, standards, guidelines, listing/ delisting, and other decisions affecting public health and the environment. Under CERCLA the Agency for Toxic Substances and Disease Registry ( ATSDR) is to establish a list of priority hazardous substances found at Superfund sites, develop toxicological profiles for the hazardous substances, identify priority data needs, and establish a research program obtaining the necessary data. This action is a component of ATSDR's research program. Data from this action would provide specific information about the substances for the public and scientific communities. Data from this action would also be used to implement several provisions of section 112 of the CAA, including determining risks remaining after the application of technology based on standards under section 112( d) of the CAA, estimating the risks associated with accidental releases, and determining whether or not substances should be removed from the CAA section ( b)( 1) list of HAPs ( delisting). Timetable:

Action Date NPRM To Be Determined Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses Government Levels Affected: Federal Additional Information: SAN No. 3882 Sectors Affected: 32411 Petroleum Refineries; 325 Chemical Manufacturing Agency Contact: Robert Jones, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7405M, Washington, DC 20460 Phone: 202 564 8161 Fax: 202 564 4765 Email: jones. robert@ epa. gov Paul Campanella, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7405M, Washington, DC 20460 Phone: 202 564 8091 Fax: 202 564 4765 Email: campanella. paul@ epa. gov RIN: 2070   AD10 3295. TESTING AGREEMENT FOR CERTAIN OXYGENATED FUEL ADDITIVES Priority: Substantive, Nonsignificant Legal Authority: 15 USC 2603; 15 USC 2611; 15 USC 2625 CFR Citation: 40 CFR 790 to 799 Legal Deadline: None Abstract: EPA's Office of Air and Radiation ( OAR), in the administration of section 211 of the Clean Air Act ( CAA), has requested that OPPT use its TSCA section 4 testing authority to obtain health effects data on a number of Oxygenated Fuel Additives ( OFAs). These data are needed by EPA and others to increase understanding of the toxicity of these substances individually and in comparison to each other as well as to other OFAs such as methyl t butyl ether ( MTBE). EPA will be soliciting interested parties to work on an Enforceable Consent Agreement ( ECA) under TSCA section 4, through which responsible parties can agree to provide data to EPA. Although not currently a rulemaking, EPA is including this in the Regulatory Agenda to inform the public of this activity which will have a regulatory impact once an ECA is finalized.

Timetable:

Action Date Notice Soliciting Interested Parties 06/ 00/ 05 Notice ECA 12/ 00/ 06 Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses Government Levels Affected: None Additional Information: SAN No. 4174 VerDate May< 05> 2003 14: 34 May 16, 2003 Jkt 200001 PO 00000 Frm 00120 Fmt 1254 Sfmt 1254 D:\ UNIFIED\ PRESSD~ 1\ UA030424. TXT apps41 PsN: UA030424 31061 Federal Register / Vol. 68, No. 101 / Tuesday, May 27, 2003 / Unified Agenda EPA   Toxic Substances Control Act ( TSCA) Long Term Actions Sectors Affected: 32411 Petroleum Refineries; 325 Chemical Manufacturing Agency Contact: Ward Penberthy, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7405M, 7405M, Washington, DC 20460 Phone: 202 564 8171 Fax: 202 564 4745 Email: penberthy. ward@ epa. gov George Semeniuk, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7405M, Washington, DC 20460 Phone: 202 564 8174 Fax: 202 260 8168 Email: semeniuk. george@ epa. gov RIN: 2070   AD28 3296. SIGNIFICANT NEW USE RULE; REFRACTORY CERAMIC FIBERS ( RCFS)

Priority: Substantive, Nonsignificant Legal Authority: 15 USC 2604; TSCA 5; 15 USC 2605; TSCA 6 CFR Citation: 40 CFR 704; 40 CFR 721 Legal Deadline: None Abstract: EPA has instituted a program to monitor the commercial development of existing chemicals of concern and/ or to gather information to support risk assessments on such chemicals. As these chemicals are identified, EPA will initiate rulemakings under the Toxic Substances Control Act ( TSCA) sections 5 and/ or 6 to require reporting by the manufacturers, importers and/ or processors of these chemicals.

Timetable:

Action Date NPRM 03/ 21/ 94 59 FR 13294 Final Action 09/ 00/ 06 Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses Government Levels Affected: None Additional Information: SAN No. 3528 Sectors Affected: 327999 All Other Miscellaneous Nonmetallic Mineral Product Manufacturing Agency Contact: Robert Courtnage, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7404T, Washington, DC 20460 Phone: 202 566 1081 Fax: 202 566 0473 Email: courtnage. robert@ epa. gov Peter Gimlin, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7404T, Washington, DC 20460 Phone: 202 566 0515 Fax: 202 566 0473 Email: gimlin. peter@ epa. gov RIN: 2070   AC37 3297. CHEMICAL RIGHT TO KNOW INITIATIVE; HIGH PRODUCTION VOLUME ( HPV) CHEMICALS Priority: Other Significant Legal Authority: 15 USC 4 TSCA; 15 USC 8 TSCA; 42 USC 313 TRI; 7 USC 136 FIFRA CFR Citation: 40 CFR 700 et seq Legal Deadline: None Abstract: The Chemical RTK Initiative was established in 1998 in response to the finding that most commercial chemicals have very little, if any, publicly available toxicity information on which to make sound judgments about potential risks. There are three key components to this initiative, each of which is being implemented by EPA. These are: collecting and making public screening level toxicity data for 2,800 widely used commercial chemicals; additional health effects assessment for chemicals to which children are substantially exposed; and the listing and lowering of thresholds for persistent, bioaccumulative, toxic chemicals reported to the Toxic Release Inventory ( TRI). Although this Initiative is not a rulemaking, EPA has included it in the Regulatory Agenda to inform the public. The Initiative will involve several separate activities, with any regulatory related actions included as separate entries in the Regulatory Agenda. Timetable:

Action Date Notice Data Collection and Development on HPV Chemicals 12/ 26/ 00 65 FR 81686 Initiative Completed HPV Data To Be Received by 06/ 2005 06/ 00/ 05 Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses, Governmental Jurisdictions Government Levels Affected: Federal Additional Information: SAN No. 4176 Sectors Affected: 32411 Petroleum Refineries; 325 Chemical Manufacturing Agency Contact: Barbara Leczynski, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7405M, Washington, DC 20460 Phone: 202 564 8164 Fax: 202 564 4775 Email: leczynski. barbara@ epa. gov Diane Sheridan, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7405M, Washington, DC 20460 Phone: 202 564 8176 Fax: 202 564 4775 Email: sheridan. diane@ epamail. epa. gov RIN: 2070   AD25 3298. TSCA POLICY STATEMENT ON OVERSIGHT OF TRANSGENIC ORGANISMS ( INCLUDING PLANTS) Priority: Other Significant Legal Authority: 15 USC 2604 CFR Citation: 40 CFR 720 Legal Deadline: None Abstract: As a follow up to the final Biotechnology Rule under the Toxic Substances Control Act ( TSCA) EPA intends to address TSCA oversight of transgenic plants and other organisms. Recent information indicates that transgenic plants and other organisms are being developed for uses which appear to be subject to TSCA jurisdiction. For example, plants are being genetically modified to produce industrial grade, rather than food grade, oils. Many of these plants are subject to oversight by the Animal and Plant Health Inspection Service ( APHIS) of the U. S. Department of Agriculture while being tested in the environment. Following APHIS approval of a petition for non regulated status filed pursuant to APHIS' regulations implementing the Federal Plant Pest Act at 7 CFR part 340, however, these plants cease to be subject to regulation by USDA. Additionally, transgenic animals that are not under the jurisdiction of FDA appear to be subject to TSCA. Such animals may be genetically improved livestock for commercial purposes. The policy statement would address whether EPA should exercise jurisdiction under TSCA over such VerDate May< 05> 2003 14: 34 May 16, 2003 Jkt 200001 PO 00000 Frm 00121 Fmt 1254 Sfmt 1254 D:\ UNIFIED\ PRESSD~ 1\ UA030424. TXT apps41 PsN: UA030424 31062 Federal Register / Vol. 68, No. 101 / Tuesday, May 27, 2003 / Unified Agenda EPA   Toxic Substances Control Act ( TSCA) Long Term Actions transgenic organisms prior to their commercial use.

Timetable:

Action Date NPRM To Be Determined Regulatory Flexibility Analysis Required: Undetermined Small Entities Affected: Businesses, Organizations Government Levels Affected: Federal Additional Information: SAN No. 4598 Agency Contact: Flora Chow, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7405M, Washington, DC 20460 Phone: 202 564 8983 Fax: 202 564 9062 Email: chow. flora@ epa. gov Jamesine Rogers, Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, 7405M Phone: 202 564 3453 Fax: 202 564 9062 Email: rogers. jamesine@ epa. gov RIN: 2070   AD53 Environmental Protection Agency ( EPA) Completed Actions Toxic Substances Control Act ( TSCA)

3299. NOTICE OF TSCA SECTION 4 REIMBURSEMENT PERIOD AND TSCA SECTION 12( B) EXPORT NOTIFICATION PERIOD SUNSET DATES FOR TSCA SECTION 4 SUBSTANCES Priority: Info./ Admin./ Other CFR Citation: 40 CFR 707; 40 CFR 790; 40 CFR 791; 40 CFR 799 Completed:

Reason Date Final Action 06/ 18/ 01 66 FR 32809 Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal Agency Contact: Paul Campanella Phone: 202 564 8091 Fax: 202 564 4765 Email: campanella. paul@ epa. gov David R. Williams Phone: 202 564 8179 Fax: 202 564 4765 Email: williams. daver@ epa. gov RIN: 2070   AC84 3300. TSCA INVENTORY UPDATE RULE AMENDMENTS Priority: Other Significant CFR Citation: 40 CFR 710 Completed:

Reason Date Final Action 01/ 07/ 03 68 FR 847 Regulatory Flexibility Analysis Required: No Government Levels Affected: Federal Agency Contact: Susan Sharkey Phone: 202 564 8789 Fax: 202 564 8893 Email: sharkey. susan@ epa. gov Robert Lee Phone: 202 564 8786 Fax: 202 564 8893 Email: lee. robert@ epa. gov RIN: 2070   AC61 3301. SIGNIFICANT NEW USE RULE; PERFLUOROALKYL SULFONATES ( PFOA)

Priority: Substantive, Nonsignificant CFR Citation: 40 CFR 704; 40 CFR 721 Completed:

Reason Date Final Rule for Remaining Uses in Proposal 12/ 09/ 02 67 FR 72854 Regulatory Flexibility Analysis Required: No Government Levels Affected: None Agency Contact: Mary Dominiak Phone: 202 564 8104 Fax: 202 564 4775 Email: dominiak. mary@ epa. gov Barbara Leczynski Phone: 202 564 4770 Fax: 202 564 4775 Email: leczynski. barbara@ epa. gov RIN: 2070   AD43 3302. SUSTAINABLE FUTURES; VOLUNTARY PILOT PROJECT UNDER THE TSCA NEW CHEMICAL PROGRAM Priority: Other Significant CFR Citation: None Completed:

Reason Date Notice Announcing Voluntary Pilot Project 12/ 11/ 02 67 FR 76282 Regulatory Flexibility Analysis Required: No Government Levels Affected: None Agency Contact: Bill Waugh Phone: 202 564 7657 Fax: 202 564 7440 Email: waugh. bill@ epa. gov Kenneth Moss Phone: 202 564 9232 Email: moss. kenneth@ epamail. epa. gov RIN: 2070   AD60 VerDate May< 05> 2003 14: 34 May 16, 2003 Jkt 200001 PO 00000 Frm 00122 Fmt 1254 Sfmt 1254 D:\ UNIFIED\ PRESSD~ 1\ UA030424. TXT apps41 PsN: UA030424 31063 Federal Register / Vol. 68, No. 101 / Tuesday, May 27, 2003 / Unified Agenda Environmental Protection Agency ( EPA) Proposed Rule Stage Emergency Planning and Community Right to Know Act ( EPCRA)

3303.   TRADE SECRECY CLAIMS FOR EMERGENCY PLANNING AND COMMUNITY RIGHT TO KNOW INFORMATION; AND TRADE SECRET DISCLOSURES TO HEALTH PROFESSIONALS; AMENDMENT Priority: Info./ Admin./ Other Legal Authority: 42 USC 11002; 42 USC 11004; 42 USC 11048 CFR Citation: 40 CFR 350.16; 40 CFR 350.17; 40 CFR 350.27 Legal Deadline: None Abstract: On July 29, 1988, EPA published the procedures for claims of trade secrecy made by facilities reporting under sections 303( d)( 2) and ( d)( 3), 311, 312, and 313 of the Emergency Planning and Community Right to Know Act ( EPCRA), codified in 40 CFR part 350, including where to mail these claims. EPA also published the trade secrecy substantiation forms in the final rule. This proposed rule amends the regulations published in 1988 to change the location to submit claims and appeals. This proposed rule also amends the regulations to remove the substantiation forms for trade secrecy claims. The regulations promulgated in July 1988 allows EPA to disclose to authorized representatives including contractors and subcontractors to EPA who perform work for EPA in connection with EPCRA regulations. For handling trade secret claims, EPA has contracted to a private firm, and this contract is recompleted every three years. Section 350.16 lists the address of the contractor location which is now outdated, this action will reflect this change. Another revision will be to change EPA's address in section 350.17 since EPA is at a new location. The last revision is to remove the substantiation form in section 350.27 and make it available on the program office's website. This is needed since the Office of Management and Budget ( OMB) approves the form every three years during the renewal of Information Collection Requirement submitted under the Paperwork Reduction Act. The date that appears on the form for OMB approval is also outdated. Since the address to mail the trade secrecy claims and the OMB approval date may change periodically, the Agency has decided to refer to the program offices website for this information. This action will not raise any regulatory burden on any entities subject to the requirements under 40 CFR part 350; it is only informing the public of the changes. Timetable:

Action Date NPRM 06/ 00/ 03 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 4781 Sectors Affected: 324 Petroleum and Coal Products Manufacturing; 325 Chemical Manufacturing; 32511 Petrochemical Manufacturing; 326 Plastics and Rubber Products Manufacturing Agency Contact: Sicy Jacob, Environmental Protection Agency, Solid Waste and Emergency Response, 5104A, Washington, DC 20460 Phone: 202 564 8019 Fax: 202 564 8233 Email: jacob. sicy@ epa. gov Larry Reisman, Environmental Protection Agency, Solid Waste and Emergency Response, 2844T, Washington, DC 20460 Phone: 202 566 0751 Fax: 202 564 0741 Email: reisman. larry@ epa. gov RIN: 2050   AF10 3304. RESPONSE TO A PETITION REQUESTING DELETION OF PHOSMET FROM THE EXTREMELY HAZARDOUS SUBSTANCES ( EHS) LIST Priority: Substantive, Nonsignificant Legal Authority: 42 USC 11002; 42 USC 11004; 42 USC 11048 CFR Citation: 40 CFR 355 Legal Deadline: None Abstract: EPA has received a petition requesting that phosmet be removed from the list of Extremely Hazardous Substances ( EHS) list under the Emergency Planning and Community Right to Know Act ( EPCRA). The petitioner claims that phosmet does not meet the acute toxicity criteria for listing. This action is a proposed rule to delete the chemical from the EHS list and seeks public comment on the acute toxicity data reviewed and EPA' s proposal. EPA considered conducting additional toxicity testing to solve a dispute involving some questionable toxicity data. However, the petitioner conducted new tests; the results of which EPA considered in its decision to propose a deletion of the chemical.

Since the action involves delisting phosmet ( a pesticide) from a regulated list of chemicals, EPA anticipates no additional costs on regulated entities, which include the petitioner, distributors of pesticides and farm uses of the pesticides. This action, if finalized, would reduce the regulatory burden for facilities that handle phosmet on site, as well as Local Emergency Planning Committees, of complying with the emergency planning and notification requirements for the chemical phosmet under EPCRA sections 302, 303, and 304.

Timetable:

Action Date NPRM 07/ 00/ 03 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 3994 Sectors Affected: 11133 Noncitrus Fruit and Tree Nut Farming; 111421 Nursery and Tree Production; 42291 Farm Supplies Wholesalers Agency Contact: Kathy Franklin, Environmental Protection Agency, Solid Waste and Emergency Response, 5104A, Washington, DC 20460 Phone: 202 564 7987 Fax: 202 564 8444 Email: franklin. kathy@ epa. gov Sicy Jacob, Environmental Protection Agency, Solid Waste and Emergency Response, 5104A, Washington, DC 20460 Phone: 202 564 8019 Fax: 202 564 8233 Email: jacob. sicy@ epa. gov RIN: 2050   AE42 3305.   EMERGENCY PLANNING AND COMMUNITY RIGHT TO KNOW ACT: MODIFICATION TO THE THRESHOLD PLANNING QUANTITY METHODOLOGY FOR THE EXTREMELY HAZARDOUS SUBSTANCES THAT ARE SOLIDS IN SOLUTION Priority: Other Significant Legal Authority: 42 USC 11001 VerDate May< 05> 2003 14: 34 May 16, 2003 Jkt 200001 PO 00000 Frm 00123 Fmt 1254 Sfmt 1254 D:\ UNIFIED\ PRESSD~ 1\ UA030424. TXT apps41 PsN: UA030424 31064 Federal Register / Vol. 68, No. 101 / Tuesday, May 27, 2003 / Unified Agenda EPA   Emergency Planning and Community Right to Know Act ( EPCRA) Proposed Rule Stage CFR Citation: 40 CFR 355 Legal Deadline: None Abstract: EPA is considering an alternative approach for the threshold planning quantity ( TPQ) for chemicals on the Extremely Hazardous Substances ( EHS) List that are handled as solids in solution. The current TPQ for solids in solution is based on a very conservative assumption that the entire quantity of the solid chemical at a facility could potentially be released to air in event of an accident. EPA will propose a rule to revise the TPQ for solids in solution and seek comment on an alternative approach based on industry's request to revisit the TPQ rationale for the chemical paraquat dichloride ( handled as a solid in aqueous solution). Use of this experimental data would likely raise the TPQ for solids in solution and result in relieving some facilities ( number and type unknown at this time) from the regulatory emergency planning and notification requirements under section 302 to 304 of the Emergency Planning and Community Right to Know Act ( EPCRA). EPA will evaluate various experimental data for accidental air releases of solutions containing solid chemicals when developing revised TPQs. EPA would also seek public comment on the appropriateness of considering aerosol size as a factor for potential off site exposure to communities.

Timetable:

Action Date NPRM 11/ 00/ 03 Regulatory Flexibility Analysis Required: No Government Levels Affected: None Additional Information: SAN No. 4753 Agency Contact: Kathy Franklin, Environmental Protection Agency, Solid Waste and Emergency Response, 5104A, Washington, DC 20460 Phone: 202 564 7987 Fax: 202 564 8444 Email: franklin. kathy@ epa. gov Sicy Jacob, Environmental Protection Agency, Solid Waste and Emergency Response, 5104A, Washington, DC 20460 Phone: 202 564 8019 Fax: 202 564 8233 Email: jacob. sicy@ epa. gov RIN: 2050   AF08 3306. TRI; REVISIONS TO THE OTHERWISE USE ACTIVITY EXEMPTIONS AND THE COAL EXTRACTION ACTIVITIES EXEMPTION Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined.

Unfunded Mandates: Undetermined Legal Authority: 42 USC 11001 et seq CFR Citation: 40 CFR 372 Legal Deadline: None Abstract: The Toxics Release Inventory ( TRI) requires reporting from facilities that manufacture or process at least 25,000 pounds of a listed non PBT chemical, or otherwise use 10,000 pounds of a listed non PBT chemical. The activity thresholds are lower for listed PBT chemicals. In determining amounts of listed chemicals that are manufactured, processed or otherwise used, facilities may consider specific exemptions from reporting. EPA is presently reviewing a group of these exemptions. The categories of exemptions presently being reconsidered by EPA are the personal use exemption, and the motor vehicle maintenance exemption. Also known as otherwise use exemptions because they are limited to otherwise use activities, these exemptions are expressly provided for at 40 CFR 372.38( c). EPA is also considering changes to the coal mining extraction activities exemption provided for at 40 CFR 372.38( g).

Timetable:

Action Date NPRM 01/ 00/ 04 Final Action 02/ 00/ 05 Regulatory Flexibility Analysis Required: Undetermined Small Entities Affected: Businesses Government Levels Affected: Federal, State Additional Information: SAN No. 4265 Agency Contact: Lawrence A. Reisman, Environmental Protection Agency, Office of Environmental Information, 2844T, Washington, DC 20460 Phone: 202 566 0751 Fax: 202 566 0741 Email: reisman. larry@ epa. gov John Dombrowski, Environmental Protection Agency, Office of Environmental Information, 2844T, Washington, DC 20460 Phone: 202 566 0742 Fax: 202 566 0741 Email: dombrowski. john@ epamail. epa. gov RIN: 2025   AA06 3307. CLARIFY TRI REPORTING OBLIGATIONS UNDER EPCRA SECTION 313 FOR THE METAL MINING ACTIVITIES OF EXTRACTION AND BENEFICIATION Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined. Legal Authority: 42 USC 11001 et seq CFR Citation: 40 CFR 372 Legal Deadline: None Abstract: The Toxics Release Inventory ( TRI) currently requires reporting from metal mining facilities if they manufacture or process 25,000 pounds or more of a listed chemical or otherwise use 10,000 pounds or more of a listed chemical. These mining facilities engage in the removal of naturally occurring materials from the earth. EPA had considered naturally occurring materials to be manufactured by natural processes. A recent court order set aside EPA's interpretation of manufacture stating that naturally occurring ores can not be manufactured within the meaning of EPCRA section 313. EPA is considering clarifying how the definitions of manufacturing and processing under EPCRA section 313 apply to the mining sector processes of extraction and beneficiation. This action will not affect the coal extraction activities exemption. Timetable:

Action Date NPRM 10/ 00/ 03 Final Action 10/ 00/ 04 Regulatory Flexibility Analysis Required: Undetermined Small Entities Affected: Businesses Government Levels Affected: Undetermined Federalism: Undetermined Additional Information: SAN No. 4616 URL For More Information: www. epa. gov Agency Contact: Marc Edmonds, Environmental Protection Agency, Office of Environmental Information, 2844, Washington, DC 20460 Phone: 202 566 0758 VerDate May< 05> 2003 14: 34 May 16, 2003 Jkt 200001 PO 00000 Frm 00124 Fmt 1254 Sfmt 1254 D:\ UNIFIED\ PRESSD~ 1\ UA030424. TXT apps41 PsN: UA030424 31065 Federal Register / Vol. 68, No. 101 / Tuesday, May 27, 2003 / Unified Agenda EPA   Emergency Planning and Community Right to Know Act ( EPCRA) Proposed Rule Stage Fax: 202 566 0741 Email: edmonds. marc@ epa. gov John Dombrowski, Environmental Protection Agency, Office of Environmental Information, 2844T, Washington, DC 20460 Phone: 202 566 0742 Fax: 202 566 0741 Email: dombrowski. john@ epamail. epa. gov RIN: 2025   AA11 3308. ADDITION OF TOXICITY EQUIVALENCY ( TEQ) REPORTING AND QUANTITY DATA FOR INDIVIDUAL MEMBERS OF THE DIOXIN AND DIOXIN LIKE COMPOUNDS CATEGORY UNDER EPCRA, SECTION 313 Priority: Substantive, Nonsignificant Legal Authority: 42 USC 11001 et seq CFR Citation: 40 CFR 372 Legal Deadline: None Abstract: Under section 313 of the Emergency Planning and Community Right to Know Act ( EPCRA) ( i. e., the Toxics Release Inventory ( TRI)), dioxin and dioxin like compounds are reported in units of grams for the category. This project will add toxic equivalency ( TEQ) reporting for the category and quantity data for individual members of the category to the grams only reporting currently required for the category under EPCRA section 313. TEQs are a weighted quantity measure based on the toxicity of each dioxin congener relative to the most toxic dioxin congeners, 2,3,7,8 tetrachlorodibenzo p dioxin and 1,2,3,7,8 pentachlorodibenzo p dioxin. The addition of TEQ reporting will allow better understanding of the releases and waste management quantities currently reported to the TRI for dioxin and dioxin like compounds. TEQ reporting will also make it easier to compare TRI data on dioxin and dioxin like compounds with other EPA activities which present data on dioxin and dioxin like compounds in terms of TEQs. Several industry groups have written OMB supporting the addition of TEQ reporting to TRI.

Timetable:

Action Date NPRM 05/ 00/ 03 Final Action 01/ 00/ 04 Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses Government Levels Affected: Federal, State Additional Information: SAN No. 4692 URL For More Information: www. epa. gov Agency Contact: Daniel Bushman, Environmental Protection Agency, Office of Environmental Information, 2844T, Washington, DC 20460 Phone: 202 566 0743 Fax: 202 566 0741 Email: bushman. daniel@ epa. gov John Dombrowski, Environmental Protection Agency, Office of Environmental Information, 2844T, Washington, DC 20460 Phone: 202 566 0742 Fax: 202 566 0741 Email: dombrowski. john@ epamail. epa. gov RIN: 2025   AA12 Environmental Protection Agency ( EPA) Final Rule Stage Emergency Planning and Community Right to Know Act ( EPCRA)

3309. TRI; RESPONSES TO PETITIONS RECEIVED TO ADD OR DELETE OR MODIFY CHEMICAL LISTINGS ON THE TOXIC RELEASE INVENTORY Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is undetermined.

Legal Authority: 42 USC 11013 EPCRA 313 CFR Citation: 40 CFR 372 Legal Deadline: None Abstract: This is an ongoing action to cover all chemical petitions received by the TRI Program. These actions grant or deny petitions received to add or delete or modify chemicals on the list of toxic chemicals under section 313 of the Emergency Planning and Community Right to Know Act ( EPCRA) that are subject to reporting under the Toxic Chemical Release Reporting Rule. The actions cover individual chemicals or groups of chemicals for which petitions have been received.

Timetable:

Action Date Notice DBNPA ( Request to Delete) 10/ 27/ 95 60 FR 54949 NPRM Diisononyl phthalate ( DINP) ( Request to Add) 09/ 05/ 00 65 FR 53681 Response Acetonitrile ( Request to Delete) 06/ 00/ 03 Response Nitrogen Tetroxide ( Request to Add) 06/ 00/ 03 Response Chromium, Antimony, Titanite ( Request to Delete) 08/ 00/ 03 Final Action DBNPA ( Request to Delete) 11/ 00/ 03 Final Action Diisononyl phthalate ( DINP) ( Request to Add) 11/ 00/ 03 Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses Government Levels Affected: Federal, State Additional Information: SAN No. 2425 URL For More Information: www. epa. gov Agency Contact: Daniel R. Bushman, Environmental Protection Agency, Office of Environmental Information, 2844T, Washington, DC 20460 Phone: 202 566 0743 Fax: 202 566 0741 Email: bushman. daniel@ epa. gov John Dombrowski, Environmental Protection Agency, Office of Environmental Information, 2844T, Washington, DC 20460 Phone: 202 566 0742 Fax: 202 566 0741 Email: dombrowski. john@ epamail. epa. gov RIN: 2025   AA00 VerDate May< 05> 2003 14: 34 May 16, 2003 Jkt 200001 PO 00000 Frm 00125 Fmt 1254 Sfmt 1254 D:\ UNIFIED\ PRESSD~ 1\ UA030424. TXT apps41 PsN: UA030424 31066 Federal Register / Vol. 68, No. 101 / Tuesday, May 27, 2003 / Unified Agenda EPA   Emergency Planning and Community Right to Know Act ( EPCRA) Final Rule Stage 3310. TOXIC CHEMICAL RELEASE REPORTING USING NORTH AMERICAN INDUSTRIAL CLASSIFICATION SYSTEM ( NAICS)

Priority: Info./ Admin./ Other Legal Authority: Not Yet Determined CFR Citation: 40 CFR 372 Legal Deadline: None Abstract: The Office of Management and Budget ( OMB) published a Federal Register Notice of final decision ( 62 FR 68) to adopt the North American Industry Classification System ( NAICS) for the United States. This rulemaking initiates the conversion from TRI Reporting using Standard Industrial Classification ( SIC) codes to TRI Reporting using NAICS codes. The TRI Program will convert to NAICS without producing any changes in the facilities that are now subject to TRI reporting. Therefore, there should be no increased burden resulting from this action.

Timetable:

Action Date NPRM Comment Period End 03/ 20/ 03 NPRM 03/ 21/ 03 68 FR 13872 Final Action 12/ 00/ 03 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal, State Additional Information: SAN No. 4595 Sectors Affected: 212 Mining ( except Oil and Gas); 221 Utilities; 562 Waste Management and Remediation Services; 422 Wholesale Trade, Nondurable Goods URL For More Information: www. epa. gov Agency Contact: Judith Kendall, Environmental Protection Agency, Office of Environmental Information, 2844T, Washington, DC 20460 Phone: 202 566 0750 Fax: 202 566 0741 Email: kendall. judith@ epamail. epa. gov John Dombrowski, Environmental Protection Agency, Office of Environmental Information, 2844T, Washington, DC 20460 Phone: 202 566 0742 Fax: 202 566 0741 Email: dombrowski. john@ epamail. epa. gov RIN: 2025   AA10 Environmental Protection Agency ( EPA) Long Term Actions Emergency Planning and Community Right to Know Act ( EPCRA)

3311. EMERGENCY PLANNING AND COMMUNITY RIGHT TO KNOW ACT: AMENDMENTS AND STREAMLINING RULE Priority: Other Significant Legal Authority: 42 USC 11002; 42 USC 11004; 42 USC 11048; 42 USC 11021; 42 USC 11022 CFR Citation: 40 CFR 355; 40 CFR 370 Legal Deadline: None Abstract: This rule will address the remaining issues from the proposed rule of June 8, 1998. ( Reporting thresholds for gasoline and diesel fuel at retail gas stations were included in a separate final rule; 64 FR 7031, February 11, 1999.) This supplemental proposal will address reporting thresholds for chemicals that pose minimal risk. The final rule to the June 8, 1998 proposal and this supplemental proposal will address: reporting thresholds for rock salt, sand, gravel and other chemicals that pose minimal risk; plain language rewrite; and may consider reporting thresholds for facilities with some similarities to gas stations ( motor pools, marinas, etc.) and guidance on approaches to State flexibility.

This supplemental rule, when finalized, will minimize burden for those facilities that are currently reporting chemicals that pose minimal risk under sections 311 and 312 of the Emergency Planning and Community Right to Know Act. This rule, when finalized, may also reduce the number of facilities subject to these reporting requirements. The reporting requirements under sections 311 and 312 are intended to enhance communities' and emergency response officials' awareness of chemical hazards; to facilitate the development of State and local emergency response plans; and to aid communities and emergency response officials in preparing for and responding to emergencies safely and effectively. By proposing to provide relief from routine reporting of substances with minimal hazards and minimal risk, state and local officials can focus on chemicals that may pose more significant hazard or may present greater risks to the community.

Timetable:

Action Date NPRM 06/ 08/ 98 63 FR 31268 Supplemental NPRM To Be Determined Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: State, Local Additional Information: SAN No. 3215 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 Sicy Jacob, Environmental Protection Agency, Solid Waste and Emergency Response, 5104A, Washington, DC 20460 Phone: 202 564 8019 Fax: 202 564 8233 Email: jacob. sicy@ epa. gov RIN: 2050   AE17 3312. EMERGENCY PLANNING AND COMMUNITY RIGHT TO KNOW ACT; EXTREMELY HAZARDOUS SUBSTANCES LIST; MODIFICATION OF THRESHOLD PLANNING QUANTITY FOR ISOPHORONE DIISOCYANATE Priority: Substantive, Nonsignificant Legal Authority: 42 USC 11002; 42 USC 11004; 42 USC 11048 CFR Citation: 40 CFR 355 Legal Deadline: None Abstract: On October 12, 1994 ( 59 FR 51816), EPA proposed to modify the listing of several chemicals on the extremely hazardous substances ( EHS) list under the Emergency Planning and VerDate May< 05> 2003 14: 34 May 16, 2003 Jkt 200001 PO 00000 Frm 00126 Fmt 1254 Sfmt 1254 D:\ UNIFIED\ PRESSD~ 1\ UA030424. TXT apps41 PsN: UA030424 31067 Federal Register / Vol. 68, No. 101 / Tuesday, May 27, 2003 / Unified Agenda EPA   Emergency Planning and Community Right to Know Act ( EPCRA) Long Term Actions Community Right to Know Act. One petitioner requested the removal of isophorone diisocyanate ( IPDI). EPA rejected the petitioner's request. However, in the review of the petition, EPA noticed that there was an error in the setting of the threshold planning quantity ( TPQ) for IPDI, and proposed to correct the error in the October 12, 1994, notice of proposed rulemaking. The other modifications to the EHS list were made final on May 7, 1996; however, the TPQ for IPDI was not included in that final rule. The goal is to finalize the TPQ for IPDI. This action will be setting the correct threshold planning quantity for IPDI, which was set in error in the April 22, 1987, final rule. No new entities are regulated by this action, however since the TPQ will be set higher than it is at present time, fewer facilities will be subject to the requirements under section 302, 311, and 312 of the Emergency Planning and Community Right to Know Act. Timetable:

Action Date Final Action To Be Determined Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 3993 Sectors Affected: 325 Chemical Manufacturing Agency Contact: Sicy Jacob, Environmental Protection Agency, Solid Waste and Emergency Response, 5104A, Washington, DC 20460 Phone: 202 564 8019 Fax: 202 564 8233 Email: jacob. sicy@ epa. gov RIN: 2050   AE43 3313. TRI; CHEMICAL EXPANSION; FINALIZATION OF DEFERRED CHEMICALS Priority: Other Significant. Major status under 5 USC 801 is undetermined. Unfunded Mandates: Undetermined Legal Authority: 42 USC 11013 EPCRA 313; 42 USC 11023; 42 USC 11048; 42 USC 11076 CFR Citation: 40 CFR 372 Legal Deadline: None Abstract: On November 30, 1994, EPA added 286 chemicals and chemical categories to the EPCRA section 313 list, including 39 chemicals as part of two delineated categories. Each chemical and chemical category was found to meet the statutory criteria described in EPCRA section 313( d)( 2)( A)( C). At this time, EPA deferred final action on 40 chemicals and one chemical category until a later date. These were deferred because the comments received on them raised difficult technical or policy issues which required additional time to address. EPA chose not to delay final action on the 286 chemicals and chemical categories because of the additional time needed to address the issues surrounding the smaller group of 40 chemicals and one chemical category; rather, EPA believed it to be in the spirit of community right toknow to proceed with the final rulemaking of the additional chemicals and chemical categories.

Timetable:

Action Date NPRM Original Proposed rule to add 313 chemicals 01/ 12/ 94 59 FR 1788 NPRM 40 chemicals and one chemical category deferred from final rule. To Be Determined Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses Government Levels Affected: Federal, State Additional Information: SAN No. 3007 Sectors Affected: 42269 Other Chemical and Allied Products Wholesalers Agency Contact: Daniel R. Bushman, Environmental Protection Agency, Office of Environmental Information, 2844T, Washington, DC 20460 Phone: 202 566 0743 Fax: 202 566 0741 Email: bushman. daniel@ epa. gov John Dombrowski, Environmental Protection Agency, Office of Environmental Information, 2844T, Washington, DC 20460 Phone: 202 566 0742 Fax: 202 566 0741 Email: dombrowski. john@ epamail. epa. gov RIN: 2025   AA01 3314. TRI; REVIEW OF CHEMICALS ON THE ORIGINAL TRI LIST Priority: Other Significant Legal Authority: 42 USC 1101 et seq CFR Citation: 40 CFR 372 Legal Deadline: None Abstract: When TRI was established by Congress in 1986, the statutory language placed 309 chemicals and 20 categories of chemicals on the TRI list; that is referred to as the original TRI list. The chemicals on the original list were taken from two existing lists of toxic substances: the Maryland Chemical Inventory Report List of Toxic or Hazardous Substances, and the New Jersey Environmental Hazardous Substances list. This action constitutes the first systematic review of toxicology and environmental data for all the chemicals on the original TRI list to determine whether data for those chemicals conform with the statutory criteria for listing of chemicals on TRI. Chemicals for which data do not meet the statutory criteria will be delisted.

Timetable:

Action Date NPRM 07/ 00/ 04 Final Action 07/ 00/ 05 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal, State Additional Information: SAN No. 4015 URL For More Information: www. epa. gov Agency Contact: Steve Devito, Environmental Protection Agency, Office of Environmental Information, 2844T, Washington, DC 20460 Phone: 202 566 0755 Fax: 202 566 0741 Email: devito. steve@ epa. gov John Dombrowski, Environmental Protection Agency, Office of Environmental Information, 2844T, Washington, DC 20460 Phone: 202 566 0742 Fax: 202 566 0741 Email: dombrowski. john@ epamail. epa. gov RIN: 2025   AA03 VerDate May< 05> 2003 14: 34 May 16, 2003 Jkt 200001 PO 00000 Frm 00127 Fmt 1254 Sfmt 1254 D:\ UNIFIED\ PRESSD~ 1\ UA030424. TXT apps41 PsN: UA030424 31068 Federal Register / Vol. 68, No. 101 / Tuesday, May 27, 2003 / Unified Agenda EPA   Emergency Planning and Community Right to Know Act ( EPCRA) Long Term Actions 3315. TRI; POLLUTION PREVENTION ACT INFORMATION REQUIREMENTS Priority: Other Significant. Major status under 5 USC 801 is undetermined. Unfunded Mandates: Undetermined Legal Authority: 42 USC 11013 Pollution Prevention Act CFR Citation: 40 CFR 372 Legal Deadline: None Abstract: Section 6607( b) of the Pollution Prevention Act of 1990 ( PPA) ( Pub. L. 101 508) requires the addition of several data elements to the Toxic Chemical Release Inventory ( TRI) reporting requirements as promulgated under section 313 of the Emergency Planning and Community Right to Know Act of 1986 ( EPCRA) ( Pub. L. 99 499). Section 313 of EPCRA requires owners or operators of certain facilities that manufacture, process, or otherwise use listed toxic chemicals to annually report their releases of these chemicals to each environmental medium. The PPA mandates that section 313 covered facilities also report on source reduction and recycling activities relating to the toxic chemicals beginning with the 1991 reporting year. Since 1991 covered facilities have been providing this information to EPA in section 8, Source Reduction and Recycling Activities, of EPA Form R. On September 25, 1991 ( 56 FR 48475), EPA proposed regulations which would provide definitions and instructions for reporting the PPA data elements on the EPA Form R. In this action, EPA will amend certain aspects of the September 25, 1991, proposed rule.

Timetable:

Action Date NPRM 09/ 25/ 91 56 FR 48475 Response To Be Determined Action Date Supplemental NPRM To Be Determined Final Action To Be Determined Regulatory Flexibility Analysis Required: Undetermined Small Entities Affected: Businesses Government Levels Affected: Federal, State Additional Information: SAN No. 2847 URL For More Information: www. epa. gov Agency Contact: John Dombrowski, Environmental Protection Agency, Office of Environmental Information, 2844T, Washington, DC 20460 Phone: 202 566 0742 Fax: 202 566 0741 Email: dombrowski. john@ epamail. epa. gov RIN: 2025   AA09 Environmental Protection Agency ( EPA) Completed Actions Emergency Planning and Community Right to Know Act ( EPCRA)

3316. TRI: APA PETITION EPCRA 313 DEFINITION OF OVERBURDEN AS IT RELATES TO THE MINING INDUSTRY Priority: Substantive, Nonsignificant CFR Citation: 40 CFR 372 Completed:

Reason Date Notice 10/ 10/ 02 67 FR 63060 Regulatory Flexibility Analysis Required: No Government Levels Affected: None Agency Contact: Peter South Phone: 202 566 7507 Fax: 202 564 0741 Email: south. peter@ epa. gov John Dombrowski Phone: 202 566 0742 Fax: 202 566 0741 Email: dombrowski. john@ epamail. epa. gov RIN: 2025   AA08 Environmental Protection Agency ( EPA) Proposed Rule Stage Resource Conservation and Recovery Act ( RCRA)

3317. REVISIONS TO THE COMPREHENSIVE GUIDELINE FOR PROCUREMENT OF PRODUCTS CONTAINING RECOVERED MATERIALS Priority: Substantive, Nonsignificant Legal Authority: 42 USC 6912( a) RCRA 6002( e)

CFR Citation: 40 CFR 247 Legal Deadline: None Abstract: RCRA section 6002 and E. O. 13101 require EPA to prepare guidelines in the Federal Register which designate items that are or can be made with recovered materials and to issue recommendations for government procurement of these items. Once designated, procuring agencies are required to purchase these items with the highest percentage of recovered materials practicable. Government procurement of EPAdesignated items containing recovered materials fosters markets for recovered materials and, thereby, closes the recycling loop. To date, EPA has designated 54 items under three Comprehensive Procurement Guidelines ( CPG1, CPG2 and CPG3). EPA has also issued a Recovered Materials Advisory Notice ( RMAN) with each CPG which provides recommendations on buying the designated items. The E. O. requires EPA to update the CPG every two years. The newest action issues proposed item designations in CPG5 in a NPRM. Soon afterwards EPA will issue final item designations in CPG4.

Timetable:

Action Date Notice PPRMA  Paper Products Recovered Materials Advisory Notice 06/ 08/ 98 63 FR 31214 Notice RMAN1  Recovered Materials Advisory Notice I Update 06/ 08/ 98 63 FR 31217 NPRM ( CPG3 and RMAN 3) 08/ 26/ 98 63 FR 45558 Final CPG3 RMAN3 ( CPG3 and RMAN 3) 01/ 19/ 00 65 FR 3069 VerDate May< 05> 2003 14: 34 May 16, 2003 Jkt 200001 PO 00000 Frm 00128 Fmt 1254 Sfmt 1254 D:\ UNIFIED\ PRESSD~ 1\ UA030424. TXT apps41 PsN: UA030424 31069 Federal Register / Vol. 68, No. 101 / Tuesday, May 27, 2003 / Unified Agenda EPA   Resource Conservation and Recovery Act ( RCRA) Proposed Rule Stage Action Date Notice NAFD Notice of Availability of Final Document 01/ 19/ 00 65 FR 3082 NPRM CPG4 RMAN4 ( CPG4 and RMAN 4) 08/ 28/ 01 66 FR 45256 NPRM CPG5 05/ 00/ 03 Final CPG4 RMAN4 ( CPG4 and RMAN 4) 07/ 00/ 03 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal, State, Local Additional Information: SAN No. 3545 Sectors Affected: 92111 Executive Offices; 92119 All Other General Government Agency Contact: Susan Nogas, Environmental Protection Agency, Solid Waste and Emergency Response, 5306W, Washington, DC 20460 Phone: 703 308 0199 Fax: 703 308 8686 Email: nogas. sue@ epa. gov RIN: 2050   AE23 3318. REVISIONS TO SOLID WASTE LANDFILL CRITERIA; LEACHATE RECIRCULATION ON ALTERNATIVE LINERS Priority: Substantive, Nonsignificant Legal Authority: 42 USC 6907; 42 USC 6912; 42 USC 6944; 42 USC 6949a CFR Citation: 40 CFR 258 Legal Deadline: None Abstract: EPA plans to propose a rule to allow leachate recirculation over alternative liner systems which meet the performance standard specified by the municipal solid waste landfill ( MSWLF) criteria. The performance determination would be made by the state director of an approved MSWLF program. EPA also plans to propose a new section to the MSWLF criteria which will allow the alternative of clean closure of landfills rather than require the installation of a landfill cap, which would allow the solid waste in the MSWLF to be totally removed from the site and be properly disposed of at another site. Finally, EPA plans to propose an additional factor to 258.54 for determining the frequency of ground water monitoring for the detection monitoring program specified in this subpart. The additional factor for consideration concerns liner performance where there is some direct system for determining liner performance. However, the minimum monitoring frequency would still be no less than once a year as stated in the existing regulation.

The Federal role is to establish minimum protective criteria ( Part 258). This proposal will allow additional flexibility for facility managers of municipal landfills to achieve compliance with the criteria. By providing additional flexibility this proposal will reduce potential costs while providing alternative means of environmental protection.

Timetable:

Action Date NODA  Request for Information and Data 04/ 06/ 00 65 FR 18014 NPRM 08/ 00/ 03 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: State, Local, Tribal Additional Information: SAN No. 4230 Sectors Affected: 562 Waste Management and Remediation Services Agency Contact: Dwight Hlustick, Environmental Protection Agency, Solid Waste and Emergency Response, 5306W, Washington, DC 20460 Phone: 703 308 8647 Fax: 703 308 8686 Email: hlustick. dwight@ epa. gov Deborah Hanlon, Environmental Protection Agency, Solid Waste and Emergency Response, 5306W, Washington, DC 20460 Phone: 703 308 5824 Fax: 703 308 8686 Email: hanlon. deborah@ epa. gov RIN: 2050   AE67 3319. LISTING DETERMINATION AND LDR FOR WASTES GENERATED DURING THE MANUFACTURE OF AZO, ANTHRAQUINONE, AND TRIARYLMETHANE DYES AND PIGMENTS Priority: Other Significant Legal Authority: 42 USC 6921; RCRA 3001; 42 USC 9602; CERCLA 102 CFR Citation: 40 CFR 148; 40 CFR 261; 40 CFR 264; 40 CFR 265; 40 CFR 268; 40 CFR 271; 40 CFR 302 Legal Deadline: NPRM, Judicial, November 10, 2003. Final, Judicial, February 15, 2005. Abstract: This action is mandated by the 1984 Hazardous and Solid Waste Amendments and a consent decree ( EDF v. Browner, Civil Action No. 89 0598, D. D. C.). This action addresses the potential human health and environmental risks posed by wastes from the manufacture of dyes and pigments, and determines whether these wastes should be listed as hazardous wastes under the Resource Conservation and Recovery Act ( RCRA) to control any potentially unacceptable risks. If listed under RCRA, these wastes would also be added to the Comprehensive Environmental Response, Compensation, and Liability Act ( CERCLA). Upon evaluation of risk assessment modeling results, we will propose whether or not to list the wastes of concern. If relevant, we may include contingencies to focus the listing on particular waste management practices. If we determine that these wastes warrant listing, we will provide the benefit of protecting human health and the environment. At the same time, we plan to provide specific risk reduction goals for industry, which, if met, will significantly reduce the regulatory burden associated with the listing determination. As of early 2003, we have not yet quantified potential costs associated with this rule. Depending on how the proposal is structured, there may be some small business impacts. The current action is a re proposal of prior actions. We proposed listing decisions for most of the targeted wastes in 1994, and several other wastes in 1999. The 1994 and 1999 proposals were incomplete because they did not contain information claimed to be confidential by industry ( the data are subject to an injunction prohibiting their release). The current action does not rely on the contested data and will replace the 1994 and 1999 proposals. The re proposal will also identify land disposal restrictions for the wastes of concern. The current action is targeted on wastes from the manufacture of dyes and pigments, with specific emphasis on certain product classes ( azos, anthraquinones, triarylmethanes).

VerDate May< 05> 2003 14: 34 May 16, 2003 Jkt 200001 PO 00000 Frm 00129 Fmt 1254 Sfmt 1254 D:\ UNIFIED\ PRESSD~ 1\ UA030424. TXT apps41 PsN: UA030424 31070 Federal Register / Vol. 68, No. 101 / Tuesday, May 27, 2003 / Unified Agenda EPA   Resource Conservation and Recovery Act ( RCRA) Proposed Rule Stage Manufacturers of these products will need to assess their wastes to determine whether they meet the final listing definitions.

Timetable:

Action Date NPRM Dyes I 12/ 22/ 94 59 FR 66072 NPRM Dyes II ( Deferred Wastes) 07/ 23/ 99 64 FR 40192 NPRM Dyes and Pigments III 11/ 00/ 03 Final Action Dyes and Pigments III 02/ 00/ 05 Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Federal, State, Tribal Additional Information: SAN No. 3066 Sectors Affected: 325132 Organic Dye and Pigment Manufacturing Agency Contact: Gwen DiPietro, Environmental Protection Agency, Solid Waste and Emergency Response, 5304W, Washington, DC 20460 Phone: 703 308 8285 Fax: 703 308 0522 Email: dipietro. gwen@ epa. gov Sue Slotnick, Environmental Protection Agency, Solid Waste and Emergency Response, 5304W, Washington, DC 20460 Phone: 703 308 8462 Fax: 703 308 0522 Email: slotnick. sue@ epa. gov RIN: 2050   AD80 3320. MODIFICATIONS TO RCRA RULES ASSOCIATED WITH SOLVENTCONTAMINATED INDUSTRIAL WIPES Priority: Other Significant Legal Authority: 42 USC 6921 CFR Citation: 40 CFR 261 Legal Deadline: None Abstract: EPA is proposing to modify the RCRA regulations for management of solvent contaminated industrial wipes in response to stakeholder concerns that industrial wipes are overregulated because they pose little threat to human health and the environment. Industrial wipes are used with solvents across industry in various ways; EPA estimates that there are approximately 471,000 users of industrial wipes in 13 economic sub sectors, but many users use small numbers of wipes with small amounts of solvents on them. This proposed regulation would provide regulatory relief for two types of solvent contaminated industrial wipes: ( 1) disposable wipes, which are disposed of in a landfill or by combustion after use, and ( 2) reusable wipes, which are laundered after use to remove the solvent and then are used again. The proposal is to conditionally exclude disposable industrial wipes from the definition of hazardous waste and to conditionally exclude reusable industrial wipes from the definition of solid waste.

The regulation is estimated to result in $ 34 million of savings throughout the economy and has been developed with conditions to ensure that management of these solvents remains protective of human health and the environment.

Timetable:

Action Date NPRM 07/ 00/ 03 Regulatory Flexibility Analysis Required: No Small Entities Affected: Businesses Government Levels Affected: Federal, State Additional Information: SAN No. 4091 Sectors Affected: 812 Personal and Laundry Services; 323 Printing and Related Support Activities; 325 Chemical 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; 441 Motor Vehicle and Parts Dealers; 811 Repair and Maintenance Agency Contact: Katherine Blanton, Environmental Protection Agency, Solid Waste and Emergency Response, 5304W, Washington, DC 20460 Phone: 703 605 0761 Fax: 703 308 0514 Email: blanton. katherine@ epa. gov RIN: 2050   AE51 3321. REVISION OF WASTEWATER TREATMENT EXEMPTIONS FOR HAZARDOUS WASTE MIXTURES Priority: Other Significant Legal Authority: 42 USC 6912( a); 42 USC 6921; 42 USC 6922; 42 USC 6924; 42 USC 6926 CFR Citation: 40 CFR 261.3( a)( 2)( iv)( A)( G)( Revision)

Legal Deadline: None Abstract: This proposed revision to the wastewater treatment exemptions for hazardous waste mixtures would address inconsistencies in the regulations, as well as provide regulatory relief. Current EPA mixture rule exemptions have not kept up with more recent additions to solvent listings, Clean Air Act regulations, wastewater treatment technology, and policies affecting other hazardous wastes. Therefore, the need exists for a Federal deregulatory solution to resolve these inconsistencies. It is estimated that this proposal, if finalized, will save $ 11 to $ 49 million in compliance costs. EPA is proposing to add two solvents ( benzene and 2 ethoxyethanol) to the hazardous waste exemptions for mixtures of spent solvents in wastewater treatment plants ( headworks rule) at 40 CFR 261.3( a)( 2)( iv)( A) and ( B). EPA is proposing not to take action on two other solvents, 2 nitropropane and 1,1,2 trichloroethane. In addition, EPA is proposing ( 1) changes in the implementation of the rule from using mass balance only, to choice of using direct monitoring; ( 2) revising the types of facilities and the types of wastes eligible for the de minimis exemption under section 261.3( a)( 2)( iv)( D); and clarifying the applicability of the exemption to scrubber waters from the incineration of spent solvents. The Agency will review comments from the public and formulate a final revision taking public comment into consideration. Facilities affected by this action include industrial facilities with on site wastewater treatment plants, commercial wastewater treatment facilities, and certain Federal facilities.

Timetable:

Action Date NPRM Revisions for Wastewater Treatment Exemptions 05/ 00/ 03 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal, State Additional Information: SAN No. 4501 VerDate May< 05> 2003 14: 34 May 16, 2003 Jkt 200001 PO 00000 Frm 00130 Fmt 1254 Sfmt 1254 D:\ UNIFIED\ PRESSD~ 1\ UA030424. TXT apps41 PsN: UA030424 31071 Federal Register / Vol. 68, No. 101 / Tuesday, May 27, 2003 / Unified Agenda EPA   Resource Conservation and Recovery Act ( RCRA) Proposed Rule Stage Sectors Affected: 31 33 Manufacturing; 562 Waste Management and Remediation Services URL For Public Comments: NPRM www. epa. gov Agency Contact: Ron Josephson, Environmental Protection Agency, Solid Waste and Emergency Response, 5304W, Washington, DC 20460 Phone: 703 308 0442 Fax: 703 308 0522 Email: josephson. ron@ epa. gov Laura Burrell, Environmental Protection Agency, Solid Waste and Emergency Response, 5304W Phone: 703 308 0005 Fax: 703 308 0514 Email: burrell. laura@ epamail. epa. gov RIN: 2050   AE84 3322. INCREASE METALS RECLAMATION FROM F006 WASTE STREAMS Priority: Other Significant Unfunded Mandates: Undetermined Legal Authority: Not Yet Determined CFR Citation: 40 CFR 261 Legal Deadline: None Abstract: Many metal finishers and other industrial sectors generate an electroplating sludge as part of their production process that is amenable to recycling; i. e., the sludge contains economically recoverable amounts of metals such as copper, nickel, zinc, etc. Currently, these sludges ( F006) are listed hazardous wastes subject to RCRA regulations. Many generators continue to send these sludges for treatment and disposal when they could be recycled. Similarly, generators currently sending their sludges for recycling receive no economic benefit for this practice. Since the mid 1990' s, EPA has been working with industry and the States to create incentives for safe recycling and has promulgated rules to foster this practice. However, EPA is interested in exploring whether further regulatory changes are warranted.

EPA is currently evaluating several options that would provide regulatory relief to generators and handlers of F006. All options would reduce regulatory costs to generators and handlers relative to the current RCRA subtitle C regulatory program. Timetable:

Action Date NPRM 12/ 00/ 03 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Undetermined Federalism: Undetermined Additional Information: SAN No. 4651 Agency Contact: Jim O'Leary, Environmental Protection Agency, Solid Waste and Emergency Response, 5304W, Washington, DC 20460 Phone: 703 308 8827 Fax: 703 308 0514 Email: oleary. jim@ epa. gov Jim Michael, Environmental Protection Agency, Solid Waste and Emergency Response, 5304W, Washington, DC 20460 Phone: 703 308 8610 Fax: 703 308 0514 Email: michael. jim@ epa. gov RIN: 2050   AE97 3323. REVISIONS TO THE DEFINITION OF SOLID WASTE Priority: Other Significant Legal Authority: RCRA sec 1004; 42 USC 6903 CFR Citation: 40 CFR 261.2 Legal Deadline: None Abstract: Under RCRA, to be a hazardous waste, a material must also be a solid waste. EPA's framework for determining whether a material is a solid waste is based on what the material is, and how it's managed ( e. g., how it is used, reused, etc.). For materials being recycled, RCRA jurisdiction is complex and the history of legal decisions related to the definition of solid waste is extensive ( AMC I, API I, AMC II, ABR, API II, etc.). In response to American Mining Congress v. EPA, 824 F. 2d 1177( D. C. Cir. 1987) ( AMC I) and one of the most recent decisions, the Association of Battery Recyclers, v. EPA 208 F. 3d 1047 ( 2000) ( ABR), EPA has decided to initiate development of a proposed rule to revise the definition of solid waste. We expect that the proposed rule will specifically address materials undergoing reclamation. In the context of reclamation, we plan to discuss options for how to distinguish materials that are discarded from materials that remain in use in a continuous industrial process and we anticipate proposing a definition of `` continuous industrial process.'' Generally, we believe that removing the specter of RCRA control where it is not necessary can spur increased reuse and recycling of hazardous waste, and will lead to better resource conservation and improved materials management overall.

Timetable:

Action Date NPRM 07/ 00/ 03 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Undetermined Federalism: Undetermined Additional Information: SAN No. 4670 Agency Contact: Marilyn Goode, Environmental Protection Agency, Solid Waste and Emergency Response, 5304W, Washington, DC 20460 Phone: 703 308 8800 Fax: 703 308 0522 Email: goode. marilyn@ epa. gov Ingrid Rosencrantz, Environmental Protection Agency, Solid Waste and Emergency Response, Washington, DC 20460 Phone: 703 605 0709 Fax: 703 308 0522 Email: rosencrantz. ingrid@ epamail. epa. gov RIN: 2050   AE98 3324.   RECYCLED USED OIL CONTAINING PCBS: AMENDMENTS Priority: Substantive, Nonsignificant Legal Authority: 42 USC 6905; 42 USC 6912( a); 42 USC 6921 to 6927; 42 USC 6930; 42 USC 6934; 42 USC 6974; 42 USC 9601; 42 USC 9614( c)

CFR Citation: 40 CFR 261; 40 CFR 279 Legal Deadline: None Abstract: The direct final rule, published May 6, 1998, eliminates errors and clarifies ambiguities in the used oil management standards. Specifically, the rule clarifies ( 1) when used oil contaminated with polychlorinated biphenyls ( PCBs) is regulated under the used oil management standards and when it is VerDate May< 05> 2003 14: 34 May 16, 2003 Jkt 200001 PO 00000 Frm 00131 Fmt 1254 Sfmt 1254 D:\ UNIFIED\ PRESSD~ 1\ UA030424. TXT apps41 PsN: UA030424 31072 Federal Register / Vol. 68, No. 101 / Tuesday, May 27, 2003 / Unified Agenda EPA   Resource Conservation and Recovery Act ( RCRA) Proposed Rule Stage not, ( 2) that the requirements applicable to releases of used oil apply in States that are not authorized for the RCRA base program, ( 3) that mixtures of conditionally exempt small quantity generator ( CESQG) wastes and used oil are subject to the used oil management standards irrespective of how that mixture is to be recycled, and ( 4) that the initial marketer of used oil that meets the used oil fuel specification need only keep a record of a shipment of used oil to the facility to which the initial marketer delivers the used oil. This rule also amends three incorrect references to the pre 1992 used oil specifications in the provisions which address hazardous waste fuel produced from, or oil reclaimed from, oil bearing hazardous wastes from petroleum refining operations. EPA received relevant adverse comments on three of the amendments included in the May 6, 1998, direct final rule: the amendments to 40 CFR 261.5( j) ( mixtures of conditionally exempt small quantity generator waste and used oil), 40 CFR 279.10( i) ( applicability of the used oil management standards to used oil contaminated with polychlorinated biphenyls ( PCBs)), and 40 CFR 279.74( b) ( recordkeeping requirements for marketers of used oil that meets the used oil fuel specification). On July 14, 1998, the Agency withdrew these three amendments and reinstated the regulatory text that existed prior to the May 6, 1998, direct final rule. The remaining amendments that did not receive any relevant adverse comments became effective on July 6, 1998 as provided in the May 6, 1998 direct final rule. EPA will promulgate a final rule addressing the comments received and finalizing the three amendments that were withdrawn, as appropriate. Timetable:

Action Date NPRM 05/ 06/ 98 63 FR 25006 Direct Final Rule 05/ 06/ 98 63 FR 24963 Partial Removal ( of 3 Amendments) 07/ 14/ 98 63 FR 37780 NPRM 07/ 00/ 03 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: State Additional Information: SAN No. 4088 Agency Contact: Mike Svizzero, Environmental Protection Agency, Solid Waste and Emergency Response, 5304W, Washington, DC 20460 Phone: 703 308 0046 Fax: 703 308 8638 Email: svizzero. michael@ epa. gov RIN: 2050   AF07 3325.   REVISIONS OF THE LEADACID BATTERY EXPORT NOTIFICATION AND CONSENT REQUIREMENTS Priority: Other Significant Legal Authority: 42 USC 6901 et seq CFR Citation: 40 CFR subpart G 266.80( a) Legal Deadline: None Abstract: Currently, generators, transporters and facilities that reclaim but do not store spent lead acid batteries are exempt from hazardous waste management requirements, as specified in 40 CFR part 266 subpart G. Spent lead acid batteries destined for export/ reclamation are not, therefore, subject to RCRA manifesting or export notification and consent requirements specified in 40 CFR part 262. Allowing the export of spent lead acid batteries without prior notice and consent of the receiving country is not consistent with widely accepted international practices. Similarly, the exemption contrasts with more recent Universal Waste requirements in 40 CFR part 262, which require export notice and consent for comparable exempt waste streams. The purpose of this regulation is to modify the spent lead acid battery exemption to require appropriate notice and consent for those batteries intended for export. Timetable:

Action Date NPRM 04/ 00/ 04 Final Action 04/ 00/ 05 Regulatory Flexibility Analysis Required: Undetermined Small Entities Affected: Businesses Government Levels Affected: Federal Additional Information: SAN No. 4778 Agency Contact: Timothy Lehman, Environmental Protection Agency, Solid Waste and Emergency Response, 5304W, Washington, DC 20460 Phone: 703 308 0290 Fax: 703 308 0522 Email: lehman. timothy@ epa. gov Frank McAlister, Environmental Protection Agency, Solid Waste and Emergency Response, 5304W Phone: 703 308 8196 Fax: 703 308 0514 Email: mcalister. frank@ epa. gov RIN: 2050   AF06 3326.   LAND DISPOSAL RESTRICTIONS: DETERMINATION OF EQUIVALENT TREATMENT FOR MACROENCAPSULATION OF RADIOACTIVE LEAD SOLIDS; DEFINITION OF MACROENCAPSULATION Priority: Substantive, Nonsignificant Legal Authority: 42 USC 6905; 42 USC 6912( a); 42 USC 6921; 42 USC 6924 CFR Citation: 40 CFR 268.42 Legal Deadline: None Abstract: EPA anticipates taking action to grant a national determination of equivalent treatment petition at the request of the Department of Energy. Currently the use of containers is prohibited for the disposal of radioactive lead solids by regulations at 40 CFR 268.42. This necessitates the segradation and separation of radioactive lead solids from other debris. Containers of high density polyethylene ( HDPE) can be constructed that provide a resistant barrier to degradation by the wastes and materials into which it may come into contact after disposal. Revision of current regulation will be required to allow the use of such HDPE containers. We believe these changes in disposal practices will promote faster cleanup of contaminated sites by removing a regulatory distinction between radioactive lead solids and other forms of hazardous debris, reduce worker exposures, and promote further advancement in new technologies for disposal. The use of containers are expected to be less costly than extrusion coatings and, therefore, this action would be cost neutral to cost beneficial to the Department of Energy and other generators of radioactive lead solids.

Timetable:

Action Date NPRM 10/ 00/ 03 Direct Final Rule 10/ 00/ 03 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal, State, Local, Tribal VerDate May< 05> 2003 14: 34 May 16, 2003 Jkt 200001 PO 00000 Frm 00132 Fmt 1254 Sfmt 1254 D:\ UNIFIED\ PRESSD~ 1\ UA030424. TXT apps41 PsN: UA030424 31073 Federal Register / Vol. 68, No. 101 / Tuesday, May 27, 2003 / Unified Agenda EPA   Resource Conservation and Recovery Act ( RCRA) Proposed Rule Stage Additional Information: SAN No. 4743 Agency Contact: John Austin, Environmental Protection Agency, Solid Waste and Emergency Response, 5302W, Washington, DC 20460 Phone: 703 308 0436 Fax: 703 308 8433 Email: austin. john@ epamail. epa. gov Nichole Schindler, Environmental Protection Agency, Solid Waste and Emergency Response, 5302W Phone: 703 308 0146 Fax: 703 308 8433 Email: schindler. nichole@ epa. gov RIN: 2050   AF12 3327. NESHAPS: STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR HAZARDOUS WASTE COMBUSTORS Priority: Other Significant Legal Authority: 42 USC 6924 RCRA 3004; 42 USC 6925 RCRA 3005; 42 USC 7412 CAA 112; 42 USC 7414 CAA 114 CFR Citation: 40 CFR 60; 40 CFR 63; 40 CFR 260; 40 CFR 264; 40 CFR 265; 40 CFR 266; 40 CFR 270 Legal Deadline: Final, Judicial, June 15, 2005, Consent decree.

Abstract: On September 30, 1999, EPA promulgated standards to control emissions of hazardous air pollutants from incinerators, cement kilns, and lightweight aggregate kilns that burn hazardous waste ( referred to as the Phase I Rule). A number of parties, representing interests of both industry and the environmental community, sought judicial review of the rule. The Court ruled against EPA and vacated the Phase I rule. On October 19, 2001, EPA, together with all petitioners, filed a joint motion asking the Court to stay the issuance of its mandate to allow them time to develop interim standards. These stop gap interim standards were promulgated on February 13 and 14, 2002. They replace the vacated standards temporarily, until revised replacement standards are promulgated by June 15, 2005. This rulemaking will propose and finalize the Phase I replacement standards. Also, in this rulemaking effort, we are developing emission standards for hazardous waste burning industrial, institutional, commercial boilers, process heaters, and hydrochloric acid production furnaces. These sources are referred to as Phase II Sources because the standards were originally scheduled to be promulgated after Phase I source standards were finalized; however, a separate consent decree now requires us to finish developing emission standards for the Phase II sources by the same date as those for Phase I ( June 15, 2005). EPA is developing options for calculating the emission standards that are considered to be consistent with both the statutory requirements and the opinion of the Court. Potential costs and benefits are not yet available, because emission standards must be selected before the cost/ benefit analyses begin. EPA plans to propose emission standards and compliance provisions for both the Phase I and Phase II sources in December of 2003.

Timetable:

Action Date NPRM Cement Kilns & Lightweight Aggregate Kilns & Incinerators 04/ 19/ 96 61 FR 17358 Final MACT Fasttrack 06/ 19/ 98 63 FR 33782 Final Cement Kilns & LWAKs & Incinerators ( Final Phase I) 09/ 30/ 99 64 FR 52828 NODA 07/ 27/ 00 65 FR 39581 Direct Final Action 07/ 03/ 01 66 FR 35087 Parallel Proposal 07/ 03/ 01 66 FR 35124 NPRM Phase I 07/ 03/ 01 66 FR 35126 Direct Final Action 10/ 15/ 01 66 FR 52361 Final Compliance Extension 12/ 06/ 01 66 FR 63313 Interim Final Action 02/ 13/ 02 67 FR 6792 Final HAP 02/ 14/ 02 67 FR 6968 NPRM Boilers & Other Industrial Furnaces ( Phase II) 12/ 00/ 03 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal, State Additional Information: SAN No. 3333 Sectors Affected: 2123 Non Metallic Mineral Mining and Quarrying; 2211 Electric Power Generation, Transmission and Distribution; 22132 Sewage Treatment Facilities; 3241 Petroleum and Coal Products Manufacturing; 3271 Clay Product and Refractory Manufacturing; 3231 Printing and Related Support Activities; 3251 Basic Chemical Manufacturing; 3252 Resin, Synthetic Rubber, and Artificial and Synthetic Fibers and Filaments Manufacturing; 3253 Pesticide, Fertilizer and Other Agricultural Chemical Manufacturing; 3254 Pharmaceutical and Medicine Manufacturing; 3255 Paint, Coating, Adhesive, and Sealant Manufacturing; 3259 Other Chemical Product Manufacturing; 3271 Clay Product and Refractory Manufacturing; 3273 Cement and Concrete Product Manufacturing; 3274 Lime, Gypsum and Gypsum Product Manufacturing; 3279 Other Nonmetallic Mineral Product Manufacturing; 3327 Machine Shops, Turned Product, and Screw, Nut and Bolt Manufacturing; 3328 Coating, Engraving, Heat Treating and Allied Activities; 3329 Other Fabricated Metal Product Manufacturing; 3332 Industrial Machinery Manufacturing; 3335 ; 3339 Other General Purpose Machinery Manufacturing; 3341 Computer and Peripheral Equipment Manufacturing; 3342 Communications Equipment Manufacturing; 3343 Audio and Video Equipment Manufacturing; 3344 Semiconductor and Other Electronic Component Manufacturing; 3361 Motor Vehicle Manufacturing; 3362 Motor Vehicle Body and Trailer Manufacturing; 3363 Motor Vehicle Parts Manufacturing; 4227 Petroleum and Petroleum Products Wholesalers; 45431 Fuel Dealers; 5622 Waste Treatment and Disposal; 5629 Remediation and Other Waste Management Services Agency Contact: Rhonda Minnick, Environmental Protection Agency, Solid Waste and Emergency Response, 5302W, Washington, DC 20460 Phone: 703 308 8771 Fax: 703 308 8433 Email: minnick. rhonda@ epa. gov RIN: 2050   AE01 3328. PROJECT XL SITE SPECIFIC RULEMAKING FOR ANNE ARUNDEL COUNTY MILLERSVILLE LANDFILL, SEVERN, MARYLAND Priority: Substantive, Nonsignificant Legal Authority: 42 USC 6907; 42 USC 6912; 42 USC 6945; 42 USC 6949 CFR Citation: 40 CFR 258 Legal Deadline: None Abstract: Anne Arundel County proposes to demonstrate that a bioreactor with an alternative liner system is as effective, or superior to a bioreactor with the standard composite liner currently allowed by regulations. The main goal of this project is to deliver superior environmental performance by VerDate May< 05> 2003 14: 34 May 16, 2003 Jkt 200001 PO 00000 Frm 00133 Fmt 1254 Sfmt 1254 D:\ UNIFIED\ PRESSD~ 1\ UA030424. TXT apps41 PsN: UA030424 31074 Federal Register / Vol. 68, No. 101 / Tuesday, May 27, 2003 / Unified Agenda EPA   Resource Conservation and Recovery Act ( RCRA) Proposed Rule Stage capturing the additional airspace gained by accelerated decomposition of the waste. This benefits the County and its citizens by prolonging the life of the landfill and thereby postponing the siting of new solid waste management facilities, with their attendant social impacts, environmental impacts, and economic costs.

Timetable:

Action Date NPRM 05/ 00/ 03 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: State, Local Additional Information: SAN No. 4534 Agency Contact: Steven Donohue, Environmental Protection Agency, Office of the Administrator, 3E100, Philadelphia, PA 19103 2029 Phone: 215 814 3215 Fax: 215 814 2782 Email: donohue. steven@ epa. gov Sherri Walker, Environmental Protection Agency, Office of the Administrator, 1807T, Washington, DC 20460 Phone: 202 566 2186 Fax: 202 566 2218 Email: walker. sherri@ epa. gov RIN: 2090   AA25 3329. PROJECT XL SITE SPECIFIC RULEMAKING FOR IBM SEMICONDUCTOR MANUFACTURING FACILITY IN HOPEWELL JUNCTION, NEW YORK Priority: Substantive, Nonsignificant Legal Authority: 42 USC 6905; 42 USC 6912( a); 42 USC 6921; 42 USC 6922; 42 USC 6924( y); 42 USC 6938 CFR Citation: 40 CFR 261.4( a)

Legal Deadline: None Abstract: This rulemaking provides a site specific exclusion from the regulatory definition of solid waste for certain wastewater treatment sludges ( otherwise designated as Hazardous Waste No. F006) when they are used as ingredients in the production of cement. Without this exclusion, the sludges being legitimately recycled as substitutes for raw materials would remain subject to hazardous waste regulatory requirements, including the need for a storage permit by the cement manufacturer, which is a major disincentive to recycling the sludges in this manner. This XL project tests the presumption that these sludges can be safely recycled without regulatory oversight.

Timetable:

Action Date NPRM 06/ 06/ 01 66 FR 30349 Supplemental NPRM 05/ 00/ 03 Final Action 05/ 00/ 04 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal, State Additional Information: SAN No. 4565 Agency Contact: Sandra Panetta, Environmental Protection Agency, Office of the Administrator, 1807, Washington, DC 20460 Phone: 202 566 2184 Fax: 202 566 2200 Email: panetta. sandra@ epa. gov Andrew Baca, Environmental Protection Agency, Office of the Administrator, 5301W, Washington, DC 20460 Phone: 703 308 6787 Fax: 703 308 0513 Email: baca. andrew@ epa. gov RIN: 2090   AA29 Environmental Protection Agency ( EPA) Final Rule Stage Resource Conservation and Recovery Act ( RCRA)

3330. STANDARDIZED PERMIT FOR RCRA HAZARDOUS WASTE MANAGEMENT FACILITIES Priority: Other Significant Legal Authority: 42 USC 6905; 42 USC 6912; 42 USC 6924; 42 USC 6925; 42 USC 6927; 42 USC 6974 CFR Citation: 40 CFR 124; 40 CFR 267; 40 CFR 270 Legal Deadline: None Abstract: EPA has proposed creating a new type of general permit, called a standardized permit, for facilities that generate waste and routinely manage the waste on site in tanks, containers, and containment buildings. Under the standardized permit, facility owners and operators would certify compliance with generic design and operating conditions set on a national basis. The permitting agency would review the certifications submitted by the facility owners and operators. The permitting agency would also be able to impose additional site specific terms and conditions for corrective action or other purposes, as called for by RCRA. Ensuring compliance with the standardized permit's terms and conditions would occur during inspection of the facility after the permit has been issued. The standardized permit should streamline the permit process by allowing facilities to obtain and modify permits more easily while maintaining the protectiveness currently existing in the individual RCRA permit process. EPA estimates that the potential average annual cost savings to eligible facilities from implementation of this rule will range from approximately $ 100 to $ 5,800 ( i. e., 2 to 140 burden hours) per permit action, depending on such things as the type of permit and the type of storage equipment. The proposal raised issues for public comment on how all facilities receiving RCRA permits can satisfy RCRA corrective action requirements under appropriate alternative state cleanup programs and on financial assurance issues. The Agency is developing a final rule addressing this topic. Timetable:

Action Date NPRM 10/ 12/ 01 66 FR 52191 Final Action 09/ 00/ 03 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal, State Additional Information: SAN No. 4028 Sectors Affected: 32532 Pesticide and Other Agricultural Chemical Manufacturing; 32551 Paint and Coating Manufacturing; 332813 Electroplating, Plating, Polishing,

VerDate May< 05> 2003 14: 34 May 16, 2003 Jkt 200001 PO 00000 Frm 00134 Fmt 1254 Sfmt 1254 D:\ UNIFIED\ PRESSD~ 1\ UA030424. TXT apps41 PsN: UA030424 31075 Federal Register / Vol. 68, No. 101 / Tuesday, May 27, 2003 / Unified Agenda EPA   Resource Conservation and Recovery Act ( RCRA) Final Rule Stage Anodizing and Coloring; 325211 Plastics Material and Resin Manufacturing; 3252 Resin, Synthetic Rubber, and Artificial and Synthetic Fibers and Filaments Manufacturing; 32411 Petroleum Refineries; 3251 Basic Chemical Manufacturing Agency Contact: Jeff Gaines, Environmental Protection Agency, Solid Waste and Emergency Response, 5303W, Washington, DC 20460 Phone: 703 308 8655 Fax: 703 308 8609 Email: gaines. jeff@ epa. gov RIN: 2050   AE44 3331. MANAGEMENT OF CEMENT KILN DUST ( CKD) Priority: Other Significant Legal Authority: 42 USC 6912( a); RCRA 2002( a); 42 USC 6921( a); RCRA 3001( a) CFR Citation: 40 CFR 256; 40 CFR 259; 40 CFR 261; 40 CFR 264 Legal Deadline: None Abstract: In December 1993, EPA submitted a Report to Congress with its findings on the nature and management practices associated with cement kiln dust ( CKD). In 1995, EPA determined that some additional control of CKD was needed and published a regulatory determination ( 60 FR 7366, 2/ 7/ 95). On August 20, 1999, EPA issued a proposed rule ( 64 FR 45632) outlining the Agency's preferred regulatory approach ( i. e., an exemption from hazardous waste listing for properly managed CKD) and several optional approaches including requirements solely under RCRA subtitle D. On July 25, 2002, the Agency published a notice ( 67 FR 48648) to announce the availability for public inspection and comment of recently acquired data on CKD. The Agency is now considering an approach whereby it would finalize the proposed option of issuing the protective CKD management standards as described in the August 20, 1999, proposal as a RCRA subtitle D rule. The Agency would temporarily suspend its active consideration of the proposed listing of mismanaged CKD as a hazardous waste, and assess how CKD management practices and State regulatory programs evolve over the next three to five years. Based on this assessment, EPA will then proceed to either formally withdraw or promulgate the portion of the 1999 proposal that classifies as a RCRA hazardous waste CKD that has been egregiously mismanaged.

EPA will be promoting pollution prevention, recycling, and safer disposal of CKD by considering finalization of protective management standards for this waste. The Agency believes that these management standards are a creative, affordable, and common sense approach that can protect human health and the environment without imposing unnecessary regulatory burdens on the cement kiln industry. These standards provide a new, tailored framework that safeguards groundwater and limits risk from releases of dust to air.

Timetable:

Action Date Notice Regulatory Determination 02/ 07/ 95 60 FR 7366 NPRM 08/ 20/ 99 64 FR 45632 Notice of Data Availability 07/ 25/ 02 67 FR 48648 Notice 11/ 08/ 02 67 FR 68130 Final Action 09/ 00/ 03 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal, State Additional Information: SAN No. 3856 Sectors Affected: 32731 Cement Manufacturing Agency Contact: Anthony Carrell, Environmental Protection Agency, Solid Waste and Emergency Response, 5306W, Washington, DC 20460 Phone: 703 308 0458 Fax: 703 308 8686 Email: carrell. anthony@ epa. gov Steve Souders, Environmental Protection Agency, Solid Waste and Emergency Response, 5306W, Washington, DC 20460 Phone: 703 308 8431 Fax: 703 308 8686 Email: souders. steve@ epamail. epa. gov RIN: 2050   AE34 3332. CRITERIA FOR CLASSIFICATION OF SOLID WASTE DISPOSAL FACILITIES AND PRACTICES AND CRITERIA FOR MUNICIPAL SOLID WASTE LANDFILLS: DISPOSAL OF RESIDENTIAL LEAD BASED PAINT WASTE Priority: Substantive, Nonsignificant Legal Authority: 42 USC 6907( a)( 3); 42 USC 6912( a); 42 USC 6944; 42 USC 6949a CFR Citation: 40 CFR 257; 40 CFR 258 Legal Deadline: None Abstract: To help accelerate the pace of lead based paint removal from residences, and thereby reduce exposure of children and adults to health risks associated with lead, the Agency plans to expand disposal options for residential lead based paint waste. The rule would revise the definition of `` municipal solid waste landfill ( MSWLF) unit,'' and add definitions of `` construction and demolition ( C& D) landfill'' and `` residential lead based paint waste'' in the Criteria for Classification of Solid Waste Disposal Facilities and Practices ( part 257) and Criteria for Municipal Solid Waste Landfills ( part 258). This amendment will provide additional flexibility to disposers of residential lead based paint waste by allowing such waste to be disposed of in C& D landfills as well as in MSWLF units. The final rule will impose no additional costs and will result in cost savings.

Timetable:

Action Date NPRM 10/ 23/ 01 66 FR 53566 Direct Final Rule 10/ 23/ 01 66 FR 53535 Direct Final Withdrawn 12/ 28/ 01 66 FR 67108 Final Action 05/ 00/ 03 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal, State Additional Information: SAN No. 4525 Sectors Affected: 235 Special Trade Contractors; 23599 All Other Special Trade Contractors; 562212 Solid Waste Landfill Agency Contact: Paul F. Cassidy, Environmental Protection Agency, Solid Waste and Emergency Response, 5306W, Washington, DC 20460 VerDate May< 05> 2003 14: 34 May 16, 2003 Jkt 200001 PO 00000 Frm 00135 Fmt 1254 Sfmt 1254 D:\ UNIFIED\ PRESSD~ 1\ UA030424. TXT apps41 PsN: UA030424 31076 Federal Register / Vol. 68, No. 101 / Tuesday, May 27, 2003 / Unified Agenda EPA   Resource Conservation and Recovery Act ( RCRA) Final Rule Stage Phone: 703 308 7281 Fax: 703 308 8686 Email: cassidy. paul@ epa. gov RIN: 2050   AE86 3333. METHODS INNOVATION RULE Priority: Substantive, Nonsignificant Legal Authority: 42 USC 6905; 42 USC 6912( a); 42 USC 6921; 42 USC 6922; 42 USC 6923; 42 USC 6924; 42 USC 6925; 42 USC 6926; 42 USC 6927; 42 USC 6930; 42 USC 6934; 42 USC 6935; 42 USC 6936; 42 USC 6937; 42 USC 6938; ... CFR Citation: 40 CFR 258; 40 CFR 260; 40 CFR 261; 40 CFR 264; 40 CFR 265; 40 CFR 266; 40 CFR 270; 40 CFR 279 Legal Deadline: None Abstract: EPA's process for releasing analytical methods through the SW 846 methods compendium which support the RCRA program, has been through publishing FR notices and taking public comment. SW 846 methods are widely used, but the majority of the methods are not required by any particular regulation. Therefore, EPA has proposed a streamlined process for releasing analytical methodologies to the public, while also promoting the Performance Base Measurement Approach in the Methods Innovation Proposed Rule ( MIR) ( FAR: 67FR 66252 ( October 30, 2002)). The comment period was extended until February 28, 2003. In addition EPA has been working to break down the barriers that the environmental monitoring community faces when trying to use new monitoring techniques. As a first step, EPA has accelerated its review process for new methods by eliminating several unnecessary internal review steps. However, there are currently 32 citations in title 40 of the Code of Federal Regulations ( CFR) where the use of SW 846 methods is required. As a second step for speeding up the approval process, EPA proposed to remove the requirements to use SW 846 methods for other than method defined parameters ( i. e., where the method defines the regulations, such as the Toxicity Characteristic Leaching Procedure) from 40 CFR. This action will likely lead to an even more streamlined approval process since SW 846 will then be able to be handled strictly as guidance and not need the regulatory process for approval. This additional streamlining will permit new, more cost effective methods to attain public and regulatory authority acceptance in much less time, allowing required monitoring to be done more cheaply, faster and, in some cases, more accurately. The MIR and previous method packages have been exempt from OMB review and SBREFA analysis due the nature of the guidance and it's voluntary use.

Since many advances have occurred in waste sampling strategies since initial guidance was published in 1984, along with the proposal EPA has announced the availability of a new guidance document for public comment entitled, `` RCRA Waste Sampling Draft Technical Guidance.'' One main advantage to releasing the guidance is that the document provides new approaches to waste sampling, with real life examples which we expect will lead to improved ability to characterize waste streams. We believe that the release of this MIR and Waste Sampling Guidance will be widely accepted by the regulated, scientific, and academic community because they provide state of the art approaches for determining hazardous waste and sampling characteristic techniques.

Timetable:

Action Date NPRM 10/ 30/ 02 67 FR 66252 Final Action 10/ 00/ 03 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal, State, Local, Tribal Additional Information: SAN No. 3989 Agency Contact: Kim Kirkland, Environmental Protection Agency, Solid Waste and Emergency Response, 5307W, Washington, DC 20460 Phone: 703 308 0490 Fax: 703 308 0511 Email: kirkland. kim@ epa. gov RIN: 2050   AE41 3334. MUNICIPAL SOLID WASTE LANDFILL LOCATION RESTRICTIONS FOR AIRPORT SAFETY Priority: Info./ Admin./ Other Legal Authority: 42 USC 6902( a); 42 USC 6907; 42 USC 6912( a); 42 USC 6944; 42 USC 6945( c); 42 USC 6949( c)

CFR Citation: 40 CFR 258.10 Legal Deadline: None Abstract: This action would inform owners/ operators of municipal solid waste landfills ( MSWLF) of location restrictions for airport safety contained in the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century ( Ford Act). The Ford Act prohibits the construction or establishment of a new MSWLF within six miles of a public airport ( 1) that has received grants under the Airport and Airway Improvement Act of 1982, as amended, and ( 2) that is primarily designed for 60 passengers or less. MSWLFs in the State of Alaska are exempt. Because new MSWLFs are subject to the statutory location restrictions in addition to regulatory location restrictions currently in effect under 40 CFR 258.10, EPA plans to include this information to prevent confusion regarding applicable location restrictions for MSWLFs for airport safety purposes, as well as to notify affected entities of these statutory restrictions.

Timetable:

Action Date NPRM 07/ 11/ 02 67 FR 45948 Direct Final Rule 07/ 11/ 02 67 FR 45915 Direct Final Withdrawn 10/ 08/ 02 67 FR 62647 Final Action 10/ 00/ 03 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 4575 Sectors Affected: 23 Construction; 5622 Waste Treatment and Disposal; 56221 Waste Treatment and Disposal; 562212 Solid Waste Landfill Agency Contact: Mary T. Moorcones, Environmental Protection Agency, Solid Waste and Emergency Response, 5306W, Washington, DC 20460 Phone: 540 338 1348 Fax: 540 338 5547 Email: moorcones. mary@ epa. gov RIN: 2050   AE91 3335. RESEARCH, DEVELOPMENT, AND DEMONSTRATION PERMITS FOR MUNICIPAL SOLID WASTE LANDFILL Priority: Substantive, Nonsignificant Legal Authority: 42 USC 6907; 42 USC 6912; 42 USC 6944; 42 USC 6949a CFR Citation: 40 CFR 258.4 Legal Deadline: None VerDate May< 05> 2003 14: 34 May 16, 2003 Jkt 200001 PO 00000 Frm 00136 Fmt 1254 Sfmt 1254 D:\ UNIFIED\ PRESSD~ 1\ UA030424. TXT apps41 PsN: UA030424 31077 Federal Register / Vol. 68, No. 101 / Tuesday, May 27, 2003 / Unified Agenda EPA   Resource Conservation and Recovery Act ( RCRA) Final Rule Stage Abstract: EPA is considering adding a new section to the Criteria for Municipal Solid Waste Landfills ( MSWLF) to allow directors of approved states to issue research, development, and demonstration ( RD& D) permits for landfill operations at variance with some parts of the criteria, as long as it is demonstrated that these operations will not result in an increased risk to human health and the environment. Variances for location restrictions, groundwater monitoring, corrective action requirements, the financial assurance criteria, and most operational controls would not be allowed by this action. EPA is considering this alternative to stimulate new technologies and alternatives in the landfilling of municipal solid waste. This additional flexibility will reduce potential costs while providing opportunities for innovative technologies that protect human health and the environment.

Timetable:

Action Date NODA Request for Information and Data 04/ 06/ 00 65 FR 18014 NPRM 06/ 10/ 02 67 FR 39662 Final Action 07/ 00/ 03 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: State, Local Additional Information: SAN No. 4588 Sectors Affected: 562 Waste Management and Remediation Services Agency Contact: Dwight Hlustick, Environmental Protection Agency, Solid Waste and Emergency Response, 5306W, Washington, DC 20460 Phone: 703 308 8647 Fax: 703 308 8686 Email: hlustick. dwight@ epa. gov Deborah Hanlon, Environmental Protection Agency, Solid Waste and Emergency Response, 5306W, Washington, DC 20460 Phone: 703 308 5824 Fax: 703 308 8686 Email: hanlon. deborah@ epa. gov RIN: 2050   AE92 3336. HAZARDOUS WASTE MANIFEST REGULATION Priority: Other Significant Legal Authority: 42 USC 6922 RCRA 3002; 42 USC 6923 RCRA 3003; 42 USC 6924 RCRA 3004; 42 USC 6926 RCRA 3006; PL 105 277; Government Paperwork Elimination Act 17 CFR Citation: 40 CFR 260; 40 CFR 262; 40 CFR 263; 40 CFR 264; 40 CFR 265; 40 CFR 271 Legal Deadline: None Abstract: The Uniform Hazardous Waste Manifest ( Form 8700 22) is a multi copy form used to identify the quantity, composition, origin, routing, and destination of hazardous waste during its transportation. Waste handlers ( e. g., generators and transporters) are required to use the manifest, and States may not require a different manifest in its place. However, the manifest has State blocks which allow States, at their option, to require the entry of additional specific information to serve their State's regulatory needs. Under the current regulations more than 20 states print the manifest form in accordance with the format specified in federal regulations. However, the variability among State manifest programs associated with state optional blocks, different copy distribution schemes, and the manifest hierarchical acquisition scheme has drawn complaints from the regulated community. Variability among States' Manifest programs and the manifest system's current reliance on paper result in significant paperwork and cost burden to waste handlers and States who choose to collect manifest information. The Agency intends to standardize further the manifest form elements, and to specify one format for the manifests that may be used in all states. In addition, the Agency intends to announce standard requirements for tracking rejected wastes, container residues, and international shipments of hazardous wastes. Finally, the Agency intends to pursue an optional approach that would use information technologies to conduct the manifest process electronically, thereby reducing paperwork burden, and improving the speed and accuracy of preparing, transmitting, and recordkeeping the manifest form. However, the Agency will bifurcate the manifest rule so that the form revisions may be expedited, while additional analysis on the emanifest continues.

Timetable:

Action Date NPRM 05/ 22/ 01 66 FR 28240 Final Action 12/ 00/ 03 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal, State Additional Information: SAN No. 3147 Sectors Affected: 2111 Oil and Gas Extraction; 2122 Metal Ore Mining; 2211 Electric Power Generation, Transmission and Distribution; 3221 Pulp, Paper, and Paperboard Mills; 323 Printing and Related Support Activities; 325 Chemical Manufacturing; 326 Plastics and Rubber Products Manufacturing; 331 Primary Metal Manufacturing; 332 Fabricated Metal Product Manufacturing; 482 Rail Transportation; 483 Water Transportation; 484 Truck Transportation; 5621 Waste Collection; 5622 Waste Treatment and Disposal Agency Contact: Rich Lashier, Environmental Protection Agency, Solid Waste and Emergency Response, 5304W, Washington, DC 20460 Phone: 703 308 8796 Fax: 703 308 0522 Email: lashier. rich@ epa. gov Bryan Groce, Environmental Protection Agency, Solid Waste and Emergency Response, 5304W, Washington, DC 20460 Phone: 703 308 8750 Fax: 703 308 0522 Email: groce. bryan@ epamail. epa. gov RIN: 2050   AE21 3337. OFFICE OF SOLID WASTE BURDEN REDUCTION PROJECT Priority: Other Significant Legal Authority: 42 USC 6907; 42 USC 6912( a); 42 USC 6921; 42 USC 6922; 42 USC 6923; 42 USC 6924; 42 USC 6925; 42 USC 6926; 42 USC 6927; 42 USC 6930; 42 USC 6934; 42 USC 6935; 42 USC 6937; 42 USC 6938; 42 USC 6939; ...

CFR Citation: 40 CFR 260.31; 40 CFR 261.4; 40 CFR 261.38; 40 CFR 264.16; 40 CFR 264.52; 40 CFR 264.56; 40 CFR 264.73; 40 CFR 264.98 et seq; 40 CFR 265.16; 40 CFR 265.52; 40 CFR 265.56;

VerDate May< 05> 2003 14: 34 May 16, 2003 Jkt 200001 PO 00000 Frm 00137 Fmt 1254 Sfmt 1254 D:\ UNIFIED\ PRESSD~ 1\ UA030424. TXT apps41 PsN: UA030424 31078 Federal Register / Vol. 68, No. 101 / Tuesday, May 27, 2003 / Unified Agenda EPA   Resource Conservation and Recovery Act ( RCRA) Final Rule Stage 40 CFR 265.73; 40 CFR 265.98 et seq; 40 CFR 266.103; 40 CFR 268.7, 268.9; ... Legal Deadline: None Abstract: EPA plans to reduce the burden imposed by the RCRA reporting and recordkeeping requirements to help meet the Federal Governmentwide goal established by the Paperwork Reduction Act ( PRA). In June 1999, EPA published a Notice of Data Availability ( NODA) in the Federal Register ( 64 FR 32859) to seek comment on a number of burden reduction ideas. After reviewing the comments received on the NODA, EPA proposed ( 67 FR 2518, 1/ 17/ 02) to implement many of these ideas. The proposal was designed to eliminate duplicative and nonessential paperwork. The main ideas for the final rulemaking are: ( 1) eliminating or modifying onethird of the 334 RCRA required notices and reports that are sent by the regulated community to states and EPA; ( 2) eliminating the RCRA emergency response training requirements that overlap with the Occupational Safety and Health Administration requirements; ( 3) eliminating the need for facilities to record personnel descriptions; ( 4) decreasing the owner/ operator self inspection frequency of hazardous waste tanks to weekly; ( 5) providing states and EPA with the opportunity to lengthen owner/ operator self inspection frequencies on a case by case basis for containers, containment buildings, and tanks; ( 6) eliminating the Land Disposal Restrictions generator waste determinations, recycler notifications and certifications, hazardous debris notifications and characteristic waste determinations, and streamlining the characteristic waste notification procedures; and ( 7) modifying the groundwater monitoring requirements for hazardous waste facilities. Burden is the time that a state employee, member of the regulated community, or private citizen spends generating and reporting information to us and keeping records. EPA is responding to the Paperwork Reduction Act by reducing paperwork burden. This rule does not have federalism implications. Because the changes are equivalent to or less stringent than the existing Federal program, States would not be required to adopt and seek authorization for them, which means that the Executive Order 13132 does not apply. Under section 3006 of the Resource Conservation and Recovery Act, federal regulatory requirements may authorize states to administer the RCRA hazardous waste program within the state. This rule may have an annual effect on the economy of $ 100 million or more or adversely affect in the material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities. We calculate the reporting and recordkeeping burden reduction savings for this as 929,000 hours and $ 120 million. We established a workgroup which receives input/ comments on burden from program offices at EPA ( both headquarters and regional), States, the regulated community, and the public on their RCRA reporting and recordkeeping requirements versus the burden they impose. We are considering the following: Reducing the reporting requirements for generators and treatment, storage and disposal facilities ( TSDFs); allowing weekly hazardous waste tank inspections; reducing the burden of RCRA personnel training requirements and eliminating overlaps with Occupational Safety and Health Administration training requirements. We also plan to eliminate and streamline the land disposal restrictions paperwork requirements. States, more specifically facilities and businesses within the States, that regulate and maintain records of their hazardous wastes will be regulated under this rule.

Timetable:

Action Date Notice of Data Availability 06/ 18/ 99 64 FR 32859 NPRM 01/ 17/ 02 67 FR 2518 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. 4084 Sectors Affected: 324 Petroleum and Coal Products Manufacturing; 325 Chemical Manufacturing; 326 Plastics and Rubber Products Manufacturing; 331 Primary Metal Manufacturing; 332 Fabricated Metal Product Manufacturing; 334 Computer and Electronic Product Manufacturing; 562 Waste Management and Remediation Services; 323 Printing and Related Support Activities Agency Contact: Robert Burchard, Environmental Protection Agency, Solid Waste and Emergency Response, 5302W, Washington, DC 20460 Phone: 703 308 8450 Fax: 703 308 8433 Email: burchard. robert@ epa. gov RIN: 2050   AE50 3338. REGULATION OF HAZARDOUS OIL BEARING SECONDARY MATERIALS FROM PETROLEUM REFINING INDUSTRY AND OTHER HAZARDOUS SECONDARY MATERIALS PROCESSED IN A GASIFICATION SYSTEM TO PRODUCE SYNTHESIS GAS Priority: Other Significant Legal Authority: 42 USC 6905; 42 USC 6912( a); 42 USC 6921; 42 USC 6922; 42 USC 6923; 42 USC 6924; 42 USC 6925; 42 USC 6926; 42 USC 6927; 42 USC 6930; 42 USC 6934; 42 USC 6935; 42 USC 6937; 42 USC 6938; 42 USC 6939; ... CFR Citation: 40 CFR 260; 40 CFR 261 Legal Deadline: None Abstract: The U. S. Environmental Protection Agency ( EPA) is considering finalizing revisions to the RCRA hazardous regulations to exclude oilbearing secondary materials, generated by the petroleum refining industry and others, from the definition of solid waste if the materials are destined to be processed in a gasification device manufacturing synthesis gas fuel. We are considering this exclusion in order to clarify and simplify RCRA jurisdiction, and to be consistent with other comparable existing exclusions. Timetable:

Action Date NPRM 03/ 25/ 02 67 FR 13684 Final Action 11/ 00/ 03 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal, State Additional Information: SAN No. 4411 Agency Contact: Elaine Eby, Environmental Protection Agency, Solid Waste and Emergency Response, 5302W, Washington, DC 20460 VerDate May< 05> 2003 14: 34 May 16, 2003 Jkt 200001 PO 00000 Frm 00138 Fmt 1254 Sfmt 1254 D:\ UNIFIED\ PRESSD~ 1\ UA030424. TXT apps41 PsN: UA030424 31079 Federal Register / Vol. 68, No. 101 / Tuesday, May 27, 2003 / Unified Agenda EPA   Resource Conservation and Recovery Act ( RCRA) Final Rule Stage Phone: 703 308 8449 Fax: 703 308 8433 Email: eby. elaine@ epa. gov Rick Brandes, Environmental Protection Agency, Solid Waste and Emergency Response, 5302W, Washington, DC 20460 Phone: 703 308 8871 Fax: 703 308 8433 Email: brandes. william@ epa. gov RIN: 2050   AE78 3339. E CYCLING PILOT PROJECT FOR REGION 3 STATES ( ECOS); STREAMLINING RCRA REGULATIONS TO ENCOURAGE REUSE, RECYCLING, AND RECOVERY OF ELECTRONIC EQUIPMENT Priority: Substantive, Nonsignificant Legal Authority: 42 USC 6905; 42 USC 6912( a); 42 USC 6921; 42 USC 6922; 42 USC 6924( y); 42 USC 6938 CFR Citation: 40 CFR 261.4( a)( 24); 40 CFR 261.40 Legal Deadline: None Abstract: This project is the result of an Environmental Council of States ( ECOS) partnership agreement that EPA Region 3 entered into with the six state environmental agencies. As part of the partnership agreement, the Region agreed to prepare a regional rule and to expedite its promulgation by using the direct final rulemaking process. By using this innovative approach to have a regional e Cycling Pilot Project, EPA Region 3 and the Mid Atlantic States ( DE, DC, MD, PA, VA, WV) will be able to provide additional information about EPA's national proposed cathode ray tube ( CRTs) exclusion from the definition of solid waste ( e. g., CRTs are the video display components of televisions and computer monitors). The Regional e Cycling Pilot Project could serve as a model for electronic recycling nationwide and the states believe that the recycling program will function effectively as a result of this regulatory flexibility. Timetable:

Action Date Direct Final Rule 12/ 26/ 02 67 FR 78718 Withdrawal of Direct Final Rule 02/ 24/ 03 68 FR 8553 Final Action 12/ 00/ 03 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal, State, Local Additional Information: SAN No. 4701 Agency Contact: Charles Howland, Environmental Protection Agency, Regional Office Philadelphia, 3RC00, 3RC00 Phone: 215 814 2645 Fax: 215 814 2783 RIN: 2003   AA00 3340. RECYCLING OF CATHODE RAY TUBES ( CRTS) AND MERCURYCONTAINING EQUIPMENT: CHANGES TO HAZARDOUS WASTE REGULATIONS Priority: Other Significant Legal Authority: 42 USC 6912( a); 42 USC 6921; 42 USC 6922; 42 USC 6923; 42 USC 6924; 42 USC 6925 CFR Citation: 40 CFR 261; 40 CFR 273 Legal Deadline: None Abstract: This action will ultimately revise the existing Federal hazardous waste regulations to encourage recycling and better management of Cathode Ray Tubes ( CRTs) by providing a conditional exclusion from the definition of solid waste for CRTs being recycled. A CRT is the display component of a television or computer monitor. A CRT is made largely of specialized glasses, some of which contain lead to protect the user from X rays inside the CRT. Due to the lead, when they are disposed of or reclaimed, some CRTs are hazardous wastes under the Federal Resource Conservation and Recovery Act ( RCRA) regulations. This rule will also streamline RCRA requirements for managing mercury containing equipment by adding such equipment to the universal waste rule. This rule is planned in response to a June 9, 1998, recommendation on CRT recycling from the Common Sense Initiative ( CSI) Council to the Environmental Protection Agency ( EPA), and in response to a petition from the Utilities Solid Waste Activities Group regarding mercury containing equipment. The goal of this action is to improve management and encourage recycling, thereby minimizing disposal of lead, increasing resource recovery, and enhancing protection of human health and the environment. Timetable:

Action Date NPRM 06/ 12/ 02 67 FR 40507 Final Action 01/ 00/ 04 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal, State, Local, Tribal Additional Information: SAN No. 4092 Sectors Affected: 334411 Electron Tube Manufacturing Agency Contact: Marilyn Goode, Environmental Protection Agency, Solid Waste and Emergency Response, 5304W, Washington, DC 20460 Phone: 703 308 8800 Fax: 703 308 0522 Email: goode. marilyn@ epa. gov RIN: 2050   AE52 3341. PROJECT XL   ORTHO MCNEIL PILOT PROJECT ALLOWING ON SITE TREATMENT OF LOW LEVEL MIXED WASTES WITHOUT RCRA PERMIT Priority: Substantive, Nonsignificant Legal Authority: 42 USC 6905; 42 USC 6912( a); 42 USC 6921; 42 USC 6922; 42 USC 6924( y); 42 USC 6938 CFR Citation: 40 CFR 261 Legal Deadline: None Abstract: This site specific rulemaking would allow Ortho McNeil Pharmaceutical to treat small volumes of low level mixed wastes on site using a bench scale catalytic oxidizing treatment unit. This treatment effectively destroys the organic component of the wastestream, yielding a residual that is only a low level radioactive waste.

Timetable:

Action Date NPRM 07/ 24/ 01 66 FR 38395 Final Action 12/ 00/ 03 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: None Additional Information: SAN No. 4439 Agency Contact: Sandra Panetta, Environmental Protection Agency, Office of the Administrator, 1807, Washington, DC 20460 Phone: 202 566 2184 VerDate May< 05> 2003 14: 34 May 16, 2003 Jkt 200001 PO 00000 Frm 00139 Fmt 1254 Sfmt 1254 D:\ UNIFIED\ PRESSD~ 1\ UA030424. TXT apps41 PsN: UA030424 31080 Federal Register / Vol. 68, No. 101 / Tuesday, May 27, 2003 / Unified Agenda EPA   Resource Conservation and Recovery Act ( RCRA) Final Rule Stage Fax: 202 566 2200 Email: panetta. sandra@ 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   AA14 3342.   AMENDMENT TO PROJECT XL RULEMAKING AND FINAL PROJECT AGREEMENT ( FPA) FOR NEW ENGLAND UNIVERSITIES LABORATORIES Priority: Substantive, Nonsignificant Legal Authority: SWDA sec 1006, 2002, 3001 to 3007, 3010, 7004 as amended by RCRA; 42 USC 6905; 42 USC 6906; 42 USC 6912; 42 USC 6921 to 6927; 42 USC 6930; 42 USC 6937; 42 USC 6938; 42 USC 6974 CFR Citation: 40 CFR 262 Legal Deadline: None Abstract: Under the Project XL program, the EPA is supporting a project for the New England Universities Laboratories in Massachusetts and Vermont. On September 28, 1999, the EPA promulgated a site specific rule to help implement the project. This action would amend the site specific rule by extending the date of compliance. The rule would provide regulatory flexibility under the Resource Conservation and Recovery Act, as amended. It would allow the participating laboratories at the Universities to replace existing hazardous waste determination and satellite accumulation requirements for hazardous waste generators with a comprehensive Laboratory Environmental Management Plan designed for each University. This proposal pertains only to the participating laboratories at the Universities, all other areas of each University would continue to be subject to existing standards and regulations. Part 1: Integrated, Performance Based Environmental Management System: The principal objective of this Laboratory XL Project is to pilot a flexible, performance based system for managing laboratory waste. The management of hazardous chemicals in university laboratories is primarily regulated by two federal statutes: The Occupational Safety and Health Act ( OSHA) and the Resource Conservation and Recovery Act ( RCRA). To achieve this objective, the Universities have developed a three part regulatory model which includes ( 1) a Laboratory Environmental Management Standard which defines the elements for the effective management of laboratory wastes, ( 2) Minimum Performance Criteria for the management of laboratory wastes and ( 3) the development of a Laboratory Environmental Management Plan which is a documented description of how each University will conform to the Laboratory Environmental Management Standard and the Minimum Performance Criteria. Part 2: Clarification of Treatment in Tanks and Containers Rule. A second objective of this project is to clarify, by the use of specific treatment protocols, certain activities which constitute exempt treatment of hazardous waste in tanks and containers under current RCRA regulations.

Timetable:

Action Date Direct Final Rule 06/ 00/ 03 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: State Additional Information: SAN No. 4238 Agency Contact: George Frantz, Environmental Protection Agency, Office of the Administrator, SPP, Boston, MA 02114 2023 Phone: 617 918 1883 Fax: 617 918 1809 Email: frantz. george@ epamail. epa. gov Lisa Reiter, Environmental Protection Agency, Office of the Administrator, 1807T, Washington, DC 20460 Phone: 202 566 2185 Fax: 202 566 2118 Email: reiter. lisa@ epamail. epa. gov RIN: 2090   AA32 Environmental Protection Agency ( EPA) Long Term Actions Resource Conservation and Recovery Act ( RCRA)

3343. STANDARDS FOR THE MANAGEMENT OF COAL COMBUSTION WASTES GENERATED BY COMMERCIAL ELECTRIC POWER PRODUCERS Priority: Economically Significant. Major status under 5 USC 801 is undetermined.

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

Legal Authority: 42 USC 6907( a)( 3); 42 USC 6944( a)

CFR Citation: 40 CFR 257 Legal Deadline: None Abstract: This action is for the development of non hazardous waste regulations under subtitle D of the RCRA statute. The regulations will apply to landfill and surface impoundment facilities that manage coal combustion wastes generated by steam electric power generators, i. e., electric utilities and independent power producers. This action results from EPA's regulatory determination for fossil fuel combustion wastes ( see 65 FR 32214, May 22, 2000), which concluded that waste management regulations under RCRA are appropriate for certain coal combustion wastes. The utility industry has made significant improvement in its waste management practices over recent years, and most state regulatory programs are similarly improving. However, public comment and other analyses have convinced the Agency that coal combustion wastes could pose significant risks to human health and the environment if they are not properly managed. There is sufficient evidence that adequate controls may not be in place. For example, 62 percent of existing utility impoundments do not have groundwater monitoring; thus, their impact on ground and surface waters cannot be evaluated in light of numerous damage cases identified by the Agency that involve management of these wastes. The intended benefits of this action will be to prevent contamination or damage to ground waters and surface waters, thereby avoiding risk to human health and the VerDate May< 05> 2003 14: 34 May 16, 2003 Jkt 200001 PO 00000 Frm 00140 Fmt 1254 Sfmt 1254 D:\ UNIFIED\ PRESSD~ 1\ UA030424. TXT apps41 PsN: UA030424 31081 Federal Register / Vol. 68, No. 101 / Tuesday, May 27, 2003 / Unified Agenda EPA   Resource Conservation and Recovery Act ( RCRA) Long Term Actions environment, including ecological risks. The Agency is currently analyzing the human health and eco risks, costs, and economic impact of this action as it develops the proposed regulation. The Agency has considered alternatives to this action, including regulating these wastes as hazardous wastes under subtitle C of RCRA, but has rejected this approach as discussed in the regulatory determination ( see 65 FR 32214, May 22, 2000). EPA has also considered issuing guidance instead of regulations to industry and state and local governments to focus on these remaining waste management issues but concluded that there will probably continue to be some gaps in practices and controls and is concerned at the possibility that these will go undressed. The Agency also believes the timeframe for improvement of current practices is likely to be longer in the absence of federal regulation.

Timetable:

Action Date NPRM 08/ 00/ 04 Regulatory Flexibility Analysis Required: No Small Entities Affected: No Government Levels Affected: Federal, State, Local, Tribal Federalism: Undetermined Additional Information: SAN No. 4470 Sectors Affected: 221112 Fossil Fuel Electric Power Generation Agency Contact: Dennis Ruddy, Environmental Protection Agency, Solid Waste and Emergency Response, 5306W, Washington, DC 20460 Phone: 703 308 8430 Fax: 703 308 8686 Email: ruddy. dennis@ epa. gov RIN: 2050   AE81 3344. STANDARDS FOR THE MANAGEMENT OF COAL COMBUSTION WASTES   NONPOWER PRODUCERS AND MINEFILLING Priority: Economically Significant. Major status under 5 USC 801 is undetermined.

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

Legal Authority: 42 USC 6907( a)( 3); 42 USC 6944 CFR Citation: 40 CFR 257 Legal Deadline: None Abstract: This action is for the development of non hazardous waste regulations under subtitle D of the RCRA statute. The regulations will apply to landfill and surface impoundment facilities that manage coal combustion wastes generated by non utility combustors. Non utility combustors are commercial, industrial, and institutional facilities that burn coal in boilers to generate steam. The regulations will also apply to mine facilities where any coal combustion wastes are managed, ( i. e., backfilled into mined areas). This action results from EPA's regulatory determination for fossil fuel combustion wastes ( see 65 FR 32214, May 22, 2000), in which the Agency concluded that coal combustion wastes could pose significant risks to human health and the environment if they are not properly managed. As described in the regulatory determination, there is sufficient evidence that adequate controls may not be in place. The intended benefits of this action will be to prevent contamination or damage to ground waters and surface waters, thereby avoiding risk to human health and the environment, including ecological risks. The Agency has completed information collection efforts and is currently analyzing this information. The Agency will also analyze the human health and eco risks, costs, and economic impact of this action as it develops the proposed regulations. The Agency has considered alternatives to this action, including regulating these wastes as hazardous wastes under subtitle C of RCRA, but has rejected this approach as discussed in the regulatory determination ( see 65 FR 32214, May 22, 2000). EPA has also considered issuing guidance to industry and state and local governments to focus on the waste management issues but concluded that there will probably continue to be some gaps in practices and controls and is concerned at the possibility that these will go undressed. The Agency is considering alternatives to regulation of mine placement under RCRA per this action, including consulting with the U. S. Department of the Interior on appropriate measures under the Surface Mining Control and Reclamation Act ( SMCRA) or some combination of both SMCRA and RCRA. Timetable:

Action Date NPRM 08/ 00/ 04 Regulatory Flexibility Analysis Required: Undetermined Government Levels Affected: Federal, State, Local, Tribal Federalism: Undetermined Additional Information: SAN No. 4469 Sectors Affected: 311 Food Manufacturing; 313 Textile Mills; 337 Furniture and Related Product Manufacturing; 2121 Coal Mining; 322 Paper Manufacturing; 325 Chemical Manufacturing; 331 Primary Metal Manufacturing; 336 Transportation Equipment Manufacturing; 62 Health Care and Social Assistance; 22112 Electric Power Transmission, Control and Distribution Agency Contact: Dennis Ruddy, Environmental Protection Agency, Solid Waste and Emergency Response, 5306W, Washington, DC 20460 Phone: 703 308 8430 Fax: 703 308 8686 Email: ruddy. dennis@ epa. gov RIN: 2050   AE83 3345. RCRA BURDEN REDUCTION INITIATIVE, PHASE 2 Priority: Other Significant Legal Authority: 42 USC 6907; 42 USC 6912( a); 42 USC 6921 to 6927; 42 USC 6930; 42 USC 6934; 42 USC 6935; 42 USC 6937 to 6939; 42 USC 6944; 42 USC 6949( a); 42 USC 6974; PL 104 13 CFR Citation: 40 CFR 260.31; 40 CFR 261.4; 40 CFR 261.38; 40 CFR 264.16; 40 CFR 264.52; 40 CFR 264.56; 40 CFR 264.73; 40 CFR 264.98 et seq; 40 CFR 265.16; 40 CFR 265.52; 40 CFR 265.56; 40 CFR 265.73; 40 CFR 265.98 et seq; 40 CFR 266.103; 40 CFR 268.7, 268.9; ...