
[Federal Register Volume 78, Number 141 (Tuesday, July 23, 2013)]
[Unknown Section]
[Pages 44315-44323]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-17068]



[[Page 44315]]

Vol. 78

Tuesday,

No. 141

July 23, 2013

Part XVI





Environmental Protection Agency





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Semiannual Regulatory Agenda

  Federal Register / Vol. 78, No. 141 / Tuesday, July 23, 2013 / 
Unified Agenda  

[[Page 44316]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Ch. I

[EPA-HQ-OAR-2012-0313; EPA-HQ-OW-2012-0813; EPA-HQ-OAR-2012-0816; FRL 
9808-7]


Spring 2013 Regulatory Agenda

AGENCY: Environmental Protection Agency.

ACTION: Semiannual regulatory flexibility agenda and semiannual 
regulatory agenda.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) publishes the 
semiannual regulatory agenda online (the e-Agenda) at http://www.reginfo.gov and at www.regulations.gov to update the public about:
     Regulations and major policies currently under 
development,
     Reviews of existing regulations and major policies, and
     Rules and major policymakings completed or canceled since 
the last agenda.

Definitions

    ``E-Agenda,'' ``online regulatory agenda,'' and ``semiannual 
regulatory agenda'' all refer to the same comprehensive collection of 
information that, until 2007, was published in the Federal Register but 
now is only available through an online database.
    ``Regulatory Flexibility Agenda'' refers to a document that 
contains information about regulations that may have a significant 
impact on a substantial number of small entities. We continue to 
publish it in the Federal Register because it is required by the 
Regulatory Flexibility Act of 1980.
    ``Unified Regulatory Agenda'' refers to the collection of all 
agencies' agendas with an introduction prepared by the Regulatory 
Information Service Center facilitated by the General Services 
Administration.
    ``Regulatory Agenda Preamble'' refers to the document you are 
reading now. It appears as part of the Regulatory Flexibility Agenda 
and introduces both the Regulatory Flexibility Agenda and the e-Agenda.
    ``Regulatory Development and Retrospective Review Tracker'' refers 
to an online portal to EPA's priority rules and retrospective reviews 
of existing regulations. More information about the Regulatory 
Development and Retrospective Review Tracker appears in section H of 
this preamble.

FOR FURTHER INFORMATION CONTACT: If you have questions or comments 
about a particular action, please get in touch with the agency contact 
listed in each agenda entry. If you have general questions about the 
semiannual regulatory agenda, please contact: Caryn Muellerleile 
(muellerleile.caryn@epa.gov; 202-564-2855).

Table of Contents

A. Links to EPA's Regulatory Information
B. What key statutes and Executive Orders guide EPA's rule and 
policymaking process?
C. How can you be involved in EPA's rule and policymaking process?
D. What actions are included in the E-Agenda and the Regulatory 
Agenda?
E. How Is the E-Agenda organized?
F. What information is in the Regulatory Flexibility Agenda and the 
E-Agenda?
G. How can you find out about rulemakings that start up after the 
Regulatory Agenda is signed?
H. What tools are available for mining Regulatory Agenda data and 
for finding more about EPA rules and policies?
I. Reviews of Rules With Significant Impacts on a Substantial Number 
of Small Entities
J. What other special attention does EPA give to the impacts of 
rules on small businesses, small governments, and small nonprofit 
organizations?
K. Thank You for Collaborating With Us

SUPPLEMENTARY INFORMATION:

A. Links To EPA's Regulatory Information

 Semiannual Regulatory Agenda: www.reginfo.gov and 
www.regulations.gov
 Semiannual Regulatory Flexibility Agenda: http://www.gpo.gov/fdsys/search/home.action
 Regulatory Development and Retrospective Review Tracker: 
www.epa.gov/regdarrt

B. What key statutes and Executive Orders guide EPA's rule and 
policymaking process?

    A number of environmental laws authorize EPA's actions, including 
but not limited to:
     Clean Air Act (CAA),
     Clean Water Act (CWA),
     Comprehensive Environmental Response, Compensation, and 
Liability Act (CERCLA, or Superfund),
     Emergency Planning and Community Right-to-Know Act 
(EPCRA),
     Federal Insecticide, Fungicide, and Rodenticide Act 
(FIFRA),
     Resource Conservation and Recovery Act (RCRA),
     Safe Drinking Water Act (SDWA), and
     Toxic Substances Control Act (TSCA).
    Not only must EPA comply with environmental laws, but also 
administrative legal requirements that apply to the issuance of 
regulations, such as: the Administrative Procedure Act (APA), the 
Regulatory Flexibility Act (RFA) as amended by the Small Business 
Regulatory Enforcement Fairness Act (SBREFA), the Unfunded Mandates 
Reform Act (UMRA), the Paperwork Reduction Act (PRA), the National 
Technology Transfer and Advancement Act (NTTAA), and the Congressional 
Review Act (CRA).
    EPA also meets a number of requirements contained in numerous 
executive orders: 12866, ``Regulatory Planning and Review'' (58 FR 
51735, Oct. 4, 1993), as supplemented by Executive Order 13563, 
``Improving Regulation and Regulatory Review'' (76 FR 3821, Jan. 21, 
2011); 12898, ``Environmental Justice'' (59 FR 7629, Feb. 16, 1994); 
13045, ``Children's Health Protection'' (62 FR 19885, Apr. 23, 1997); 
13132, ``Federalism'' (64 FR 43255, Aug. 10, 1999); 13175, 
``Consultation and Coordination with Indian Tribal Governments'' (65 FR 
67249, Nov. 9, 2000); 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 
28355, May 22, 2001).
    In addition to meeting its mission goals and priorities as 
described above, EPA has begun reviewing its existing regulations under 
Executive Order (EO) 13563, ``Improving Regulation and Regulatory 
Review.'' This EO provides for periodic retrospective review of 
existing significant regulations and is intended to determine whether 
any such regulations should be modified, streamlined, expanded, or 
repealed, so as to make the Agency's regulatory program more effective 
or less burdensome in achieving the regulatory objectives. More 
information about this review is described in EPA's Statement of 
Priorities in the Regulatory Plan.

C. How can you be involved in EPA's rule and policymaking process?

    You can make your voice heard by getting in touch with the contact 
person provided in each agenda entry. EPA encourages you to participate 
as early in the process as possible. You may also participate by 
commenting on proposed rules published in the Federal Register (FR).
    Instructions on how to submit your comments are provided in each 
Notice of Proposed Rulemaking (NPRM). To be most effective, comments 
should contain information and data that support your position and you 
also should explain why EPA should

[[Page 44317]]

incorporate your suggestion in the rule or other type of action. You 
can be particularly helpful and persuasive if you provide examples to 
illustrate your concerns and offer specific alternatives.
    EPA believes its actions will be more cost effective and protective 
if the development process includes stakeholders working with us to 
help identify the most practical and effective solutions to problems. 
EPA encourages you to become involved in its rule and policymaking 
process. For more information about public involvement in EPA 
activities, please visit www.epa.gov/open.

D. What Actions Are Included in the E-Agenda and the Regulatory 
Flexibility Agenda?

    EPA includes regulations and certain major policy documents in the 
e-Agenda. However, there is no legal significance to the omission of an 
item from the agenda, and EPA generally does not include the following 
categories of actions:
     Administrative actions such as delegations of authority, 
changes of address, or phone numbers;
     Under the CAA: Revisions to State implementation plans, 
equivalent methods for ambient air quality monitoring, deletions from 
the new source performance standards source categories list, 
delegations of authority to States, area designations for air quality 
planning purposes;
     Under FIFRA: Registration-related decisions, actions 
affecting the status of currently registered pesticides, and data call-
ins;
     Under the Federal Food, Drug, and Cosmetic Act: Actions 
regarding pesticide tolerances and food additive regulations;
     Under RCRA: Authorization of State solid waste management 
plans, hazardous waste delisting petitions;
     Under the CWA: State Water Quality Standards, deletions 
from the section 307(a) list of toxic pollutants, suspensions of toxic 
testing requirements under the National Pollutant Discharge Elimination 
System (NPDES), delegations of NPDES authority to States;
     Under SDWA: Actions on State underground injection control 
programs.
    The Regulatory Flexibility Agenda includes:
     Actions likely to have a significant economic impact on a 
substantial number of small entities,
     Rules the Agency has identified for periodic review under 
section 610 of the RFA.
    EPA is conducting one 610 review in spring 2013 and concluding two 
others.

E. How is the E-Agenda organized?

    You can choose how to organize the agenda entries online by 
specifying the characteristics of the entries of interest in the 
desired individual data fields for both the www.reginfo.gov and 
www.regulations.gov versions of the e-Agenda. You can sort based on the 
following characteristics: EPA subagency; stage of rulemaking, which is 
explained below; alphabetically by title; and by the Regulation 
Identifier Number (RIN), which is assigned sequentially when an action 
is added to the agenda.
    Each entry in the agenda is associated with one of five rulemaking 
stages. The rulemaking stages are:
    1. Prerule Stage--This section includes EPA actions generally 
intended to determine whether the agency should initiate rulemaking. 
Prerulemakings may include anything that influences or leads to 
rulemaking, such as Advance Notices of Proposed Rulemaking (ANPRMs), 
studies or analyses of the possible need for regulatory action.
    2. Proposed Rule Stage--This section includes EPA rulemaking 
actions that are within a year of proposal (publication of Notices of 
Proposed Rulemakings [NPRMs]).
    3. Final Rule Stage--This section includes rules that will be 
issued as a final rule within a year.
    4. Long-Term Actions--This section includes rulemakings for which 
the next scheduled regulatory action is after July 2014. We urge you to 
explore becoming involved even if an action is listed in the Long-Term 
category. By the time an action is listed in the Proposed Rules 
category you may have missed the opportunity to participate in certain 
public meetings or policy dialogues.
    5. Completed Actions--This section contains actions that have been 
promulgated and published in the Federal Register since publication of 
the fall 2012 Agenda. It also includes actions that EPA is no longer 
considering and has elected to ``withdraw.'' EPA also announces the 
results of any RFA section 610 review in this section of the agenda.

F. What information is in the Regulatory Flexibility Agenda and the E-
Agenda?

    The Regulatory Flexibility Agenda entries include only the nine 
categories of information that are required by the Regulatory 
Flexibility Act of 1980 and by Federal Register agenda printing 
requirements: Sequence Number, RIN, Title, Description, Statutory 
Authority, Section 610 Review, if applicable, Regulatory Flexibility 
Analysis Required, Schedule, and Contact Person. Note that the 
electronic version of the Agenda (E-Agenda) has more extensive 
information on each of these actions.
    E-Agenda entries include:
    Title: A brief description of the subject of the regulation. The 
notation ``Section 610 Review'' follows the title if we are reviewing 
the rule as part of our periodic review of existing rules under section 
610 of the RFA (5 U.S.C. 610).
    Priority: Entries are placed into one of five categories described 
below.
    a. Economically Significant: Under Executive Order 12866, a 
rulemaking that may have an annual effect on the economy of $100 
million or more, or adversely affect in a material way the economy, a 
sector of the economy, productivity, competition, jobs, the 
environment, public health or safety, or State, local, or tribal 
governments or communities.
    b. Other Significant: A rulemaking that is not economically 
significant but is considered significant for other reasons. This 
category includes rules that may:
    1. Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    2. Materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs, or the rights and obligations of 
recipients; or
    3. Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles in Executive 
Order 12866.
    c. Substantive, Nonsignificant: A rulemaking that has substantive 
impacts but is not Significant, Routine and Frequent, or Informational/
Administrative/Other.
    d. Routine and Frequent: A rulemaking that is a specific case of a 
recurring application of a regulatory program in the Code of Federal 
Regulations (e.g., certain State Implementation Plans, National 
Priority List updates, Significant New Use Rules, State Hazardous Waste 
Management Program actions, and Tolerance Exemptions). If an action 
that would normally be classified Routine and Frequent is reviewed by 
the Office of Management and Budget under Executive Order 12866, then 
we would classify the action as either ``Economically Significant'' or 
``Other Significant.''
    e. Informational/Administrative/Other: An action that is primarily 
informational or pertains to an action

[[Page 44318]]

outside the scope of Executive Order 12866.
    Major: A rule is ``major'' under 5 U.S.C. 801 (Pub. L. 104-121) if 
it has resulted or is likely to result in an annual effect on the 
economy of $100 million or more or meets other criteria specified in 
that Act.
    Unfunded Mandates: Whether the rule is covered by section 202 of 
the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4). The Act 
requires that, before issuing an NPRM likely to result in a mandate 
that may result in expenditures by State, local, and tribal 
governments, in the aggregate, or by the private sector of more than 
$100 million in 1 year.
    Legal Authority: The sections of the United States Code (U.S.C.), 
Public Law (Pub. L.), Executive Order (Executive Order), or common name 
of the law that authorizes the regulatory action.
    CFR Citation: The sections of the Code of Federal Regulations that 
would be affected by the action.
    Legal Deadline: An indication of whether the rule is subject to a 
statutory or judicial deadline, the date of that deadline, and whether 
the deadline pertains to a Notice of Proposed Rulemaking, a Final 
Action, or some other action.
    Abstract: A brief description of the problem the action will 
address.
    Timetable: The dates and citations (if available) for all past 
steps and a projected date for at least the next step for the 
regulatory action. A date displayed in the form 12/00/13 means the 
agency is predicting the month and year the action will take place but 
not the day it will occur. For some entries, the timetable indicates 
that the date of the next action is ``to be determined.''
    Regulatory Flexibility Analysis Required: Indicates whether EPA has 
prepared or anticipates that it will be preparing a regulatory 
flexibility analysis under section 603 or 604 of the RFA. Generally, 
such an analysis is required for proposed or final rules subject to the 
RFA that EPA believes may have a significant economic impact on a 
substantial number of small entities.
    Small Entities Affected: Indicates whether the rule is anticipated 
to have any effect on small businesses, small governments, or small 
nonprofit organizations.
    Government Levels Affected: Indicates whether the rule may have any 
effect on levels of government and, if so, whether the governments are 
State, local, tribal, or Federal.
    Federalism Implications: Indicates whether the action is expected 
to have substantial direct effects on the States, on the relationship 
between the National Government and the States, or on the distribution 
of power and responsibilities among the various levels of government.
    Energy Impacts: Indicates whether the action is a significant 
energy action under Executive Order 13211.
    Sectors Affected: Indicates the main economic sectors regulated by 
the action. The regulated parties are identified by their North 
American Industry Classification System (NAICS) codes. These codes were 
created by the Census Bureau for collecting, analyzing, and publishing 
statistical data on the U.S. economy. There are more than 1,000 NAICS 
codes for sectors in agriculture, mining, manufacturing, services, and 
public administration.
    International Trade Impacts: Indicates whether the action is likely 
to have international trade or investment effects, or otherwise be of 
international interest.
    Agency Contact: The name, address, phone number, and email address, 
if available, of a person who is knowledgeable about the regulation.
    Additional Information: Other information about the action 
including docket information.
    URLs: For some actions, the Internet addresses are included for 
reading copies of rulemaking documents, submitting comments on 
proposals, and getting more information about the rulemaking and the 
program of which it is a part. (Note: To submit comments on proposals, 
you can go to the associated electronic docket, which is housed at 
www.regulations.gov. Once there, follow the online instructions to 
access the docket in question and submit comments. A docket 
identification [ID] number will assist in the search for materials.)
    RIN: The Regulation Identifier Number is used by OMB to identify 
and track rulemakings. The first four digits of the RIN identify the 
EPA office with lead responsibility for developing the action.

G. How can you find out about rulemakings that start up after the 
Regulatory Agenda is signed?

    EPA posts monthly information of new rulemakings that the Agency's 
senior managers have decided to develop. This list is also distributed 
via email. You can find the current list, known as the Action 
Initiation List (AIL), at http://www2.epa.gov/laws-regulations/actions-initiated-month where you will also find information about how to get 
an email notification when a new list is posted.

H. What tools are available for mining Regulatory Agenda data and for 
finding more about EPA rules and policies?

1. The http://www.reginfo.gov Searchable Database

    The Regulatory Information Service Center and Office of Information 
and Regulatory Affairs have a Federal regulatory dashboard that allows 
users to view the Regulatory Agenda database (http://www.reginfo.gov/public/do/eAgendaMain), which includes search, display, and data 
transmission options.

2. Subject Matter EPA Web Sites

    Some actions listed in the Agenda include a URL that provides 
additional information about the action.

3. Public Dockets

    When EPA publishes either an Advance Notice of Proposed Rulemaking 
(ANPRM) or a Notice of Proposed Rulemaking (NPRM) in the Federal 
Register, the Agency typically establishes a docket to accumulate 
materials throughout the development process for that rulemaking. The 
docket serves as the repository for the collection of documents or 
information related to a particular Agency action or activity. EPA most 
commonly uses dockets for rulemaking actions, but dockets may also be 
used for RFA section 610 reviews of rules with significant economic 
impacts on a substantial number of small entities and for various non-
rulemaking activities, such as Federal Register documents seeking 
public comments on draft guidance, policy statements, information 
collection requests under the PRA, and other non-rule activities. 
Docket information should be in that action's agenda entry. All of 
EPA's public dockets can be located at www.regulations.gov.

4. EPA's Regulatory Development and Retrospective Review Tracker

    EPA's Regulatory Development and Retrospective Review Tracker 
(www.epa.gov/regdarrt) serves as a portal to EPA's priority rules, 
providing you with earlier and more frequently updated information 
about Agency regulations than is provided by the Regulatory Agenda. It 
also provides information about retrospective reviews of existing 
regulations. Not all of EPA's Regulatory Agenda entries appear on Reg 
DaRRT; only priority rulemakings can be found on this Web site.

[[Page 44319]]

I. Reviews of Rules With Significant Impacts on a Substantial Number of 
Small Entities

    Section 610 of the RFA requires that an agency review, within 10 
years of promulgation, each rule that has or will have a significant 
economic impact on a substantial number of small entities. EPA is 
conducting two 610 reviews in spring 2013 and is concluding one other.

----------------------------------------------------------------------------------------------------------------
                Review title                         RIN                       Docket ID 
----------------------------------------------------------------------------------------------------------------
Section 610 Review of National Pollutant             2040-AF46  EPA-HQ-OW-2012-0813
 Discharge Elimination System Permit
 Regulation and Effluent Limitations
 Guidelines Standards for Concentrated
 Animal Feeding Operations.
Section 610 Review of Heavy-Duty Engine and          2060-AR83  EPA-HQ-OAR-2012-0313
 Vehicle Standards and Highway Diesel Fuel
 Sulfur Control Requirements.
Section 610 Review of 610 Review of National         2060-AR84  EPA-HQ-OAR-2012-0816
 Emissions Standards for Hazardous Air
 Pollutants (NESHAP): Reinforced Plastic
 Composites Production (Completed).
----------------------------------------------------------------------------------------------------------------

    EPA established an official public docket for the 610 Review under 
the docket identification (ID) numbers indicated above. All documents 
in the dockets are listed on the www.regulations.gov Web site. Although 
listed in the index, some information is not publicly available; e.g., 
confidential business information (CBI) or other information whose 
disclosure is restricted by statute. Certain other material, such as 
copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically through 
www.regulations.gov or in hard copy at the Air or Water dockets, EPA/
DC, EPA West, Room 3334, 1301 Constitution Avenue NW., Washington, DC 
20460. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., 
Monday through Friday, excluding legal holidays. The telephone number 
for the Public Reading Room is (202) 566-1744.

J. What other special attention does EPA give to the impacts of rules 
on small businesses, small governments, and small nonprofit 
organizations?

    For each of EPA's rulemakings, consideration is given whether there 
will be any adverse impact on any small entity. EPA attempts to fit the 
regulatory requirements, to the extent feasible, to the scale of the 
businesses, organizations, and governmental jurisdictions subject to 
the regulation.
    Under RFA as amended by SBREFA, the Agency must prepare a formal 
analysis of the potential negative impacts on small entities, convene a 
Small Business Advocacy Review Panel (proposed rule stage), and prepare 
a Small Entity Compliance Guide (final rule stage) unless the Agency 
certifies a rule will not have a significant economic impact on a 
substantial number of small entities. For more detailed information 
about the Agency's policy and practice with respect to implementing 
RFA/SBREFA, please visit the RFA/SBREFA Web site at http://www.epa.gov/sbrefa.
    For a list of the rules under development for which a Regulatory 
Flexibility Analysis may be required, go to http://www.regulations.gov/public/component/main?main=UnifiedAgenda and click on ``Regulatory 
Flexibility Analysis--Required'' toward the bottom of the page.

K. Thank You for Collaborating With Us

    Finally, we would like to thank those of you who choose to join 
with us in making progress on the complex issues involved in protecting 
human health and the environment. Collaborative efforts such as EPA's 
open rulemaking process are a valuable tool for addressing the problems 
we face, and the regulatory agenda is an important part of that 
process.

    Dated: April 24, 2013.
Shannon Kenny,
Principal Deputy Associate Administrator, Office of Policy.

                            10--Prerule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
236.......................  Section 610 Review of              2060-AR83
                             Heavy-Duty Engine and
                             Vehicle Standards and
                             Highway Diesel Fuel
                             Sulfur Control
                             Requirements (Section 610
                             Review).
------------------------------------------------------------------------


                         10--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
237.......................  SAN No. 5367 National              2060-AP69
                             Emission Standards for
                             Hazardous Air Pollutants
                             (NESHAP): Brick and
                             Structural Clay Products
                             Manufacturing and Clay
                             Ceramics Manufacturing.
238.......................  Standards of Performance           2060-AP93
                             for New Residential Wood
                             Heaters, New Residential
                             Hydronic Heaters and
                             Forced-Air Furnaces, and
                             New Residential Masonry
                             Heaters.
239.......................  Control of Air Pollution           2060-AQ86
                             From Motor Vehicles: Tier
                             3 Motor Vehicle Emission
                             and Fuel Standards.
------------------------------------------------------------------------


[[Page 44320]]


                          10--Completed Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
240.......................  Section 610 Review of              2060-AR84
                             National Emissions
                             Standards for Hazardous
                             Air Pollutants (NESHAP):
                             Reinforced Plastic
                             Composites Production
                             (Completion of a Section
                             610 Review).
------------------------------------------------------------------------


                          35--Long-Term Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
241.......................  Formaldehyde Emissions             2070-AJ92
                             Standards for Composite
                             Wood Products.
------------------------------------------------------------------------


                         60--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
242.......................  Financial Responsibility           2050-AG61
                             Requirements Under CERCLA
                             Section 108(b) for
                             Classes of Facilities in
                             the Hard Rock Mining
                             Industry.
------------------------------------------------------------------------


                            70--Prerule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
243.......................  Section 610 Review of              2040-AF46
                             National Pollutant
                             Discharge Elimination
                             System Permit Regulation
                             and Effluent Limitations
                             Guidelines Standards for
                             Concentrated Animal
                             Feeding Operations
                             (Section 610 Review).
------------------------------------------------------------------------


ENVIRONMENTAL PROTECTION AGENCY (EPA)

10

Prerule Stage

236.  Section 610 Review of Heavy-Duty Engine and Vehicle 
Standards and Highway Diesel Fuel Sulfur Control Requirements (Section 
610 Review)

    Legal Authority: 5 U.S.C. 610
    Abstract: On January 18, 2001, EPA established new exhaust emission 
standards for heavy-duty highway engines and vehicles, and new quality 
standards for highway diesel fuel (66 FR 5002). Pursuant to section 610 
of the Regulatory Flexibility Act, on October 31, 2012, EPA initiated a 
review of this rule to determine if the provisions as they relate to 
small entities should be continued without change, or should be 
rescinded or amended to minimize adverse economic impacts on small 
entities (77 FR 65840). EPA has solicited comments on, the following 
factors: (1) The continued need for the rule; (2) the nature of 
complaints or comments received from the public concerning the rule; 
(3) the complexity of the rule; (4) the extent to which the rule 
overlaps, duplicates, or conflicts with other Federal, State, or local 
government rules; and (5) the degree to which technology, economic 
conditions, or other factors have changed in the area affected by the 
rule. The current heavy-duty engine and fuel standards program provided 
substantial flexibility for refiners, especially small refiners, and 
for manufacturers of engines and vehicles, and does not warrant 
revision at this time. The results of the EPA's review will be 
summarized in a report and placed in the rulemaking docket at the 
conclusion of this review. This review's Docket ID number is EPA-HQ-
OAR-2012-0313; the docket can be accessed at www.regulations.gov.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Final Rule..........................   01/18/01  66 FR 5002
Begin Review........................   10/31/12  77 FR 65840
End Review..........................   10/00/13
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Agency Contact: Tad Wysor, Environmental Protection Agency, Air and 
Radiation, USEPA, Ann Arbor, MI 48105, Phone: 734 214-4332, Fax: 734 
214-4816, Email: wysor.tad@epamail.epa.gov.
    RIN: 2060-AR83

ENVIRONMENTAL PROTECTION AGENCY (EPA)

10

Proposed Rule Stage

237. National Emission Standards for Hazardous Air Pollutants (NESHAP): 
Brick and Structural Clay Products Manufacturing and Clay Ceramics 
Manufacturing

    Legal Authority: Not Yet Determined
    Abstract: This rulemaking will establish emission limits for 
hazardous air pollutants (HF, HCl, and metals) emitted from brick and 
clay ceramics kilns, as well as dryers and glazing operations at clay 
ceramics production facilities. The brick and structural clay products 
industry primarily includes facilities that manufacture brick, clay, 
pipe, roof tile, extruded floor and wall tile, and other extruded 
dimensional clay products from clay, shale, or a combination of the 
two. The manufacturing of brick and structural clay products involves 
mining, raw material processing (crushing, grinding, and screening), 
mixing, forming, cutting or shaping, drying, and firing. Ceramics are 
defined as a class of inorganic, nonmetallic solids that are subject to 
high temperature in manufacture and/or use. The clay ceramics 
manufacturing source category includes facilities that manufacture 
traditional ceramics, which include ceramic tile, dinnerware,

[[Page 44321]]

sanitary ware, pottery, and porcelain. The primary raw material used in 
the manufacture of these traditional ceramics is clay. The 
manufacturing of clay ceramics involves raw material processing 
(crushing, grinding, and screening), mixing, forming, shaping, drying, 
glazing, and firing.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   02/00/14
Final Rule..........................   12/00/14
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Jeff Telander, Environmental Protection Agency, Air 
and Radiation, D243-02, Research Triangle Park, NC 27711, Phone: 919 
541-5427, Fax: 919 541-5600, Email: telander.jeff@epamail.epa.gov.
    Keith Barnett, Environmental Protection Agency, Air and Radiation, 
D243-04, Research Triangle Park, NC 27711, Phone: 919 541-5605, Fax: 
919 541-5450, Email: barnett.keith@epa.gov.
    RIN: 2060-AP69

238. Standards of Performance for New Residential Wood Heaters, New 
Residential Hydronic Heaters and Forced-Air Furnaces, and New 
Residential Masonry Heaters

    Legal Authority: CAA sec 111(b)(1)(B)
    Abstract: EPA is revising the New Source Performance Standards 
(NSPS) for new residential wood heaters. This action is necessary 
because it updates the 1988 NSPS to reflect significant advancements in 
wood heater technologies and design, broadens the range of residential 
wood-heating appliances covered by the regulation, and improves and 
streamlines implementation procedures. This rule is expected to require 
manufacturers to redesign wood heaters to be cleaner and lower 
emitting. In general, the design changes would also make the heaters 
perform better and be more efficient. The revisions are also expected 
to streamline the process for testing new model lines by allowing the 
use of International Standards Organization (ISO)-accredited 
laboratories and certifying bodies, which will expand the number of 
facilities that can be used for testing and certification of the new 
model lines. This action is expected to include the following new 
residential wood-heating appliances: Adjustable burn rate wood heaters, 
pellet stoves, single burn rate wood heaters, outdoor hydronic heaters 
(outdoor wood boilers), indoor hydronic heaters (indoor wood boilers), 
wood-fired forced air furnaces, and masonry heaters.
    These standards would apply only to new residential wood heaters 
and not to existing residential wood-heating appliances.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   09/00/13
Final Rule..........................   11/00/14
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Gil Wood, Environmental Protection Agency, Air and 
Radiation, C404-05, Research Triangle Park, NC 27711, Phone: 919 541-
5272, Fax: 919 541-0242, Email: wood.gil@epa.gov.
    David Cole, Environmental Protection Agency, Air and Radiation, 
C404-05, Research Triangle Park, NC 27711, Phone: 919 541-5565, Fax: 
919 541-0242, Email: cole.david@epa.gov.
    RIN: 2060-AP93

239. Control of Air Pollution From Motor Vehicles: Tier 3 Motor Vehicle 
Emission and Fuel Standards

    Legal Authority: CAA 202(a) and 211(v); Clean Air Act 211(k)
    Abstract: This action would establish more stringent vehicle 
emissions standards and reduce the sulfur content of gasoline as part 
of a systems approach to addressing the impacts of motor vehicles and 
fuels on air quality and public health. The rule would result in 
significant reductions in pollutants such as ozone, particulate matter, 
and air toxics across the country and help State and local agencies in 
their efforts to attain and maintain health-based National Ambient Air 
Quality Standards. These proposed vehicle standards are intended to 
harmonize with California's Low Emission Vehicle program, thus creating 
a federal vehicle emissions program that would allow automakers to sell 
the same vehicles in all 50 states. The vehicle standards would also 
coordinate with the light-duty vehicle greenhouse gas standards for 
model years 2017-2025, creating a nationwide alignment of vehicle 
programs for criteria pollutant and greenhouse gases.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   05/21/13  78 FR 29815
NPRM Comment Period End.............   07/01/13
Final Rule..........................   12/00/13
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Catherine Yanca, Environmental Protection Agency, 
Air and Radiation, NVFEL S87, Ann Arbor, MI 48105, Phone: 734 214-4769, 
Email: yanca.catherine@epamail.epa.gov.
    Kathryn Sargeant, Environmental Protection Agency, Air and 
Radiation, NVFEL S77, Ann Arbor, MI 48105, Phone: 734 214-4441, Email: 
sargeant.kathryn@epamail.epa.gov.
    RIN: 2060-AQ86

ENVIRONMENTAL PROTECTION AGENCY (EPA)

10

Completed Actions

240.  Section 610 Review of National Emissions Standards for 
Hazardous Air Pollutants (NESHAP): Reinforced Plastic Composites 
Production (Completion of a Section 610 Review)

    Legal Authority: 5 U.S.C. 610
    Abstract: On April 21, 2003, EPA promulgated NESHAP for reinforced 
plastic composites production (68 FR 19375). Pursuant to section 610 of 
the Regulatory Flexibility Act, on October 31, 2012, EPA initiated a 
review of this rule to determine if the provisions as they relate to 
small entities should be continued without change, or should be 
rescinded or amended to minimize adverse economic impacts on small 
entities (77 FR 65840). EPA has solicited comments on, the following 
factors: (1) The continued need for the rule; (2) the nature of 
complaints or comments received from the public concerning the rule; 
(3) the complexity of the rule; (4) the extent to which the rule 
overlaps, duplicates, or conflicts with other Federal, State, or local 
government rules; and (5) the degree to which technology, economic 
conditions, or other factors have changed in the area affected by the 
rule. The current reinforced plastic composites rule provides for HAP 
reductions without undue burden on small entities, and does not warrant 
revision at this time. See EPA's report summarizing the results of this 
review in the docket EPA-HQ-OAR-2012-0816. This docket can be accessed 
at www.regulations.gov.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Final Rule..........................   04/21/03  68 FR 19375
Begin Review........................   10/31/12  77 FR 65840
End Review..........................   04/18/13  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Agency Contact: Kim Teal, Environmental Protection Agency, Air

[[Page 44322]]

and Radiation, D243-04, Research Triangle Park, NC 27711, Phone: 919 
541-5580, Fax: 919 541-5450, Email: teal.kim@epamail.epa.gov.
    Keith Barnett, Environmental Protection Agency, Air and Radiation, 
D243-04, Research Triangle Park, NC 27711, Phone: 919 541-5605, Fax: 
919 541-5450, Email: barnett.keith@epa.gov.
    RIN: 2060-AR84

ENVIRONMENTAL PROTECTION AGENCY (EPA)

35

Long-Term Actions

241. Formaldehyde Emissions Standards for Composite Wood Products

    Legal Authority: 15 U.S.C. 2697; TSCA sec 601
    Abstract: On July 7, 2010, the Formaldehyde Standards for Composite 
Wood Products Act was enacted. This law amends TSCA to establish 
specific formaldehyde emission limits for hardwood plywood, 
particleboard, and medium-density fiberboard, which limits are 
identical to the California emission limits for these products. The law 
further requires EPA to promulgate implementing regulations and this 
rulemaking will address the mandate to promulgate regulations to 
implement the statutory formaldehyde emission standards for hardwood 
plywood, medium-density fiberboard, and particleboard sold, supplied, 
offered for sale, or manufactured (including imported) in the United 
States. As directed by the statute, EPA will also consider provisions 
relating to, among other things, laminated products, products made with 
no added formaldehyde resins, testing requirements, product labeling, 
chain of custody documentation and other recordkeeping requirements, 
and product inventory sell-through provisions. A separate Regulatory 
Agenda entry (RIN 2070-AJ44) covers the mandate for EPA to promulgate 
regulations to address requirements for accrediting bodies and third-
party certifiers.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   06/10/13  78 FR 34820
NPRM Comment Period End.............   08/09/13  .......................
                                     -----------------------------------
Final Rule..........................           To Be Determined
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Cindy Wheeler, Environmental Protection Agency, 
Office of Chemical Safety and Pollution Prevention, 7404T, Washington, 
DC 20460, Phone: 202 566-0484, Email: wheeler.cindy@epa.gov.
    Lynn Vendinello, Environmental Protection Agency, Office of 
Chemical Safety and Pollution Prevention, 7404T, Washington, DC 20460, 
Phone: 202 566-0514, Email: vendinello.lynn@epa.gov.
    RIN: 2070-AJ92

ENVIRONMENTAL PROTECTION AGENCY (EPA)

60

Proposed Rule Stage

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

    Legal Authority: 42 U.S.C. 9601 et seq.; 42 U.S.C. 9608(b)
    Abstract: Section 108(b) of the Comprehensive Environmental 
Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, 
establishes certain authorities concerning financial responsibility 
requirements. The Agency has identified classes of facilities within 
the hard rock mining industry as those for which financial 
responsibility requirements will be first developed. EPA intends to 
include requirements for financial responsibility, as well as 
notification and implementation.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Notice..............................   07/28/09  74 FR 37213
NPRM................................   05/00/14  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Ben Lesser, Environmental Protection Agency, Solid 
Waste and Emergency Response, 5302P, Washington, DC 20460, Phone: 703 
308-0314, Email: lesser.ben@epa.gov.
    David Hockey, Environmental Protection Agency, Solid Waste and 
Emergency Response, 5303P, Washington, DC 20460, Phone: 703 308-8846, 
Email: hockey.david@epa.gov.
    RIN: 2050-AG61

ENVIRONMENTAL PROTECTION AGENCY (EPA)

70

Prerule Stage

243.  Section 610 Review of National Pollutant Discharge 
Elimination System Permit Regulation and Effluent Limitations 
Guidelines Standards for Concentrated Animal Feeding Operations 
(Section 610 Review)

    Legal Authority: 5 U.S.C. 610
    Abstract: The EPA promulgated revised regulations for Concentrated 
Animal Feeding Operations (CAFOs) on February 12, 2003 (68 FR 7175). 
The ``2003 CAFO Rule'' expanded the number of operations covered by the 
CAFO regulations and included requirements to address the land 
application of manure from CAFOs. The 2003 CAFO Rule required all CAFOs 
to seek NPDES permit coverage. The EPA developed a Final Regulatory 
Flexibility Analysis (FRFA) for the 2003 CAFO Rule. The EPA took 
several steps to minimize the impacts of the 2003 CAFO Rule on small 
businesses, including regulatory revisions designed to focus on the 
largest producers, eliminating the ``mixed'' animal calculation for 
operations with more than a single animal type for determining which 
Animal Feeding Operations (AFOs) are CAFOs, raising the duck threshold 
for dry manure handling duck operations, and adopting a dry-litter 
chicken threshold higher than proposed. There have been a number of 
changes to the 2003 regulations due to court decisions based on legal 
challenges to the rulemaking, however, this action only pertains to the 
2003 rule. Pursuant to section 610 of the Regulatory Flexibility Act, 
on October 31, 2012, the EPA initiated a review of the 2003 CAFO rule 
to determine if the provisions as they relate to small entities should 
be continued without change, or should be rescinded or amended to 
minimize adverse economic impacts on small entities (77 FR 65840). The 
EPA has solicited comments on, and will consider, the following 
factors: (1) The continued need for the rule; (2) the nature of 
complaints or comments received from the public concerning the rule; 
(3) the complexity of the rule; (4) the extent to which the rule 
overlaps, duplicates, or conflicts with other Federal, State, or local 
government rules; and (5) the degree to which technology, economic 
conditions, or other factors have changed in the area affected by the 
rule. After publication, the EPA received requests for additional time 
to submit comments and extended the public comment period until March

[[Page 44323]]

1, 2013 (78 FR 277). The results of the EPA's review will be summarized 
in a report and placed in the rulemaking docket at the conclusion of 
this review. This review's Docket ID number is EPA-HQ-OW-2012-0813; the 
docket can be accessed at www.regulations.gov.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Final Rule..........................   02/12/03  68 FR 7176
Begin Review........................   10/31/12  77 FR 65840
Comment Period Extended.............   01/03/13  78 FR 277
End Review..........................   10/00/13  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Agency Contact: Hema Subramanian, Environmental Protection Agency, 
Water, 4203M, Washington, DC 20460, Phone: 202 564-5041, Fax: 202 564-
6384, Email: subramanian.hema@epa.gov.
    RIN: 2040-AF46

[FR Doc. 2013-17068 Filed 7-22-13; 8:45 am]
BILLING CODE 6560-50-P


