80 FR 35082 - Spring 2015 Regulatory Agenda

ENVIRONMENTAL PROTECTION AGENCY
General Services Administration

Federal Register Volume 80, Issue 117 (June 18, 2015)

Page Range		35082-35089
FR Document		2015-14368

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: <bullet> Regulations currently under development, <bullet> Reviews of existing regulations, and <bullet> Rules completed or canceled since the last agenda.

Federal Register, Volume 80 Issue 117 (Thursday, June 18, 2015)

[Federal Register Volume 80, Number 117 (Thursday, June 18, 2015)]
[Unknown Section]
[Pages 35082-35089]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2015-14368]

[[Page 35081]]

Vol. 80

Thursday,

No. 117

June 18, 2015

Part XIV

Environmental Protection Agency

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Unified Agenda

Federal Register / Vol. 80 , No. 117 / Thursday, June 18, 2015 /
Unified Agenda

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Ch. I

[FRL 9924-87-OP]

Spring 2015 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 currently under development,
Reviews of existing regulations, and
Rules completed or canceled since the last agenda.

Definitions

``E-Agenda,'' ``online regulatory agenda,'' and ``semiannual
regulatory agenda'' all refer to the same comprehensive collection of
information that, until 2007, was published in the Federal Register but
now is only available through an online database.
``Regulatory Flexibility Agenda'' refers to a document that
contains information about regulations that may have a significant
impact on a substantial number of small entities. We continue to
publish it in the Federal Register because it is required by the
Regulatory Flexibility Act of 1980.
``Unified Regulatory Agenda'' refers to the collection of all
agencies' agendas with an introduction prepared by the Regulatory
Information Service Center facilitated by the General 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.thefederalregister.org/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 continues to review its existing regulations under
Executive Order (E.O.) 13563, ``Improving Regulation and Regulatory
Review.'' This E.O. 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, to make the Agency's regulatory program more effective or
less burdensome in achieving the regulatory objectives.

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

You can make your voice heard by getting in touch with the contact
person provided in each agenda entry. EPA encourages you to participate
as early in the process as possible. You may also participate by
commenting on proposed rules published in the Federal Register (FR).
Instructions on how to submit your comments are provided in each
Notice of Proposed Rulemaking (NPRM). To be most effective, comments
should contain information and data that support your position, and you
also should explain why EPA should incorporate your suggestion in the
rule or other type of action. You can be particularly helpful and
persuasive if you provide examples to illustrate your concerns and
offer specific alternatives.
EPA believes its actions will be more cost effective and protective
if the

[[Page 35083]]

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 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 has no reviews under section 610 of the RFA at this time.

E. How is the E-Agenda organized?

You can choose how to organize the agenda entries online by
specifying the characteristics of the entries of interest in the
desired individual data fields for both the www.reginfo.gov and
www.regulations.gov versions of the e-Agenda. You can sort based on the
following characteristics: EPA subagency; stage of rulemaking, which is
explained below; alphabetically by title; and by the Regulation
Identifier Number (RIN), which is assigned sequentially when an action
is added to the agenda.
Each entry in the Agenda is associated with one of five rulemaking
stages. The rulemaking stages are:
1. Prerule Stage--This section includes EPA actions generally
intended to determine whether the agency should initiate rulemaking.
Prerulemakings may include anything that influences or leads to
rulemaking, such as Advance Notices of Proposed Rulemaking (ANPRMs),
studies or analyses of the possible need for regulatory action.
2. Proposed Rule Stage--This section includes EPA rulemaking
actions that are within a year of proposal (publication of Notices of
Proposed Rulemakings [NPRMs]).
3. Final Rule Stage--This section includes rules that will be
issued as a final rule within a year.
4. Long-Term Actions--This section includes rulemakings for which
the next scheduled regulatory action is after May 2016. 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 2014 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 EO 12866, then we would
classify the action as either ``Economically Significant'' or ``Other
Significant.''
e. Informational/Administrative/Other: An action that is primarily
informational or pertains to an action outside the scope of EO 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

[[Page 35084]]

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 (EO), or common name of the law
that authorizes the regulatory action.
CFR Citation: The sections of the Code of Federal Regulations that
would be affected by the action.
Legal Deadline: An indication of whether the rule is subject to a
statutory or judicial deadline, the date of that deadline, and whether
the deadline pertains to a Notice of Proposed Rulemaking, a Final
Action, or some other action.
Abstract: A brief description of the problem the action will
address.
Timetable: The dates and citations (if available) for all past
steps and a projected date for at least the next step for the
regulatory action. A date displayed in the form ``10/00/16'' means the
agency is predicting the month and year the action will take place but
not the day it will occur. For some entries, the timetable indicates
that the date of the next action is ``to be determined.''
Regulatory Flexibility Analysis Required: Indicates whether EPA has
prepared or anticipates that it will be preparing a regulatory
flexibility analysis under section 603 or 604 of the RFA. Generally,
such an analysis is required for proposed or final rules subject to the
RFA that EPA believes may have a significant economic impact on a
substantial number of small entities.
Small Entities Affected: Indicates whether the rule is anticipated
to have any effect on small businesses, small governments or small
nonprofit organizations.
Government Levels Affected: Indicates whether the rule may have any
effect on levels of government and, if so, whether the governments are
State, local, tribal, or Federal.
Federalism Implications: Indicates whether the action is expected
to have substantial direct effects on the States, on the relationship
between the National Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
Energy Impacts: Indicates whether the action is a significant
energy action under EO 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,
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 developed. You can find the current list, known as
the Action Initiation List; at http://www2.epa.gov/laws-regulations/actions-initiated-month where you will also find information about how
to get receive notification when a new list is posted.

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

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

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

2. Subject Matter EPA Web Sites

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

3. Public Dockets

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

4. EPA's Regulatory Development and Retrospective Review Tracker

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

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

Section 610 of the RFA requires that an agency review, within 10
years of promulgation, each rule that has or will have a significant
economic impact on a substantial number of small entities. EPA has no
610 reviews at this time. Anticipated future 610 reviews can be viewed
at http://www.epa.gov/rfa/section-610.html.

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

[[Page 35085]]

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 the 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/.

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: March 16, 2015.
Shannon Kenny,
Principal Deputy Associate Administrator, Office of Policy.

10--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
211....................... Greenhouse Gas Emissions 2060-AS16
and Fuel Efficiency
Standards for Medium- and
Heavy-Duty Engines and
Vehicles--Phase 2.
------------------------------------------------------------------------

10--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
212....................... NESHAP for Brick and 2060-AP69
Structural Clay Products
Manufacturing and NESHAP
for Clay Ceramics
Manufacturing.
213....................... General Permits and 2060-AR98
Permits by Rule for the
Tribal Minor New Source
Review Program.
------------------------------------------------------------------------

10--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
214....................... Standards of Performance 2060-AP93
for New Residential Wood
Heaters and New
Residential Hydronic
Heaters and Forced-Air
Furnaces.
------------------------------------------------------------------------

35--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
215....................... Formaldehyde Emissions 2070-AJ92
Standards for Composite
Wood Products.
------------------------------------------------------------------------

60--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
216....................... Financial Responsibility 2050-AG61
Requirements Under CERCLA
Section 108(b) for
Classes of Facilities in
the Hard Rock Mining
Industry.
------------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY (EPA)

Proposed Rule Stage

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

Legal Authority: 42 U.S.C. 7401 et seq. Clean Air Act
Abstract: During the President's second term, the Environmental
Protection Agency (EPA) and the Department of Transportation, in close
coordination with the California Air Resources Board, will develop a
comprehensive National Program for Medium- and Heavy-Duty Vehicle
Greenhouse Gas Emission and Fuel Efficiency Standards for model years
beyond 2018. These second sets of standards would further reduce
greenhouse gas emissions and fuel consumption from a wide range of on-
road vehicles from semi-trucks to the largest pickup trucks and vans,
and all types and sizes of work trucks and buses. This action will be
in continued response to the President's directive to take coordinated
steps to produce a new generation of clean vehicles. This action
follows the first ever Greenhouse Gas Emissions Standards and Fuel
Efficiency Standards for Medium- and Heavy-Duty Engines and Vehicles
(75 FR September 15, 2011).

[[Page 35086]]

Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 06/00/15
Final Rule.......................... 01/00/17
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Matt Spears, Environmental Protection Agency, Air
and Radiation, Mail Code: ASD1, Ann Arbor, MI 48105, Phone: 734 214-
4921, Fax: 734 214-4816, Email: spears.mattew@epa.gov.
Charles Moulis, Environmental Protection Agency, Air and Radiation,
NFEVL, Ann Arbor, MI 48105, Phone: 734 214-4826.
RIN: 2060-AS16

ENVIRONMENTAL PROTECTION AGENCY (EPA)

Final Rule Stage

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

Legal Authority: 42 U.S.C. 7401 et seq.et seq. Clean Air Act
Abstract: This final rulemaking will establish emission limits for
hazardous air pollutants (hydrogen flouride (HF), hydrogen chloride
(HCl), chlorine (Cl2), PM, dioxin/furan, Hg and metals) emitted from
brick and clay ceramics kilns, as well as dryers and glazing operations
at clay ceramics production facilities. The brick and structural clay
products industry primarily includes facilities that manufacture brick,
clay, pipe, roof tile, extruded floor and wall tile, and other extruded
dimensional clay products from clay, shale, or a combination of the
two. The manufacturing of brick and structural clay products involves
mining, raw material processing (crushing, grinding, and screening),
mixing, forming, cutting or shaping, drying, and firing. Ceramics are
defined as a class of inorganic, nonmetallic solids that are subject to
high temperature in manufacture and/or use. The clay ceramics
manufacturing source category includes facilities that manufacture
traditional ceramics, which include ceramic tile, dinnerware, sanitary
ware, pottery, and porcelain. The primary raw material used in the
manufacture of these traditional ceramics is clay. The manufacturing of
clay ceramics involves raw material processing (crushing, grinding, and
screening), mixing, forming, shaping, drying, glazing, and firing.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Sharon Nizich, Environmental Protection Agency, Air
and Radiation, D243, Research Triangle Park, NC 27711, Phone: 919 541-
2825, Fax: 919 541-5450, Email: nizich.sharon@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

213. General Permits and Permits by Rule for the Tribal Minor New
Source Review Program

Legal Authority: 42 U.S.C. 7401 et seq. Clean Air Act
Abstract: The Tribal Minor New Source Review (NSR) program applies
to new and modified minor sources and minor modifications at major
sources of air pollution in Indian Country. The program, established in
2011, is implemented through issuance of preconstruction permits that
can include, among other requirements, pollutant emission limits for
minor sources and emission limitations on the potential of sources to
emit pollution that would otherwise be considered major sources. This
minor source program for Indian Country is similar to State minor NSR
programs. State minor NSR programs often use general permits, and a few
State programs allow permits by rule as streamlined permitting
approaches for similar emission units or stationary sources. This
action finalizes general permits and permits by rule for certain source
categories of minor sources wishing to locate in Indian Country. This
action finalizes general permits for the following five source
categories: boilers, spark ignition engines, compression ignition
engines, concrete batch plants, and sawmills. This action finalizes a
general permit (and a permit by rule in the alternative) for graphic
arts and printing operations.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Chris Stoneman, Environmental Protection Agency,
Air and Radiation, C304-01, Research Triangle Park, NC 27711, Phone:
919 541-0823, Fax: 919 541-0072, Email: stoneman.chris@epa.gov.
Mark Sendzik, Environmental Protection Agency, Air and Radiation,
C-304.03, Research Triangle Park, NC 27711, Phone: 919 541-5534, Fax:
919 541-0942, Email: sendzik.mark@epa.gov.
RIN: 2060-AR98

ENVIRONMENTAL PROTECTION AGENCY (EPA)

Completed Actions

214. Standards of Performance for New Residential Wood Heaters and New
Residential Hydronic Heaters and Forced-Air Furnaces

Legal Authority: 42 U.S.C. 7401 et seq.
Abstract: On February 3, 2015, EPA signed a final rule that made
revisions to the New Source Performance Standards (NSPS) for new
residential wood heaters. This action 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 requires 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 will
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 includes 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 apply only to

[[Page 35087]]

new residential wood heaters and not to existing residential wood-
heating appliances.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 02/03/14 79 FR 6329
Notice.............................. 07/01/14 79 FR 37259
Final Rule.......................... 03/16/15 80 FR 13671
Final Action Effective.............. 05/15/15
------------------------------------------------------------------------

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

ENVIRONMENTAL PROTECTION AGENCY (EPA)

Final Rule Stage

215. Formaldehyde Emissions Standards for Composite Wood Products

Legal Authority: 15 U.S.C. 2697 Toxic Substances Control Act
Abstract: The EPA is developing a final rule under the Formaldehyde
Standards for Composite Wood Products Act that was enacted in 2010 as
title VI of Toxic Substances Control Act (TSCA), 15 U.S.C. 2697, and
requires that the EPA promulgate implementing regulations 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. In
2013, the EPA proposed regulations to implement emissions standards
established by TSCA title VI for composite wood products sold,
supplied, offered for sale, or manufactured in the United States.
Pursuant to TSCA section 3(7), the definition of ``manufacture''
includes import. As required by title VI, these regulations apply to
hardwood plywood, medium-density fiberboard, and particleboard. TSCA
title VI also directs EPA to promulgate supplementary provisions to
ensure compliance with the emissions standards, including provisions
related to labeling; chain of custody requirements; sell-through
provisions; ULEF resins; no-added formaldehyde-based resins; finished
goods; third-party testing and certification; auditing and reporting of
third-party certifiers; recordkeeping; enforcement; laminated products;
and exceptions from the requirements of regulations promulgated
pursuant to this subsection for products and components containing de
minimis amounts of composite wood products. A separate Regulatory
Agenda entry (RIN 2070-AJ44) addresses requirements for accrediting
bodies and third-party certifiers. EPA may decide to issue a single
final rule to promulgate the final requirements related to both
proposed rules.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 06/10/13 78 FR 34820
NPRM Comment Period Extended........ 07/23/13 78 FR 44089
NPRM Comment Period Extended........ 08/21/13 78 FR 51695
Notice.............................. 04/08/14 79 FR 19305
NPRM Comment Period Extended........ 05/09/14 79 FR 26678
Final Rule.......................... 11/00/15
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Cindy Wheeler, Environmental Protection Agency,
Office of Chemical Safety and Pollution Prevention, 7404T, Washington,
DC 20460, Phone: 202 566-0484, Email: wheeler.cindy@epa.gov.
Lynn Vendinello, Environmental Protection Agency, Office of
Chemical Safety and Pollution Prevention, 7404T, Washington, DC 20460,
Phone: 202 566-0514, Fax: 202 564-0473, Email: vendinello.lynn@epa.gov.
RIN: 2070-AJ92

ENVIRONMENTAL PROTECTION AGENCY (EPA)

Long-Term Actions

216. 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; 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................................ 08/00/16
------------------------------------------------------------------------

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.
Barbara Foster, Environmental Protection Agency, Solid Waste and
Emergency Response, 5304P, Washington, DC 20460, Phone: 703 308-7057,
Email: foster.barbara@epamail.epa.gov.
RIN: 2050-AG61

[FR Doc. 2015-14368 Filed 6-17-15; 8:45 am]
BILLING CODE 6560-50-P

Federal Register / Vol. 80, No. 117 / Thursday, June 18, 2015 / Unified Agenda 35083

development process includes www.regulations.gov versions of the e- ‘‘Section 610 Review’’ follows the title
stakeholders working with us to help Agenda. You can sort based on the if we are reviewing the rule as part of
identify the most practical and effective following characteristics: EPA our periodic review of existing rules
solutions to problems. EPA encourages subagency; stage of rulemaking, which under section 610 of the RFA (5 U.S.C.
you to become involved in its rule and is explained below; alphabetically by 610).
policymaking process. For more title; and by the Regulation Identifier Priority: Entries are placed into one of
information about public involvement Number (RIN), which is assigned five categories described below.
in EPA activities, please visit sequentially when an action is added to a. Economically Significant: Under
www.epa.gov/open. the agenda. Executive Order 12866, a rulemaking
Each entry in the Agenda is associated that may have an annual effect on the
D. What actions are included in the E- with one of five rulemaking stages. The economy of $100 million or more, or
Agenda and the Regulatory Flexibility rulemaking stages are: adversely affect in a material way the
Agenda? 1. Prerule Stage—This section economy, a sector of the economy,
EPA includes regulations in the e- includes EPA actions generally intended productivity, competition, jobs, the
Agenda. However, there is no legal to determine whether the agency should environment, public health or safety, or
significance to the omission of an item initiate rulemaking. Prerulemakings State, local, or tribal governments or
from the agenda, and EPA generally may include anything that influences or communities.
does not include the following leads to rulemaking, such as Advance b. Other Significant: A rulemaking
categories of actions: Notices of Proposed Rulemaking that is not economically significant but
• Administrative actions such as (ANPRMs), studies or analyses of the is considered significant for other
delegations of authority, changes of possible need for regulatory action. reasons. This category includes rules
address, or phone numbers; 2. Proposed Rule Stage—This section that may:
• Under the CAA: Revisions to state includes EPA rulemaking actions that 1. Create a serious inconsistency or
implementation plans; equivalent are within a year of proposal otherwise interfere with an action taken
methods for ambient air quality (publication of Notices of Proposed or planned by another agency;
monitoring; deletions from the new Rulemakings [NPRMs]). 2. Materially alter the budgetary
source performance standards source 3. Final Rule Stage—This section impact of entitlements, grants, user fees,
categories list; delegations of authority includes rules that will be issued as a or loan programs, or the rights and
to states; area designations for air final rule within a year. obligations of recipients; or
quality planning purposes; 4. Long-Term Actions—This section 3. Raise novel legal or policy issues
• Under FIFRA: Registration-related includes rulemakings for which the next arising out of legal mandates, the
decisions, actions affecting the status of scheduled regulatory action is after May President’s priorities, or the principles
currently registered pesticides, and data 2016. We urge you to explore becoming in Executive Order 12866.
call-ins; involved even if an action is listed in c. Substantive, Nonsignificant: A
• Under the Federal Food, Drug, and the Long-Term category. By the time an rulemaking that has substantive impacts
Cosmetic Act: Actions regarding action is listed in the Proposed Rules but is not Significant, Routine and
pesticide tolerances and food additive category, you may have missed the Frequent, or Informational/
regulations; opportunity to participate in certain Administrative/Other.
• Under RCRA: Authorization of State public meetings or policy dialogues. d. Routine and Frequent: A
solid waste management plans; 5. Completed Actions—This section rulemaking that is a specific case of a
hazardous waste delisting petitions; contains actions that have been recurring application of a regulatory
• Under the CWA: State Water promulgated and published in the program in the Code of Federal
Quality Standards; deletions from the Federal Register since publication of Regulations (e.g., certain State
section 307(a) list of toxic pollutants; the fall 2014 Agenda. It also includes Implementation Plans, National Priority
suspensions of toxic testing actions that EPA is no longer List updates, Significant New Use Rules,
requirements under the National considering and has elected to State Hazardous Waste Management
Pollutant Discharge Elimination System ‘‘withdraw.’’ EPA also announces the Program actions, and Tolerance
(NPDES); delegations of NPDES results of any RFA section 610 review Exemptions). If an action that would
authority to States; in this section of the agenda. normally be classified Routine and
• Under SDWA: Actions on State Frequent is reviewed by the Office of
F. What information is in the Management and Budget under EO
underground injection control
Regulatory Flexibility Agenda and the 12866, then we would classify the
programs.
The Regulatory Flexibility Agenda E-Agenda? action as either ‘‘Economically
includes: The Regulatory Flexibility Agenda Significant’’ or ‘‘Other Significant.’’
• Actions likely to have a significant entries include only the nine categories e. Informational/Administrative/
economic impact on a substantial of information that are required by the Other: An action that is primarily
number of small entities. Regulatory Flexibility Act of 1980 and informational or pertains to an action
• Rules the Agency has identified for by Federal Register Agenda printing outside the scope of EO 12866.
periodic review under section 610 of the requirements: Sequence Number, RIN, Major: a rule is ‘‘major’’ under 5
RFA. Title, Description, Statutory Authority, U.S.C. 801 (Pub. L. 104–121) if it has
EPA has no reviews under section 610 Section 610 Review (if applicable), resulted or is likely to result in an
tkelley on DSK3SPTVN1PROD with PROPOSALS 14

of the RFA at this time. Regulatory Flexibility Analysis annual effect on the economy of $100
Required, Schedule and Contact Person. million or more or meets other criteria
E. How is the E-Agenda organized? specified in that Act.
Note that the electronic version of the
You can choose how to organize the Agenda (E-agenda) has more extensive Unfunded Mandates: whether the rule
agenda entries online by specifying the information on each of these actions. is covered by section 202 of the
characteristics of the entries of interest E-Agenda entries include: Unfunded Mandates Reform Act of 1995
in the desired individual data fields for Title: A brief description of the (Pub. L. 104–4). The Act requires that,
both the www.reginfo.gov and subject of the regulation. The notation before issuing an NPRM likely to result

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Federal Register / Vol. 80, No. 117 / Thursday, June 18, 2015 / Unified Agenda 35087

new residential wood heaters and not to supplied, offered for sale, or Safety and Pollution Prevention, 7404T,
existing residential wood-heating manufactured in the United States. Washington, DC 20460, Phone: 202 566–
appliances. Pursuant to TSCA section 3(7), the 0514, Fax: 202 564–0473, Email:
Timetable: definition of ‘‘manufacture’’ includes vendinello.lynn@epa.gov.
import. As required by title VI, these RIN: 2070–AJ92
Action Date FR Cite regulations apply to hardwood
plywood, medium-density fiberboard,
NPRM .................. 02/03/14 79 FR 6329
and particleboard. TSCA title VI also
Notice .................. 07/01/14 79 FR 37259 ENVIRONMENTAL PROTECTION
Final Rule ............ 03/16/15 80 FR 13671 directs EPA to promulgate
AGENCY (EPA)
Final Action Effec- 05/15/15 supplementary provisions to ensure
tive. compliance with the emissions 60
standards, including provisions related
Long-Term Actions
Regulatory Flexibility Analysis to labeling; chain of custody
Required: Yes. requirements; sell-through provisions; 216. Financial Responsibility
Agency Contact: Gil Wood, ULEF resins; no-added formaldehyde- Requirements Under CERCLA Section
Environmental Protection Agency, Air based resins; finished goods; third-party 108(B) for Classes of Facilities in the
and Radiation, C404–05, Research testing and certification; auditing and Hard Rock Mining Industry
Triangle Park, NC 27711, Phone: 919 reporting of third-party certifiers; Legal Authority: 42 U.S.C. 9601; 42
541–5272, Fax: 919 541–0242, Email: recordkeeping; enforcement; laminated U.S.C. 9608(b)
wood.gil@epa.gov. products; and exceptions from the Abstract: Section 108(b) of the
David Cole, Environmental Protection requirements of regulations Comprehensive Environmental
Agency, Air and Radiation, C404–05, promulgated pursuant to this subsection Response, Compensation, and Liability
Research Triangle Park, NC 27711, for products and components containing Act (CERCLA) of 1980, as amended,
Phone: 919 541–5565, Fax: 919 541– de minimis amounts of composite wood establishes certain authorities
0242, Email: cole.david@epa.gov. products. A separate Regulatory Agenda concerning financial responsibility
RIN: 2060–AP93 entry (RIN 2070–AJ44) addresses requirements. The Agency has
requirements for accrediting bodies and identified classes of facilities within the
third-party certifiers. EPA may decide to hard rock mining industry as those for
ENVIRONMENTAL PROTECTION issue a single final rule to promulgate which financial responsibility
AGENCY (EPA) the final requirements related to both requirements will be first developed.
proposed rules. EPA intends to include requirements for
35 Timetable:
financial responsibility, as well as
Final Rule Stage Action Date FR Cite notification and implementation.
Timetable:
215. Formaldehyde Emissions
Standards for Composite Wood NPRM .................. 06/10/13 78 FR 34820
NPRM Comment 07/23/13 78 FR 44089 Action Date FR Cite
Products Period Ex-
Legal Authority: 15 U.S.C. 2697 Toxic tended. Notice .................. 07/28/09 74 FR 37213
Substances Control Act NPRM Comment 08/21/13 78 FR 51695 NPRM .................. 08/00/16
Abstract: The EPA is developing a Period Ex-
final rule under the Formaldehyde tended. Regulatory Flexibility Analysis
Standards for Composite Wood Products Notice .................. 04/08/14 79 FR 19305 Required: Yes.
NPRM Comment 05/09/14 79 FR 26678 Agency Contact: Ben Lesser,
Act that was enacted in 2010 as title VI Period Ex-
of Toxic Substances Control Act Environmental Protection Agency, Solid
tended. Waste and Emergency Response, 5302P,
(TSCA), 15 U.S.C. 2697, and requires Final Rule ............ 11/00/15
that the EPA promulgate implementing Washington, DC 20460, Phone: 703 308–
regulations to establish specific Regulatory Flexibility Analysis 0314, Email: lesser.ben@epa.gov.
formaldehyde emission limits for Required: Yes. Barbara Foster, Environmental
hardwood plywood, particleboard, and Agency Contact: Cindy Wheeler, Protection Agency, Solid Waste and
medium-density fiberboard, which Environmental Protection Agency, Emergency Response, 5304P,
limits are identical to the California Office of Chemical Safety and Pollution Washington, DC 20460, Phone: 703 308–
emission limits for these products. In Prevention, 7404T, Washington, DC 7057, Email: foster.barbara@
2013, the EPA proposed regulations to 20460, Phone: 202 566–0484, Email: epamail.epa.gov.
implement emissions standards wheeler.cindy@epa.gov. RIN: 2050–AG61
established by TSCA title VI for Lynn Vendinello, Environmental [FR Doc. 2015–14368 Filed 6–17–15; 8:45 am]
composite wood products sold, Protection Agency, Office of Chemical BILLING CODE 6560–50–P
tkelley on DSK3SPTVN1PROD with PROPOSALS 14

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Document Created: 2018-02-22 11:11:59
Document Modified: 2018-02-22 11:11:59

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Unknown Section
Action		Semiannual regulatory flexibility agenda and semiannual regulatory agenda.
Dates		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.
Contact		If you have questions or comments about a particular action, please get in touch with the agency contact listed in each agenda entry. If you have general questions about the semiannual regulatory agenda, please contact: Caryn Muellerleile ([email protected]; 202-564-2855).
FR Citation		80 FR 35082

80 FR 35082 - Spring 2015 Regulatory Agenda

ENVIRONMENTAL PROTECTION AGENCYGeneral Services Administration

Federal Register Volume 80, Issue 117 (June 18, 2015)

ENVIRONMENTAL PROTECTION AGENCY
General Services Administration