Page1of9ActionInitiationList–February2011February 2011 Action Initiation List (asof 3/16/2011)U.S. Environmental Protection Agency (EPA)The following actions were initiated by EPA this month. Explanations of which EPA actions are included on this list and of eachelement of the table can be found at the end of this document.The two most recent Action Initiation Lists (AILs) can always be found at:http://www.epa.gov/lawsregs/search/ail.html. But, theywill not provide updates on the actions listedherein. Updates on priority rulemakings are available from EPA's RulemakingGateway (www.epa.gov/rulemaking/).If one of the rules on this AIL is in the Rulemaking Gateway, a linkto the rule's profile is included in the table below. Forallrules – those that are in the Gateway and those that are not – you mayobtain updates twice a year in EPA’sSemiannualRegulatory Agenda,which is accessible from these Web sites:• EPA’s Laws, Regulations, Guidance and Dockets(http://www.epa.gov/lawsregs/search/regagenda.html)• RegInfo.gov(http://www.reginfo.gov/public/do/eAgendaMain)• Regulations.gov(http://www.regulations.gov/fdmspublic/component/main?main=UnifiedAgenda&agency=EPA&pubperiod=200710)To assist you in tracking actions’ progress, the RINs in the table below are also displayed in theSemiannual Regulatory Agendaand the Rulemaking Gateway.Page2of9ActionInitiationList–February2011RINAction TitleStageContactAbstractProjectedPublicationDate2040-AF33 Withdrawal ofFederal WaterQuality Criteriafor CertainStates CoveredUnder EPA’s1992 NationalToxics Rule(NTR)NPRM Danielle Fuligni202-566-0793Fuligni.Danielle@epa.govThe 1992 National Toxics Rule (NTR)promulgated for 14 States, the chemical-specific,numeric criteria for priority toxic pollutantsnecessary to bring all States into compliancewith the requirements ofsection 303(c)(2)(B) ofthe Clean Water Act (CWA). States determinedby EPA to fully comply with section 303(c)(2)(B)requirements were not affected by this rule. Therule addressed two situations. For a few States,EPA promulgated a limited number of criteriawhich were previously identified as necessary indisapproval letters to such States, and which theState had failed to address. For other States,Federal criteria were necessary for all prioritytoxic pollutants for which EPA had issued section304(a) water quality criteria guidance and thatwere not the subject of approved State criteria.As States adopt and EPA approves criteria forpriority toxic pollutants, states may be removedfrom the NTR via a Federal Rule Withdrawal.EPA is proposing to withdraw aquatic life cyanide(CN) criteria for San Francisco Bay andnumerous numeric toxic criteria for New Jerseyand Puerto Rico from the NTR. In 1992, the NTRpromulgated these criteria for these States. Inthe case of California, the NTR promulgated CNcriteria for San Francisco Bay. In 2008, Californiaadopted site-specific CN criteria for SanFrancisco Bay and EPA Region 9 approved thecriteria, subject to completion of the ESAconsultation, pursuant to ESA section 7(d). In thecases of New Jersey and Puerto Rico, the NTRpromulgated numerous numeric toxic criteria. In2006, EPA Region 2 approved revisions to NewJersey’s water quality standards (WQS) whichcontained the toxic criteria being withdrawn fromthe NTR today. Similarly, in 2010, EPA Region 2approved revisions of numerous numeric toxiccriteria in Puerto Rico’s WQS. The proposedfederal regulation withdrawal will enableMore than12 monthsPage3of9ActionInitiationList–February2011California, New Jersey and Puerto Rico toimplement the EPA-approved criteria in theseinstances.RINAction TitleStageContactAbstractProjectedPublicationDate2060-AQ79 Deferral ofApplication ofthe Preventionof SignificantDeterioration(PSD) and TitleV Programs toCO2 emissionsfrom Bioenergyand OtherBiogenicSourcesNPRM Carole Cook202-343-9334Cook.Carole@epa.govThis action proposes to defer for a period of three(3) years the application of the Prevention ofSignificant Deterioration (PSD) and Title Vpermitting requirements to CO2 emissions fromboienergy and other biogenic sources. TheAgency intends to use this time to seekindependent scientific analysis of the complexissues pertinent to the climate impacts of theseemissions and to develop a rulemaking on howthese emissions should be treated andaccounted for in Clean Air Act PSD and Title Vpermitting.12 monthsor less2060-AQ83 Protection ofStratosphericOzone: The2012 CriticalUse Exemptionfrom thePhaseout ofMethyl BromideNPRM Jeremy Arling202-343-9055Arling.Jeremy@epa.govMethyl bromide was phased out under the CleanAir Act and the Montreal Protocol on Substancesthat Deplete the Ozone Layer in 2005, except forlimited exemptions. This action would authorizeuses that will qualify for the 2012 critical useexemption from the phaseout of methyl bromide,and would also authorize the amount of methylbromide that may be produced, imported, orsupplied from inventory for those uses in 2012.Absent this rulemaking, production and import ofmethyl bromide for critical uses would be zero for2012. EPA takes this action under the authorityof the Clean Air Act to reflect recent consensusDecisions taken by the Parties to the MontrealProtocol at the 22nd Meeting of the Parties.12 monthsor lessPage4of9ActionInitiationList–February2011RINAction TitleStageContactAbstractProjectedPublicationDate2060-AQ84 Protection ofStratosphericOzone: Listingof Substitutesfor OzoneDepletingSubstances -Fire ProtectionDirect Final Bella Maranion202-343-9749Maranion.Bella@epa.govThis direct final action would list as acceptable(subject to use restrictions) a substitute forozone-depleting substances in the firesuppression and explosion protection sectorunder EPA's Significant New Alternatives Policy(SNAP) Program. The SNAP Program evaluatessubstitutes for ozone-depleting substances andpublishes lists of acceptable and unacceptablesubstitutes. The intended effect of the SNAPProgram is to support the transition away fromozone-depleting substances through review ofsubstitutes and their effects on human health andthe environment.12 monthsor less2060-AQ85 Minor TechnicalCorrections andAmendments totheGreenhouseGas ReportingRulesNPRM Carole Cook202-343-9334Cook.Carole@epa.govThis action would make technical corrections andother minor amendments to requirements of theGreenhouse Gas Mandatory Reporting rules thatwere finalized in 2010. The corrections andamendments are mostly clarifying in nature toensure that the rules can be implemented byowners and operators of facilities as intendedand will address questions raised by reportersduring implementation. This action would makerelatively minor changes that easeimplementation. It would not fundamentallychange the structure of the program or itsrequirements.12 monthsor lessPage5of9ActionInitiationList–February2011RINAction TitleStageContactAbstractProjectedPublicationDate2060-AQ86 Control of AirPollution FromNew MotorVehicles: Tier 3Motor VehicleEmission andFuel StandardsNPRM Catherine Yanca734-214-4769Yanca.Catherine@epa.govFollow this rule in the RulemakingGateway.This rule will establish new standards for lightduty vehicles and their fuels in order to reduceemissions of criteria and toxic pollutants and theirimpact on air quality and health. This action willset forth a comprehensive approach towardregulating motor vehicles for non-greenhousegas pollutants, as requested by a May 2010Presidential memorandum. In addition, the CleanAir Act requires EPA to consider whether therewill be adverse air quality effects of therenewable fuel volumes required by the EnergyIndependence and Security Act of 2007 and toissue fuels standards to mitigate them; this rulewill quantify the impacts ofrenewable fuels on airquality and health and its standards will helpmitigate these impacts. The standards in this rulewill lead to reductions in ozone, particulatematter, nitrogen dioxide, and mobile source airtoxics.12 monthsor lessPage6of9ActionInitiationList–February2011RINAction TitleStageContactAbstractProjectedPublicationDate2060-AQ90 NationalEmissionStandards forHazardous AirPollutants(NESHAP) RiskandTechnologyReview (RTR)for the MineralWool and WoolFiberglassIndustriesNPRM Susan Fairchild919-541-5167Fairchild.Susan@epa.govFollow this rule in the RulemakingGateway.The Maximum Achievable Control Technology(MACT) standard for Mineral Wool Productionwas promulgated on June 1, 1999 (64 FR29490), and the MACT for Wool FiberglassProduction was promulgated on June 14, 1999(64 FR 31695). The Clean Air Act requires EPAto evaluate the risk remaining to human healthwithin 8 years of promulgation of each MACTstandard; for these regulations, that date expiredin June 2007. Along with risk, the EPA is alsorequired to review new technology in the industrythat can reduce hazardous air pollutant (HAP)emissions from regulated sources in theindustry, and may consider costs under thistechnology review. EPA is addressing theseClean Air Act requirements under a combinedrisk and technology review (RTR).EPA was petitioned to review the risk for thesesource categories, and also to determine MACTfloors for pollutants and processes that were notregulated by the MACT standards. The courtentered into an agreement with EPA and thelitigants, and the resulting deadline for proposaland promulgation of these RTRs is October 31,2011 and October 31, 2012, respectively.12 monthsor lessPage7of9ActionInitiationList–February2011RINAction TitleStageContactAbstractProjectedPublicationDate2060-AQ95 GeneralPermits for theTribal MinorNew SourceReviewProgramNPRM Mark Sendzik919-541-5534Sendzik.Mark@epa.govThe Tribal Minor New Source Review (NSR)program applies to new and modified minorsources and minor modifications at majorsources in Indian Country. The program isimplemented through issuance of preconstructionpermits that can include, among otherrequirements, pollutant emission limits for minorsources and voluntary emission limitations on thepotential-to-emit of sources that would otherwisebe considered major sources. It uses generalpermits, which may be applied to a number ofsimilar emission units or stationary sources, tosimplify permit application and issuance so that areviewing authority's limited resource needs notbe expended for the review of site-specificpermits. A general permit may be written toaddress a single emissions unit, a group of thesame type of emissions units, or an entirecategory of minor sources. General permits offera cost-effective means of issuing permits andprovide a quicker and simpler alternativemechanism for permitting minor sources than thesite-specific permitting process. This actionproposes general permits for the following fivesource categories: gas stations, dry cleaners,autobody shops, hot mix asphalt plants, and rockcrushing facilities.12 monthsor lessPage8of9ActionInitiationList–February2011RINAction TitleStageContactAbstractProjectedPublicationDate2070-AJ89 Cadmium; Healthand Safety DataReporting UnderTSCA Section8(d)NPRM Robert Jones202-564-8161Jones.Robert@epa.govOn August 30, 2010, EPA granted a request fromthe Sierra Club to use section 8(d) of the ToxicSubstances Control Act (TSCA) to requireproducers, importers, and processors of cadmiumand cadmium compounds to submit to EPA lists orcopies of ongoing and completed unpublished healthand safety studies concerning cadmium andcadmium compounds that are reasonably likely to beincorporated into consumer products. Sierra Clubmade this request May 28, 2010 through a citizen’spetition filed under TSCA section 21. The petitionalso asked that the Consumer Product SafetyCommission (CPSC) take certain actions, includingthe establishment of standards restricting cadmiumin children’s products, especially metal jewelry. Thehealth and safety studies that EPA would requireunder this rule would be used to help determine if apotential hazard exists from cadmium or cadmiumcompounds and whether a product should bebanned as a hazardous substance under guidelinesestablished by CPSC.More than12 months2070-AJ90 CBI: ReassertionandResubstantiationof ConfidentialityClaims SubmittedUnder TSCANPRM Ryan Wallace202-564-8824Wallace.Ryan@epa.govEPA is considering establishing regulations relatingto claims for confidential business information (CBI)submitted under the Toxic Substances Control Act(TSCA) that would require the periodic reassertionand resubstantiation of such claims. Confidentialityclaims which are not reasserted and resubstantiatedwould expire. EPA expects this action wouldincrease transparency and availability of publichealth and environmental effects information onchemicals in commerce.12 monthsor lessPage9of9ActionInitiationList–February2011What EPA Actions Appear on the AILs?Generally, AILs include those actions that 1) will appear in upcomingSemiannual Regulatory Agendaand 2) have been approvedfor commencement by EPA’sRegulatory Policy Officer. In rare instances, an action will not appear on an AIL before it appears in theAgenda. Also, keep in mind that AILs will not postimmediately. You can access a given month's list roughly 15 days after the close of the month (e.g., the April 2008 AIL will post sometime around May 15th).What Does Each Column in the AIL Mean?RIN:RIN stands for "Regulation Identifier Number." A RIN is assigned by theRegulatory Information Service Center, a component of the U.S. General ServicesAdministration, to identify each regulatory action listed in ourSemiannual Regulatory AgendaandAnnual Regulatory Plans. Also, RINs are included in theheadings of our rules when they are published in the Federal Registerto make it easier for you to track our actions. An example of an EPA RIN is 2050-AG37. It iscomposed of two parts. The first part (i.e., 2050)identifies which office within EPA is incharge of the action. In this case,it is the Office of Solid Waste andEmergency Response. The second part (e.g., AG37) is an alpha-numeric code automatically generated as rules are assigned a RIN.Title:Self-explanatory.Stage:The stage of an action describes where we are in the rule writing process, from the very beginning when a rule (or other action) is just an idea to the endwhen it is published as a final rule (or other action) in the Federal Register. For example, the Notice of Proposed Rulemaking(NPRM) stage announces aproposed rule or proposed modification to an existing rule. In the AILs, the following acronyms are used:• ANPRM - Advance Notice of Proposed Rulemaking• NPRM - Notice of Proposed Rulemaking• Supplemental - Supplemental NPRM• Direct Final - Direct Final Action• Interim Final – Interim Final Action• Final – Final Action• Section 610 Review – Agency Review under Section 610 of the Regulatory Flexibility ActContact:Provides the name, phone, and email address for the EPA staff personassigned to this rule. Additionally, if a rule is in EPA's Rulemaking Gateway(www.epa.gov/rulemaking/), then a link to the rule's profile will be provided in this column.Abstract:A brief summary of the action and its purpose.Projected Publication Date:Since many variables affect how long it takes to write a rule orother action, it is difficult to predict a firm publication datewhen we have just started working on an action. Therefore, weinsert one of two options in the "Projected Publication Date" column: 1) "12 months or less" and 2)"more than 12 months." These options give you someidea of how quickly we expect to complete an action.