Action Initiation List – February 2011

February 2011 Action Initiation List (as of 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 o

element 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/se

will not provide updates on the actions listed herein. Updates on priority rulemakings are available from E

Gateway (www.epa.gov/rulemaking/). 

If one of the rules on this AIL is in the Rulemaking Gateway, a link to the rule's profile is included in the ta

rules – those that are in the Gateway and those that are not – you may obtain updates twice a year in EP

Regulatory Agenda, which is accessible from these Web sites: 

• EPA’s Laws, Regulations, Guidance and Dockets (http://www.epa.gov/lawsregs/search/regagenda

• RegInfo.gov (http://www.reginfo.gov/public/do/eAgendaMain)

• Regulations.gov 

(http://www.regulations.gov/fdmspublic/component/main?main=UnifiedAgenda&agency=EPA&pub

To assist you in tracking actions’ progress, the RINs in the table below are also displayed in the Semiannu

and the Rulemaking Gateway. 
Action Initiation List – February 2011

RIN Action Title Stage Contact Abstract 

2040-AF33 Withdrawal of 

Federal Water Quality Criteria for Certain States Covered Under EPA’s 1992 National Toxics Rule (NTR) 

NPRM Danielle Fuligni 

202-566-0793 Fuligni.Danielle@epa.gov

The 1992 National Toxics Rule (Npromulgated for 14 States, the chenumeric criteria for priority toxic ponecessary to bring all States into cwith the requirements of section 3the Clean Water Act (CWA). Stateby EPA to fully comply with sectiorequirements were not affected by rule addressed two situations. For EPA promulgated a limited numbewhich were previously identified adisapproval letters to such States, State had failed to address. For otFederal criteria were necessary fotoxic pollutants for which EPA had 304(a) water quality criteria guidanwere not the subject of approved SAs States adopt and EPA approvepriority toxic pollutants, states may from the NTR via a Federal Rule WEPA is proposing to withdraw aqu(CN) criteria for San Francisco Banumerous numeric toxic criteria foand Puerto Rico from the NTR. In promulgated these criteria for thesthe case of California, the NTR procriteria for San Francisco Bay. In 2adopted site-specific CN criteria foFrancisco Bay and EPA Region 9 criteria, subject to completion of thconsultation, pursuant to ESA seccases of New Jersey and Puerto Rpromulgated numerous numeric to2006, EPA Region 2 approved revJersey’s water quality standards (Wcontained the toxic criteria being wthe NTR today. Similarly, in 2010, approved revisions of numerous ncriteria in Puerto Rico’s WQS. The federal regulation withdrawal will e
Action Initiation List – February 2011

California, New Jersey and Puerto implement the EPA-approved criteinstances. 

RIN Action Title Stage Contact Abstract 

2060-AQ79 Deferral of 

Application of the Prevention of Significant Deterioration (PSD) and Title V Programs to CO2 emissions from Bioenergy and Other Biogenic Sources 

NPRM Carole Cook 

202-343-9334 Cook.Carole@epa.gov

This action proposes to defer for a (3) years the application of the PreSignificant Deterioration (PSD) anpermitting requirements to CO2 emboienergy and other biogenic sourAgency intends to use this time to independent scientific analysis of tissues pertinent to the climate impemissions and to develop a rulemathese emissions should be treated accounted for in Clean Air Act PSD permitting. 

2060-AQ83 Protection of 

Stratospheric Ozone: The 2012 Critical Use Exemption from the Phaseout of Methyl Bromide 

NPRM Jeremy Arling 

202-343-9055 Arling.Jeremy@epa.gov

Methyl bromide was phased out uAir Act and the Montreal Protocol that Deplete the Ozone Layer in 2limited exemptions. This action wouses that will qualify for the 2012 cexemption from the phaseout of mand would also authorize the amobromide that may be produced, imsupplied from inventory for those uAbsent this rulemaking, production methyl bromide for critical uses wo2012. EPA takes this action under of the Clean Air Act to reflect receDecisions taken by the Parties to tProtocol at the 22nd Meeting of th
Action Initiation List – February 2011

RIN Action Title Stage Contact Abstract 

2060-AQ84 Protection of 

Stratospheric Ozone: Listing of Substitutes for OzoneDepleting Substances - Fire Protection 

Direct Final Bella Maranion 

202-343-9749 Maranion.Bella@epa.gov

This direct final action would list a(subject to use restrictions) a subozone-depleting substances in thsuppression and explosion protecunder EPA's Significant New Alte(SNAP) Program. The SNAP Prosubstitutes for ozone-depleting supublishes lists of acceptable and substitutes. The intended effect oProgram is to support the transitioozone-depleting substances throsubstitutes and their effects on huthe environment. 

2060-AQ85 Minor Technical 

Corrections and Amendments to the Greenhouse Gas Reporting Rules 

NPRM Carole Cook 

202-343-9334 Cook.Carole@epa.gov

This action would make technicaother minor amendments to requGreenhouse Gas Mandatory Repwere finalized in 2010. The correamendments are mostly clarifying ensure that the rules can be implowners and operators of facilities and will address questions raised during implementation. This actiorelatively minor changes that easimplementation. It would not fundchange the structure of the progrrequirements. 
Action Initiation List – February 2011

RIN Action Title Stage Contact Abstract 

2060-AQ86 Control of Air 

Pollution From New Motor Vehicles: Tier 3 Motor Vehicle Emission and Fuel Standards 

NPRM Catherine Yanca 

734-214-4769 Yanca.Catherine@epa.gov

Follow this rule in the Rulemaking

Gateway. 

This rule will establish new standduty vehicles and their fuels in oremissions of criteria and toxic poimpact on air quality and health. Tset forth a comprehensive approaregulating motor vehicles for nongas pollutants, as requested by a Presidential memorandum. In addAir Act requires EPA to consider will be adverse air quality effects renewable fuel volumes required Independence and Security Act oissue fuels standards to mitigate will quantify the impacts of renewquality and health and its standarmitigate these impacts. The standwill lead to reductions in ozone, pmatter, nitrogen dioxide, and mobtoxics. 
Action Initiation List – February 2011

RIN Action Title Stage Contact Abstract 

2060-AQ90 National 

Emission Standards for Hazardous Air Pollutants (NESHAP) Risk and Technology Review (RTR) for the Mineral Wool and Wool Fiberglass Industries 

NPRM Susan Fairchild 

919-541-5167 Fairchild.Susan@epa.gov

Follow this rule in the Rulemaking

Gateway.

The Maximum Achievable Contro(MACT) standard for Mineral Woowas promulgated on June 1, 1999 29490), and the MACT for Wool FProduction was promulgated on J(64 FR 31695). The Clean Air Act to evaluate the risk remaining to hwithin 8 years of promulgation of estandard; for these regulations, thin June 2007. Along with risk, the required to review new technology that can reduce hazardous air polemissions from regulated sources industry, and may consider costs technology review. EPA is addresClean Air Act requirements under risk and technology review (RTR)EPA was petitioned to review the source categories, and also to detfloors for pollutants and processes regulated by the MACT standardsentered into an agreement with Elitigants, and the resulting deadlinand promulgation of these RTRs i2011 and October 31, 2012, respe
Action Initiation List – February 2011

RIN Action Title Stage Contact Abstract 

2060-AQ95 General 

Permits for the Tribal Minor New Source Review Program 

NPRM Mark Sendzik 

919-541-5534 Sendzik.Mark@epa.gov

The Tribal Minor New Source Revprogram applies to new and modifsources and minor modifications asources in Indian Country. The proimplemented through issuance of permits that can include, among orequirements, pollutant emission lisources and voluntary emission limpotential-to-emit of sources that wbe considered major sources. It uspermits, which may be applied to a similar emission units or stationary simplify permit application and issureviewing authority's limited resoube expended for the review of sitepermits. A general permit may be address a single emissions unit, a same type of emissions units, or acategory of minor sources. Generaa cost-effective means of issuing pprovide a quicker and simpler altemechanism for permitting minor sosite-specific permitting process. Thproposes general permits for the fsource categories: gas stations, drautobody shops, hot mix asphalt pcrushing facilities. 
Action Initiation List – February 2011

RIN Action Title Stage Contact Abstract 

2070-AJ89 Cadmium; Health 

and Safety Data Reporting Under TSCA Section 8(d) 

NPRM Robert Jones 

202-564-8161 Jones.Robert@epa.gov

On August 30, 2010, EPA granted the Sierra Club to use section 8(d) Substances Control Act (TSCA) to producers, importers, and processand cadmium compounds to submcopies of ongoing and completed uand safety studies concerning cadcadmium compounds that are reasincorporated into consumer producmade this request May 28, 2010 thpetition filed under TSCA section 2also asked that the Consumer ProdCommission (CPSC) take certain athe establishment of standards resin children’s products, especially mhealth and safety studies that EPA under this rule would be used to hepotential hazard exists from cadmicompounds and whether a product banned as a hazardous substance established by CPSC. 

2070-AJ90 CBI: Reassertion 

and Resubstantiation of Confidentiality Claims Submitted Under TSCA 

NPRM Ryan Wallace 

202-564-8824 Wallace.Ryan@epa.gov

EPA is considering establishing reto claims for confidential business submitted under the Toxic Substan(TSCA) that would require the peri

and resubstantiation of such claimsclaims which are not reasserted anwould expire. EPA expects this actincrease transparency and availabhealth and environmental effects inchemicals in commerce. 
Action Initiation List – February 2011

What EPA Actions Appear on the AILs? Generally, AILs include those actions that 1) will appear in upcoming Semiannual Regulatory Agenda and 2) have been approvRegulatory Policy Officer. In rare instances, an action will not appear on an AIL before it appears in the Agenda. Also, keep in m

immediately. You can access a given month's list roughly 15 days after the close of the month (e.g., the April 2008 AIL will pos

What Does Each Column in the AIL Mean? RIN: RIN stands for "Regulation Identifier Number." A RIN is assigned by the Regulatory Information Service Center, a compo

Administration, to identify each regulatory action listed in our Semiannual Regulatory Agenda and Annual Regulatory Plans. Alsheadings of our rules when they are published in the Federal Register to make it easier for you to track our actions. An exampcomposed of two parts. The first part (i.e., 2050) identifies which office within EPA is in charge of the action. In this case, it is thEmergency Response. The second part (e.g., AG37) is an alpha-numeric code automatically generated as rules are assigned a 

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 ot

when it is published as a final rule (or other action) in the Federal Register. For example, the Notice of Proposed Rulemaking (N

proposed 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 Act Contact: Provides the name, phone, and email address for the EPA staff person assigned to this rule. Additionally, if a rule 

(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 or other action, it is difficult 

when we have just started working on an action. Therefore, we insert one of two options in the "Projected Publication Date" co"more than 12 months." These options give you some idea of how quickly we expect to complete an action.