Page1of6ActionInitiationList–May2011U.S. Environmental Protection Agency (EPA)May 2011 Action Initiation List (as of 6/23/2011)The following actions were initiated by EPA this month. Explanations of which EPA actions are included on this list and ofeach 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/search/ail.html.But, they will not provide updates on the actions listed herein.Updates on priority rulemakings are available from EPA'sRulemaking Gateway (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. Forall rules – those that are in the Gateway and those thatare not – you may obtain updates twice a year in EPA’sSemiannual Regulatory 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 RegulatoryAgendaand the Rulemaking Gateway.Page2of6ActionInitiationList–May2011RINAction TitleStageContactAbstractProjectedPublicationDate2025-AA33 Expansion ofIndustry SectorsCovered by theToxics ReleaseInventory (TRI),Emergency Planningand CommunityRight-to-Know Act(EPCRA) section313NPRM Gilbert Mears202-566-0954Mears.Gilbert@epa.govIn support of the goal to provide comprehensive toxicchemical release and other waste managementinformation to communities, this rule would considerexpanding the scope of industry sectors covered byEmergency Planning and Community Right-to-KnowAct (EPCRA) section 313, also known as the ToxicsRelease Inventory (TRI). As originally enacted,EPCRA 313 applied only to the manufacturing industrysectors. The statute, however, also allows the EPAAdministrator to add sectors to TRI to the extent thatdoing so is relevant to the purposes of EPCRA 313.Under this authority, the EPA in 1997 added sevenadditional industry sectors to the list of sectorscovered by TRI. This rule would add or expandcoverage to the following industry sectors: Iron OreMining, Phosphate Mining, Municipal WasteIncineration, Industrial Dry Cleaning, Petroleum BulkStorage, and Steam-Only Production from FossilFuels.More than12 months2050-AG68 Revisions to theExportRequirements of theCathode Ray Tube(CRT) RuleNPRM Marilyn Goode703-308-8800Goode.Marilyn@epa.govThe Agency is considering a proposal to revise thecathode ray tube (CRT) final rule published on July 28,2006 (71 FR 42927) to address certainimplementation concerns. We are considering addinga definition of "exporter," which will clarify the liabilitiesof intermediaries, such asbrokers, in fulfilling theexport-related requirements of the rule. We are alsoconsidering including additional items to thenotification required forCRTs exported for reuse.These requirements will makeit easier to enforce theexport requirements of the rule and will enable theAgency to obtain additional information on the exportof this class of used electronics.12 monthsor lessPage3of6ActionInitiationList–May2011RINAction TitleStageContactAbstractProjectedPublicationDate2060-AR01 Supplemental Noticefor Transport Rule(CAIR ReplacementRule)NPRM Meg Victor202 343-9193Victor.Meg@epa.govThis action supplements the proposed Transport Rule(“CAIR Replacement Rule”).This action proposes theinclusion of six additional states (Iowa, Kansas,Michigan, Missouri, Oklahoma, and Wisconsin) in theTransport Rule’s NOX ozone season program.Analyses conducted for the final Transport Ruledemonstrates that these six states significantlycontribute to nonattainment or interfere withmaintenance of the 1997 ozone National Ambient AirQuality Standards (NAAQS) in another state. The airquality modeling for the final Transport Rule identifiedtwo maintenance areas for the 1997 ozone NAAQSthat were not identified in the proposal: AlleganCounty, MI and Harford County (near Baltimore), MD.This notice is necessary because the public did nothave a proper notice and comment opportunity withrespect to these newly identified receptors.12 monthsor lessPage4of6ActionInitiationList–May2011RINAction TitleStageContactAbstractProjectedPublicationDate2060-AR02 Chemical SectorRulesNPRM Nick Parsons919-541-5372Parsons.Nick@epa.govThe chemical sector is focused on the production ofsynthetic organic chemicals and their intermediates,which consists of many ofthe North American IndustryClassification System codes beginning with “325”. Thissector emits hazardous air pollutants such asmethanol, butadiene, and benzene, and criteria airpollutants, such as sulfur dioxide, carbon monoxide,nitrogen oxides, and volatile organic compounds. Thesector is subject to 14 National Emission Standardsfor Hazardous Air Pollutants (NESHAP) and six NewSource Performance Standards (NSPS). Under thisaction we plan to begin consolidating these rules intoa single chemical sector NESHAP that will address airtoxics and a single chemical sector NSPS that willaddress criteria pollutants. Uniform standards (for heatexchangers, equipment leaks, storage vessels andtransfer operations, control devices and closed-ventsystems, and wastewater) are being developed inseparate actions and will specify the work practices,equipment standards, and proper monitoring,recordkeeping, and reporting requirements. Theregulatory text for the chemical sector NESHAP andNSPS are expected to reference the uniformstandards, which will ensurethat requirements areconsistent, to the extent appropriate, across thechemical sector.In the chemical sector NESHAP, we will consolidatethe NESHAP for Hazardous Organic Chemicals (HON,subparts F-I), Miscellaneous Organic Chemicals(MON, subpart FFFF), Ethylene (subparts XX andYY), Organic Liquids Distribution (OLD, subpartEEEE), Pesticide Active Ingredients (PAI, subpartMMM), Polyether Polyols (PEPOs, subpart PPP),Group IV Polymers and Resins (P&R IV, subpart JJJ),and Vinyl Chloride (part 61 subpart F) and revisethese rules to address unregulated and underregulated emission points under Maximum AchievableTechnology (MACT) or technology review for thesecategories. At the same time, we will also perform aresidual risk review for the MON, Ethylene, OLD, PAI,PEPOs, and P&R IV. Additionally, we are evaluating12 monthsor lessPage5of6ActionInitiationList–May2011emissions from Vinyl Chloride facilities (currentlycovered by the HON and the Vinyl Chloride NESHAP)to see if additional emissions limitations are neededfor combustion of chlorinated organic compounds.Similarly, we plan to review the six chemical sectorNSPS and consolidate these requirements into asingle sector NSPS and expandthe scope of the rule,as necessary, to include additional emissions sourcesand limitations.RINAction TitleStageContactAbstractProjectedPublicationDate2060-AR03 TransportationConformity Rule:Motor VehicleEmission SimulatorRegional GracePeriod ExtensionNPRM Meg Patulski734-214-4842Patulski.Meg@epa.govThis rulemaking provides an extension to the currentgrace period before the Motor Vehicle EmissionSimulator (MOVES) model is required for use inregional conformity analyses. In December 2009, EPAreleased the MOVES emissions model. Under thecurrent conformity rule, new conformity analyses afterMarch 2012 must be basedon MOVES, but this willbe difficult or impossible for some areas to meet. Stateand local governments need additional time toincorporate MOVES into their planning withoutnegative conformity consequences. To address thisurgent need for administrative flexibility, thisrulemaking must be completed by January 2012 inorder to provided flexibility to meet conformityrequirements. Transportation conformity is a Clean AirAct requirement that transportation activities beconsistent with a State's plan for achieving EPA'snational ambient air quality standards.12 monthsor lessPage6of6ActionInitiationList–May2011What EPA Actions Appear on the AILs?Generally, AILs include those actions that 1) will appear in upcomingSemiannual Regulatory Agendaand 2) have been approved for commencement byEPA’s Regulatory Policy Officer. In rareinstances, an actionwill not appear on an AIL before it appears in theAgenda. Also, keep in mind that AILs will notpost immediately. You can access a given month's list roughly 15days after the close of the month (e.g., the April 2008 AIL will post sometime aroundMay 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. GeneralServices Administration, to identify each regulatory action listed in ourSemiannual Regulatory AgendaandAnnual Regulatory Plans. Also, RINs areincluded in the headings of our rules when they are published in the Federal Register to make it easier for you to track our actions. An example of an EPARIN is 2050-AG37. It iscomposed of two parts. Thefirst part (i.e., 2050) identifies which office within EPA is in charge of the action. In this case, it is theOffice of Solid Waste and Emergency Response. The second part(e.g., AG37) is an alpha-numeric code automatically generated asrules are assigned aRIN.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 tothe end when it is published as a final rule (or other action) inthe Federal Register. For example, the Notice of Proposed Rulemaking (NPRM) stageannounces a 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 ActContact:Provides the name, phone, and email address for the EPA staff personassigned to this rule. Additionally, if a rule is in EPA's RulemakingGateway (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 publicationdate when we have just started working on an action. Therefore, weinsert one of two options in the "Projected Publication Date" column: 1) "12 months orless" and 2) "more than 12 months." These options give yousome idea of how quickly we expect to complete an action.