February 2010 Action Initiation List, corrected (as of 3/22/2010)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 each element of the table canbe 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 updateson the actions listed herein. Updateson priority rulemakings are available from EPA's Rulemaking Gateway (www.epa.gov/rulemaking/). If one of therules on this AIL is in the Rulemaking Gateway, a link to the rule's profile is included in the table below. For all rules – those that are in the Gateway andthose that are 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 Regulatory Agendaand the RulemakingGateway.Action Initiation List – February 2010Page 1 of 8Action Initiation List – February 2010Page 2 of 8RINAction TitleStageContactAbstractProjectedPublicationDate2040-AF20RevisedRegulations forConcentratedAnimal FeedingOperations(CAFOs) in theChesapeake BayWatershedNPRMAshley Toy202-564-2296Toy.Ashley@epa.govFollow this rule on theRulemaking Gateway.EPA and authorized states administer the National PollutantDischarge Elimination System (NPDES) program forconcentrated animal feeding operations (CAFOs), as revised bynationally-applicable rules in 2003 and 2008. On May 12, 2009,President Barack Obama issued Executive Order 13508 onChesapeake Bay Protection and Restoration. Agriculture is thesingle largest contributor of nitrogen, phosphorus, andsediment pollution to the Chesapeake Bay Watershed. Manureis the source of about half of the nutrient loading fromagriculture. As directed underthe Executive Order, EPAdeveloped a strategy, in consultation with the States and keystakeholders, for protecting water quality in the ChesapeakeBay. The proposed action might establish broader regulatoryauthority in the Bay and additional requirements for manuremanagement for CAFOs in the bay. Consistent with the draftjoint federal strategy, the scope of the proposed rule mayconsider expanding the universe of CAFOs and requiring morestringent standards for permits (e.g. better nutrientmanagement planning). Additionally, options for a streamlineddesignation process of smaller facilities as CAFOs and betteroff-site manure management may be considered for the bay ornationally. During the rulemakingprocess, EPA will considerhow effectively Chesapeake Bay states strengthen theirpollution control programs to achieve the reductions in nutrientand sediment pollution needed to meet Bay water qualitystandards. The Chesapeake Bay CAFO Rule is beingdeveloped to ensure Regional and State Water NPDESPermitting Authorities have sufficient tools to reduce dischargesof manure from these facilities.More than12 monthsAction Initiation List – February 2010Page 3 of 8RINAction TitleStageContactAbstractProjectedPublicationDate2050-AG60Hazardous WasteManagementSystems:Identification andListing ofHazardousWaste: CarbonDioxide (CO2)Injectate inGeologicalSequestrationActivitiesNPRMRoss Elliot703-308-8748Elliot.Ross@epa.govFollow this rule on theRulemaking Gateway.On July 25, 2008, EPA published a proposed rule under theSafe Drinking Water Act Underground Injection ControlProgram to create a new class ofinjection well (Class VI) forgeological sequestration (GS) of carbon dioxide (CO2). 73 FR43492. In response to that proposal, EPA received numerouscomments asking for clarification on how the ResourceConservation and Recovery Act (RCRA) hazardous wasterequirements apply to CO2 streams. EPA is now considering aproposed rule under RCRA to explore options such as aconditional exemption fromthe RCRA requirements forhazardous CO2 streams in orderto facilitate implementation ofGS while protecting human health and the environment.12 monthsor less2060-AQ12Tier II Light-DutyVehicle and LightDuty TruckEmissionStandards andGasoline SulfurStandards(Section 610Review)610 ReviewTad Wysor734-214-4332Wysor.Tad@epa.govOn February 10, 2000 (65 FR6698), EPA promulgated aregulation to require emission standards for light-duty vehiclesand light-duty trucks through lowering tailpipe emissionstandards. Specifically, EPA soughtto reduce emissions ofnitrogen oxides and non-methane hydrocarbons, pollutantswhich contribute to ozone pollution. The rulemaking alsoprovided limitations on the sulfur content of gasoline availablenationwide. Sulfur in gasoline has a detrimental impact oncatalyst performance and could be a limiting factor in theintroduction of advanced technologies on motor vehicles.Pursuant to Section 610 of the Regulatory Flexibility Act, onFebruary 19, 2010 EPA initiated a review of this rule todetermine if it should be continued without change, or shouldbe rescinded or amended to minimize adverse economicimpacts on small entities (75 FR 7426). As part of this review,EPA is considering, and has solicited comments on, thefollowing factors: (1) The continued need for the rule; (2) thenature of complaints or comments received concerning the rule;(3) the complexity of the rule; (4) the extent to which the ruleoverlaps, duplicates, or conflictswith other Federal, State, orlocal government rules; and (5) the degree to which technology,economic conditions, or other factors have changed in the areaaffected by the rule. The results of EPA's review will besummarized in a report andplaced in the docket EPA-HQOAR-2010-0052. This docket can be accessed atwww.regulations.gov.12 monthsor lessAction Initiation List – February 2010Page 4 of 8RINAction TitleStageContactAbstractProjectedPublicationDate2060-AQ15MinorHarmonizingChanges toGeneralProvisions of theGHG MandatoryReporting RuleDirect FinalSuzzane Kocchi202-343-9434Kocchi.Suzzane@epa.govThis action would make minor harmonizing changes to thegeneral provisions for the greenhouse gas reporting rule (40CFR part 98, subpart A) to accommodate the addition ofsource categories not included in the 2009 final rule. Thisincludes subparts proposed in April 2009 but not finalized in2009, and any new subparts that may be proposed in thefuture. The rule would update 40 CFR 98.2(a) on ruleapplicability and 40 CFR 98.3 regarding the reporting scheduleto accommodate any additional subparts and the schedule fortheir reporting obligations (e.g.,source categories finalized in2010 would not begin reporting until 2011 and reporting in2012).12 monthsor less2060-AQ162011 RenewableFuel VolumeStandards asrequired byEnergyIndependenceand Security Actof 2007 (EISA)NPRMDavid Korotney734-214-4507Korotney.David@epa.govIn response to the Energy Independence and Security Act(EISA), EPA finalized the RFS2 program regulations.However, under EISA, the EPA is required to promulgateregulations that specify the annual statutory volumerequirements for renewable fuels,including cellulosic biofuel,biomass-based diesel, advanced biofuel, and total renewablefuel that must be used in transportation fuel in each year. Inthe case of the cellulosic biofuel standard, EISA specificallyrequires that the standard be set based on the volumeprojected to be available during the following year. If thevolumes are lower than those specified under EISA, then EPAmay also lower the advanced biofuel and total renewable fuelstandards each year accordingly. This regulatory action,establishes these annual statutory volume requirements forcellulosic, biomass-based diesel, advanced biofuel, andrenewable fuels that apply to all gasoline and diesel producedor imported in year 2011. This regulation, thus, sets the finalstandards for renewable fuels required in year 2011. Entitiespotentially affected by this final rule are those involved with theproduction, distribution, and sale of transportation fuels,including gasoline and diesel fuel or renewable fuels such asethanol and biodiesel.12 monthsor lessAction Initiation List – February 2010Page 5 of 8RINAction TitleStageContactAbstractProjectedPublicationDate2060-AQ17Regulation toPrevent theMisfueling ofVehicles andEngines withGasolineContainingGreater than TenVolume PercentEthanol andModifications tothe Reformulatedand ConventionalGasolineNPRMBarry Garelick202-343-9028Garelick.Barry@epa.govThis rulemaking does two things.First, it will help prevent themisfueling of vehicles and engines not certified to operate ongasoline containing greater than 10% ethanol ("E10+"). We areproposing a rulemaking under the Clean Air Act section 211(c)to control and regulate distribution of fuels and fuel additivesthat may pose harm to the environment or public health.Vehicles or engines not certified or approved for E10+ mayexperience increased emissions of criteria pollutants andaccelerated deterioration of emission control systems due tohigher oxygen content from increased ethanol levels. Theseemissions increases will have an adverse effect on air qualityand public health due to known relationships between regulatedpollutants and the formation of ground level ozone.Furthermore, vehicles or engines operating on E10+ mayexperience operability issues leading to tampering of certifiedconfigurations designed to satisfy EPA emissions requirements.Second, this rulemaking will modify the Reformulated Gasoline(“RFG”) and Anti-dumping programs (40 CFR Part 80) toupdate the Complex Model allowing fuel manufacturers tocertify batches of gasoline containing up to 15% ethanol(“E15”). These modifications are required for fuelmanufacturers to sell E15.This rulemaking is necessary because of the proliferation of"blenderpumps"—fuel pumps that allow consumers with flexfuel vehicles to select E10+ blend levels—and the Agency'spending waiver decision under the Clean Air Act section211(f)(4) which, if granted, would allow the use of E15 ("E15waiver"). Such a waiver and the current expansion ofblenderpumps create a need for a label to ensure thatconsumers do not fuel their vehicles or engines withunapproved fuels.This rule is urgently needed because of the speed thatblenderpumps are spreading and the possibility of the Agencyrendering a decision on the E15 waiver as early as the summerof 2010.12 monthsor lessAction Initiation List – February 2010Page 6 of 8RINAction TitleStageContactAbstractProjectedPublicationDate2060-AQ20Residual Risk andTechnologyReviewAmendments tothe PhosphoricAcid andPhosphateFertilizerProductionNESHAPsNPRMSusan Fairchild919-541-5167Fairchild.Susan@epa.govFollow this rule on theRulemaking Gateway.Phosphate rock is the primary raw material for phosphoricacid, which in turn is the raw material for phosphate fertilizer.These 2 actions are grouped together because theirproduction processes are usuallylocated at the same facility.Part 63 National Emissions Standards for Hazardous AirPollutants for phosphoric acid and phosphate fertilizer(subparts AA and BB, respectively) were promulgated in June1999. Facilities subject to these rules were required to be incompliance by June 2002.The Clean Air Act requires EPA to address the risk remainingto the public (ie., a 'risk review') within 8 years afterpromulgation of the MACT standards. We must also conduct atechnology review of the source categories within 8 years todetermine whether new technology exists to reduce emissionsof hazardous air pollutants (HAP) below the levels establishedby the maximum achievable control technology (MACT)standards. For purposes of expediency, these 2 reviews arecombined together and called a risk and technology review, orRTR.The amendments will address both risk reduction andtechnology advancement for the phosphoric acid andphosphate fertilizersource categories.More than12 months2060-AQ23Method 16C forthe Determinationof Total ReducedSulfur Emissionsfrom StationarySourcesNPRMFoston Curtis919-541-1063Curtis.Foston@epa.govMethod 16C is used to determine total reduced sulfuremissions and is being proposed as an alternative to Methods16, 16A, and 16B for regulated facilities in kraft pulp mills(Subpart BB of 40 CFR 60) and other industries that emitthese compounds. Method 16C combines the sampleoxidation technology of Method16A with the instrumentaltechnology of Method 6C to provide a user-friendly, real-timeprocedure. The Agency has allowed its use in the past on acase-by-case basis and now believes it should be madeavailable for general use. This method is not required underany rule and does not add any new testing requirement to thecurrent regulations.12 monthsor lessAction Initiation List – February 2010Page 7 of 8RINAction TitleStageContactAbstractProjectedPublicationDate2060-AQ24Standards ofPerformance forNew StationarySources andEmissionsGuidelines forExisting Sources:Hospital/Medical/Infectious WasteIncinerators;AmendmentsNPRMKetan Patel919-541-9736Patel.Ketan@epa.govOn October 6, 2009, EPA promulgated its response to theremand of the new source performance standards andemissions guidelines for hospital/medical/infectious wasteincinerators by the U.S. Courtof Appeals for the District ofColumbia Circuit and satisfied the Clean Air Act Section129(a)(5) requirement to conducta review of the standardsevery 5 years. This action proposes to amend the new sourceperformance standards emissions limits for nitrogen oxides(NOX) and sulfur dioxide (SO2) promulgated for largehospital/medical/infectious waste incinerators in order tocorrect inadvertent drafting errors we made setting forth thoselimits, which did not correspondto our description of ourstandard-setting process.12 months orless2070-AJ71ElementalMercury Used inBarometers,Manometers,Hygrometers, andPsychrometers;ProposedSignificant NewUse RuleNPRMSue Slotnick202-566-0514Slotnick.Sue@epa.govThis proposed Significant New Use Rule (SNUR) wouldrequire persons to notify EPA at least 90 days beforecommencing the manufacture, import, or processing ofelemental mercury for use in certain measuring devices,switches, sensors, gauges, thermocouples, gymnasiumflooring, novelty items, and sports and recreation products.Historically, elemental mercury has been used in manyindustrial and consumer products, due to its unique properties.Use of elemental mercury in products can lead to releases tothe environment during manufacturing, recycling, or disposal.Under certain conditions, mercury in the environment cancause adverse effects in humans and wildlife. Some Stategovernments have restricted mercury use in products andhave requested federal action tobolster these efforts. In 2006,EPA committed to pursue reductions in mercury used inswitches, relays, and measuring devices. In 2007, EPA issueda SNUR for elemental mercury used in certain switchespreviously installed in motor vehicles. Two years later, in 2009,EPA issued a second SNUR for elemental mercury used inflow meters, natural gas manometers, and pyrometers. EPAhas now identified more mercury-containing products that havecost-effective substitutes and are no longer manufactured. Theeffect of the rule is to require anyone who intends to recommence manufacture of the named products to notify EPA90 days prior to manufacture.12 months orlessAction Initiation List – February 2010Page 8 of 8What 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. Inrare instances, an action will not appear on an AIL before it appears in theAgenda. Also, keep in mind that AILs willnot post immediately. You can access a given month's list roughly15 days 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?RINRIN stands for "Regulation IdentifierNumber." 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 is composed of two parts. The firstpart (i.e., 2050) identifies which office within EPA is in charge of the action. In this case, it is the Office of SolidWaste and Emergency Response. The second part (e.g., AG37) is an alpha-numeric code automatically generated as rules are assigned a RIN.TitleSelf-explanatory.StageThe 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 existingrule. In the AILs, the following acronyms are used:•ANPRM - Advance Notice of Proposed Rulemaking•Direct Final - Direct Final Action•NPRM - Notice of Proposed Rulemaking•Supplemental - Supplemental NPRMContactProvides 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.AbstractA brief summary of the action and its purpose.Projected Publication DateSince many variables affect how long it takes to write a rule or other action, it is difficult to predict a firm publication date when we have just started workingon an action. Therefore, we insert 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 some idea of how quickly we expect to complete an action.