May 2010 Action Initiation List (as of 06/07/2010)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 can be foundat 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 theactions listed herein. Updates on priority rulemakings are available from EPA's Rulemaking Gateway (www.epa.gov/rulemaking/). If one of the rules onthis 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 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 Regulatory Agendaand the Rulemaking Gateway.RINAction TitleStageContactAbstractProjectedPublicationDate2060-AQ33Reconsideration ofCertainGreenhouse Gas(GHG) MandatoryReporting RuleProvisionsNPRMCarole Cook202-343-9334Cook.Carole@epa.govEPA received several petitions for reconsideration andpetitions for review on the final Mandatory Greenhouse Gas(GHG) Reporting Rule, [Federal Register: October 30, 2009(Volume 74, Number 209); Page 56259-56519;http://www.regulations.gov/search/Regs/home.html#docketDetail?R=EPA-HQ-OAR-2008-0508]. This action wouldaddress selected technical aspects of the requirements ofthe final rule. This action would not fundamentally changethe structure of the program.12 months orlessAction Initiation List - May 2010Page 1 of 4Action Initiation List - May 2010Page 2 of 4RINAction TitleStageContactAbstractProjectedPublicationDate2060-AQ35SupplementalDeterminations forRenewable FuelsProduced Underthe Final RFS2Program fromCanola Oil andGrain SorghumDirectFinalPaul Argyropoulos202 564-1123Argyropoulos.Paul@epa.govAs indicated in the final rule RIN 2060-AO81: Renewable FuelStandards (RFS), while the Agency issued lifecyclegreenhouse gas (GHG) threshold determinations for the majorfuel pathways projected to meet the bulk of the RFS volumemandates, assessments of othernew fuel pathways such asgrain sorghum ethanol could not be completed in time for thefinal rule. In the process of assessing these fuels, the Agencyis issuing determinations through two supplemental notices tothe final rule.For this supplemental notice, EPA plans to publish a finaldetermination for biomass-based diesel produced from canolaoil and ethanol produced from grain sorghum. The Agencyplans to issue a Direct Final Notice of SupplementalDetermination in mid-September.12 months orless2060-AQ36SupplementalDeterminations forRenewable FuelsProduced Underthe Final RFS2Program fromPulpwood andPalm OilDirectFinalPaul Argyropoulos202 564-1123Argyropoulos.Paul@epa.govAs indicated in the final rule RIN 2060-AO81: Renewable FuelStandards (RFS), while the Agency issued lifecyclegreenhouse gas (GHG) threshold determinations for the majorfuel pathways projected to meetthe bulk of the renewable fuelstandards volume mandates, assessments of other new fuelpathways such as pulpwood and palm oil could not becompleted in time for the final rule. In the process of assessingthese fuels, the Agency is issuing determinations through twosupplemental notices to the final rule. While data collection forcanola oil and grain sorghum had already begun during thefinal rulemaking process, in the case of fuels produced frompulpwood and palm oil, the Agency requires a longer amountof time to complete data collection and the necessaryanalyses. Thus, determinations for these fuels will be includedin this separate notice.For this supplemental notice, EPA plans to publish a finaldetermination for cellulosic biofuels produced from pulpwoodand biomass-based diesel produced from palm oil. TheAgency plans to issue a Direct Final Notice of SupplementalDetermination in early November.12 months orlessAction Initiation List - May 2010Page 3 of 4RINAction TitleStageContactAbstractProjectedPublicationDate2060-AQ38Revision toDefinition ofVolatile OrganicCompounds -Exclusion of trans1,3,3,3-tetrafluoropropeneand 2,3,3,3-tertrafluoropropeneNPRMWilliam L Johnson919-541-5245Johnson.WilliamL@epa.govThis action proposes to add trans 1,3,3,3-tetrafluoropropeneand 2,3,3,3-tertrafluoropropene to the list of negligibly reactivecompounds in the definition of volatile organic compounds.Data indicate that the photochemical reactivity of thesecompounds is low enough that they can be regarded asnegligibly reactive inozone formation and will not contribute toviolations of the ozone national ambient air quality standard.The compound 2,3,3,3-tertrafluoropropene has been identifiedas a possible substitute for a high global warming compoundwhich is currently used in automobile air conditioners.12 months orless2070-AJ74Revision toCompliance Datefor PesticideContainer/Containment RuleNPRMNancy Fitz703-305-7385Fitz.Nancy@epa.govEPA will propose to make a change to the compliance date in40 CFR 156.159. The proposed change is minor and is anextension of the compliance date for the required labelstatements for pesticide containers.This is a procedural rule. There are no cross-media impacts;side agreements will suffice.12 months orlessAction Initiation List - May 2010Page 4 of 4What 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?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 end when it ispublished as a final rule (or other action) in the Federal Register. For example, the Notice of Proposed Rulemaking (NPRM) stage announces a proposedrule or proposed modification to an existing rule.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 working on anaction. 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 optionsgive you some idea of how quickly we expect to complete an action.