March 2010 Action Initiation List (as of 04/13/2010)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.RINAction TitleStageContactAbstractProjectedPublicationDate2050-AG61FinancialResponsibilityRequirementsunder CERCLASection 108(b) forClasses ofFacilities in theHard Rock MiningIndustryNPRMBen LesserLesser.Ben@epa.gov703-308-0314Follow this rule on theRulemaking Gateway.Section 108(b) of the Comprehensive Environmental Response,Compensation, and Liability Act (CERCLA) of 1980, as amended,establishes certain authorities concerning financial responsibilityrequirements. The Agency has identified classes of facilities withinthe hard rock mining industry as those for which financialresponsibility requirements will be first developed. This proposal willestablish requirements for financial responsibility, as well asnotification and implementation.12 months orlessMarch 2010 Action Initiation ListPage 1 of 5March 2010 Action Initiation ListPage 2 of 5RINAction TitleStageContactAbstractProjectedPublicationDate2060-AQ18TechnicalAmendments forMarine SparkIgnition Enginesand VesselsDirect FinalMichael SamulskiSamulski.Michael@epa.gov734-214-4532In the final rulemaking for new exhaust and evaporative emissionsstandards for nonroad spark-ignition engines, vessels, andequipment (73 FR 59034, October8, 2008), EPA established firstever evaporative emissions standards for marine vessels. For onesmall subset of marine fuel tanks (portable tanks), further evaluationof the design standard for diurnal emissions has raised a concernthat fuel spillage may occur under certain circumstances. We haveengaged the industry to identify a simple, safe, and emissionsneutral solution to this issue. The purpose of this action is to maketechnical amendments to the design standard for portable tanks thatwill allow for this solution. In addition, we also intend to incorporatesafe recommended practices, developed through industryconsensus, for portable marine fuel tanks.12 monthsor less2060-AQ25National EmissionStandards forHazardous AirPollutants forMajor Sources:Industrial,Commercial &InstitutionalBoilers andProcess HeatersNPRMJim EddingerEddinger.Jim@epa.gov919-541-5426Follow this rule on theRulemaking Gateway.Section 112 of the Clean Air Act (CAA) outlines the statutoryrequirements for EPA's stationary source air toxics program. Section112 mandates that EPA develop standards for hazardous airpollutants (HAP) for both major and area sources listed undersection 112(c). This regulatory action will develop emissionstandards for boilers and process heaters located at major sources.Section 112(d)(2) requires that emission standards for major sourcesbe based on the maximum achievable control technology (MACT).Industrial boilers and institutional/commercial boilers are on the list ofsection 112(c)(6) source categories. Inthis rulemaking, EPA willdevelop standards for these source categories.12 monthsor lessMarch 2010 Action Initiation ListPage 3 of 5RINAction TitleStageContactAbstractProjectedPublicationDate2060-AQ26National EmissionStandards forHazardous AirPollutants: AreaSource Standardsfor PreparedFeedsManufacturing–AmendmentDirect FinalJan KingKing.Jan@epa.goV919-541-5665Section 112 (k) of the Clean Air Act requires the development ofstandards for area sources that account for 90% of the emissions inurban areas of the 30 urban hazardous air pollutants (HAP) listed inthe Integrated Urban Air Toxics Strategy. The Integrated Urban AirToxics Strategy lists prepared feeds manufacturing as an areasource category.This action makes corrections to the regulatory text of the PreparedFeeds Manufacturing area source final rule promulgated 1/5/10. Thedefinition of prepared feeds manufacturing has been revised to add,"(by mass)." The date for new sources to submit the Notification ofCompliance Status form has beenrevised to extend the submissiondate to “. . . within 120 days of initial startup, or [INSERT DATE 60DAYS AFTER DATE OF PUBLICATION IN THE FEDERALREGISTER], . . . “12 monthsor less2060-AQ27National EmissionStandards forHazardous AirPollutants forArea Sources:ChemicalPreparationIndustry --AmendmentNPRM andDirect FinalWarren JohnsonJohnson.Warren@epa.gov919-541-5124Section 112 (k) of the Clean Air Act requires the development ofstandards for area sources that account for 90% of the emissions inurban areas of the 30 urban hazardous air pollutants (HAP) listed inthe Integrated Urban Air Toxics Strategy. The Integrated Urban AirToxics Strategy lists the chemical preparations industry as an areasource category. This action makes amendments to the compliancecertification regulatory text of the Chemical Preparations Industryfinal rules promulgated 12/16/09 and published 12/30/09.12 monthsor less2060-AQ28New SourcePerformanceStandards(NSPS) Reviewfor PetroleumRefineries(Subpart J) -Response toReconsideration -Other IssuesNPRMBob LucasLucas.Bob@epa.gov919-541-0884On June 24, 2008, EPA promulgatedamendments to the Standardsof Performance for Petroleum Refineries and new standards forprocess units constructed, reconstructed, or modified after May 14,2007. EPA received three petitions for reconsideration of the finalrule. On September 26, 2008,EPA granted reconsideration andissued a stay for the issues raisedin the petitions regarding processheaters and flares. EPA also proposed various technical correctionsin that action that were raised in the petitions for reconsideration. Atthat time, EPA also agreed to reconsider other issues in futurenotices. Under this action, EPA will prepare a proposal to reconsiderthe issues raised by Petitioners.The current schedule calls for a proposal to be started by 4/8/10, andsigned by 11/15/10. The amendments will look at subpart J emissionsources, including fluid catalyticcracking units, fluid coking units,delayed coking units, and sulfur plants. Pollutants include PM, SO2,NOx, CO, and H2S.12 monthsor lessMarch 2010 Action Initiation ListPage 4 of 5RINAction TitleStageContactAbstractProjectedPublicationDate2070-AJ72Long-ChainPerfluorinatedChemicals(LCPFCs);Regulation(s)Under TSCANPRMToni KrasnicKrasnic.Toni@epa.gov202-564-0984TSCA section 6 provides authority for EPA to ban or restrict themanufacture (including import), processing, and use of thesechemicals. EPA is considering initiating TSCA section 6rulemaking for managing long-chain perfluorinated chemicals(LCPFCs). LCPFCs includes two sub-categories: perfluoroalkylsulfonates (PFAS) and perfluoroalkyl carboxylates (PFAC). ThePFAS sub-category includes perfluorohexane sulfonic acid(PFHxS), perfluorooctane sulfonic acid (PFOS), other higherhomologues, and their salts and precursors. The PFAC subcategory includes perfluorooctanoic acid (PFOA, sometimescalled C8), other higher homologues, and their salts andprecursors. Some of those potential PFAC precursors includechemicals known commercially as fluorotelomers. PFOA is asynthetic (man-made) chemical that does not occur naturally inthe environment. Companies use PFOA to make fluoropolymers,substances with special properties that have thousands ofimportant manufacturing and industrial applications.Fluoropolymers impart valuable properties, including fireresistance and oil, stain, grease, and water repellency. They areused to provide non-stick surfaces on cookware and waterproof,breathable membranes for clothing, and are used in manyindustry segments, includingthe aerospace, automotive,building/construction, chemical processing, electronics,semiconductors, and textile industries. PFOA can also beproduced by the breakdown of some fluorinated telomers,substances that are used in surface treatment products to impartsoil, stain, grease, and water resistance. Some telomers are alsoused as high performance surfactants in products that must flowevenly, such as paints, coatings, and cleaning products, firefighting foams for use on liquid fuel fires, or the engineeringcoatings used in semiconductor manufacture. LCPFCs are foundworld-wide in the environment,wildlife, and humans. They arebioaccumulative in wildlife and humans, and are persistent in theenvironment. To date, significant adverse effects have not beenfound in the general human population; however, significantadverse effects have been identified in laboratory animals andwildlife. Given the long half-life of these chemicals in humans(years), it can reasonably be anticipated that continued exposurecould increase body burdens tolevels that would result inadverse outcomes.More than12 monthsMarch 2010 Action Initiation ListPage 5 of 5What 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.