### Action Initiation List

– December 2010 Page 1 of 8 

## December 2010 Action Initiation List (as of 1 /0 5 /201 1 )

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 e ach

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's Rulemaking Gate way ( 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 table below. F or all rules

– those that are in the Gateway and those that are not

– you may obtain updates twice a year in EPA’s Semiannual 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’ progr ess, the RINs in the table below are also displayed in the Semiannual Regulatory Agenda and the Rulemaking Gateway.

### Action Initiation List

– December 2010 Page 2 of 8 RIN Action Title Stage Contact Abstract Projected

Publication

Date

2025

- AA31 Technical
Correction and

Clarification of

T oxic Release Inventory (TRI) Reporting for

Facilities Located on Indian Country NPRM Louise Camalier

202

- 566

- 0503 Camalier.Louise@epa.gov This action corrects one error in 40 CFR Section 372.30(a) of the current Federal Register, by reinstating the previously promulgated amendment from 1990 which named tribes as the implementing authority for T itle III within their jurisdiction. This portion of the amendment, Part 372.30(a) from July 26, 1990, specifically addresses the “whom” to where facilities located in Indian Country are to report, i.e., facilities on Indian Country

need to submit their information to the tribal official rather than

the State. This amendment did not officially transfer through the published updates to the current Federal Register.

In the Federal Register of July 26, 1990 (55 FR 144), for 40 CFR part 355.20 and 372.30, EPA has appointed the Indian Tribe as the implementi ng authority for T itle III on land on which it presides. This geographic area, defined as “Indian Country,” is managed by the chief executive officer of the Tribe with the same responsibilities as a governor, as outlined by
SARA Section 301. Since the 1990 amendment, EPA has delegated such ove rsight authority to Tribes for T itle III within their jurisdiction. Given this, 40 CFR part 372.30(a) needs to be revised to include guidance for facilities located in Indian Country; EPA’s Form R and Form R Schedule 1 must therefore be submitted to the official designated by the Chief Executive Officer of the tribe, as well as to EPA. 12 months

or less

### Action Initiation List

– December 2010 Page 3 of 8 RIN Action Title Stage Contact Abstract Projected

Publication

Date

2060

- AQ68 Residual Risk and Technology

Review for Secondary Lead

Smelters

NESHAP NPRM Chuck French

919

- 541

- 7912 French.Chuck@epa.gov

Follow this rule on the Rulemaking Gateway

. This action is the Risk and Technology Review (RTR) for Secondary Lead Smelters. It will address both EPA's obligation under Clean Air Act (CAA) section 112(f)(2) and 112(d)(6) to conduct a residual risk review and to conduct a technology review. Under the "technology review" provision of CAA section 112, EPA is required to review maximum achievable control technology (MACT) standards and to revise them “as necessary (taking into account developments in practices, processes and control technologies)” no less frequently than every 8 years. Under the "residual risk" provision of CAA section 112, EPA must evaluate the MACT standards within 8 years after promulgation and promulgate standards if required to provide an ample margin of safety to protect public health or

preven t an adverse environmental effect.

The MACT standards for Secondary Lead Smelters, which are

also known as the National Emissions Standards for Hazardous Air Pollutants (NESHAP) for Secondary Lead Smelters, were promulgated on June 23, 1995 under Clean Ai r Act Section 112(d). The standards establish emission limitations and work practice standards for all new and existing secondary lead smelters that produce refined lead from lead scrap, mainly recycled spent lead acid batteries. The RTR for secondary lead smelters will be conducted in this rulemaking. These reviews will address possible residual risks, technology advancements, and technical deficiencies in the existing
NESHAP. 12 months

or less

2060

- AQ69 Response to the
Section 126

Petitions from

New Jersey NPRM Todd Hawes

919

- 541

- 5591 Hawes.Todd@epa.gov This rule responds to Clean Air Act Section 126 petitions filed by New Jersey Department of Environmental Protection (NJDEP). NJDEP submitted its first petition to EPA requesting a finding that the Portland Power Plant in Northampton County, Pennsylvania contributes significantly to NJ’s ability to

attain and maintain the 24

- hour PM2.5 NAAQS and the 3

- hour

and 24

- hour SO2 NAAQS. NJDEP submitted a second petition requesting a finding that the Portland plant contributes significantly to NJ’s ability to attain and maintain the new 75 ppb 1

- hour SO2 NAAQS. This action will constitute EPA’s response to those petitions. 12 months

or less

### Action Initiation List

– December 2010 Page 4 of 8 RIN Action Title Stage Contact Abstract Projected

Publication

Date

2060

- AQ70 Greenhouse Gas Reporting Program Re

proposal of Confidentiality

Determinations
for Certain Part

98 Source Categories NPRM Barbora Master

202

- 343

- 9899 Master.Barbora@epa.gov This action re

- proposes the Confidential Business Information (CBI) determinations for certain source categories in the Greenhouse Gas Reporting Program that were finalized in the fall of 2010. A proposed determination regarding whet her the data reporting elements would be made available to the public or be entitled to confidential treatment was originally proposed in July 2010 (75 FR 39094, July 7, 2010). For a limited number of source categories, these proposed determinations were

b ased on proposed rules that had not yet been finalized. Because these source categories have now been finalized, and because the data reporting elements have changed significantly since proposal, EPA is re

- proposing the confidentiality determinations for t hese source categories. 12 months

or less

2060

- AQ71 Correction to

Insert Credible

Evidence Language Missing From the Compliance

Certification

Provisions for Operating Permits Programs NPRM Grecia Castro

919

- 541

- 1351 Castro.Grecia@epa.gov This rule will amend the compliance certification provisions to restore a sentence removed by error in a previous amendment. The June 27, 2003, final rule that amended the Compliance Certification Requirements language inadvertently omitted the following sentence: “If n ecessary, the owner or operator also shall identify any other material information that must be included in the certification to comply with section 113(c)(2) of the Act, which prohibits knowingly making a false certification or omitting material informati on.” The Inspector General (IG) report strongly recommends that the language

should be restored to maximize the effectiveness of "all credible evidence" regulations. EPA agrees with the recommendation and is taking action to correct this error by restoring the omitted sentence in the rules. 12 months

or less

### Action Initiation List

– December 2010 Page 5 of 8 RIN Action Title Stage Contact Abstract Projected

Publication

Date

2060

- AQ72 Standards of

Performance for New Stationary
Sources and

Emission
Guidelines for Existing Sources:

Other Solid Waste

Incineration Units NPRM Ketan Patel

919 541

- 9736

Patel.K etan@epa.gov EPA promulgated emissions standards for Other Solid Waste Incineration (OSWI) units on December 16, 2005. Units covered under this rule include certain very small municipal

wa ste combustion and institutional waste incineration units.
Because EPA did not have emissions test data on OSWI units specifically, the 2005 rulemaking was based on test data from hospital, medical, infectious waste incineration (HMIWI) units,

which were c onsidered to be similar to OSWI units. EPA did not issue standards or guidelines for sewage sludge incinerator units, pathological waste incinerator units, and other categories of units. In 2007, the D.C. Circuit Court of Appeals issued a decision vacating EPA’s definition of “solid waste incineration unit”. In that decision, the court held that any facility that combusts any solid waste material is a

commercial or industrial solid waste incineration unit. Based on that decision, EPA has reevaluated some o f the categories of units for which EPA did not issue standards or guidelines in
the 2005 OSWI rule

-- for example, pathological waste

incinerators

-- and concluded that such units are in fact solid waste incineration units and as such must be regulated un der
C lean Air Act section 129. This rule will require that an information collection request (ICR) be used to gather data necessary to develop maximum achievable control technology (MACT) floors and emission limits for the various subcategories of OSWI. M ore than

12 months

2060

- AQ73 Prevention of Significant

Deterioration (PSD) and

Nonattainment
New Source Review (NSR):

Reconsideration

of Inclusion of Fugitive Emissions; Proposed Rule;
Corrections to Existing Stay NPRM and

Interim Final Peter Keller

919

- 541

- 5339 Keller.Peter@epa.gov This rulemaking is making technical corrections to the existing stay of the final Fugitive Emissions Rule, 2060

- AM91, which was published in December 2008. This rule requires that fugitive emissions be included in determi ning whether a physical or operational change results in a major modification only for sources in industries that have been designated by the Clean Air Act. The existing stay was issued on March 31, 2010 and is in effect until October 3, 2011. This actio n corrects inadvertent errors contained in the existing stay and reinstates affected regulatory text that was unintentionally stayed. 12 months

or less

### Action Initiation List

– December 2010 Page 6 of 8 RIN Action Title Stage Contact Abstract Projected

Publication

Date

2060

- AQ74 Amendments to
NESHAP for Area Sources: Plating and Polishing NPRM and

Direct Final Donna Lee Jones

919

- 541

- 5251 Jones.Donnalee@epa.gov On June 12, 2008, EPA issued national emission standards for control of hazardous air pollutants (HAP) for the plating and polishing ar ea source category under section 112 of the Clean Air Act. In this action, EPA is taking direct final action

to amend the national emission standards for HAP (NESHAP) for the plating and polishing area source category. These final amendments clarify that the emission control requirements of the plating and polishing area source NESHAP do not apply to any bench

- scale activities. Also,

several technical corrections and clarifications that do not make significant changes in the rule’s requirements have

been made to the rule text. We are making these amendments by direct final rule, without prior proposal,

because we view these revisions as noncontroversial and anticipate no adverse comments. 12 months or

less

2070

- AJ87 Claiming

Chemical and Microorganism Identity as CBI in

Data from Health and Safety

Studies

Submitted Under

TSCA Prior to the
Commencement

of Manufacture NPRM Ryan Wallace

202

- 564

- 8824 Wallace.Ryan@epa.gov EPA is developing proposed amendments to its new chemical and microorganism pre

- manufacturing regulations with respect to the information submitted to the EPA under the Toxic Substances Control Act (TSCA). The EPA is developing regulations so that the procedures for claiming chemical or microorganism identity as confidential busin ess information (CBI) in data from health and safety studies are consistent with the language of section 14(b) of TSCA. This action will increase transparency related to chemicals and microorganisms undergoing review prior to the

commencement of manufactur e, and is also likely to increase the availability to the general public of health and safety data on chemicals in commerce. 12 months or

less

### Action Initiation List

– December 2010 Page 7 of 8 RIN Action Title Stage Contact Abstract Projected

Publication

Date

2070

- AJ88 HBCD (Hexabromocyclo dodecane) Used in Textiles; Significant New

Use Rule NPRM Sue Slotnick

202 566

- 1973 Slotnick.Sue@epa.gov EPA is proposing a significant new use rule (SNUR) under section 5(a)( 2) of the Toxic Substances Control Act (TSCA) for the use of HBCD (Hexabromocyclododecane) in
consumer textiles. HBCD is a brominated flame retardant used in polystyrene foam for thermal insulation boards, in electrical and electronic applications, and com mercial

textiles. The chemical is found world

- wide in the environment and wildlife. HBCD is transported long distances in the environment, it bioaccumulates and biomagnifies in the food chain, and is highly toxic to aquatic organisms. Human exposure is evi denced from its presence in breast milk, adipose tissue, and blood. Animal test results indicate that HBCD causes potential reproductive, developmental and neurological effects.

EPA has evidence to suggest that the use of HBCD in textiles may be limited to specialty commercial applications.
EPA believes that use of HBCD in consumer textiles would constitute a significant new use. The SNUR would require persons who intend to manufacture, import, or process HBCD for the designated significant new use to not ify EPA at least 90 days before commencing such use. The required notification would provide EPA with the opportunity to evaluate the intended use and, if necessary, to prohibit or limit that activity before it occurs. 12 months or

less

### Action Initiation List

– December 2010 Page 8 of 8 

# 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 approved for commencement by EPA's
Regulatory Policy Officer. In rare instances, an action will not appear on an AIL before it appears in the Agenda . Also, keep in mind that AILs will not post immediately.
You can access a given month's list roughly 15 days after the close of the month (e.g., the Ap ril 2008 AIL will post sometime around May 15 th ).



# 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 component of the U.S. General Services

Administration, to identify each regulatory action listed in our Semiannual Regulatory Agenda and Annual Regulatory Plans . Also, RINs are included 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 EPA RIN is 2050

- AG37. It is composed
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 the Office of Solid Waste and Emergency Response. The second part (e.g., AG37) is an alpha

- numeric code automatically generated as rules are assigned a RIN.



## 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 to the end when it

is published as a final rule (or other action) in the Federal Register. For example, the Notice of Proposed Rulemaking (NPRM) stage announces a propo sed 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



## C ontact: Provides the name, phone, and email address for the EPA staff person assigned 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.



## Abstract: A brief summary of th e 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 to predict a firm publication date when we

have just started working on an action. Therefore, we insert one of two options in the "Projected Publication Date" c olumn: 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.