Action Initiation List – December 2010 Page 1 of 8

December 2010 Action Initiation List (as of 1/05/2011)

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 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 Gateway 

(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. For 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’ progress, 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 

Toxic 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 Title 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 implementing authority for Title 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 oversight authority to Tribes for Title 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 

prevent 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 Air 

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 Reproposal 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 whether 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 

based 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 these 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 necessary, 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 information.” 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.Ketan@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 

waste 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 considered 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 of 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 under 

Clean 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.

More 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 determining 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 action 

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 area 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 business 

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 manufacture, 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 commercial 

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 evidenced 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 notify 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 April 2008 AIL will post sometime around May 15th).

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 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 Act

Contact: 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 the 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" 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.