Action Initial List – November 2010 Page 1 of 7

November 2010 Action Initiation List (as of 12/01/2010)

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 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 Initial List – November 2010 Page 2 of 7

RIN Action Title Stage Contact Abstract

Projected

Publication 

Date

 2025-AA30 Require 

Electronic 

Reporting under 

EPCRA Section 

313

NPRM David Turk

202-566-1527

Turk.David@epa.gov

Currently, facilities may submit Toxics Release Inventory 

(TRI) reporting forms electronically or by paper. Generally, 

the percentage of reporters who submit TRI reporting forms 

electronically has grown, with over 94% of reporters 

submitting electronically for the TRI 2009 reporting year. 

This proposed rule would require facilities to use the Toxics 

Release Inventory-Made Easy Web (TRI-MEweb) software 

to submit their TRI reports electronically. TRI-MEweb assists 

facilities in several ways as they input data and provide

useful data quality checks. Removing paper submissions 

would also help minimize errors in the TRI National 

Database because the TRI Program must enter paper 

submissions into an electronic database before incorporating 

them into the TRI National Database, which can result in 

inadvertent transcription errors. Moreover, because it takes 

more time and resources to process paper submissions than 

electronic ones, requiring electronic submissions would 

expedite the publishing of the TRI data for use by States, 

Tribes, agencies, and the public.

Under this rule, for any regulated chemical a facility claims 

as a trade secret, facilities will continue to submit physical 

versions of the substantiation and TRI reporting forms. 

With the exception of trade secret information, this rule will 

modify 40 C.F.R. § 372.85 to require regulated facilities to 

use TRI-MEweb to submit their TRI reports.

12 months 

or less
Action Initial List – November 2010 Page 3 of 7

RIN Action Title Stage Contact Abstract

Projected

Publication 

Date

2050-AG65 Land Disposal 

Restrictions: 

Revision of the 

Treatment 

Standard for mcumenyl 

methylcarbamate

NPRM and 

Direct Final

Mary Jackson

703-308-8453

Jackson.Mary@epa.gov

EPA is considering revising the Land Disposal Restrictions 

(LDR) treatment standards for the hazardous waste 

m-cumenyl methylcarbamate (EPA hazardous waste code 

P202). There is no analytical standard available with which 

to measure compliance with the current LDR treatment 

standards; which are expressed as numeric concentration 

limits that must be met before the waste can be land 

disposed. An analytical standard is a standard reference 

material that is used to calibrate analytical instruments in 

order to confirm detection and quantification of a hazardous 

waste. We are considering providing alternative LDR 

treatment standards for wastewater and nonwastewater 

forms of m-cumenyl methylcarbamate, which are expressed 

as a required method of treatment, thus eliminating the need 

for analytical testing to determine if the numeric 

concentration limits have been met. In addition, we are 

considering removing m-cumenyl methylcarbamate from the 

table of Universal Treatment Standards at 40 CFR 268.48. 

By doing so, this hazardous waste constituent would not be 

classified as an underlying hazardous constituent (UHC) that 

requires treatment in wastes that display the characteristic of 

ignitability, reactivity, corrosivity, and/or toxicity.

12 months 

or less
Action Initial List – November 2010 Page 4 of 7

RIN Action Title Stage Contact Abstract

Projected

Publication 

Date

2060-AQ59 National Emission 

Standards for 

Hazardous Air 

Pollutants From 

the Portland 

Cement 

Manufacturing 

Industry and 

Review of New 

Source 

Performance 

Standards for 

Portland Cement 

Plants -

Clarification

Final Keith Barnett

919-541-5605

Barnett.Keith@epa.gov

In this action, EPA is clarifying provisions of the National 

Emission Standards for Hazardous Air Pollutants (NESHAP) 

and correcting a minor error in the New Source Performance 

Standards (NSPS) for the Portland Cement Manufacturing 

Industry, RIN 2060-AO15. These rules were published in 

the Federal Register on September 9, 2010 and take effect 

on November 8, 2010. 

The final rule NESHAP amendments were unclear 

concerning compliance dates for some sources, and did not 

make clear that emission limits currently in effect for existing 

sources remain in effect until the compliance date of the new 

emission standards. We also omitted text in one column in 

Table 1 of §63.1343(b). In the NSPS we inadvertently 

omitted a required rule reference in the incorporation by 

reference provision. This action clarifies the compliance 

dates and emissions limits, and corrects the two minor 

errors. 

12 months 

or less 

2060-AQ60 National Emission 

Standards for 

Hazardous Air 

Pollutants for 

Hard and 

Decorative 

Chromium 

Electroplating, 

Chromium 

Anodizing, and 

Steel Pickling 

Residual Risk and 

Technology 

Review

Final Phil Mulrine

 919-541-5289

 Mulrine.Phil@epa.gov

Follow this rule on the 

Rulemaking Gateway.

This action finalizes how EPA will address the residual risk 

and technology reviews conducted for two national emission 

standards for hazardous air pollutants (NESHAP). The two 

NESHAP include 6 source categories. It also addresses 

provisions related to emissions during periods of startup, 

shutdown, and malfunction. Additionally, this action finalizes 

changes to correct editorial errors, makes clarifications, and 

addresses issues with implementation.

12 months 

or less 
Action Initial List – November 2010 Page 5 of 7

RIN Action Title Stage Contact Abstract

Projected

Publication 

Date

2060-AQ61 National Emission 

Standards for 

Hazardous Air 

Pollutants for 

Group I Polymers 

and Resins 

Residual Risk and 

Technology 

Review

Final Randy McDonald

919 541-5402

McDonald.Randy@epa.gov

Follow this rule on the 

Rulemaking Gateway.

This action will address the residual risk and technology 

review (RTR) for Group I Polymers and Resins (P&R I). The 

proposal (RIN 2060-AO91) was signed on September 14, 

2010 and the final rule must be signed before June 30, 2011. 

P&R I covers nine source categories that produce 

elastomers. Final RTR decisions have already been made 

for four of the source categories. For the other five source 

categories we proposed that the current Maximum 

Achievable Control Technology (MACT) standards provide 

ample margin of safety and that there have been no 

advancements in technologies. We proposed to eliminate 

exemptions for periods of startup, shutdown and 

malfunction. Finally, EPA proposed new standards for 

significant emission points not previously regulated at five of 

the nine source categories.

12 months 

or less

2060-AQ62 Prevention of 

Significant 

Deterioration 

Greenhouse Gas 

Tailoring Rule 

Narrowing of 

State 

Implementation 

Plan (SIP) 

Approvals Rule 

(SIP Narrowing 

Rule)

Final Lynn Hutchinson

919-541-5795

Hutchinson.Lynn@epa.gov

This final action is another in a series of steps EPA is taking 

to implement the Prevention of Significant Deterioration 

(PSD) program for greenhouse gas (GHG)-emitting sources. 

EPA is finalizing its proposed rulemaking to narrow its 

previous approval of a number of State Implementation Plan 

(SIP) PSD programs that apply to GHG-emitting sources. 

Specifically, EPA is withdrawing its previous approval of 

those programs to the extent they apply PSD to GHGemitting sources below the thresholds in the Final Tailoring 

Rule, which EPA promulgated by Federal Register notice 

dated June 3, 2010 (RIN 2060-AP86). Having narrowed its 

prior approval, EPA asks that each affected state withdraw 

from EPA consideration the part of its SIP that is no longer 

approved.

12 months 

or less
Action Initial List – November 2010 Page 6 of 7

RIN Action Title Stage Contact Abstract

Projected

Publication 

Date

2060-AQ63 Action to Ensure 

Authority to 

Implement Title V 

Permitting 

Programs Under 

the Greenhouse 

Gas Tailoring

Rule: Final Rule

Final Jeff Herring

919-541-3195

Herring.Jeff@epa.gov

This final rule will ensure that state and local permitting 

authorities have adequate authority to implement their 

EPA-approved part 70 operating permitting programs 

consistent with the greenhouse gas tailoring rule. 

Specifically, this rule will narrow federal approval of 

specifically identified part 70 permitting programs that 

would otherwise require major source operating permits for 

sources below the greenhouse gas emission thresholds 

established under the final tailoring rule. In this way, this 

final rule will ensure that numerous small sources of 

greenhouse gasses will not be issued operating permits at 

emissions levels below those required under the tailoring 

rule. This action to narrow federal approval of part 70 

programs was described in the proposed tailoring rule, but 

EPA explained in the final tailoring rule (RIN 2060-AP86)

that the Agency was delaying action on this proposal until 

it determined how each state would implement the final 

tailoring rule; EPA has made such determinations, and it is

finalizing that proposal in this action.

12 months or 

less
Action Initial List – November 2010 Page 7 of 7

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

• 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.