### Action Initial List

– November 2010 Page 1 of 7 

## November 2010 Action Initiation List (as of 1 2 / 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 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 thos e 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 Semiannu al 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 da ta 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 Natio nal 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 m

cumenyl 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 wit h 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

o rder 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 s o, 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 pub lished 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 exis ting 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 provisio n. 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 em issions during periods of startup, shutdown, and malfunction. Additionally, this action finalizes changes to correct editorial errors, make s clarification s , 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 sourc e 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 pr oposed 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 GHG

emitting 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 t he 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 specifica lly 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 numer ous 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 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 a n 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 Emer gency 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 acti on) 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

- No tice 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



## C ontact: Provides the name, phone, and email ad dress 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) "m ore than 12
months." These options give you some idea of how quickly we expect to complete an action.