Action Initiation List – September 2010 Page 1 of 7

September 2010 Action Initiation List, corrected (as of 10/13/2010)

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 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 – September 2010 Page 2 of 7

RIN Action Title Stage Contact Abstract

Projected

Publication 

Date

2040-AF24 National Primary 

Drinking Water 

Regulations; 

Arsenic and 

Clarifications to 

Compliance and 

New Source 

Contaminants 

Monitoring 

(Section 610 

Review)

Section 

610 

Review

Stephanie Flaharty

202-564-5072

Flaharty.Stephanie@epa.gov

On January 22, 2001, EPA revised the Maximum Contaminant 

Level (MCL) for arsenic to 0.010 mg/L (10.0 μg/L). This 

regulation applies to non-transient non-community water 

systems and to community water systems (66 FR 6976). While 

EPA has taken steps to evaluate and mitigate impacts on 

small entities as part of the promulgation of the Arsenic Rule, 

this new entry in the regulatory agenda announces that EPA 

will review the National Primary Drinking Water Rule (NPDWR) 

for arsenic pursuant to section 610 of the Regulatory Flexibility 

Act (5 U.S.C. 610). As part of this review, EPA will consider 

and solicit comments on the following factors: (1) The 

continued need for the rule; (2) the nature of complaints or 

comments received concerning the rule; (3) the complexity of 

the rule; (4) the extent to which the rule overlaps, duplicates, 

or conflicts with other Federal, State, or local government 

rules; and (5) the degree to which the technology, economic 

conditions or other factors have changed in the area affected 

by the rule. Comments must be received within 60 days of this 

notice. In submitting comments, please reference Docket ID 

EPA-HQ-OW-2010-0728 and follow the instructions provided 

in the preamble to this issue of the Regulatory Agenda. This 

docket can be accessed at www.regulations.gov.

More than 12 

months

2040-AF25 National Pollutant 

Discharge 

Elimination 

System (NPDES) 

Application and 

Program Updates 

Rule

NPRM Kathryn Kelley

202-564-7004

Kelley.Kathryn@epa.gov

EPA plans to update specific elements of the existing National 

Pollutant Discharge Elimination System (NPDES) in order to 

better harmonize regulations and application forms, improve 

permit documentation and transparency and provide 

clarifications to the existing regulations. This effort will deal with 

any “legacy” application, permitting, monitoring, and reporting 

requirements that have become obsolete or outdated due to 

programmatic and technical changes that have occurred over 

the past 20 years. Specifically, the focus will be on revising the 

NPDES permit application forms to specifically include all final 

agency data standards, improve the consistency between the 

application forms, update the applications to better reflect 

current program practices, and specifically incorporate new 

program areas into the forms (e.g. Clean Water Act section 

316(b) requirements for cooling water intake structures). This 

endeavor will also deal with other program elements including 

permit documentation procedures to improve the quality and 

transparency of permit development.

12 months 

or less
Action Initiation List – September 2010 Page 3 of 7

RIN Action Title Stage Contact Abstract

Projected

Publication 

Date

2050-AG64 Hazardous 

Chemical 

Reporting; 

Community 

Right-to-Know: 

Revisions to the 

Emergency and 

Hazardous 

Chemical 

Inventory Forms 

(Tier I and Tier 

II); 40 CFR Part 

370

NPRM Sicy Jacob

202-564-8019

Jacob.Sicy@epa.gov

EPA is revising the Emergency and Hazardous Chemical 

Inventory Forms (Tier I and II) under Section 312 of the 

Emergency Planning and Community Right-to-Know Act 

(EPCRA) to require additional data elements and revise some 

existing data elements.

More than 

12 months

2060-AQ51 Performance 

Specification 4C -

Specifications 

and Test 

Procedures for 

Low-level Carbon 

Monoxide 

Continuous 

Emission 

Monitoring 

Systems in 

Stationary 

Sources

Direct 

Final

Lula Melton

919-541-2910

Melton.Lula@epa.gov

This performance specification (PS) would be used to 

evaluate the acceptability of low-level carbon monoxide (CO) 

continuous emission monitoring systems (CEMS). Our 

existing performance specifications for CO (PS 4, 4A, and 4B) 

are unable to accommodate low CO levels. This performance 

specification is necessary to evaluate CEMS used to monitor 

low CO limits specified in upcoming regulations for boilers and 

incinerators.

12 months 

or less

2060-AQ55 Amendments to 

Delegation of 

Authority 

Provisions in the 

Prevention of 

Significant 

Deterioration 

Program

NPRM Regina Chappell

919-541-3650

Chappell.Regina@epa.gov

This amendment will be a policy update of a rule from several 

decades ago. It will amend the Part 52 Approval and 

Promulgation of State Implementation Plans, 1977 Clean Air 

Act Amendments to Prevention of Significant Deterioration 

(PSD) 52.21(u) Delegation of Authority. This rule will delete a 

section that restricts tribes from taking delegation of the PSD 

program. It will add tribes to paragraph 2 along with states 

and local air pollution control agencies. These changes are 

intended to ensure that tribes are treated the same as states 

and locals and to enable direct delegation of New Source 

Review to tribes. This rule will also update paragraph 

numbering and an erroneous cross reference to be consistent 

with the current program.

12 months 

or less
Action Initiation List – September 2010 Page 4 of 7

RIN Action Title Stage Contact Abstract

Projected

Publication 

Date

2060-AQ56 Clarifications to 

Indian Tribes' 

Clean Air Act 

Regulatory 

Requirements; 

Direct Final 

Amendments

Direct 

Final

Darrel Harmon

202-564-7416

Harmon.Darrel@epa.gov

This rule makes amendments necessary to provide regulatory 

clarity to Indian Tribes. The current CFR Part 49 entitled 

"Tribal Clean Air Act Authority" will be renamed to "Indian 

Country: Air Quality Planning and Management." The current 

title could be misread as only including requirements 

applicable to the granting of authority to Tribes under the 

Clean Air Act. The new title will clarify that the regulatory 

requirements within the Part deal more generally with the 

planning and management of air quality in Indian Country. 

Other changes will include moving sections 49.22, 49.23, and 

49.24 out of subpart A, which includes provisions relating

generally to tribal authority regardless of the EPA Region 

within which the tribe is located, to subpart L, Implementation 

Plans for Tribes in Region IX. These sections will be better 

organized so all Federal Implementation Plan activities that 

apply to Region IX Tribes will be located together under 

subpart L. Section 49.2 through 49.24 will become reserved 

sections.

12 months 

or less

2060-AQ57 Transport Rule to 

Address 2010 

Ozone Standards

NPRM Tim Smith

919-541-4918

Smith.Tim@epa.gov

Follow this rule on the 

Rulemaking Gateway.

This rulemaking would address the interstate transport 

requirements of the Clean Air Act as they relate to revised 

ozone standards expected to be published during 2010. On 

January 19, 2010, EPA proposed revisions to the ozone 

standards. If finalized, the new ozone standards would trigger 

a requirement for states to address any emissions that 

significantly contribute to downwind attainment and 

maintenance problems associated with the revised standards. 

Specifically, states are required by the Clean Air Act to 

prohibit emissions that “significantly contribute” to 

nonattainment of the revised ozone standard in other states, 

and to prohibit emissions that interfere with other states’ ability 

to maintain the revised ozone standard. In this rulemaking, 

EPA will evaluate the extent to which upwind states emissions 

of nitrogen oxides contribute to downwind states’ ability to 

attain and maintain the new ozone standard. EPA will also 

analyze numerous factors including control costs and the air 

quality improvements associated with those control costs to 

identify the portion, if any, of individual states' contributions 

that must be prohibited.

12 months 

or less
Action Initiation List – September 2010 Page 5 of 7

RIN Action Title Stage Contact Abstract

Projected

Publication 

Date

2060-AQ58 Reconsideration 

of Final National 

Emission 

Standards for 

Hazardous Air 

Pollutants for 

Reciprocating 

Internal 

Combustion 

Engines -

Compression 

Ignition 

Direct 

Final

Melanie King

919-541469

King.Melanie@epa.gov

On March 3, 2010, EPA issued a final rule establishing 

standards for emissions of hazardous air pollutants from 

existing stationary diesel engines located at major and area 

sources. The final rule revised the requirements for emergency 

stationary engines to allow operation for up to 15 hours per year 

in emergency demand response, if needed to maintain stability 

in the grid, as determined by the regional transmission 

organization. EPA has received two petitions to reconsider this 

decision to allow 15 hours of operation for emergency demand 

response for emergency stationary engines. EPA plans to issue 

a Federal Register notice announcing our decision to grant 

reconsideration and soliciting information and public comments 

on the emergency demand response issue. 

12 months 

or less

2070-AJ80 Pesticides; 

Clarifications for 

Microbial 

Pesticide 

Definitions and 

Applicability

NPRM Rose Kyprianou

703-305-5354

Kyprianou.Rose@epa.gov

EPA intends to propose two clarifications to text found in the 

Microbial Pesticides Definition and Applicability section (40 CFR 

158.2100). The first is a technical correction, replacing “part” 

with “subpart” in 40 CFR 158.2100(c)(1). The other clarification, 

involving revisions to 40 CFR 158.2100(c)(2), is in response to 

recent confusion over the distinction between isolates and 

strains and exactly how the Agency is considering both of these 

terms. In conjunction with the second change, EPA is also 

developing a new microbial pesticide guideline to explain the 

Deposition of a Sample in a Nationally Recognized Culture 

Collection data requirement, which is found in the tables in 40 

CFR 158.2120(c) and 40 CFR 158.2171(c). Presently, there is 

no guideline referenced in the tables for this requirement. 

Additionally, to clarify this microbial deposition data requirement, 

the Agency intends to propose adding a test note to the 

aforementioned tables, emphasizing the need for the continuing 

“maintenance” of a culture deposit to ensure it remains available 

in case the Agency requests a sample. Finally, EPA is 

proposing to remove incorrect references in 40 CFR 158.2120 

and 158.2171 to a paragraph (e) that does not exist.

12 months 

or less
Action Initiation List – September 2010 Page 6 of 7

RIN Action Title Stage Contact Abstract

Projected

Publication 

Date

2070-AJ81 Short-Chained 

Chlorinated 

Paraffins 

(SCCPs); 

Significant New 

Use Rule (SNUR)

NPRM Tom Simons

202-566-0517

Simons.Tom@epa.gov

EPA intends to designate any new manufacture or import of 

Short-chained Chlorinated Paraffins (SCCPs) as a "significant 

new use" under section 5 of the Toxic Substances Control Act 

(TSCA). Before the chemical can be manufactured or imported 

for the significant new use, a company would be required to 

provide advance notification to EPA. This approach gives EPA 

the opportunity to evaluate any concerns, and if necessary, 

regulate future manufacture, import, or uses associated with this 

chemical. EPA believes that this action is necessary because 

these chemical substances may be hazardous to human health 

and the environment. The required notice will provide EPA the 

opportunity to evaluate intended significant new uses and 

associated activities before they occur and, if necessary, to 

prohibit or limit those uses or activities.

12 months 

or less

2070-AJ82 Lead; Residential 

Lead Dust Hazard 

Standards

NPRM Christina Wadlington

202-566-1859

Wadlington.Christina@epa.gov

Follow this rule on the 

Rulemaking Gateway.

On August 10, 2009, EPA was petitioned under the 

Administrative Procedures Act (APA) to lower the residential lead 

dust hazard standards. Pursuant to section 403 of the Toxic 

Substances Control Act (TSCA), EPA promulgate regulations on 

January 5, 2001 (66 FR 1206) to establish standards for leadbased paint hazards in most pre-1978 housing and childoccupied facilities. Under these standards, lead is considered a 

hazard when equal to or exceeding 40 micrograms of lead in 

dust per square foot on floors, 250 micrograms of lead in dust 

per square foot on interior window sills, and 400 parts per million 

(ppm) of lead in bare soil in children's play areas or 1200 ppm 

average for bare soil in the rest of the yard. These standards 

provide a regulatory threshold and it is important to note that 

given the potential dangers related to lead poisoning, any 

exposure to deteriorated lead-based paint presents a hazard. In 

addition to this citizen's petition, the Clean Air Science Advisory 

Committee (CASAC) has advised EPA that based on recent 

epidemiological studies the current hazard standards are 

insufficiently protective. Therefore, based on the APA petition 

and CASAC recommendation, EPA will be analyzing current 

science to determine if new regulatory standards are required 

under TSCA section 403.

12 months 

or less
Action Initiation List – September 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 Sevices 

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

•Direct Final - Direct Final Action

•NPRM - Notice of Proposed Rulemaking

•Supplemental - Supplemental NPRM 

•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.