### Action Initiation List

– September 2010 Page 1 of 7 

## September 2010 Action Initiation List , corrected ( a s 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 e ach element of the

table c an 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

u pda tes on the actions listed herein. Updates on priority rulemakings are availabl e 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 tabl e below. For all rules

– those

that are i n 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

D rinking 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 Conta minant 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 ov erlaps, 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 ww w.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 N ational 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 “leg acy” 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 app lication 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 form s (e.g. C lean 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 elemen ts 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, an d 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

Prom ulgation 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 wil l 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 wil l 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 A ir 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 R egion 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 expect ed 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 a nd 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 emis sions 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 n ew 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

- 5 41 469 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 revis ed 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 pe titions 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 isola tes 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 pestici de 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 remain s 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 Projec ted

Publication

Date

2070

- AJ81 Short

- Chained
Chlorinated

Paraffins (SCCPs); Significant New Use Rule (SNUR) NPRM Tom Simons

202

- 566

- 0517
Simon s .Tom@epa.gov EPA intends to designate any new manufacture or import of
Short

- chained Chlorinated Paraffins (SC CPs) 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 g ives 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

2 070

- 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 lead

based paint hazards in most pre

- 1978 housing and child

occupied 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 o f 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 impor tant 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 TSC A 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 rar e 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. G eneral Se vices 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 Respo nse. 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 (o r 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 Rulemakin g (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 t he 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 EP A'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 pre dict 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.