Action Initiation List – December 2009 Page 1 

December 2009 Action Initiation List, corrected (as of 02/02/2010) 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 elefound 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 w

actions listed herein. Updates on the progress of these actions will be made available in EPA’s upcoming Semiannual Regulatory 

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=200

To assist you in tracking actions’ progress, the RINs in the table below are also displayed in the Semiannual Regulatory Agenda.
Action Initiation List – December 2009 Page 2 

RIN Action Title Stage Contact Abstract 

2040-AF14 Effluent 

Limitations Guidelines and Standards for the Steam Electric Power Generating Point Source Category 

NPRM Ronald Jordan 

202-566-1003 Jordan.Ronald@epa.gov 

EPA establishes national technology-based regulatieffluent guidelines, to reduce discharges of pollutanindustries to waters of the U.S. and publicly owned works. These requirements are incorporated into NaPollutant Discharge Elimination System (NPDES) dpermits issued by EPA and states. The steam electguidelines apply to steam electric power plants usinfossil fuels, such as coal, oil and natural gas. There 1,200 nuclear- and fossil-fueled steam electric powenationwide; approximately 500 of these power plantfired. In a study completed in 2009, EPA found that regulations, which were last updated in 1982, do noaddress the pollutants being discharged and have nwith changes that have occurred in the electric powover the last three decades. The rulemaking will adddischarges from ash ponds and flue gas desulfurizapollution controls, as well as other power plant wastPower plant discharges can have major impacts on including reduced organism abundance and species contamination of drinking water sources, and other Pollutants of concern include metals (e.g., mercury, selenium), nutrients, and total dissolved solids. 

2040-AF15 National Primary 

Drinking Water Regulations for Lead and Copper: Regulatory Revisions – Proposed Rule 

NPRM Jeffrey Kempic 

202-564-4880 Kempic.Jeffrey@epa.gov 

EPA promulgated a set of short-term regulatory revclarifications on October 10, 2007, to strengthen imof the existing Lead and Copper Rule. In developing term revisions, EPA identified several regulatory chconsidered as part of identifying more comprehensithe rule. These considerations are longer-term in narequire additional data collection, research, analysisstakeholder involvement to support decisions. This addresses the remaining regulatory revisions to be the 2013 timeframe. Regulatory changes to be addrinclude changes to flushing guidance and sample cfollowing a partial lead service line replacement; leareplacement programs; potential changes to the samselection criteria for lead and copper sites; guidance corrosion control treatments; tap sampling issues instagnation flushing, aerator removal, and maximum times; and consecutive water systems. 
Action Initiation List – December 2009 Page 3 

RIN Action Title Stage Contact Abstract 

2040-AF16 Water Quality 

Standards Regulatory Clarifications 

NPRM Grace Robiou 

202-566-2975 Robiou.Grace@epa.gov 

EPA is proposing a few targeted clarifications to quality standards regulation to improve its effectivhelping restore and maintain the Nation’s watersregulatory interpretations in the rulemaking are uneeded to help reduce the rate of new water quaimpairments and increase the rate of water qualitimprovements. The clarifications will also help stroperations and improve public participation in staprocesses. Investing in these regulatory revisions produce benefits almost immediately, but will also position Clean Water Act programs to address enissues in the future such as climate change. The requirements of the current regulation have been since 1983. These requirements have served wethe foundation for all water quality-based controls been put in place since then, including effective TNPDES permit programs. EPA does not believe to overhaul the current regulation or associated gpolicy. Rather, the intent of the proposal is to proand regulatory tools to address the issues descri

2050-AG59 SPCC 

Compliance Date Extension 

NPRM Vanessa Principe 

202 564-7913 principe.vanessa@epa.gov 

On November 13, 2009, EPA amended the Spill Control, and Countermeasures (SPCC) rule. The completed the SPCC action proposed on OctobeFR 58378), finalized on December 5, 2008 (73 Ffor which the Agency considered public commenFebruary 2009 (74 FR 5900, February 3, 2009). EPA recognizes that because of the changes in tand specifically provisions that have been removDecember 2008 Amendments, facilities may neetime to comply with the SPCC amendments. Becuncertainty surrounding the final amendments to December 5, 2008 rule and the delay of the effecAgency will propose to extend the compliance da
Action Initiation List – December 2009 Page 4 

RIN Action Title Stage Contact Abstract 

2060-AQ09 Revisions to 

Motor Vehicle Fuel Economy Label 

NPRM Lucie Audette 

734-214-4850 Audette.Lucie@epa.gov 

EPA is responsible for developing the fuel econoare posted on window stickers of all new light duttrucks sold in the U.S. and, beginning with the 20year, on all new medium-duty passenger vehicles that includes large sport-utility vehicles and passIn 2006 EPA updated how the city and highway fvalues are calculated, to better reflect typical rea

patterns and provide more realistic fuel economy Since then, increasing market penetration of advtechnology vehicles, in particular plug-in hybrid evehicles and electric vehicles, will require new meffectively convey information to consumers. This amend the way in which fuel economy estimates calculated and/or displayed. The changes in this impact the Corporate Average Fuel Economy req

2060-AQ10 Review of New 

Source Performance Standards for Nitric Acid Plants - Subpart G 

NPRM Bill Neuffer 

919-541-5435 Neuffer.Bill@epamail.epa.gov 

Section 111(b)(1)(B) of the Clean Air act mandat

review and if appropriate revise existing New SouPerformance Standards (NSPS) at least every 8 NSPS was initially promulgated in 1971. This NSreviewed in 1979 and 1984. On October 2009, Einto a consent decree with several environmentadecree requires proposed revisions to be made b2010 and final revisions to be made by Novembe

2060-AQ11 Risk and 

Technology Review for Ferroalloys Production 

NPRM Conrad Chin 

919-541-1512 Chin.Conrad@epa.gov 

Under the "technology review" provision of Clean (CAA) section 112, EPA is required to review maachievable control technology (MACT) standards them "as necessary (taking into account developpractices, processes and control technologies)" nfrequently than every 8 years. Under the "residuaprovision of the CAA section 112, EPA must evalMACT standards within 8 years after promulgatiopromulgate standards if required to provide an amof safety to protect public health or prevent an adenvironmental effect. EPA has combined the two activities into the "risk and technology" (RTR) revFerroalloys Production source category. This souwas originally part of the Group 3 previously liste5196 (RIN 2060-AO97). 
Action Initiation List – December 2009 Page 5 

RIN Action Title Stage Contact Abstract 

2070-AJ65 General 

Exemptions from Reporting Requirements for Microorganisms; Revisions of Recipient Organisms Eligible for Tier I and Tier II Exemptions 

NPRM Miriam Wigginslewis 

202-564-9373 

Wigginslewis.Miriam@epa.gov 

In 1997, EPA promulgated a final rule under sectToxic Substance Control Act (TSCA) to establish notification procedures for review of certain new microorganisms before they are introduced into c‘‘New’’ microorganisms are those formed by delibcombinations of genetic material from organisms different taxonomic genera. This review process to prevent unreasonable risk of injury to human henvironment without imposing unnecessary reguburdens on the biotechnology industry. The rule aestablished TSCA section 5(h)(4) exemptions froreporting when 10 specific microorganisms are u

recipient microorganisms for the introduced geneand placed requirements on these recipient microthe introduced genetic material, and the physical (40 CFR 725, Subpart G). The rule also establishmechanism (40 CFR 725.67) for the public to petAgency to propose additional recipient microorgasuch exemptions. These regulations describe the supporting information that must be submitted wito provide EPA with a starting point for determinithe recipient should be listed as a candidate for texemption. EPA has received petitions to add twmicroorganisms to the eligible recipient microorgin 40 CFR 725.420 (Trichoderma reesei and Bacamyloliquefaciens). EPA is evaluating the informaprovided in these petitions. If, as result of this evamakes a preliminary determination that one or bomicroorganisms will not present an unreasonable to health or the environment, then EPA will propogrant the exemption petition for that microorganis
Action Initiation List – December 2009 Page 6 

RIN Action Title Stage Contact Abstract 

2070-AJ66 Testing of Certain 

High Production Volume Chemicals and Existing Chemicals Significant New Use Rule: Fourth Group of Chemicals 

NPRM Paul Campanella 

202-564-8091 Campanella.Paul@epa.gov 

This entry covers the fourth group of chemicals fois developing a test rule under section 4(a) of the Substance Control Act (TSCA) to require testing recordkeeping requirements for certain high prod(HPV) chemicals i.e., chemicals which are manuf(including imported) in the aggregate at more thapounds on an annual basis. EPA is also developsignificant new use rule (SNUR) under section 5(for the fourth group of chemicals. The fourth grouincludes 36 chemicals which were sponsored undChallenge Program but for which no data has beSixteen (16) chemicals, according to the 2006 IUproduced at 1 million pounds or more per year, breported HPV data for them and the amount of exthem is unclear. The data generally collected with based on specific data needs for the particular chinclude acute toxicity, repeat dose toxicity, mutagecotoxicity, and environmental fate. The SNUR wpersons who intend to manufacture, import, or prchemical substances for an activity that is designsignificant new use by this proposed rule to notify 90 days before commencing that activity. This rewill provide EPA the opportunity to evaluate intennew uses and associated activities before they onecessary, to prohibit or limit those uses or activi

2070-AJ67 Significant New 

Use Rule for Nanoscale Materials 

NPRM Jim Alwood 

202-564-8974 Alwood.Jim@epa.gov 

EPA is developing a significant new use rule (SNsection 5(a)(2) of the Toxic Substances Control Ananoscale materials. This action would require peintend to manufacture, import, or process this/thesubstance(s) for an activity that is designated as new use by this proposed rule to notify EPA at lebefore commencing that activity. The required nowould provide EPA with the opportunity to evaluaintended use and, if necessary, to prohibit or limibefore it occurs to prevent unreasonable risk to hor the environment. 
Action Initiation List – December 2009 Page 7 

RIN Action Title Stage Contact Abstract 

2070-AJ68 TSCA Inventory; 

Clarification for Chemical Identification Describing Statutory Mixtures, Including Ceramic Materials, Cements, and Frits for TSCA Inventory Purposes 

NPRM David Schutz 

202-564-9262 Schutz.David@epa.gov 

EPA is clarifying the guidance on chemical identicertain statutory mixtures for purposes of the TSCSubstance Act Inventory (TSCA Inventory). For t

reporting period that established the TSCA Inven

developed broad listing criteria ("category listingscomplex reaction products known as statutory minclude ceramics, cements and frits. Since that tibeen inconsistent guidance for manufacturers of substances with regard to whether new chemical under Section 5 of TSCA was required for such nsubstances. Under this action, EPA will clarify whsubstances comprise complex reaction products the "category listings" and which chemical substacurrently on the TSCA Inventory) would be consi"new" chemical substances under TSCA and thunew chemical notification under TSCA Section 5. 
Action Initiation List – December 2009 Page 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 fRegulatory Policy Officer. In rare instances, an action will not appear on an AIL before it appears in the Agenda. Also, keep in mind 

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 som

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 

Administration, to identify each regulatory action listed in our Semiannual Regulatory Agenda and Annual Regulatory Plans. Also, R

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 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 thEmergency Response. The second part (e.g., AG37) is an alpha-numeric code automatically generated as rules are assigned a RI

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 jit is published as a final rule (or other action) in the Federal Register. For example, the Notice of Proposed Rulemaking (NPRM) sta

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 

Contact Self-explanatory. 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 impossible to predict a firm publication date when w

on an action. Therefore, we insert one of two options in the "Projected Publication Date" column: 1) "12 months or less" and 2) "mooptions give you some idea of how quickly we expect to complete an action. You may consult our Semiannual Regulatory Agenda updates to our estimates.