Action Initiation List – October 2011 Page 1 of 5

October 2011 Action Initiation List (as of 11/03/2011)

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 Regulatory Development and 

Retrospective Review Tracker (RegDaRRT) on www.epa.gov/rulemaking/. 

If one of the rules on this AIL is in RegDaRRT, a link to the rule's profile is included in the table below. For all rules – those that are in 

RegDaRRT 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 

RegDaRRT. 
Action Initiation List – October 2011 Page 2 of 5

RIN Action Title Stage Contact Abstract

Projected

Publication 

Date

2050-AG69 Oil Pollution 

Prevention; Spill 

Prevention, 

Control, and 

Countermeasure 

(SPCC) Rule—

Compliance Date 

Amendment for 

Farms

NPRM Lynn Beasley

202-564-1965

Beasley.Lynn@epa.gov

EPA is considering amending the date by which certain farms 

must prepare or amend, and implement their Spill Prevention, 

Control, and Countermeasure Plans from November 10, 2011

to May 10, 2013.

12 months or 

less

2060-AR10 Prevention of 

Significant 

Deterioration and 

Title V 

Greenhouse Gas 

Tailoring Rule Step 

3

NPRM Michael S Brooks

919-541-3539

Brooks.MichaelS@epa.gov

Follow this rule on Reg 

DaRRT

This rule will further tailor the applicability criteria that determine 

which stationary sources and modification projects become 

subject to permitting requirements for greenhouse gases 

emissions under the Prevention of Significant Deterioration 

(PSD) and title V programs of the Clean Air Act. In this rule, 

EPA will establish the third phase of the phase-in approach, 

which we refer to as Step 3. Step 3 may apply PSD and title V 

to additional sources, effective July 1, 2013.

12 months or 

less

2060-AR12 Revised 

Regulation for 

Environmental 

Radiation 

Protection 

Standard for 

Nuclear Power 

Operations - 40 

CFR Part 190

ANPRM Brian Littleton

202-343-9216

Littleton.Brian@epa.gov

Follow this rule on Reg 

DaRRT

EPA’s Office of Radiation Programs issued “Environmental 

Radiation Protection Standards for Nuclear Power Operations” 

in 1977. Since issuance of the standards, the understanding of 

radiation risk and dose to humans has advanced and new 

methodologies have been developed to calculate radiation 

doses. In view of the developments over the past decades, EPA 

is evaluating how to update the Environmental Radiation 

Protection Standards for Nuclear Power Operations in 40 CFR 

Part 190. An updated rule would draw on updated science and 

clarify how safety should be demonstrated. EPA is issuing this 

ANPRM to solicit public input on general questions and 

approaches on what aspects of the rule should be updated.

12 months or 

less
Action Initiation List – October 2011 Page 3 of 5

RIN Action Title Stage Contact Abstract

Projected

Publication 

Date

2060-AR27 Amendments to 

Part 63 Subpart 

YYYYY Electric 

Arc Furnace Area 

Source Standard

NPRM Donna Lee Jones

919-541-5251

Jones.Donnalee@epa.gov

Follow this rule on Reg 

DaRRT

This action will propose to amend the Maximum Achievable 

Control Technology (MACT) standard for mercury in the 

Electric Arc Furnace (EAF) area source rule to develop an 

emission limit for mercury. This limit will replace the 

mercury switch program as MACT. The states and 

environmental groups asked the EPA to reconsider the 

MACT work practice standard for mercury from the 2007 

promulgated rule because they believe the switch program 

has had a much lower success rate than expected, and is 

unenforceable since only self-certification is required to 

comply with the MACT. In addition, the basis for the work 

practice promulgated as MACT in 2007 is no longer valid 

since mercury emissions can be collected, measured, and 

controlled at EAF as evidenced by over 30 facilities out of 

the 91 area EAFs that have measured mercury emissions 

and one facility that is collecting and controlling mercury 

under a state (NJ) mercury limit.

12 months or 

less

2060-AR28 Prevention of 

Significant 

Deterioration 

(PSD) for 

Particulate Matter 

Less Than 2.5 

Micrometers 

(PM2.5)—

Increments, 

Significant Impact 

Levels (SILs) and 

Significant 

Monitoring 

Concentration: 

Reconsideration

NPRM Dan Derock

919-541-5593

Deroeck.Dan@epa.gov

This rule will propose three provisions that were contained 

in the 2010 final rule promulgating particulate matter (PM) 

2.5 increments, Significant Impact Levels, and Significant 

Monitoring Concentrations for PM2.5. The reason that EPA 

is “re-proposing” these three actions is because the Texas 

Commission on Environmental Quality (TCEQ) filed a 

Petition for Reconsideration to the Administrator 

challenging several actions contained in the 2010 final rule. 

In response to the TCEQ petition, EPA agreed to 

reconsider, by re-proposing, the following three provisions: 

1) The revised definition of “baseline area” that includes a 

new significance level for PM2.5, which is used for 

determining whether a particular attainment or 

unclassifiable area should be included in the baseline area 

for the PM2.5 increments; 2) The requirement that PM2.5 

precursor emissions be included in the significant impact 

analysis; and 3) The level selected for the Significant 

Monitoring Concentration for PM2.5. In each case, the 

TCEQ claimed that EPA did not provide an opportunity for 

public comment prior to issuing the provisions as part of the 

2010 final rule.

12 months or 

less
Action Initiation List – October 2011 Page 4 of 5

RIN Action Title Stage Contact Abstract

Projected

Publication 

Date

2060-AR29 Revisions to the Air 

Emissions 

Reporting 

Requirements: 

Revisions to lead 

(Pb) reporting 

threshold and 

clarifications to 

technical reporting 

details

NPRM Marc Houyoux

919-541-3649

Houyoux.Marc@epa.gov

The existing Air Emissions Reporting Requirements 

(AERR) in 40 CFR Part 51 include a reporting threshold of 

5 tons per year for lead (Pb). This action will propose 

bringing that threshold into line with the requirements of the 

revised Pb national standards (NAAQS) and its associated 

monitoring requirements of 0.5 tons per year. This action 

will also include technical corrections to Appendix A of 

subpart A of the AERR final rule to make it consistent with 

the final implementation of the Emission Inventory System 

(EIS), which is used to collect the data required as part of 

the AERR. This action will propose requiring state, local, 

and tribal agencies to collect emissions data from additional 

Pb sources with lower emissions. It will also reduce 

confusion that now exists because of current final rule 

inconsistencies between the technical specifications of EIS 

and data elements and other features of Appendix A. It will 

affect state, local, and tribal agencies that are responsible 

for submitting data to EIS by requiring them to collect and 

submit data for more Pb sources. The action will also clarify 

for these data submitters the technical elements of their 

submissions to the EIS.

12 months or 

less

2060-AR30 Prevention of 

Significant 

Deterioration (PSD) 

for Particulate 

Matter Less Than 

2.5 Micrometers 

(PM2.5): Revision 

of Definition of 

“Regulated NSR 

Pollutant” for 

Particulate Matter 

Emissions to Clarify 

that PM Does Not 

Include 

Condensable 

Emissions

NPRM Dan Derock

919-541-5593

Deroeck.Dan@epa.gov

EPA has not traditionally required the consideration of 

condensable particulate matter (PM) when measuring PM 

emissions to determine applicability of Prevention of 

Significant Deterioration permit requirements to new or 

modified sources. When we recently revised permitting 

requirements, EPA inadvertently included such a 

requirement. This action proposes removing that 

requirement.

12 months or 

less
Action Initiation List – October 2011 Page 5 of 5

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 2011 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

•Interim Final – Interim 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 RegDaRRT 

(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.