### Action Initiation List

– October 2011 Page 1 of 5 

## October 2011 Action Initiation List (as of 1 1/03 /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 ea ch 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 Develo pment 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/laws regs/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 Agen da 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 th ird 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 standar ds, 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 P rotection 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 Amen dments 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 propo se 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 gro ups 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 req uir ed 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 tha t 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 Commis sion 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 pr ovisions: 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
p ublic 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 b ring ing 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. T his 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 technic al 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 da ta 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 r evised 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 t he 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 i ncluded 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 R IN is 2 050

- 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 So lid Waste and Emergency Response. The second part (e.g., AG37) is an alpha

- numeric code automaticall y 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 Notic e 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 Regula tory 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 t he 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" c olumn: 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.