Page1of7Action Initiation List – March 2011U.S. Environmental Protection Agency (EPA)March 2011 Action Initiation List (as of 4/15/2011)The following actions were initiated by EPA this month. Explanations of which EPA actions are included on this list and ofeach 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 areavailable from EPA'sRulemaking 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 includedin the table below. Forall rules – those that are in the Gateway and thosethat are not – you may obtain updates twice a yearin EPA’sSemiannual 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 theSemiannual RegulatoryAgendaand the Rulemaking Gateway.Page2of7Action Initiation List – March 2011RINAction TitleStageContactAbstractProjectedPublicationDate2040-AF28 National PrimaryDrinking WaterRegulations:Regulation ofPerchlorateNPRM Daniel Olson202-564-5239Olson.Daniel@epa.govFollow this rule on theRulemaking GatewayThe Agency announced in February 2011 that it isbeginning development of a national drinking waterregulation for perchlorate in drinking water. The SafeDrinking Water Act (SDWA) Section 1412(b)(1)-(6)describes EPA’s requirements for regulatingcontaminants. In accordance with these requirements, theAgency will evaluate the health effects of perchlorate, thefeasibility of treatment, the affordability of treatment forsmall systems, the costs and the benefits (as partof theHealth Risk Reduction Cost Analysis), and how a standardwould be implemented (e.g. monitoring requirements).EPA also plans to seek input through informal and formalprocesses from the Science Advisory Board, the NationalDrinking Water Advisory Council, the Department ofHealth and Human Services, State and Tribal drinkingwater programs, the regulated community (public watersystems), public health organizations, academia,environmental and public interest groups, and otherinterested stakeholders on a number of issues relating tothe regulation.More than12 monthsPage3of7Action Initiation List – March 2011RINAction TitleStageContactAbstractProjectedPublicationDate2060-AQ78 National EmissionStandards forHazardous AirPollutants forStationaryReciprocatingInternal CombustionEngines;AmendmentsDirectFinalMelanie King919-541-2469King.Melanie@epa.govEPA is taking direct final action to promulgateamendments to the final national emission standardsfor hazardous air pollutants for existing stationaryreciprocating internal combustion engines. The finalrule was published on August 20, 2010. This directfinal action amends certain regulatory text to clarifycompliance requirements related to continuousparametric monitoring systems. EPA granted a 90-daystay of these requirements on January 19, 2011 andisseeking to clarify the requirements prior to the stayending on April 19, 2011. EPA is also correcting minortypographical errors in the regulatory text to theAugust 20, 2010 action. We would like for the directfinal rule to be effective when the 90-day stay expireson April 19, 2011; therefore, this action must besigned by the Administrator and published in theFederal Register by February 18, 2011 in order toprovide 60 days for the public comment period priortothe direct final rule becoming effective.12 monthsor lessPage4of7Action Initiation List – March 2011RINAction TitleStageContactAbstractProjectedPublicationDate2060-AQ87 Final RegulationExtending theReporting Deadlinefor Year 2010 DataElements RequiredUnder theMandatory Reportingof GreenhouseGases RuleInterimFinalJessica Gordon202-343-9444Gordon.Jessica@epa.govOn October 30, 2009, EPA finalized the GreenhouseGas Reporting Rule, which requires sources in certainindustrial sectors above certain threshold levels tomonitor and report their activities. Under theGreenhouse Gas Reporting Rule, sources must reporttheir 2010 emissions by March 31, 2011. In this finalrule, EPA is extending the deadline for entities toreport their 2010 data to EPA until September 30,2011. This will enable EPA to incorporate various latechanges to the Rule into development of the Rule'srequired electronic reporting tool and allow additionalinternal and stakeholder testing of the tool.12 monthsor less2060-AQ91 Greenhouse GasNew SourcePerformanceStandard for ElectricUtility SteamGenerating UnitsNPRM Christian Fellner919-541-4003Fellner.Christian@epa.govFollow this rule on theRulemaking GatewayThis action will amend the electric utility steamgenerating units (EGUs) New Source PerformanceStandard and add a section 111(b) greenhouse gas(GHG) standard for new, modified, and reconstructedfacilities. It will also establish section 111(d)requirements that will include emissions guidelinesforGHGs from existing EGUs.12 monthsor lessPage5of7Action Initiation List – March 2011RINAction TitleStageContactAbstractProjectedPublicationDate2060-AQ92 Residual Risk andTechnology ReviewAmendments to thePrimary AluminumReduction NationalEmission Standardfor HazardousPollutantsNPRM Rochelle Boyd919-541-1390Boyd.Rochelle@epa.govFollow this rule on theRulemaking GatewayIn this action, EPA will conduct a risk assessmenttodetermine if existing standards for hazardous emissionsfrom primary aluminum should be strengthened. EPAalsowill review technical progress in the primary aluminumindustry to determine if newer, better technology forreducing emissions should be required of all facilities inthis sector. EPA is required to conduct theseassessments and reviews every eight years. The existingstandards were promulgated in 1997 and have not beenreviewed since then. EPA is required by court order toissue a proposed risk assessment, technology review, andnew standards (if any) by October 31, 2011.The existing National Emission Standard for HazardousAir Pollutants (NESHAP) for Primary Aluminum ReductionPlants (found in 40 CFR part 63, subpart LL) applies to theowner or operator of each new pitch storage tank, new orexisting potline, paste production plant, or anodebakefurnace associated with primary aluminum productionwhich is located at a major source, as defined in 40 CFR§63.2. It does not apply to any existing anode bakefurnace not located on the same site as a primaryaluminum reduction plant.Section 112(f)(2) of the Clean Air Act (CAA) directs EPAto conduct risk assessments on each source categorysubject to maximum achievable control technology(MACT) standards pursuant to a NESHAP and determineif additional standards are needed to protect humanhealth.Section 112(d)(6) of the CAA requires EPA to reviewandrevise the MACT standards as necessary, taking intoaccount developments in practices, processes, andcontrol technologies.The amendments will address possible residual risksandadvancements in technology.12 monthsor lessPage6of7Action Initiation List – March 2011RINAction TitleStageContactAbstractProjectedPublicationDate2060-AQ93 Portland CementManufacturingNational EmissionStandard forHazardous AirPollutants and NewSource PerformanceStandard - ProposedAmendments as aResult ofReconsiderationNPRM Keith Barnett919-541-5605Barnett.Keith@epa.govFollow this rule on theRulemaking GatewayOn September 9, 2010 EPA promulgated finalamendments to the Portland cement NationalEmission Standard for Hazardous Air Pollutants(NESHAP) and New Source Performance Standard(NSPS) rules regulating emissions of air toxics andcriteria pollutants. These amendments applied to allcement kilns that do not burn waste materials.(Cement kilns that burn waste are regulated byseparate rules covering hazardous waste combustorsand commercial and industrial solid wasteincinerators). Subsequent to promulgation of theSeptember 9 rule, we received four petitions forreconsideration, two from environmental groups andtwo from the Portland cement industry. In this action,we will first issue a notice stating how we plan torespond to the petitions. If our response includesanyrule amendments, we will propose and finalize thoseamendments as additional stages of this action, asshown in the timetable. The action may also includeany corrections and clarifications discovered to benecessary after promulgation of the September 2010amendments. We do not anticipate any significantchanges in rule stringency as part of this action.We also received 20 petitions for judicial review of theSeptember 9, 2010 final action. We anticipate thatthese petitions will continue to go forward even aswereconsider some parts of the rule. We are assumingthat legal action on portions of the rule that arebeingreconsidered will be held in abeyance until thereconsideration is complete.12 monthsor lessPage7of7Action Initiation List – March 2011What EPA Actions Appear on the AILs?Generally, AILs include those actions that 1) willappear in upcomingSemiannual Regulatory Agendaand 2) have been approved for commencement byEPA’s Regulatory Policy Officer. In rare instances,an action will not appear on an AIL before it appears in theAgenda. Also, keep in mind that AILs will notpost 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 aroundMay 15th).What Does Each Column in the AIL Mean?RIN:RIN stands for "Regulation Identifier Number." A RIN is assigned by theRegulatory Information Service Center, a component of the U.S. GeneralServices Administration, to identify each regulatory action listed in ourSemiannual Regulatory AgendaandAnnual Regulatory Plans. Also, RINs areincluded in the headings of our rules when they arepublished in the Federal Register to make it easier for you to track our actions. An example of an EPARIN is 2050-AG37. It is composed of two parts. Thefirst part (i.e., 2050) identifies which office within EPA is in charge of the action. In this case, it is theOffice of Solid Waste and Emergency Response. The second part (e.g., AG37) is an alpha-numeric code automatically generated as rules are assigned aRIN.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 tothe end when it is published as a final rule (or other action) in the Federal Register. For example, the Notice of Proposed Rulemaking (NPRM) stageannounces a proposed rule or proposed modification to an existing rule. In the AILs, the followingacronyms 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 Section610 of the Regulatory Flexibility ActContact:Provides the name, phone, and email address for theEPA staff person assigned to this rule. Additionally, if a rule is in EPA's RulemakingGateway (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 publicationdate 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 orless" and 2) "more than 12 months." These optionsgive you some idea of how quickly we expect to complete an action.