April 2010 Action InitiationList (as of04/22/2010)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 element of the table can befound 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 onthe actions listed herein. Updates on priority rulemakings are available from EPA's Rulemaking Gateway (www.epa.gov/rulemaking/). If one of the rules onthis AIL is in the Rulemaking Gateway, a link to the rule's profile is included in the table below. For all rules – those that are in the Gateway and those thatare not – you may obtain updates twice a year in 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 Regulatory Agendaand the RulemakingGateway.RINAction TitleStageContactAbstractProjectedPublicationDate2040-AF21Water QualityStandards for theState of Florida'sEstuaries andCoastal WatersNPRMAmy Newman202-566-0723Newman.Amy@epa.govFollow this rule on theRulemaking Gateway.EPA is proposing water quality standards in the state of Floridathat would set a series of numeric limits on the amount ofpollution from phosphorus and nitrogen (also known as“nutrients”) that would be allowed in Florida’s estuaries andcoastal waters. This proposed action seeks to improve waterquality, protect public health, aquatic life and the long termrecreational uses of Florida’s waters, which are a critical part ofthe state’s economy. In August 2009, EPA entered into aConsent Decree with Florida Wildlife Federation to settle the2008 litigation, committing to propose numeric nutrientstandards for Florida's estuarine and coastal waters by January2011 and to establish final standards for estuarine and coastalwaters by October 2011 (consistent with the dates outlined inEPA’s January 14, 2009determination).12 months orlessApril 2010 Action Initiation ListPage 1 of 5April 2010 Action Initiation ListPage 2 of 5RINAction TitleStageContactAbstractProjectedPublicationDate2060-AQ29StationaryCombustionTurbine NSPSAmendments toAddress UARGReconsiderationPetitionNPRMChristian Fellner919-541-4003Fellner.Christian@epa.govEPA is proposing to amend specific provisions in the NewSource Performance Standards (NSPS) for stationarycombustion turbines to resolve issues and questions raised bythe petition for reconsideration, and to address other technicaland editorial issues that have been identified sincepromulgation. In addition, this proposed rule would amend thelocation and wording of existing paragraphs to clarify therequirements of the NSPS. It would also exemptowners/operators of stationary combustion turbines that meetsthe applicability criteria of, and that comply with, the sulfurdioxide (SO2) standard in either subparts J or Ja (standards ofperformance for petroleum refineries) from complying with theotherwise applicable SO2 limit in subpart KKKK.12 months orless2060-AQ30Remaining AirQualityDesignations forthe 2006 24-HourFine ParticleNational AmbientAir QualityStandardsFinalAmy Vasu919-541-0107Vasu.Amy@epa.govOn November 13, 2009, EPA designated 31 areas across thecountry as nonattainment for the 24-hour Particulate Matter(PM) 2.5 National Ambient Air Quality Standards (NAAQS).These air quality designations were based on 2005-2007 dataand analyses, with EPA taking intoconsideration 2006-2008 airquality monitoring data. EPA’s evaluation of 2006-2008 airquality monitoring data indicated that monitors in three areaswhich had not violated the 2006 24-hour PM2.5 NAAQS basedon 2005-2007 data were now violating the standards based on2006-2008 data. These monitors are located in Pinal County,AZ (2006-2008 24-hour design value of 48); Plumas County,CA (2006-2008 24-hour design value of 49); and, ShastaCounty, CA (2006-2008 24-hour design value of 48). For thethree newly violating areas, EPA did not finalize initialdesignations. Because these areas are newly violating the2006 24-hour PM2.5 NAAQS, EPA andthe states and tribes inthese areas needed further information in order to determinethe appropriate nonattainment area boundaries for these areas,in accordance with the process that EPA has used for othernonattainment area designations, per section 107(d). In thisfinal action, EPA will complete air quality designations for thesethree areas, and by doing so, for the 2006 24-hour PM2.5NAAQS.12 months orlessApril 2010 Action Initiation ListPage 3 of 5RINAction TitleStageContactAbstractProjectedPublicationDate2060-AQ31Regulation ofFuels and FuelAdditives:Modifications toRenewable FuelStandardProgramNPRMMegan Brachtl202-343-9473Brachtl.Megan@epa.govIn the Energy Independence and Security Act of 2007 (EISA2007), Congress amended the Clean Air Act (CAA) to changerequirements for the existing Renewable Fuel Standard program.The final regulations promulgating changes to the RenewableFuel Standard program ("RFS2 regulations") were published inthe Federal Register on March 26, 2010 (75 Fed. Reg. 14670).Since publication, EPA has discovered a number of technicalerrors and areas within the final RFS2 regulations that couldbenefit from clarification.Many of the amendments address grammatical or typographicalerrors, or provide clarifications tothe regulatory language. A fewamendments are being made in order to correct regulatorylanguage that inadvertently misrepresented our intent asreflected in the preamble to the final RFS2 regulations.Examples of amendments included in this rule are a clarificationthat the independent engineering reviews can be conducted by alicensed professional engineer, rather than the more limited“Professional Chemical Engineer”and a clarification that therenewable biomass aggregate compliance approach applies tofeedstock from existing U.S. agricultural land, rather than to U.S.producers of renewable fuel.The final RFS2 regulations will become effective July 1, 2010.This technical amendments package is important in order tocorrect technical errors and address areas in the regulations thatneed clarification simultaneous withthe effective date of the finalregulations.12 monthsor less2060-AQ32Regulation toEstablishWidespread Useof OnboardRefueling VaporRecoveryNPRMWilliam L Johnson919-541-5245Johnson.WilliamL@epa.govThis action is proposing to establish criteria by which theAdministrator will determineif widespread use of onboardrefueling vapor recovery (ORVR) has occurred within a state orarea. If the Administrator determines that widespread use hasoccurred throughout the motor vehicle fleet, the Administratormay waive the Clean Air Act requirements for Stage II gasolinevapor recovery in ozone nonattainment areas.12 monthsor lessApril 2010 Action Initiation ListPage 4 of 5RINAction TitleStageContactAbstractProjectedPublicationDate2070-AJ73Significant NewUse Rule (SNUR)for Di-n-pentylPhthalate (DnPP)NPRMPeter Gimlin202-566-0515Gimlin.Peter@epa.govEPA is proposing a significant new use rule (SNUR) under section5(a)(2) of the Toxic Substances Control Act (TSCA) for di-n-pentylphthalate (DnPP). This proposed rule would requiremanufacturers and processors of DnPP to notify EPA at least 90days before manufacturing, importing, or processing DnPP for asignificant new use.The required noticewould provide EPA theopportunity to evaluate the significant new use, and if necessary,prohibit such activity to prevent unreasonable risk of injury tohuman health or the environment. DnPP was targeted for action inEPA's Existing Chemical Action Plan for Phthalates, released inDecember 2009. The most recent Inventory Update Reportingdata contain no reports of this phthalate being produced orimported into the United States.12 monthsor lessApril 2010 Action Initiation ListPage 5 of 5What EPA Actions Appear on the AILs?Generally, AILs include those actions that 1) will appear in upcomingSemiannual Regulatory Agendaand 2) have been approved for commencement byEPA's Regulatory Policy Officer. Inrare 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 15days after the close of the month (e.g., the April 2008 AIL will post sometime around May15th).What Does Each Column in the AIL Mean?RINRIN stands for "Regulation IdentifierNumber." A RIN is assigned by theRegulatory Information Service Center, a component of the U.S. General ServicesAdministration, to identify each regulatory action listed in ourSemiannual Regulatory AgendaandAnnual Regulatory Plans. Also, RINs are included in theheadings of our rules when they are published in the Federal Registerto 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 firstpart (i.e., 2050) identifies which office within EPA is in charge of the action. In this case, it is the Office of SolidWaste and Emergency Response. The second part (e.g., AG37) is an alpha-numeric code automatically generated as rules are assigned a RIN.TitleSelf-explanatory.StageThe 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 endwhen it is published as a final rule (or other action) in the Federal Register. For example, the Notice of Proposed Rulemaking(NPRM) stage announces aproposed rule or proposed modification to an existingrule. 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 NPRMContactProvides the name, phone, and email address for the EPA staff personassigned to this rule. Additionally, if a rule is in EPA's Rulemaking Gateway(www.epa.gov/rulemaking/), then a link to the rule's profile will be provided in this column.AbstractA brief summary of the action and its purpose.Projected Publication DateSince 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 workingon 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.