Action Initiation List – December 2009 Page 1 of 8December 2009 Action Initiation List (as of 12/16/2009)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 on theactions listed herein. Updates onthe progress of these actions willbe made available in EPA’s upcomingSemiannual Regulatory Agenda,which is accessiblefrom 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 Agenda.Action Initiation List – December 2009 Page 2 of 8RINAction TitleStageContactAbstractProjectedPublicationDate2040-AF14 EffluentLimitationsGuidelines andStandards for theSteam ElectricPowerGenerating PointSource CategoryNPRM Ronald Jordan202-566-1003Jordan.Ronald@epa.govEPA establishes national technology-based regulations, calledeffluent guidelines, to reduce discharges of pollutants fromindustries to waters of the U.S. and publicly owned treatmentworks. These requirements are incorporated into NationalPollutant Discharge Elimination System (NPDES) dischargepermits issued by EPA and states. The steam electric effluentguidelines apply to steam electric power plants using nuclear orfossil fuels, such as coal, oil and natural gas. There are about1,200 nuclear- and fossil-fueled steam electric power plantsnationwide; approximately 500 ofthese power plants are coalfired. In a study completed in 2009, EPA found that the currentregulations, which were last updated in 1982, do not adequatelyaddress the pollutants being discharged and have not kept pacewith changes that have occurred inthe electric power industryover the last three decades. The rulemaking will addressdischarges from ash ponds and flue gas desulfurization (FGD) airpollution controls, as well as other power plant waste streams.Power plant discharges can havemajor impacts on water quality,including reduced organism abundance and species diversity,contamination of drinking water sources, and other effects.Pollutants of concern include metals (e.g., mercury, arsenic andselenium), nutrients, and total dissolved solids.More than12 months2040-AF15 National PrimaryDrinking WaterRegulations forLead andCopper:RegulatoryRevisions –Proposed RuleNPRM Jeffrey Kempic202-564-4880Kempic.Jeffrey@epa.govEPA promulgated a set of short-term regulatory revisions andclarifications on October 10, 2007,to strengthen implementationof the existing Lead and Copper Rule. In developing the shortterm revisions, EPA identified several regulatory changes to beconsidered as part of identifying more comprehensive changes tothe rule. These considerations are longer-term in nature as theyrequire additional data collection, research, analysis, andstakeholder involvement to support decisions. This actionaddresses the remaining regulatory revisions to be completed inthe 2013 timeframe. Regulatory changes to be addressed mayinclude changes to flushing guidance and sample collectionfollowing a partial lead service line replacement; lead service linereplacement programs; potential changes to the sample siteselection criteria for lead and copper sites; guidance on newcorrosion control treatments; tap sampling issues including prestagnation flushing, aerator removal, and maximum stagnationtimes; and consecutive water systems.More than12 monthsAction Initiation List – December 2009 Page 3 of 8RINAction TitleStageContactAbstractProjectedPublicationDate2040-AF16 Water QualityStandardsRegulatoryClarificationsDirectFinalGrace Robiou202-566-2975Robiou.Grace@epa.govEPA is proposing a few targeted clarifications to the waterquality standards regulation to improve its effectiveness inhelping restore and maintain the Nation’s waters. The newregulatory interpretations in the rulemaking are urgentlyneeded to help reduce the rate of new water qualityimpairments and increase the rate of water qualityimprovements. The clarifications will also help streamlineoperations and improve publicparticipation in standardsprocesses. Investing in these regulatory revisions now willproduce benefits almost immediately, but will also betterposition Clean Water Act programs to address environmentalissues in the future such as climate change. The corerequirements of the current regulation have been in placesince 1983. These requirements have served well to providethe foundation for all water quality-based controls that havebeen put in place since then, including effective TMDL andNPDES permit programs. EPA doesnot believe it is necessaryto overhaul the current regulation or associated guidance andpolicy. Rather, the intent of theproposal is to provide clarityand regulatory tools to address the issues described above.12 months orless2050-AG59 SPCCCompliance DateExtensionNPRM Vanessa Principe202 564-7913principe.vanessa@epa.govOn November 13, 2009, EPA amended the Spill PreventionControl, and Countermeasures (SPCC) rule. The amendmentscompleted the SPCC action proposed on October 15, 2007 (72FR 58378), finalized on December 5, 2008 (73 FR 74236), andfor which the Agency considered public comments again inFebruary 2009 (74 FR 5900, February 3, 2009). However,EPA recognizes that because of the changes in this action,and specifically provisions that have been removed from theDecember 2008 Amendments, facilities may need additionaltime to comply with the SPCC amendments. Because of theuncertainty surrounding the final amendments to theDecember 5, 2008 rule and the delay of the effective date, theAgency will propose to extend the compliance date.12 monthsor lessAction Initiation List – December 2009 Page 4 of 8RINAction TitleStageContactAbstractProjectedPublicationDate2060-AQ09 Revisions toMotor VehicleFuel EconomyLabelNPRM Lucie Audette734-214-4850Audette.Lucie@epa.govEPA is responsible for developing the fuel economy labels thatare posted on window stickers of all new light duty cars andtrucks sold in the U.S. and, beginning with the 2011 modelyear, on all new medium-duty passenger vehicles (a categorythat includes large sport-utility vehicles and passenger vans).In 2006 EPA updated how the cityand highway fuel economyvalues are calculated, to better reflect typical real-world drivingpatterns and provide more realistic fuel economy estimates.Since then, increasing market penetration of advancedtechnology vehicles, in particular plug-in hybrid electricvehicles and electric vehicles, will require new metrics toeffectively convey informationto consumers. This action willamend the way in which fuel economy estimates arecalculated and/or displayed. The changes in this action will notimpact the Corporate Average Fuel Economy requirements.12 monthsor less2060-AQ10 Review of NewSourcePerformanceStandards forNitric Acid Plants- Subpart GNPRM Bill Neuffer919-541-5435Neuffer.Bill@epamail.epa.govSection 111(b)(1)(B) of theClean Air act mandates that EPAreview and if appropriate revise existing New SourcePerformance Standards (NSPS) atleast every 8 years. ThisNSPS was initially promulgated in 1971. This NSPS wasreviewed in 1979 and 1984.On October 2009, EPA enteredinto a consent decree with several environmental groups. Thedecree requires proposed revisions to be made by November2010 and final revisions to be made by November 2011.12 monthsor less2060-AQ11 Risk andTechnologyReview forFerroalloysProductionNPRM Conrad Chin919-541-1512Chin.Conrad@epa.govUnder the "technology review" provision of Clean Air Act(CAA) section 112, EPA is required to review maximumachievable control technology (MACT) standards and to revisethem "as necessary (taking into account developments inpractices, processes and control technologies)" no lessfrequently than every 8 years.Under the "residual risk"provision of the CAA section 112, EPA must evaluate theMACT standards within 8 years after promulgation andpromulgate standards if required to provide an ample marginof safety to protect public health or prevent an adverseenvironmental effect. EPA hascombined the two reviewactivities into the "risk and technology" (RTR) reviews for theFerroalloys Production source category. This source categorywas originally part of the Group 3 previously listed in SAN5196 (RIN 2060-AO97).12 monthsor lessAction Initiation List – December 2009 Page 5 of 8RINAction TitleStageContactAbstractProjectedPublicationDate2070-AJ65 GeneralExemptions fromReportingRequirements forMicroorganisms;Revisions ofRecipientOrganismsEligible for Tier Iand Tier IIExemptionsNPRM Miriam Wigginslewis202-564-9373Wigginslewis.Miriam@epa.govIn 1997, EPA promulgated a final rule under section 5 of theToxic Substance Control Act (TSCA) to establish thenotification procedures for review of certain newmicroorganisms before they are introduced into commerce.‘‘New’’ microorganisms are those formed by deliberatecombinations of genetic material from organisms classified indifferent taxonomic genera. This review process is designedto prevent unreasonable risk of injury to human health and theenvironment without imposing unnecessary regulatoryburdens on the biotechnology industry. The rule alsoestablished TSCA section 5(h)(4) exemptions from fullreporting when 10 specificmicroorganisms are used as therecipient microorganisms for the introduced genetic materialand placed requirements on these recipient microorganism,the introduced genetic material, and the physical containment(40 CFR 725, Subpart G). The rule also established amechanism (40 CFR 725.67) for the public to petition theAgency to propose additional recipient microorganisms forsuch exemptions. These regulations describe the appropriatesupporting information that must be submitted with the petitionto provide EPA with a startingpoint for determining whetherthe recipient should be listed as a candidate for the tieredexemption. EPA has received petitions to add two additionalmicroorganisms to the eligiblerecipient microorganisms listedin 40 CFR 725.420 (Trichoderma reesei and Bacillusamyloliquefaciens). EPA isevaluating the informationprovided in these petitions. If, as result of this evaluation, EPAmakes a preliminary determination that one or both of the twomicroorganisms will not present an unreasonable risk of injuryto health or the environment,then EPA will propose a rule togrant the exemption petitionfor that microorganism(s).12 monthsor lessAction Initiation List – December 2009 Page 6 of 8RINAction TitleStageContactAbstractProjectedPublicationDate2070-AJ66 Testing of CertainHigh ProductionVolume Chemicalsand ExistingChemicalsSignificant NewUse Rule: FourthGroup ofChemicalsNPRM Paul Campanella202-564-8091Campanella.Paul@epa.govThis entry covers the fourth group of chemicals for which EPAis developing a test rule under section 4(a) of the ToxicSubstance Control Act (TSCA) to require testing andrecordkeeping requirements for certain high production volume(HPV) chemicals i.e., chemicals which are manufactured(including imported) in the aggregate at more than 1 millionpounds on an annual basis. EPA is also developing asignificant new use rule (SNUR)under section 5(a)(2) of TSCAfor the fourth group of chemicals. The fourth group of chemicalsincludes 36 chemicals which were sponsored under the HPVChallenge Program but for which no data has been received.Sixteen (16) chemicals, according to the 2006 IUR, wereproduced at 1 million pounds or more per year, but there is noreported HPV data for them and the amount of exposure tothem is unclear. The data generally collected with the test rule,based on specific data needs for the particular chemical, mayinclude acute toxicity, repeat dose toxicity, mutagenicity,ecotoxicity, and environmental fate. The SNUR would requirepersons who intend to manufacture, import, or process thesechemical substances for an activity that is designated as asignificant new use by this proposed rule to notify EPA at least90 days before commencing that activity. This required noticewill provide EPA the opportunity toevaluate intended significantnew uses and associated activities before they occur and, ifnecessary, to prohibit or limit those uses or activities.More than12 months2070-AJ67 Significant NewUse Rule forNanoscaleMaterialsNPRM Jim Alwood202-564-8974Alwood.Jim@epa.govEPA is developing a significant new use rule (SNUR) undersection 5(a)(2) of the Toxic Substances Control Act (TSCA) fornanoscale materials. This action would require persons whointend to manufacture, import,or process this/these chemicalsubstance(s) for an activity that is designated as a significantnew use by this proposed rule to notify EPA at least 90 daysbefore commencing that activity. The required notificationwould provide EPA with theopportunity to evaluate theintended use and, if necessary, to prohibit or limit that activitybefore it occurs to prevent unreasonable risk to human healthor the environment.12 monthsor lessAction Initiation List – December 2009 Page 7 of 8RINAction TitleStageContactAbstractProjectedPublicationDate2070-AJ68 TSCA Inventory;Clarification forChemicalIdentificationDescribingStatutoryMixtures,Including CeramicMaterials,Cements, andFrits for TSCAInventoryPurposesNPRM David Schutz202-564-9262Schutz.David@epa.govEPA is clarifying the guidance on chemical identification ofcertain statutory mixtures for purposes of the TSCA ChemicalSubstance Act Inventory (TSCAInventory). For the initialreporting period thatestablished the TSCA Inventory, EPAdeveloped broad listing criteria ("category listings") for thecomplex reaction products known as statutory mixtures. Theseinclude ceramics, cements and frits. Since that time, there hasbeen inconsistent guidance for manufacturers of suchsubstances with regard to whether new chemical notificationunder Section 5 of TSCA was required for such newsubstances. Under thisaction, EPA will clarify which chemicalsubstances comprise complex reaction products that fall underthe "category listings" and which chemical substances (notcurrently on the TSCA Inventory) would be considered to be"new" chemical substances under TSCA and thus be subject tonew chemical notification under TSCA Section 5.12 monthsor lessAction Initiation List – December 2009 Page 8 of 8What EPA Actions Appear on the AILs?Generally, AILs include those actions that 1) will appear in upcomingSemiannual Regulatory Agendaand 2) have been approvedfor commencement by EPA'sRegulatory 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 not postimmediately. 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 around May 15th).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 first part (i.e., 2050) identifies which office withinEPA is in charge of the action. In thiscase, it is the Office of Solid Waste andEmergency 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 end whenit is published as a final rule (or other action) in the FederalRegister. For example, the Notice of Proposed Rulemaking (NPRM) stage announces a proposedrule 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 NPRMContactSelf-explanatory.AbstractA brief summary of the action and its purpose.Projected Publication DateSince many variables affect how long it takes to write a rule orother action, it is impossible 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." Theseoptions give you some idea of how quickly we expect to complete an action.You may consult ourSemiannual Regulatory Agendaevery six months forupdates to our estimates.