July 2010 Action Initiation List (as of 08/03/2010)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 canbe 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 provideUpdates on the actions listed herein. Updates on priority rulemakings are available from EPA's Rulemaking 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 included in the table below. Forall rules – those that arein the Gateway and those that are not – you may obtain updates twice a year in EPA’sSemiannual Regulatory Agenda,which is accessible fromthese 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.Action Initiation List – July 2010Page 1 of 5Action Initiation List – July 2010Page 2 of 5RINAction TitleStageContactAbstractProjectedPublicationDate2006-AA00OklahomaRegional HazeFederalImplementationPlan (FIP)NPRMGuy Donaldson214-665-7242Donaldson.Guy@epa.govEPA is under a consent decree with Wild Earth Guardians to eitherpropose approval of a State Implementation Plan (SIP), or proposeapproval of a Federal Implementation Plan (FIP), or somecombination to satisfy the visibility prong of the Transportrequirements for Oklahoma under Section 110(a)(2)(D)(i) of theClean Air Act (CAA) by November 10, 2010, with a final decision byMay 10, 2011.EPA's plan is to satisfy that requirement using the Regional HazeSIPs. The agency currently has a Regional Haze SIP that wassubmitted by Oklahoma. However, EPA expects to proposedisapproval of the SIP on groundsthat it does not include Sulfurdioxide (SO2) controls for six coal fired power plants. TheOklahoma SIP did not require SO2 controls based on thecompany's projections of the expected cost of the controls. In theanalysis submitted by Oklahoma in their Regional Haze SIPrevision, they determined that the installation of the scrubberswould be technologically feasible, and the only factor leading themto their decision to not require the installation of these scrubbers atthe 6 power plants in question is cost-effectiveness. However,EPA's internal analysis indicates the power company's costestimates were too high. Based on our preliminary assessment ofOklahoma’s cost analysis for the six SO2 scrubbers, Oklahoma’sRegional Haze SIP is not approvable. The ultimate decision of costeffectiveness is made by EPA. Should EPA conclude, in our finaldecision, that the controls are infact cost effective and should beinstalled, we are obligated to promulgate our own plan - a FIP thatwould require those controls.EPA estimates, based on 90% control and using 2006-2008 data,that the installations of scrubberson the six coal fired power plantunits would prevent 58,768 tons of SO2 from being emittedannually. The total SO2 emission budget for Oklahoma, based on2002 data (most recent available) is 170,021 tons. Therefore, thescrubber installations would reduce by about 35 percentOklahoma's annual SO2 emissions. We feel these controls willresult in substantial visibility benefits at several Class I areas. Thisamount of SO2 reduction would also have significant healthbenefits to the citizens of Oklahoma and adjoining areas.12 months orlessAction Initiation List – July 2010Page 3 of 5RINAction TitleStageContactAbstractProjectedPublicationDate2060-AQ45Action to EnsureAuthority to IssuePermits Under thePrevention ofSignificantDeteriorationProgram toSources ofGreenhouse GasEmissionsFederalImplementationPlanNPRMLisa Sutton919-541-3450Sutton.Lisa@epa.govEPA is proposing a federal implementation plan (FIP) to apply inany state that is unable to submit, by its specified deadline, acorrective state implementation plan (SIP) revision to ensure thatthe state has authority to issue permits under the Clean Air Act'sNew Source Review Preventionof Significant Deterioration("PSD") program for sources of greenhouse gases ("GHGs").This proposal is a companion rulemaking to RIN 2060-AQ08“Action to Ensure Authority to Issue Permits Under thePrevention of Significant Deterioration Program to Sources ofGreenhouse Gas Emissions: Finding of Substantial Inadequacyand SIP Call," which is being signed and published on the sameschedule; EPA is proposing tomake a finding of substantialinadequacy and proposing to issue a SIP call for a number ofstates on grounds that their SIPs do not apply the PSD programto GHG-emitting sources.12 months orless2060-AQ46Direct FinalAmendingMonitoringRequirements ofthe New SourcePerformanceStandards(NSPS) for SteamGenerating UnitsDirect FinalChristian Fellner919-541-4003Fellner.Christian@epa.govEPA is issuing direct final amendments (and the correspondingparallel proposal) of the monitoring requirements in the electricutility and boiler New Source Performance Standards (NSPS).Since promulgation of the 2009 final amendments, EPA hasissued an information collection request (ICR) to the electricutility sector that requires condensable particulate matter (PM)testing from a substantial number of units. We have determinedthat this ICR will provide sufficient data to determine both if astandard is appropriate, and,in the event a standard isappropriate, the level of the standard. Therefore, the testingrequirement in the NSPS is no longer necessary and representsan unnecessary burden to the regulated community.Consequently, the direct final would eliminate the testingrequirement. In addition, questions about the intent of the 2009amendments to the opacity monitoring requirements and beenraised, and the direct final amendments will delay the amendedopacity monitoring requirements until January 1, 2012. Weintend to complete the remand to the boiler NSPS prior toJanuary 1, 2012 and will be able to take comment on andaddress the opacity monitoring in the remand. Finally, the directfinal amendments will correct 3 recently identified errors in theregulatory text.12 months orlessAction Initiation List – July 2010Page 4 of 5RINAction TitleStageContactAbstractProjectedPublicationDate2060-AQ48Revision to theClean Air FineParticleImplementationRuleNPRMRich Damberg919-541-5592Damberg.Rich@epa.govThis action will update the implementation rule for the particulatematter (PM) 2.5 national ambient air quality standards (NAAQS).The previous 2007 rule provided basic regulatory framework,specifically for state plans implementing the 1997 PM NAAQS.This new rulemaking provides selected revisions to the 2007 rulesuch that it will provide guidancefor state implementation plansto attain the 2006 PM2.5 NAAQS and any future revisions.12 months orless2070-AJ77Synchronizing theExpiration Datesof EPA PesticideApplicatorCertificates withthe UnderlyingState or TribalApplicatorCertificateNPRMJoe Hogue703-308-9072hogue.joe@epa.govApplicators of restricted-usepesticides can be certified byStates, Tribes, non-EPA Federal agencies, or Territories withapproved certification plans. A certified applicator of restricteduse pesticides may be issued an EPA certificate by submittingan application form and providing documentation of an existingvalid certification without furtherdemonstration of competency.This rule will synchronize the expiration dates so that the EPAcertificate expires at the same time as the underlying state, tribal,non-EPA federal, or territorial certificate.12 months orless2070-AJ78Significant NewUse Rule;Benzidine andCongeners-basedDyesNPRMAakruit Shah202-564-8183shah.aakruti@epa.govEPA is developing a significant new use rule (SNUR) undersection 5(a)(2) of the Toxic Substances Control Act (TSCA) forBenzidine and Congeners-based Dyes. This action would requirepersons who intend to manufacture, import, or process this/thesechemical substance(s) for an activity that is designated as asignificant new use to notify EPA at least 90 days beforecommencing that activity. The required notification would provideEPA with the opportunity to evaluate the intended use and, ifnecessary, to prohibit or limit thatactivity before it occurs toprevent unreasonable risk to human health or the environment.12 months orlessAction Initiation List – July 2010Page 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 willnot post immediately. You can access a given month's list roughly15 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?RINRIN stands for "Regulation IdentifierNumber." 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 are published in the Federal Register to make it easier for you to track our actions. An example of anEPA RIN is 2050-AG37. It is composed of twoparts. The first part (i.e., 2050) identifies which office within EPA is in chargeof the action. In this case, itis the Office of Solid Waste and Emergency Response. The secondpart (e.g., AG37) is an alpha-numeric code automatically generated as rules areassigned 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 announcesa proposed rule 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 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.