Actions Initiated by Month

From this page, you can learn about the rules and related actions we initiate each month. For priority rulemakings, we make monthly updates on the Regulatory Development and Retrospective Review Tracker (Reg DaRRT).  Links to Reg DaRRT are provided in the tables provided below, where appropriate.

• December 2011 Action Initiation List (AIL)
• November 2011 AIL
• What is an AIL?
• How Do I Access Past AILs?
• How Do I Know When a New List Has Been Posted?
• What Does Each Column in an AIL Mean?

December 2011 Action Initiation List

Download the December 2011 AIL (PDF) (3 pp, 38K, About PDF).

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November 2011 Action Initiation List

Download the November 2011 AIL (PDF) (7 pp, 57K, About PDF).

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Abstracts for the December 2011 AIL

National Volatile Organic Compound Emission Standards for Aerosol Coatings - Addition of Dimethyl Carbonate, Benzotrifluoride, and Hexamethyldisiloxane to Table of Reactivity Factors

On March 24, 2008, EPA published national emission standards for aerosol spray paints under section 183(e) of the Clean Air Act (CAA) (73 FR 15604, which are codified in the Code of Federal Regulations (CFR) at 40 CFR part 59, subpart E (sections 59.500-59.516)). This rule established national reactivity based emission standards for the aerosol coatings category (aerosol spray paints) under the CAA. A provision in the rule allows regulated entities to petition the Agency to add compounds and corresponding reactivity factors to a Table of Reactivity Factors. In response to previous petitions, EPA previously added several compounds and reactivity factors on June 23, 2009 (74 FR 29595). This proposed action adds three additional compounds: dimethyl carbonate, benzotrifluoride and hexamethyldisiloxane, and their associated reactivity factors, based on petitions received from regulated entities. - Back

Protection of Stratospheric Ozone: The 2013 Critical Use Exemption from the Phaseout of Methyl Bromide

Methyl bromide was phased out under the Clean Air Act (CAA) and the Montreal Protocol on Substances that Deplete the Ozone Layer in 2005, except for limited exemptions. This action would authorize uses for the 2013 critical use exemption from the phaseout of methyl bromide, and would authorize the amount of methyl bromide that may be produced, imported, or supplied from inventory for those uses in 2012. Absent this rulemaking, production and import of methyl bromide for critical uses would be zero for 2013. EPA takes this action under the authority of the CAA to reflect a consensus Decision taken by the Parties to the Montreal Protocol at the 23nd Meeting of the Parties. - Back

Implementation of the 2008 NAAQS for Ozone: Nonattainment Area Classifications Approach, Attainment Deadlines and Revocation of the 1997 Ozone Standards for Transportation Conformity Purposes

This NPRM will propose rules for implementing the 2008 8-hour Ozone National Ambient Air Quality Standards (NAAQS). This proposal will address the classification system, the attainment deadlines for areas designated nonattainment, the methodology to address areas receiving voluntary reclassifications for the 1997 ozone NAAQS, and revocation of the 1997 ozone NAAQS for transportation conformity purposes. - Back

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Abstracts for the November 2011 AIL

Toxics Release Inventory; Addition of Nonylphenol

EPA is evaluating whether to add nonylphenol to the list of chemicals reportable under section 313 of the Emergency Planning and Community Right-to-Know Act (i.e., the Toxics Release Inventory (TRI)). Nonylphenol is persistent in the aquatic environment and extremely toxic to aquatic organisms. Nonylphenol has been found in environmental samples taken from freshwater, saltwater, groundwater, sediment, soil and aquatic biota. EPA has developed an Action Plan to address concerns for releases of nonylphenol to the environment (http://www.epa.gov/oppt/existingchemicals/pubs/actionplans/np-npe.html). The Action Plan includes the initiation of rulemaking to add nonylphenol to the TRI. - Back

Toxics Release Inventory; Addition of ortho-Nitrotoluene

The National Toxicology Program (NTP) periodically published its Report on Carcinogens (RoC) which classifies chemicals as either “known to be a human carcinogen” or “reasonably anticipated to be a human carcinogen.” The RoC is a congressionally mandated scientific and public health document that provides data on carcinogenicity, genotoxicity, and biologic mechanisms. The RoC evaluations are performed by scientists from the NTP, other Federal health research and regulatory agencies, and non-government institutions. The RoC review process includes external peer review and public comment.

EPA reviewed the 12th edition of the NTP RoC to identify those chemicals that are not currently on the Toxics Release Inventory (TRI) list and that have not previously been reviewed for listing. One chemical, ortho-nitrotoluene, was identified as a candidate for addition to the TRI list. - Back

Updating TRI Reporting NAICS codes to 2012 NAICS

The Toxic Release Inventory (TRI) Program plans to issue a direct final rule to incorporate 2012 North American Classification System (NAICS) codes for TRI reporting purposes. OMB updates the NAICS codes every 5 years. The TRI Program currently uses 2007 codes and will adopt the 2012 NAICS codes that have been approved by OMB. - Back

Water Quality Standards (Numeric Nutrient Criteria) for Florida's Lakes and Flowing Waters Delay of Effective Date

EPA is proposing to extend the March 6, 2012 effective date of 40 CFR Part 131.43, “Water Quality Standards for the State of Florida’s Lakes and Flowing Waters” [inland waters rule] to March 6, 2013. The EPA’s final regulation for 40 CFR Part 131.43(f) set an effective date of March 6, 2012 for the entire regulation, except for the site-specific alternative criteria provision (40 CFR 131.43(e)),which had an effective date of February 4, 2011. EPA is proposing to extend the effective date of this rule for either three months, to June 6, 2012, or, alternatively, for one year, to March 6, 2013, (with the exception of the site-specific alternative criteria provision). - Back

Great Lakes Steamship Repower Incentive Program

This rule would simplify an existing incentive program that encourages owners of Great Lakes steamships to repower those steamships with cleaner Tier 2 or later diesel engines (40 CFR 1043.95(b)4)(iv). This simplification will automatically permit a steamship operated exclusively on the Great Lakes as of December 31, 2011, to continue to use residual fuel oil for a limited time after it has been repowered with cleaner diesel engines. Because the diesel engines are so much cleaner than the steam engines they would replace, this program will result in reductions of particulate matter and sulfur oxides emissions from the time of replacement, even while they are operated on the higher sulfur residual fuel, and provide human health and welfare benefits for the people who live in the Great Lakes region. - Back

Improvements to the Hazardous Waste Generator Regulatory Program (Parts 261 -265)

This rule would make several changes to the hazardous waste generator regulatory program to improve its clarity and effectiveness. The rule would strive to consolidate all hazardous waste generator regulations in Part 262 of the Code of Federal Regulations (CFR). The generator regulations are currently located in both Parts 261 - 265. Other changes we are considering would include clarifying: the marking of tanks; closure requirements for large quantity generators; the hazardous waste determination regulation found at 40 CFR 262.11; when a generator is subject to full regulation as a large quantity generator; the regulatory status of facilities that generate both acute and non-acute hazardous waste in the same month; emergency response points of contact; and the Biennial Report regulations. Other changes being considered include requiring the labeling of conditionally exempt small quantity generator containers while hazardous wastes are being accumulated and periodic notification for small quantity generators. - Back

Proposed Confidentiality Determinations for Subpart W and Proposed Amendments to Table A-6 in Subpart A under the Mandatory Reporting of Greenhouse Gases Rule

This action re-proposes the Confidential Business Information (CBI) determinations for Subpart W, Petroleum and Natural Gas Systems in the Greenhouse Gas Reporting Program. A proposed determination regarding whether the data reporting elements would be made available to the public or be entitled to confidential treatment was originally proposed in July 2010 (75 FR 39094, July 7, 2010). These proposed determinations were based on a proposed Subpart W rule that had not yet been finalized. Because Subpart W has now been finalized as well as been subsequently amended, and because the data reporting elements have changed significantly since proposal, EPA is re-proposing the confidentiality determinations for this source category. - Back

Implementation of the 2008 National Ambient Air Quality Standards for Ozone: State Implementation Plan Requirements

This rule will propose rules for implementing the 2008 8-hour Ozone National Ambient Air Quality Standards (NAAQS). This proposal will address requirements for State Implementation Plan (SIP) elements, including attainment demonstration, reasonable further progress, reasonably available control technology, reasonably available control measures, nonattainment new source review, emission inventory, and others, and timing for SIP submissions, compliance periods and other topics. - Back

Significant New Use Rules; Amendment of Hazard Communication Program and Worker Protection Requirements

In 1990, EPA issued regulations for the "Protection in the Workplace" (40 CFR 721.63) and "Hazard Communication Program" (40 CFR 721.72) components of the Significant New Uses of Chemical Substances regulations at 40 CFR 721. Where possible, these regulations are closely aligned with Occupational Safety and Health Administration (OSHA) regulations at 29 CFR 1910.1200 to enable easier and more effective implementation. OSHA issued a proposed rule in September 2009 aligning OSHA's Hazard Communication Standards with the Globally Harmonized System of Classification and Labeling of Chemicals (GHS). This proposed EPA rulemaking proposes changes in applicable Significant New Uses of Chemical Substances regulations at 40 CFR 721 to align these regulations, where possible, with the final revisions to the OSHA Hazard Communications Standards. - Back

Formaldehyde Emissions Standards for Composite Wood Products

On July 7, 2010, the Formaldehyde Standards for Composite Wood Products Act was enacted. This law amends the Toxic Substances Control Act (TSCA) to establish specific formaldehyde emission limits for hardwood plywood, particleboard, and medium-density fiberboard, which limits are identical to the California emission limits for these products. The law further requires EPA to promulgate implementing regulations by January 1, 2013. This rulemaking will address the mandate to promulgate regulations to implement the statutory formaldehyde emission standards for hardwood plywood, medium-density fiberboard, and particleboard sold, supplied, offered for sale, or manufactured (including imported) in the United States. As directed by the statute, EPA will also consider provisions relating to, among other things, laminated products, products made with no-added formaldehyde resins, testing requirements, product labeling, chain of custody documentation and other recordkeeping requirements, and product inventory sell-through provisions. A separate Regulatory Agenda entry (RIN 2070-AJ44) covers the mandate for EPA to promulgate regulations to address requirements for accrediting bodies and third-party certifiers. - Back

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What is an AIL?

Generally, AILs include those actions that 1) will appear in our 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 an Agenda.

The AILs are a snapshot of the rules EPA initiates each month. Each action appears on only one list. We do not update actions that were listed in previous AILs. For each action, more up-to-date information is available in our Agenda every six months. For those actions that meet the definition of a priority rulemaking, you can access monthly updates via EPA's Regulatory Development and Retrospective Review Tracker (Reg DaRRT). If an action is featured on Reg DaRRT, the AIL will indicate this fact in the "Contact" column by including a link to "follow this rule on Reg DaRRT."

You may track an action by its RIN, which appears in both the AILs and the Agenda.

How Do I Access a Past AIL?

Every month's AIL may be found in our AIL docket (#OA-2008-0265) on Regulations.gov. Dockets older than two months are removed from this Web page and are only available in the docket.

How Do I Know When a New List Has Been Posted?

You can sign up to be notified via email when a new list is added to our AIL docket. To do so:

1. Go to the Docket Details page for our AIL docket (#EPA-HQ-OA-2008-0265) on Regulations.gov.
2. Click the "Notification" icon found in the upper, right portion of your screen. Fill out the registration form that is presented to you.
3. Step 2 of the form asks you to select the types of documents you are interested in. To ensure that you receive a notification every time a document is deposited in the docket, place a check mark in the boxes next to every document type (Rules, Proposed Rules, Notices, Public Submissions, Supporting & Related Materials, and Other).
4. Once you have completed the form, click the "Submit" button at the bottom of the form.
5. You will receive an email with instructions for how to complete the registration process. Make sure you follow these instructions. You will not begin receiving notifications until you do.

Keep in mind that AILs do not post 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 around May 15th).

What Does Each Column in an 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 Agendas and Annual Regulatory Plans. Also, RINs are included 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 RIN is 2050-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 Solid Waste and Emergency Response. The second part (e.g., AG37) is an alpha-numeric code automatically 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 action) 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 modification.

In the AILs, the following acronyms are used:

• ANPRM - Advanced Notice of Proposed Rulemaking
• Direct Final - Direct Final Action
• NPRM - Notice of Proposed Rulemaking
• Section 610 Review - Agency review under Section 610 of the Regulatory Flexibility Act
• Supplemental - Supplemental NPRM

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 Reg DaRRT website (www.epa.gov/regdarrt/), 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 impossible 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" 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. You may consult our Semiannual Regulatory Agenda every six months for updates to our estimates.

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