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.

• January Action Initiation List (AIL)
• December 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?

January 2012 Action Initiation List

Download the January 2012 AIL (PDF) (6 pp, 52K, About PDF).

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December 2011 Action Initiation List

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

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Abstracts for the January 2012 AIL

Hydraulic Fracturing Chemicals; Chemical Information Reporting under TSCA section 8(a) and Health and Safety Data Reporting under TSCA section 8(d)

Through this action, EPA plans to develop an Advance Notice of Proposed Rulemaking (ANPRM) and initiate a stakeholder process to provide input on the design and scope of the Toxic Substances Control Act (TSCA) reporting requirements that would be included in a proposed rule. EPA anticipates that states, industry, public interest groups and members of the public will be participants in the stakeholder process. The stakeholder process will bring stakeholders together to discuss the information needs and help EPA to ensure reporting burdens and costs are minimized, ensuring information already available is considered in order to avoid duplication of efforts. - Back

National Emission Standards for Hazardous Air Pollutant Emissions: Manufacture of Amino/Phenolic Resins, Acrylic and Modacrylic Fibers Production, and Polycarbonate Production Risk and Technology Review

In this action EPA will perform risk and technology reviews for the following three National Emission Standards for Hazardous Air Pollutants (NESHAP): Manufacture of Amino/Phenolic Resins; Acrylic and Modacrylic Fibers Production; and Polycarbonate Production. These reviews are under a deadline consent decree for proposal in October 2012 and promulgation in October 2013. Clean Air Act (CAA) sections 112(f)(2) and 112(d)(6) require EPA to conduct these reviews. Under the "technology review" provision of CAA section 112, EPA is required to review maximum achievable control technology (MACT) standards and to revise them "as necessary (taking into account developments in practices, processes and control technologies)" no less frequently than every 8 years. Under the "residual risk" provision of CAA section 112, EPA must evaluate the MACT standards within 8 years after promulgation and promulgate standards if required to provide an ample margin of safety to protect public health or prevent an adverse environmental effect. EPA will also remove startup, shutdown, and malfunction exemptions for these source categories, as required by recent court decisions. - Back

Renewable Fuel Standards (RFS) Volume Standards for 2013

In response to the Energy Independence and Security Act (EISA), which amended the Clean Air Act Section 211(o), EPA finalized the RFS2 program regulations. The new provisions also require EPA to promulgate regulations that specify the annual statutory volume requirements for renewable fuels, including cellulosic biofuel, biomass-based diesel, advanced biofuel, and total renewable fuel that must be used in transportation fuel annually. In the case of the cellulosic biofuel standard, the Act specifically requires that the standard be set based on the volume projected to be available during the following year. If the volumes are lower than those specified under the Act, then EPA may also lower the advanced biofuel and total renewable fuel standards each year accordingly. Further, the Act requires the Administrator to promulgate rules establishing the applicable volumes of biomass-based diesel for 2013 and beyond and to do so no later than 14 months before the year for which such applicable volume will apply. Therefore, this action will also propose and finalize, at minimum, the 2014 biomass based diesel (BBD) volume along with all the 2013 standards. This regulatory action will establish, as required, the annual statutory volume requirements for the RFS2 fuel categories (cellulosic, biomass-based diesel, advanced biofuel, and renewable fuel) that apply to all gasoline and diesel produced or imported in 2013 and set, at minimum, the 2014 BBD requirement. Entities potentially affected by this final rule are those involved with the production, distribution, and sale of transportation fuels, including gasoline and diesel fuel or renewable fuels such as ethanol and biodiesel. - Back

Program Amendments and Addition of New Fuel Pathways to the Renewable Fuel Standard (RFS) Program

The RFS2 program was required by the Energy Independence and Security Act of 2007 (EISA 2007), which amended the Clean Air Act (CAA). The final regulations for RFS2 were published in the Federal Register on March 26, 2010 (75 FR 14670). EPA has previously published clarifications and modifications, technical amendments, and new pathways, to the final RFS2 regulations. This proposed regulation would provide additional clarifications, modifications, and technical amendments to RFS2 and will clarify, modify and technically amend other fuels programs in 40 CFR Part 80. This action will assist regulated parties with complying with requirements by clarifying those requirements.

This action will also propose amendments to Table 1 to § 80.1426 of the RFS2 regulations to include additional fuel pathways and assign each pathway a D-Code. It allows producers or importers of fuel produced under these pathways to generate Renewable Identification Numbers under the program, providing that the fuel meets the other requirements for renewable fuel. This action outlines EPA’s lifecycle greenhouse gas evaluation, specified in Clean Air Act section 211(o), as amended by EISA for several new pathways. This action adds these pathways to the table of approved fuel pathways. - Back

Revisions to the Concentrated Animal Feeding Operations Rule

On November 20, 2008, EPA published a final rule (73 FR 70418) to revise its regulations to address when the operator of a Concentrated Animal Feeding Operation (CAFO) has a duty apply for a National Pollutant Discharge Elimination System (NPDES) Permit. On March 15, 2011, the United States Court of Appeals for the Fifth Circuit issued an opinion in National Pork Producers Council v. EPA that vacated portions of the 2008 rule. This action will remove from the Code of Federal Regulations (CFR) all provisions vacated by the Court. - Back

Regulation to Modify Definition of Heating Oil in Renewable Fuel Standard Program

This rule will qualify a fuel oil that is used to heat residential, business, commercial, industrial, or military buildings. This would not include fuel oils used to generate process heat, power, or other functions. The fuel oil would be used to generate heat to warm buildings or other facilities where people live, work, recreate, or conduct other activities. This amends the existing definition of heating oil in 40 CFR section 80.1401 to include these fuel oils. This is in addition to the fuel oils currently included in the definition of heating oil, and does not modify or limit the fuel included in the current definition. This rule also applies specific recordkeeping requirements to verify the fuel is used in approved applications. - Back

Mandatory Reporting of Greenhouse Gases Rule: Proposed Confidentiality Determinations for Subpart I and Proposed Amendments to Subpart I Best Available Monitoring Provisions

This action re-proposes the Confidential Business Information (CBI) determinations for Subpart I, Electronics Manufacturing, 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 I rule that had not yet been finalized. Because Subpart I 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. This action also proposes to remove the requirement to re-calculate emissions using Subpart I methodologies for years in which Best Available Monitoring Methods (BAMM) were used. Part 98 currently requires facilities to recalculate emissions for past years using Subpart I methodologies, once BAMM has expired. - Back

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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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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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