![[logo] US EPA](http://www.epa.gov/epafiles/images/logo_epaseal.gif){kind=logo}
Actions Initiated by Month
From this page, you can learn about the rules and other regulatory actions we initiate each month.
- October 2009 Action Initiation List (AIL)
- September 2009 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?
October 2009 Action Initiation List
Download the October 2009 AIL (PDF) (6 pp, 39K, About PDF).
RIN What's This? |
Title |
Stage What's This? |
Contact |
Abstract |
Projected Publication Date |
|---|---|---|---|---|---|
| 2060-AP98 | Reconsideration of the 2008 Ozone National Ambient Air Quality Standards | NPRM | Dave Mckee 919-541-5288 Mckee.Dave@epa.gov |
12 months or less |
|
| 2060-AP99 | Oil and Gas Fugitive Green House Gas(GHG) Emissions Reporting Rule | NPRM | Suzanne Waltzer 202-343-9544 Waltzer.Suzanne@epa.gov |
12 months or less |
|
| 2060-AQ00 | Greenhouse Gas Reporting Rule for Additional Sources of Fluorinated GHGs | NPRM | Deborah Ottinger 202-343-9149 Ottinger.Deborah@epa.gov |
12 months or less |
|
| 2060-AQ01 | Revisions to Test Methods and Testing Regulations | NPRM | Foston Curtis 919-541-1063 Curtis.Foston@epa.gov |
12 months or less |
|
| 2060-AQ03 | Regulation to Establish Mandatory Reporting of GHGs from Industrial Landfills, Wastewater, Underground Coal Mines, and Magnesium Production | Direct Final | Carole Cook 202 343-9334 Cook.Carole@epa.gov |
12 months or less |
|
| 2060-AQ04 | Determination of Confidential Business Information Collected under the GHG Mandatory Reporting Program | Direct Final | Carole Cook 202 343-9334 Cook.Carole@epa.gov |
12 months or less |
|
| 2070-AJ63 | Minor Changes to TSCA Reporting Requirements | NPRM | Gerry Brown 202-564-8086 Brown.Gerry@epa.gov |
12 months or less |
|
| 2070-AJ64 | Lead Wheel Weights; Response to Citizens Petition | NPRM | Mark Henshall 202 566-0523 Henshall.Mark@epa.gov |
More than 12 months |
September 2009 Action Initiation List
Download the September 2009 AIL (PDF) (7 pp, 83K, About PDF).
RIN What's This? |
Title |
Stage What's This? |
Contact |
Abstract |
Projected Publication Date |
|---|---|---|---|---|---|
| 2060-AP88 | Greenhouse Gas Reporting Rule for Geologic Sequestration Sites | NPRM | Lisa Bacanskas 202 343-9758 Bacanskas.Lisa@epa.gov |
12 months or less |
|
| 2060-AP89 | Federal Reference Method for Lead in Total Suspended Particulate Matter | NPRM | Joann Rice 919 541-3372 Rice.Joann@epa.gov |
More than 12 months |
|
| 2060-AP90 | NSPS/Emission Guidelines (EG) for Sewage Sludge Incinerators | NPRM | Amy Hambrick 919 541-0964 Hambrick.Amy@epa.gov |
12 months or less |
|
| 2060-AP91 | Requirements for Control Technology Determinations for Major Sources in Accordance With Clean Air Act Sections, Sections 112(g) and 112(j) | NPRM | Rick Colyer 919 541-5262 Colyer.Rick@epa.gov |
12 months or less |
|
| 2060-AP92 | Protection of Stratospheric Ozone: The 2011 Critical Use Exemption from the Phaseout of Methyl Bromide | NPRM | Jeremy Arling 202 343-9055 Arling.Jeremy@epa.gov |
12 months or less |
|
| 2060-AP93 | Revision of New Source Performance Standards for New Residential Wood Heaters | NPRM | Gil Wood 919 541-5272 Wood.Gil@epa.gov |
More than 12 months |
|
| 2060-AP94 | National VOC Emission Standards for Architectural Coatings; Amendments | NPRM | Bruce Moore 919 541-5460 Moore.Bruce@epa.gov |
12 months or less |
|
| 2060-AP95 | National Emission Standards for Hazardous Air Pollutant Emissions: Group I Polymers and Resins | NPRM | Mary Kissell 919 541-4516 Kissell.Mary@epa.gov |
12 months or less |
|
| 2060-AP96 | Startup, Shutdown, and Malfunction Amendments to Certain MACT Standards | NPRM | Rick Colyer 919 541-5262 Colyer.Rick@epa.gov |
More than 12 months |
|
| 2060-AP97 | National Emission Standards for Hazardous Air Pollutants for Elemental Phosphorous Production | NPRM | Susan Fairchild 919 541-5167 Fairchild.Susan@epa.gov |
12 months or less |
|
| 2070-AJ60 | Mercury Export Ban Act; Procedures for Essential Use Exemptions | NPRM | Julie Simpson 202 566-1980 Simpson.Julie@epa.gov |
More than 12 months |
|
| 2070-AJ61 | Pesticides; Clarifying Changes to Labeling | NPRM | Rame Cromwell 703 308-9068 Cromwell.Rame@epa.gov |
More than 12 months |
|
| 2070-AJ62 | Pesticides; Public Availability of Identities of Inert Ingredients in Pesticides | ANPRM | Cameo Smoot 703 305-5454 Smoot.Cameo@epa.gov |
12 months or less |
Abstracts for the October 2009 AIL
Reconsideration of the 2008 Ozone National Ambient Air Quality Standards
On March 12, 2008, EPA announced the final decision on the ozone national ambient air quality standards (NAAQS). Soon after that decision was signed on 3/27/08 (73 FR 16436), the Clean Air Scientific Advisory Committee (CASAC) held an unsolicited public meeting and criticized EPA for setting primary and secondary standards that were not consistent with advice provided by the CASAC during review of the NAAQS. On 7/25/08, several environmental and industry petitioners, as well as a number of States, sued EPA on the NAAQS decision, and the Court set a briefing schedule for the consolidated cases on 12/23/08. On 3/10/09, EPA requested that the Court vacate the briefing schedule and hold the consolidated cases in abeyance for 180 days. This request for extension was made to allow time for appropriate EPA officials appointed by the new Administration to determine whether the standards established in March 2008 should be maintained, modified or otherwise reconsidered. Announcement of reconsideration of the March 2008 NAAQS decision occurred on 9/16/09. The current rulemaking schedule calls for a NAAQS proposal (including a proposal to stay implementation designations for the March 2008 NAAQS) to be signed by 12/15/09, with the final rule to be signed by 8/31/10. Reconsideration of the NAAQS will be limited to information and supporting documentation available to EPA and in the docket at the time of the March 2008 decision. - Back
Oil and Gas Fugitive Green House Gas(GHG) Emissions Reporting Rule
This regulation would require reporting of greenhouse gas emissions from the oil and gas industry. This rule applies to sectors of the oil and gas industry which have significant fugitive and vented emissions of carbon dioxide and methane e.g., natural gas transmission compression, distribution, etc. The rule would not require control of greenhouse gases, rather it would require only that sources above certain threshold levels monitor and report emissions.
This sector was originally proposed in the Mandatory Greenhouse Gas Reporting Rule and now we are re-proposing based on comments received. - Back
Greenhouse Gas Reporting Rule for Additional Sources of Fluorinated GHGs
In this action, EPA will propose reporting requirements for five different source categories which include: Electronics Manufacturing, Fluorinated Gas Production, SF6 in Electric Power Systems, Manufacturers of Electrical Equipment, and Importers of Pre-charged Equipment and Closed-Cell Foams. The purpose of this rule is to collect accurate and comprehensive emissions data to inform future climate change policies. In a notice of proposed rulemaking published in the Federal Register on April 10, 2009, as required by the FY2008 Consolidated Appropriations Act, EPA proposed reporting requirements for a number of different source categories including Electronics Manufacturing, SF6 in Electric Power Systems, and Fluorinated Gas Production. Due to the complexity of comments received, EPA did not finalize requirements for Electronics Manufacturing, SF6 in Electric Power Systems, and Fluorinated Gas Production, and is re-proposing reporting requirements for those three source categories in this action. EPA did not propose reporting requirements for Manufacturers of Electrical Equipment or for Importers of Pre-Charged Equipment and Closed-Cell Foam in the April 2009 proposed rule. In this action, EPA will propose reporting requirements for those two source categories. - Back
Revisions to Test Methods and Testing Regulations
This action will make needed corrections and updates to source testing methods and testing provisions in 40 CFR Parts 60, 61, and 63. For example, Method 5, which determines particulate matter from stationary sources is being edited to remove silica gel as the prescribed drying agent. Silica gel has been listed as a potential carcinogen and other agents that are safer and more environmentally friendly are being prescribed. In Method 2 which determines stack gas velocity, a misplaced square root sign in one of the equations is being corrected. This is a periodic action that is done every several years to keep the rules up-to-date and ensure compliance testing and monitoring are done correctly. - Back
Regulation to Establish Mandatory Reporting of GHGs from Industrial Landfills, Wastewater, Underground Coal Mines, and Magnesium Production
On September 22, 2009, the Administrator signed a final rule establishing GHG reporting requirements for approximately 10,000 facilities and suppliers in the U.S. There were a few source categories originally included in the proposed rule (74 FR 16448) that were not included in the final rule signed in September in order to provide EPA more time to review and respond to the comments. Several of those delayed source categories are being re-proposed in separate actions. After further review of the comments, we determined that four of the remaining source categories, Industrial Wastewater, Industrial Landfills, Underground Coal Mines, and Magnesium Production, do not need to be reproposed but rather we are responding to the comments and going final with those subparts in this action. - Back
Determination of Confidential Business Information Collected under the GHG Mandatory Reporting Program
On September 22, 2009, the Administrator signed a final rule establishing Green House Gas reporting requirements for approximately 10,000 facilities and suppliers in the U.S. Monitoring starts January 1, 2010, and the first reports are due to EPA on March 31, 2011. In anticipation of releasing the data we collect to the public, EPA is launching an effort to proactively determine which data elements we collect are confidential business information, considering the definition of "emissions data" under the Clean Air Act. We will provide the public and reporters an opportunity to comment and then issue our final determination. This process needs to be completed before we release the data to the public in 2011. - Back
Minor Changes to TSCA Reporting Requirements
EPA is proposing to make minor changes to three existing reporting requirements under Toxic Substances Control Act (TSCA) to reduce reporting burdens and to clarify reporting to provide for quicker review of health and environmental data for more effective protection of public health and the environment. Specifically, the changes involve 40 CFR 790.5, entitled "Submission of Information"; 40 CFR 792.185, entitled "Reporting of Study Results"; and 40 CFR 712.28, entitled "Forms and Instructions". The changes under consideration include the elimination of the requirement for 6 copies to be submitted; the addition of a requirement for including "Robust Summaries" of test results with the submission of test data; and the use of the Inventory Update Rule Form to format the submission of preliminary assessment information in response to chemical information rules. - Back
Lead Wheel Weights; Response to Citizens Petition
In response to a petition filed under Toxic Substances Control Act section 21, EPA has initiated a proceeding to investigate potential lead hazards associated with the manufacture, processing, and distribution in commerce of lead wheel balancing weights ("wheel weights"). Lead is highly toxic, especially to young children, and recent data shows that even very low levels of lead are associated with decreased intelligence, impaired neurobehavioral development, and behavioral effects. According to a U.S. Geological Survey study in 2003, 65,000 tons of lead wheel weights were in use in the United States and approximately 2,000 tons of these weights were lost from vehicles into the environment. Voluntary actions on the part of U.S. auto manufactures and an European Union ban on their use has reduced the number of lead wheel weights, but they continue to be the predominate product in the tire replacement market. - Back
Abstracts for September 2009 AIL
Greenhouse Gas Reporting Rule for Geologic Sequestration Sites
EPA is working to finalize a rule that would require mandatory reporting of greenhouse gases (GHGs) from large emissions sources in the United States, as required by the FY2008 Consolidated Appropriations Act. This is a reporting rule to collect accurate and comprehensive emissions data to inform future policy decisions. During noticeand- comment for the proposal, EPA received comments that the Agency should include downstream end-users of carbon dioxide (CO2) - in particular, CO2 used for enhanced oil recovery and/or CO2 geologically sequestered. EPA does not plan to include those end-users in the final mandatory reporting rule or issue a supplemental proposal. Instead, the Agency is initiating this separate rulemaking to specifically address geologic sequestration (GS). The rule would outline new requirements for GHG reporting for CO2 injection sites, and a process for sites to opt-in to report GS. In addition to tracking CO2 emissions across CO2 capture and injection, this rule would allow EPA to collect data on efficacy of GS sites for long-term storage of CO2. - Back
Federal Reference Method for Lead in Total Suspended Particulate Matter
On November 12, 2008 EPA substantially strengthened the national ambient air quality standards (NAAQS) for lead. EPA revised the level of the primary (healthbased) standard from 1.5 micrograms per cubic meter (µg/m3) to 0.15µg/m3, measured as total suspended particles (TSP) and revised the secondary (welfarebased) standard to be identical in all respects to the primary standard. In conjunction with strengthening the lead (Pb) NAAQS, EPA identified the need for states to improve existing lead monitoring networks. Depending on specific circumstances, States may have the option of using monitoring for either lead in TSP (Pb-TSP) or lead in PM10 (Pb-PM10) using approved Federal Reference Methods (FRMs) or Federal Equivalent Methods (FEMs) to meet monitoring requirements. To support new monitoring requirements, an FRM for Pb-PM10 was developed with the November 8, 2008 rulemaking. The FRM for Pb-TSP was left unchanged. The Pb-TSP FRM was promulgated in 1978. EPA recognizes that significant advances in measurement technology have been made since the promulgation of the original FRM. In order to support new monitoring requirements for Pb-TSP and update the FRM to improve it based on advanced measurement technology, a new FRM must be developed. - Back
NSPS/Emission Guidelines (EG) for Sewage Sludge Incinerators
Under section 129 of the Clean Air Act (CAA), EPA is required to adopt and implement maximum achievable control technology (MACT) standards for both new and existing Sewage Sludge Incineration units (SSI). Regulations for Other Solid Waste Incinerators (OSWI) were promulgated on December 15, 2005. However, at that time, EPA did not issue standards or guidelines for SSI units and several other incinerator categories. In 2007, the D.C. Circuit Court of Appeals issued a decision vacating EPA's definition of "solid waste incineration unit," holding that "any facility that combusts any commercial or industrial solid waste material at all" is a commercial or industrial solid waste incineration unit. Based on this decision, in this rulemaking, EPA is re-evaluating whether SSI units are in fact solid waste incineration units and whether, as such, they must be regulated under section 129. - Back
Requirements for Control Technology Determinations for Major Sources in Accordance With Clean Air Act Sections, Sections 112(g) and 112(j)
As required by Clean Air Act Section 112(g), in cases where EPA fails to promulgate a Maximum Achievable Control Technology (MACT) standard for a major source category, the owner or operator of a source in that category must obtain an operating permit with case-by-case emission limitations determined to be equivalent to MACT. EPA's program for implementing this requirement is codified at 40 CFR Part 63, Subpart B. In this action, we are revising Subpart B to address the process for obtaining case-by-case MACT determinations in the case of standards vacatur. We are also reformatting the rule to streamline it and make it easier to understand. There has been significant confusion from permitting authorities on how this program works in the case of vacaturs. - Back
Protection of Stratospheric Ozone: The 2011 Critical Use Exemption from the Phaseout of Methyl Bromide
This action would authorize uses that will qualify for the 2011 critical use exemption from the phaseout of methyl bromide, and would also authorize the amount of methyl bromide that may be produced, imported, or supplied from inventory for those uses in 2011. EPA takes this action under the authority of the Clean Air Act to reflect recent consensus Decisions taken by the Parties to the Montreal Protocol on Substances that Deplete the Ozone Layer at the 21st Meeting of the Parties. The Parties have approved critical use methyl bromide every year since the phaseout in 2005. Since this rulemaking would confer a benefit by exempting the production and use of a phasedout chemical, there is no significant adverse impact on small entities. - Back
Revision of New Source Performance Standards for New Residential Wood Heaters
EPA is revising the New Source Performance Standard (NSPS) for residential wood heaters (60 CFR Subpart AAA) under Clean Air Act Section 111(b)(1)(B). This action will update the 1988 NSPS to reflect significant advancements in wood heater technologies and design, broaden the range of residential wood heating appliances covered by the regulation, and improve and streamline implementation procedures. - Back
National VOC Emission Standards for Architectural Coatings; Amendments
This action amends the existing Architectural Coatings Rule at 40 CFR Part 59, subpart D to update the categories and limits to make them consistent with the Ozone Transport Commission model rule. This action is being done in response to a Clean Air Act Advisory Committee recommendation. This action was originally combined with similar amendments for consumer and commercial products under the "National VOC Emission Standards for Consumer Products; Amendments" (RIN 2060-AI62). However, it has now been determined that the other source categories in 2060-AI62 will be delayed due to the need for further analysis, and EPA has decided to separate out the Architectural Coatings piece as a separate rulemaking. - Back
National Emission Standards for Hazardous Air Pollutant Emissions: Group I Polymers and Resins
Recent legal actions have prompted a re-evaluation of the control standards in many of the National Emission Standards for Hazardous Air Pollutants in 40 CFR Part 63, including Polymers and Resins I. This rulemaking will carry out that re-evaluation for Polymers and Resins I. As part of this effort, we plan to investigate if more controls are needed for back-end process vents and halogenated vent streams. - Back
Startup, Shutdown, and Malfunction Amendments to Certain MACT Standards
The DC Circuit Court of Appeals vacated the startup, shutdown, and malfunction exemptions of the part 63 General Provisions. These amendments would establish emission standards for some SSM events for certain MACT standards that would be affected immediately by the vacatur. These amendments will be developed to limit enforcement liability to affected sources. - Back
National Emission Standards for Hazardous Air Pollutants for Elemental Phosphorous Production
Elemental Phosphorus Production was not listed as one of the categories on the Source Category list to be regulated under Clean Air Act Section 112. However, we have received petitions from States to develop a Maximum Available Control Technology (MACT) standard for this category, and have heard interest in its development from environmental groups. Therefore, in this rulemaking, we plan to list and regulate this source category.
One elemental phosphorous plant remains in the US.
The production of elemental phosphorous involves mining of phosphate ore, sizing of the mined material, calcining the processed ore, and blending it with silica and coke before melting it in a furnace under reduced (no oxygen) conditions. During the furnace process, elemental phosphorous is evolved as a gas and captured, then condensed in a cooling process and transferred into tanks and cylinders under pressure.
All of the elemental phosphorous in the US is produced at one plant and about 90% of it is used as a raw material for the production of Roundup(c), a Monsanto product. The remainder is used as a food grade additive and for military purposes.
The production processes emit particulate matter (PM), radionuclides, mercury (Hg), hydrogen cyanide (HCN) and carbon dioxide (CO2).
About a half ton of mercury is known to be emitted from the source annually. Mercury deposition in this area is a health problem in part due to the source's location in Idaho's recreation areas, near formerly pristine lakes and streams. Small residential areas and schools are within a few miles of the plant. Mercury is bioaccumulative (that is, it accumulates in the body's tissues), and crosses the blood / brain barrier and the placental barrier. Therefore, women and children are disproportionately affected by mercury emissions. Serious health effects are known to be caused by exposure to mercury. Additionally, mercury accumulates in the environment in fish, water, and soil. Because of this, it is also absorbed by wild game such as deer, fish, and fowl. Coincidentally, Idaho is a popular area for sportsmen, so although the native population of the area is relatively low, the potential for exposure to tourists (in the hot springs, camping, hiking, fishing and hunting) arenas may be significant.
The single remaining elemental phosphorous plant is not in Indian Lands, however, the effects of current mercury deposition from this plant may be affecting tribes, especially the children and women of those tribes. - Back
Mercury Export Ban Act; Procedures for Essential Use Exemptions
The Mercury Export Ban Act of 2008 (P.L. 110-414) amends TSCA section 12 to prohibit the export of elemental mercury from the United States effective January 1, 2013. The new provision in TSCA allows any person residing in the U.S. to petition the Administrator for an exemption to the export ban. The Administrator may grant exemptions to the ban through notice and comment rulemaking, if the Administrator makes certain findings listed in the Act. The action being initiated will be a rulemaking to set out the standards and procedures for an exporter to petition and the Agency to issue these exemptions. Exemption requests themselves will be acted on through later rulemakings. - Back
Pesticides; Clarifying Changes to Labeling
EPA is planning a minor rulemaking to make revisions to 40 CFR part 156, Labeling Requirements for Pesticides and Devices. The purpose of this effort is to update the structure of the regulation and make several clarifying changes. In addition to these planned minor revisions, EPA will solicit suggestions from stakeholders on what the Agency might consider for future changes to the labeling regulations. - Back
Pesticides; Public Availability of Identities of Inert Ingredients in Pesticides
In response to two petitions under the Administrative Procedures Act seeking disclosure of selected inert ingredients on pesticide labels (based on the hazard of that ingredient), EPA is contemplating rulemaking to increase public availability of both potentially hazardous inert ingredients and of inert ingredient identities in general. This action would assist consumers and users of pesticides in making informed decisions and reduce the presence of potentially hazardous ingredients in pesticides. - Back
What is an Action Initiation List (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. Every six months, more up-to-date information is available in our Agenda.
You may track an action by its RIN, which appears in both the AILs and the Agenda.
How Do I Access Past AILs?
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:
- Go to the Docket Details page for our AIL docket (#OA-2008-0265) on Regulations.gov.
- Click the "Notification" icon found in the upper, right portion of your screen. Fill out the registration form that is presented to you.
- 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).
- Once you have completed the form, click the "Submit" button at the bottom of the form.
- 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
- Supplemental - Supplemental NPRM
Contact
Self-explanatory.
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.
