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Actions Initiated by Month

From this page, you can learn about the rules and other regulatory actions we initiate each month.

 


April 2008 Action Initiation List

Download this list (PDF) (7 pp, 74K, About PDF).

April 2008 (as of 05/07/2008)
Title
Contact

Abstract
What's This?

Projected Publication Date
What's This?

2020-AA47 Required Data Elements in the ICIS-NPDES Data System to Enable EPA to Manage the National NPDES Program NPRM

Andrew Hudock
(202) 564-6032
Hudock.Andrew@epa.gov

12 months or less

2050-AG44

Definition of Solid Waste for Non-Hazardous Materials ANPRM

Craig Dufficy
(703) 308-9037
Dufficy.Craig@epa.gov

Abstract
12 months or less
2060-AP11 Protection of Stratospheric Ozone: New Substitute in the Motor Vehicle Air Conditioning Sector under the Significant New Alternatives Policy (SNAP) Program NPRM

Karen Thundiyil
(202) 343-9464
Thundiyil.Karen@epa.gov

12 months or less

2060-AP14

Waste Energy Recovery Registry NPRM

Katrina Pielli
(202) 343-9610
Pielli.Katrina@epa.gov

12 months or less

2060-AP15

Ambient Ozone Monitoring Regulations: Revisions to Network Design Requirements

NPRM

Lewis Weinstock
(919) 541-3661
Weinstock.Lewis@epa.gov

12 months or less

2060-AP16

National Emission Standards for Hazardous Air Pollutants: Gasoline Distribution; Amendments - Area Source Standard NPRM

Steve Shedd
(919) 541-5397
Shedd.Steve@epa.gov

12 months or less

2060-AP17

Regulation of Fuel and Fuel Additives: Gasoline and Diesel Fuel Test Methods Direct Final

Joe Sopata
(202) 343-9034
Sopata.Joe@epa.gov

12 months or less

2060-AP18

Protection of Stratospheric Ozone: Revision of Refrigerant Recovery-Only Equipment Standards Direct Final

Karen Thundiyil
(202) 343-9464
Thundiyil.Karen@epa.gov

12 months or less

2060-AP19

National Emission Standards for Hazardous Air Pollutants: Gasoline Distribution; Direct Final Amendments - Area Source Standard Direct Final

Steve Shedd
(919) 541-5397
Shedd.Steve@epa.gov

12 months or less

2060-AP20

Final Determination to Extend Deadline for Promulgation of Action on Section 126 Petition From Warrick County, Indiana and the Town of Newburgh, Indiana Final

Carla Oldham
(919) 541-3347
Oldham.Carla@epa.gov

12 months or less

2060-AP21

Response to Section 126 Petition From Warrick County, Indiana and the Town of Newburgh, Indiana NPRM

Carla Oldham
(919) 541-3347
Oldham.Carla@epa.gov

12 months or less

2070-AJ38

Polychlorinated Biphenyls (PCBs); Phase-Out of Electrical Equipment ANPRM

Peter Gimlin
(202) 566-0515
Gimlin.Peter@epa.gov

12 months or less

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March 2008 Action Initiation List

Download this list (PDF) (4 pp, 61K, About PDF).

March 2008 - Corrected (as of 04/15/2008)
Title
Contact

Abstract
What's This?

Projected Publication Date
What's This?

2020-AA46 Regulation to Adjust Civil Monetary Penalties for Inflation NPRM

David Abdalla
(202) 564-2413
Abdalla.David@epa.gov

12 months or less
2060-AO79

Regulation to Establish Mandatory Reporting of Greenhouse Gases

NPRM

Suzanne Kocchi
(202) 343-9387
Kocchi.Suzanne@.epa.gov

12 months or less
2060-AO81

Renewable Fuels Standard Program

NPRM

Paul Argyropoulos
(202) 564-1123
Argyropoulos.Paul@epa.gov

12 months or less
2060-AO80 Renewable Fuel Standard Technical Amendments Direct Final

Megan Brachtl
(202) 343-9473
Brachtl.Megan@epa.gov

12 months or less
2060-AP12 Advanced Notice of Proposed Rulemaking for Greenhouse Gases Under the Clean Air Act ANPRM

Mary Henigin
(202) 564-1663
Henigin.Mary@epa.gov

12 months or less

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Abstracts for April 2008 AIL

Required Data Elements in the ICIS-NPDES Data System to Enable EPA to Manage the National NPDES Program

EPA has the primary responsibility to ensure that the Clean Water Act’s (CWA) National Pollutant Discharge Elimination System (NPDES) program is effectively and consistently implemented across the country to meet the human health and environmental protection goals of the CWA.  EPA is modernizing the national information system for the NPDES permitting and enforcement program from the Permit Compliance System to the Integrated Compliance Information System for NPDES (ICIS-NPDES).  The modernized system uses current information technology and better meets the full scope of the NPDES program as it has evolved over the years. This regulation will identify the required information EPA needs to receive from NPDES-authorized states, tribes or implementing Regions for non-authorized NPDES states to effectively manage the national NPDES permitting and enforcement program. -- Back

Definition of Solid Waste for Non-Hazardous Materials

The DC Circuit Court of Appeals vacated and remanded two EPA rules promulgated under the Clean Air Act (CAA) - the Commercial and Industrial Solid Waste Incineration (CISWI) definitions rule, issued under section 129 of the CAA, and the Boiler MACT, issued under section 112. The court concluded that EPA erred by excluding units that combust solid waste for the purpose of energy recovery from the CISWI rule and including such units in the Boilers rule. In response to the court’s decision, EPA is now preparing to establish new standards under sections 112 and 129 for the various units subject to each section.

Section 129 regulates solid waste incineration units, defining them as units that combust “any” solid waste. It further defines “solid waste” as having the meaning established by the Administrator pursuant to the Solid Waste Disposal Act (SWDA). Thus, if a material is not a solid waste as established by the Administrator pursuant to the SWDA, the unit in which it is burned would not be covered under section 129.

The Office of Solid Waste (OSW) needs to determine which non-hazardous materials are “solid wastes” under SWDA so that the Office of Air and Radiation (OAR) can conduct appropriate sampling and determine MACT standards. -- Back

Protection of Stratospheric Ozone: New Substitute in the Motor Vehicle Air Conditioning Sector under the Significant New Alternatives Policy (SNAP) Program

In this action, the Agency will propose a decision on a new refrigerant substitute for use in new motor vehicle air-conditioning systems.  The substitute is currently under review by the Significant New Alternatives Policy (SNAP) program. -- Back

Waste Energy Recovery Registry

Title IV of the Energy Independence and Security Act of 2007 directs EPA to establish a “recoverable waste energy inventory program” and publish a rule. Specifically, Subtitle D, Section 372 directs EPA to establish, in cooperation with the Department of Energy and state energy offices, this inventory program. Under this action, EPA will publish criteria for including sites into the registry and will establish a Registry of Recoverable Waste Energy Sources, and sites on which the sources are located. -- Back

Ambient Ozone Monitoring Regulations: Revisions to Network Design Requirements

Ozone monitoring requirements were revised in October 2006 during a comprehensive revision of ambient monitoring requirements contained in 40 CFR parts 50, 53, and 58. These changes included revised minimum monitoring requirements for ozone monitors in urban areas as well as changes to the length of the required monitoring season. As stated in the Ozone National Ambient Air Quality Standards (NAAQS) final rule published on March 27, 2008 (73 FR 16436), EPA believes that certain changes are needed in the ozone minimum monitoring requirements to account for the newly revised levels of the NAAQS (primary and secondary NAAQS levels for ozone were revised from an eight-hour level of 0.08 ppm to an eight-hour level of 0.075 ppm). In this rulemaking, EPA will propose: (1) modest changes to minimum monitoring requirements in urban areas, (2) minimal monitoring requirements in rural areas, and (3) incremental adjustments to the length of the ozone monitoring season where indicated by statistical analysis. These proposed actions have been developed in response to comments that were received from some States, national monitoring associations, and environmental groups during the Ozone NAAQS proposal that was published on July 11, 2007 (72 FR 37818).  No changes will be proposed in ozone measurement methodology, quality assurance requirements, or probe siting requirements. Therefore, the implementation of any proposed changes should be routine for affected monitoring agencies. -- Back

National Emission Standards for Hazardous Air Pollutants: Gasoline Distribution; Amendments - Area Source Standard

On January 10, 2008 (73 FR 1916), EPA issued final national emission standards for hazardous air pollutants for gasoline distribution bulk terminals, bulk plants, pipeline facilities, and gasoline dispensing facilities. Subsequently, we received two petitions from industry to clarify some applicability and implementation provisions of the final rule. This action would propose and promulgate amendments to address issues raised by the petitioners. -- Back

Regulation of Fuel and Fuel Additives: Gasoline and Diesel Fuel Test Methods

This rule would allow refiners and laboratories to use more current and improved fuel testing procedures for ten American Society for Testing and Materials (ASTM) analytical test methods. Once these test method changes are adopted, they will supersede the corresponding earlier versions of these test methods in EPA’s motor vehicle fuel regulations. Finally, the rule would allow an alternative test method for olefins in gasoline. This rule would allow improvements in the test method procedure to ensure better operation and provide additional flexibility to the regulated community. The clean air benefits of EPA’s gasoline and diesel motor vehicle fuel programs will continue to be realized. There will be no adverse health or environmental impact as a result of these test method changes or updates. -- Back

Protection of Stratospheric Ozone: Revision of Refrigerant Recovery-Only Equipment Standards

The existing regulations covering specifications for motor vehicle air conditioning refrigerant recovery-only machines reference outdated Society of Automotive Engineers (SAE) standards. This regulation will update existing regulations to match newly updated SAE standards. -- Back

National Emission Standards for Hazardous Air Pollutants: Gasoline Distribution; Direct Final Amendments - Area Source Standard

On January 10, 2008 (73 FR 1916), EPA issued final national emission standards for hazardous air pollutants for gasoline distribution bulk terminals, bulk plants, pipeline facilities, and gasoline dispensing facilities. Subsequently, we have received requests to clarify and amend the rule text on pressure–vacuum (PV) valve setting for vapor balance systems.   We plan to issue a direct-final amendment to correct the PV valve settings. -- Back

Final Determination to Extend Deadline for Promulgation of Action on Section 126 Petition From Warrick County, Indiana and the Town of Newburgh, Indiana

In this procedural action, EPA is extending by six additional months the deadline for taking final action on a petition submitted by Warrick County, Indiana and the Town of Newburgh, Indiana under section 126 of the Clean Air Act (CAA). Section 126 requires EPA to grant or deny a petition within 60 days. However, the CAA authorizes EPA to grant a time extension of up to 6 months for responding to a petition if EPA determines that the extension is necessary, among other things, to meet the purposes of the CAA’s rulemaking requirements. Actions under section 126 are subject to notice-and-comment rulemaking requirements. EPA is determining that the 60-day time period is not sufficient for EPA to develop an adequate proposal on the petition and to allow for public input on the proposal. -- Back

Response to Section 126 Petition From Warrick County, Indiana and the Town of Newburgh, Indiana

This rulemaking will respond to a petition submitted by Warrick County, Indiana and the Town of Newburgh, Indiana under section 126 of the Clean Air Act. The petition requests that EPA make a finding that a power plant being proposed to be built in Henderson County, Kentucky (Cash Creek) will emit air pollutants that will significantly contribute to nonattainment in, or interfere with maintenance by, Warrick County and Newburgh, Indiana with respect to the national ambient air quality standards for ozone and particulate matter. Based on such a finding, the petition requests that EPA establish emission limitations for the proposed power plant to prevent the significant contribution. -- Back

Polychlorinated Biphenyls (PCBs); Phase-Out of Electrical Equipment

Section 6(e)(2) of the Toxic Substances Control Act (TSCA) prohibits, among other activities, the distribution in commerce and use of PCBs in a manner other than in a totally enclosed manner, unless the Administrator authorizes such activity by rule. To make such an authorization, the Administrator must find that the activity will not present an unreasonable risk of injury to health or the environment. Certain uses of liquid PCBs in electrical equipment are currently authorized at 40 CFR §761.30. This notice is to solicit comments and data on EPA's intent to propose a rule in the future that would restrict or eliminate some or all of these use authorizations; especially the establishment of phase-out dates for the continued use of PCB Transformers. -- Back


Abstracts for March 2008 AIL

Regulation to Adjust Civil Monetary Penalties for Inflation

This rule adjusts EPA's civil monetary penalties for inflation since EPA's last adjustment in March of 2004 as required by Congress in the Debt Collection Improvement Act of 1996, 31 U.S.C. 3701 note (DCIA). The DCIA provides that each federal agency is required to issue regulations adjusting for inflation the maximum civil monetary penalties that can be imposed pursuant to such agency's statutes. The purpose of the adjustments is to maintain the deterrent effect of civil monetary penalties and to further the policy goals of the laws. The DCIA requires adjustments to be made at least once every four years. -- Back

Regulation to Establish Mandatory Reporting of Greenhouse Gases

This rulemaking would establish monitoring, reporting and recordkeeping requirements on facilities that produce, import or emit greenhouse gases above a specific threshold in order to inform future regulatory policy options related to greenhouse gases. The rulemaking responds to the legislative mandate to develop such a rule, which was contained in the FY08 Consolidated Appropriations legislation. -- Back

Renewable Fuels Standard Program

This action will implement certain provisions in Title II of the 2007 Energy Independence and Security Act that amend Section 211 (o) of the Clean Air Act. The new law sets a modified standard for renewable fuels increasing the national requirement to 9.0 billion gallons in 2008 and rising to 36 billion gallons by 2022. Of the latter total, 21 billion gallons is required to be obtained from cellulosic ethanol and other advanced biofuels. Starting in 2016, all of the increase in the RFS target must be met with advanced biofuels, defined as cellulosic ethanol and other biofuels derived from feedstock other than corn starch — with explicit standards for cellulosic biofuels and biomass-based diesel. Renewable fuels produced from new biorefineries will be required to reduce by at least 20% the life cycle greenhouse gas (GHG) emissions relative to life cycle emissions from gasoline and diesel. -- Back

Renewable Fuel Standard Technical Amendments

Following publication of the final RFS program regulations (72 FR 23900, May 1, 2007), and as part of our continuous implementation review, we discovered a number of areas within the RFS regulations at 40 CFR Part 80, Subpart K that were either in error, unclear, or otherwise could benefit from modification. This action will correct and/or modify these sections of the final RFS program regulations. -- Back

Advanced Notice of Proposed Rulemaking for Greenhouse Gases Under the Clean Air Act

This notice will solicit public input as EPA considers the specific effects of climate change and potential regulation of greenhouse gas emissions from stationary and mobile sources under the Clean Air Act. As EPA has considered how best to respond to the Supreme Court’s decision in Massachusetts v .EPA, as well as how to respond to petitions and comments received in rulemakings asking EPA to regulate greenhouse gas emissions from mobile and stationary sources, it has become clear that implementing the Supreme Court’s decision could affect many sources beyond cars and trucks. In this advance notice, EPA will present and request comment on the best available science including specific and quantifiable effects of greenhouse gasses relevant to making an endangerment finding and the implications of this finding with regard to the regulation of both mobile and stationary sources. This notice will also seek comment, relevant data, and questions about the implications of the possible regulation of stationary and mobile sources, particularly covering the various petitions, lawsuits and court deadlines before the Agency. These include the Agency response to the Massachusetts v. EPA decision, several mobile source petitions (on-road, non-road, marine and aviation), and several stationary source rulemakings (petroleum refineries, Portland cement, and power plant and industrial boilers). Finally, the notice will also raise potential issues in the New Source Review program, including greenhouse gas thresholds and whether permitting authorities might need to define best available control technologies. -- Back

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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.

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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.

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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 (#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).

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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:

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.

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