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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.

 


May 2009 Action Initiation List

Download the May 2009 AIL (PDF) (6 pp, 40K, About PDF).

May 2009 (as of 06/10/2009)
Title
Contact

Abstract
What's This?

Projected Publication Date
What's This?

2040-AF09 Guidelines Establishing Test Procedures for the Analysis of Pollutants Under the Clean Water Act; Analysis and Sampling Procedures NPRM Lemuel Walker
202-566-1077
Walker.Lemuel@epa.gov
12 months or less
2040-AF10 Unregulated Contaminant Monitoring Regulation (UCMR 3) for Public Water Systems Revisions NPRM Dave Munch
513-569-7843
Munch.Dave@epa.gov
12 months or less
2040-AF11 Water Quality Standards (Numeric Nutrient Criteria) for Florida's Lakes and Flowing Waters NPRM Danielle Salvaterra
202-564-1631
Salvaterra.Danielle@epa.gov
12 months or less
2040-AF12 Amendment to Effluent Guidelines for Primary Aluminum Smelting Subcategory of the Nonferrous Metals Manufacturing Point Source Category NPRM Ahmar Siddiqui
202-566-1044
Siddiqui.Ahmar@epa.gov
12 months or less
2060-AP61 Control of Greenhouse Gas Emissions from Heavy-Duty Vehicles NPRM Byron Bunker
734-214-4155
Bunker.Byron@epa.gov
12 months or less
2060-AP62 Protection of Stratospheric Ozone: The 2010 Critical Use Exemption from the Phaseout of Methyl Bromide NPRM Robert Burchard
202-343-9215
Burchard.Robert@epa.gov
12 months or less
2060-AP63 Emissions Factors Program Improvements ANPRM Tom Driscoll
919-541-5135
Driscoll.Tom@epa.gov
12 months or less
2060-AP64 Regulations for Alternative Fuel Conversions NPRM Laura Baker
734-214-4592
Baker.Laura@epa.gov
12 months or less
2070-AJ53 Regulation to Clarify Labeling of Pesticides for Export NPRM Vera Au
703-308-9069
Au.Vera@epa.gov
More than 12 months

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April 2009 Action Initiation List

Download the April 2009 AIL (PDF) (4 pp, 34K, About PDF).

April 2009 (as of 06/01/2009)
Title
Contact

Abstract
What's This?

Projected Publication Date
What's This?

2050-AG56 CERCLA 108(b) Financial Responsibility Direct Final Ben Lesser
703-308-0314
Lesser.Ben@epa.gov
12 months or less
2060-AP57 Transportation Conformity Rule 2008 Ozone Amendments and Additional Amendments NPRM Patty Klavon
734-214-4476
Klavon.Patty@epa.gov
12 months or less
2060-AP58 Control of Greenhouse Gas Emissions from Light-duty Vehicles NPRM Robin Moran
734-214-4781
Moran.Robin@epa.gov
12 months or less
2060-AP59 Protection of Stratospheric Ozone: Allocation of Essential Use Allowances for Calendar Year 2010 NPRM Jennifer Bohman
202-343-9548
Bohman.Jennifer@epa.gov
12 months or less
2060-AP60 Response to Section 126 Petition from Delaware NPRM Tim Smith
919-541-4718
Smith.Tim@epa.gov
12 months or less
2070-AJ48 Lead; Minor Amendments to the Renovation, Repair, and Painting Program Direct
Final
Cindy Wheeler
202 566-0484
Wheeler.Cindy@epa.gov
12 months or less

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Abstracts for May 2009 AIL

Guidelines Establishing Test Procedures for the Analysis of Pollutants Under the Clean Water Act; Analysis and Sampling Procedures

This regulatory action would propose to amend "Guidelines Establishing Test Procedures for the Analysis of Pollutants" at 40 CFR Part 136 to approve test procedures (analytical methods) for use by testing laboratories for water monitoring. These test procedures are used to implement the National Pollutant Discharge Elimination System program unless an alternate procedure is approved by an EPA Regional Administrator. The proposed regulation would also revise, clarify, and correct errors and ambiguities in existing methods and the water monitoring regulations. - Back

Unregulated Contaminant Monitoring Regulation (UCMR 3) for Public Water Systems Revisions

The Safe Drinking Water Act (SDWA), as amended in 1996, requires the EPA to establish criteria for a program to monitor not more than 30 unregulated contaminants every five years. EPA published the first group of contaminants in the Unregulated Contaminant Monitoring Regulation (i.e., UCMR 1), which established a revised approach for UCMR implementation, in the Federal Register dated September 17, 1999 (64 FR 50556), and the second list of unregulated contaminants (UCMR 2) in the Federal Register dated January 4, 2007 (72 FR 367). The proposed regulation meets the SDWA requirement for identifying new priority contaminants to be monitored during the third UCMR cycle (i.e., UCMR 3) of 2012-2015. - Back

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

EPA wants to establish numeric nutrient criteria for the State of Florida's lakes and flowing waters. EPA made a determination on January 14, 2009 that numeric nutrient water quality standards are necessary for the state to meet the Clean Water Act (CWA) requirement to have standards to protect applicable designated uses. EPA committed to propose numeric nutrient criteria for inland waters by January 2010. A separate rulemaking will follow for estuaries and coastal waters by January 2011. - Back

Amendment to Effluent Guidelines for Primary Aluminum Smelting Subcategory of the Nonferrous Metals Manufacturing Point Source Category

EPA plans to amend 40 CFR 421 to create updated discharge standards for those primary aluminum smelters that use both wet and dry scrubbing of their air emissions. As currently written, allowances exist for individual contributions to effluent discharges from a variety of processes present at primary aluminum smelter. These allowances include one for wastewater contributions resulting from the wet scrubbing of sulfur dioxide from potline emissions (40 CFR 421.23(n)). As the Agency continues to strengthen the regulation of air pollution from aluminum smelters, it is increasingly likely that higher wastewater pollutant concentrations from these wet scrubbers will result. The State of New York has identified a facility that exhibits just this problem with the discharge of fluoride, as a result of interference by sulfur captured by the facility's wet scrubber. The extent of this problem is such that the facility is unable to comply with its fluoride effluent limit. An amendment of the current effluent guideline is expected to resolve this tension and make it easier for the Agency and regulated entities to manage cross-media effects. - Back

Control of Greenhouse Gas Emissions from Heavy-Duty Vehicles

This action would set national emission standards under the Clean Air Act to control greenhouse gas (GHG) emissions from heavy duty trucks and buses. This rulemaking would significantly reduce GHG emissions from future heavy duty vehicles by setting GHG standards that would lead to the introduction of GHG-reducing vehicle and engine technologies. This action follows the U.S. Supreme Court decision in Massachusetts vs. EPA and would follow EPA's formal determination on endangerment for GHG emissions. This rulemaking also follows the Advance Notice of Proposed Rulemaking "Regulating Greenhouse Gas Emissions Under the Clean Air Act," (73 FR 44354, July 20, 2008). - Back

Protection of Stratospheric Ozone: The 2010 Critical Use Exemption from the Phaseout of Methyl Bromide

This action would authorize uses that will qualify for the 2010 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 2010. 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 20th Meeting of the Parties. EPA makes allocation decisions based on information supplied by applicants for each use/amount. The Parties have approved critical use methyl bromide every year since the phaseout in 2005. - Back

Emissions Factors Program Improvements

EPA intends to implement a multi-part process to improve the emissions factors program. Emissions factors, based on averaged data from industrial process performance tests, were established to fill emissions data gaps when developing emissions inventories. Currently, most EPA emissions factors reside in a database called AP- 42. We believe that implementing this multi-part effort will result in a self-sustaining emissions factors program receiving ongoing data submittals that will greatly improve emissions estimation for regulatory authorities and others to use in: (1) developing emissions inventories, (2) updating emissions standards, (3) identifying and evaluating control strategies, (4) determining applicability of permit and regulatory requirements, (5) assessing risks, and (6) other air pollution control activities. The first part involves further development of the existing electronic reporting tool (ERT) to make it easier for S/L/Ts, industry, and other stakeholders to accept, assess the quality of, and transmit emissions test data. The second part involves upgrading the AP-42 factors information compilation and retrieval system, making it an interactive, current, and easy to expand and enhance foundation for the internet application renamed WebFIRE. Additionally, to make the emissions factors development process more transparent, EPA plans to rewrite the existing emissions factors development procedures document. Finally (and the primary purpose for this rulemaking), in order to acquire adequate data for the development or improvement of the emissions factors, we are seeking comment on requiring the submission (via electronic reporting) of certain performance testing information conducted by industry. Performance tests are conducted to measure the air pollutant emissions from an industrial process and used as an indicator for compliance with regulations. This last element of the process of improving the emissions factors program will require formal rulemaking and will encompass performance testing required by Federal rules codified in 40 CFR Parts 60, 61, and 63. - Back

Regulations for Alternative Fuel Conversions

New regulations, affecting the conversion of automobiles from the original fuel on which they were designed to operate to an alternative fuel, are necessary because, at this time, vehicle fuel converters are only able to convert a vehicle's fuel operation if the conversion has been EPA certified. The certification process is suitable for the conversions of new vehicles. However, converters seeking to legally convert a used vehicle, for which there are now tax and other monetary incentives, need a process more suitable for older vehicles. This rule clarifies the certification procedure for new vehicle conversions as well as creates an option for used vehicles to ensure continued air quality. - Back

Regulation to Clarify Labeling of Pesticides for Export

EPA is developing a proposed rule to clarify and reformat labeling regulations for the export of pesticide products and devices in accordance with Executive Order 12988, Civil Justice Reform, in order to eliminate ambiguity and promote simplification of EPA regulations. In addition to simplifying the current regulations, the Agency also intends for this proposed rule to include regulations regarding the labeling of pesticide products and devices shipped between establishments operated by the same producer. EPA believes that labeling of exported pesticides is essential for the communication of important safety and handling information of pesticides and their U.S. status, both before the pesticides leave the U.S. and after they are exported. - Back

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Abstracts for April 2009 AIL

CERCLA 108(b) Financial Responsibility

Section 108(b) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, establishes certain authorities concerning financial responsibility requirements. Specifically, the statutory language requires that EPA publish a notice in the Federal Register that identifies classes of facilities that may ultimately be required to establish and maintain financial responsibility, which present the highest level of risk of injury. Based on such notice, the statute contemplates that EPA will develop financial responsibility requirements for such classes. To date, EPA has not acted under CERCLA 108(b). A recent ruling issued by the United States District Court for the Northern District of California states that EPA must identify and publish a notice of classes of facilities for which such requirements will be developed. - Back

Transportation Conformity Rule 2008 Ozone Amendments and Additional Amendments

The transportation conformity rule ensures that transportation planning is consistent with a state's plan for achieving air quality standards. These amendments will update the rule to reflect how to implement existing conformity requirements in light of the March 12, 2008, revisions to the 8-hour ozone and future National Ambient Air Quality Standards (NAAQS) revisions. EPA will likely designate areas for the 2008 ozone NAAQS in March 2010, effective June 2010. Conformity applies one year after the effective date of designations, i.e., June 2011. - Back

Control of Greenhouse Gas Emissions from Light-duty Vehicles

EPA plans to set national emissions standards under section 202(a) of the Clean Air Act to control emissions of greenhouse gases (GHGs) from passenger cars, light trucks, and medium-duty passenger vehicles, as part of a joint rulemaking with the National Highway Traffic and Safety Administration (NHTSA). This joint rulemaking effort was announced by President Obama on May 19th, 2009. The GHG standards would significantly reduce the GHG emissions from these light-duty vehicles. The standards would be phased-in beginning with the 2012 model year through model year 2016. EPA and NHTSA expect to propose the rules by late summer 2009. EPA's final action would only occur if EPA determines that emissions of greenhouse gases may reasonably be anticipated to endanger public health or welfare, and that emissions from new motor vehicles and motor vehicle engines contribute to the atmospheric concentrations of these greenhouse gases and hence to the threat of climate change. EPA has already proposed these findings. (74 FR 18886; April 24, 2009). - Back

Protection of Stratospheric Ozone: Allocation of Essential Use Allowances for Calendar Year 2010

This rule allocates essential use allowances for the import and production of Class I ozone depleting substances for 2010. Essential use allowances enable a person to produce or import controlled Class I ozone depleting substances under the essential use exemption to the regulatory phaseout of these chemicals, which became effective on January 1, 1996. The production of these chemicals was phased out internationally due to their harmful effects on the earth's ozone layer. EPA has promulgated rules to allocate new production under this exemption since the 1996 phase out. The essential users under this rulemaking are manufacturers of important medical devices such as asthma inhalers. - Back

Response to Section 126 Petition from Delaware

This purpose of this rulemaking is to take action on a petition submitted by Delaware under section 126 of the Clean Air Act. On December 18, 2008, EPA received Delaware's Section 126 petition. In this petition, Delaware seeks emissions reductions from large electric generating units in a number of upwind States, in order to reduce the contributions from their emissions to PM2.5 and ozone problems in Delaware. - Back

Lead; Minor Amendments to the Renovation, Repair, and Painting Program

This action will make several minor, technical amendments to the Lead Renovation, Repair, and Painting Program to enable OPPTS and the Regions to implement the program effectively. The amendments include correcting the regulatory text to require training providers to submit information on successful renovator and dust sampling technician trainees (including digital photographs) to EPA and correcting the regulatory text to eliminate the requirement that training providers submit digital photographs of successful lead-based paint activities trainees (inspectors, risk assessors, abatement workers/supervisors, project designers) to EPA. These amendments will also insert clarifying language into the regulatory text with respect to handson training requirements and the grandfathering of previously-trained individuals. - 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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