Laws & Regulations

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.


May 2016 Action Initiation List

Download the May 2016 AIL (PDF).

May 2016 (as of 07/12/2016)
Title

Abstract
What's This?

Projected Publication Date
What's
This?

National Emission Standards for Hazardous Air Pollutants for Source Categories: Generic Maximum Achievable Control Technology Standards - Ethylene Production (Subparts XX and YY)

NPRM Andrew Bouchard
919-541-4036
Bouchard.Andrew@epa.gov
Abstract More than 12 months

Revisions to Procedure 2 - Quality Assurance Requirements for Particulate Matter Continuous Emission Monitoring Systems at Stationary Sources

NPRM/Direct Final Kim Garnett
919-541-1158
Garnett.Kim@epa.gov
Abstract 12 months or less

National Emission Standards for Hazardous Air Pollutants for Integrated Iron and Steel Manufacturing Facilities

NPRM Donnalee Jones
919-541-5251
Jones.Donnalee@epa.gov
Abstract 12 months or less

Rule Responding to Remands of SO2 Emissions Budgets Under the Cross-State Air Pollution Rule

NPRM Robert L Miller
202-343-9077
Miller.RobertL@epa.gov
Abstract 12 months or less

Internet Posting Requirements for Hazardous Waste Exports and Imports

NPRM Laura Coughlan
703-308-0005
Couglan.Laura@epa.gov
Abstract 12 months or less

Public Notice Requirements for Combined Sewer Overflow Discharges to the Great Lakes

NPRM Lisa Biddle
202-566-0350
Biddle.Lisa@epa.gov
Abstract 12 months or less

Federal Human Health Criteria Applicable to Idaho

NPRM Erica Fleisig
202-566-1057
Fleisig.Erica@epa.gov
Abstract 12 months or less

State of Kentucky Section 1425 Underground Injection Control (UIC) Program Primacy Approval

NPRM Stephanie Flaharty
202-564-5072
Flaharty.Stephanie@epa.gov
Abstract 12 months or less

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April 2016 Action Initiation List

Download the April 2016 AIL (PDF).

April 2016 (as of 07/12/2016)
Title

Abstract
What's This?

Projected Publication Date
What's
This?

Stationary Combustion Turbine Risk and Technology Review

NPRM Melanie King
919-541-2469
King.Melanie@epa.gov
Abstract More than 12 months

Revisions to Method 301: Field Validation of Pollutant Measurement Methods from Various Waste Media

NPRM Kristen Benedict
919-541-1394
Benedict.Kristen@epa.gov
Abstract 12 months or less

Engine Test Cells National Emission Standards for Hazardous Air Pollutants Risk and Technology Review

NPRM Cindy Hancy
919-541-1920
Hancy.Cindy@epa.gov
Abstract More than 12 months

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Abstracts for the May 2016 AIL

National Emission Standards for Hazardous Air Pollutants for Source Categories: Generic Maximum Achievable Control Technology Standards - Ethylene Production (Subparts XX and YY)

This action will address the EPA's residual risk and technology review (RTR) of the National Emission Standards for Hazardous Air Pollutants (NESHAP) for Ethylene Production. The Ethylene Production NESHAPs, subparts XX and YY, were promulgated pursuant to section 112(d) of the Clean Air Act (CAA) on July 12, 2002, and further amended on April 13, 2005. The NESHAP established emission limitations and work practice requirements based on maximum achievable control technology (MACT) for controlling emissions of hazardous air pollutants (HAP) from ethylene process vents, storage vessels, transfer racks, equipment, heat exchange systems and waste streams. The HAP emitted from ethylene process vents, storage vessels, transfer racks, equipment, heat exchange systems and waste streams include benzene, 1,3-butadiene, hexane, toluene and naphthalene. This action will implement the residual risk review requirements of CAA section 112(f)(2) and the technology review requirements of CAA section 112(d)(6). The statute directs the EPA to promulgate emission standards under CAA 112(f)(2) if such standards are required to provide an ample margin of safety to protect public health or to prevent, taking relevant factors into account, an adverse environmental effect. Any such standards are to be promulgated within 8 years after promulgation of MACT standards under CAA section 112(d). CAA section 112(d)(6) requires the EPA to review and revise the MACT standards as necessary, taking into account developments in practices, processes and control technologies, no less often than every 8 years. This RTR is subject to an ongoing deadline suit, but does not have established proposal or final rule dates yet. Back

Revisions to Procedure 2 - Quality Assurance Requirements for Particulate Matter Continuous Emission Monitoring Systems at Stationary Sources

The purpose of Procedure 2 is to establish the minimum requirements for evaluating the effectiveness of quality control (QC) and quality assurance (QA) procedures and the quality of data produced by particulate matter (PM) continuous emission monitoring system (CEMS). Procedure 2 applies to PM CEMS used for continuously determining compliance with emission standards or operating permit limits as specified in an applicable regulation or permit. Other QC procedures may apply to diluent (e.g., O2) monitors and other auxiliary monitoring equipment included with your CEMS to facilitate PM measurement or determination of PM concentration in units specified in an applicable regulation. Procedure 2 requires you to perform periodic evaluations of PM CEMS performance and to develop and implement QA/QC programs to ensure that PM CEMS data quality is maintained. We have recently become aware that facilities, especially those that have installed control devices, are having difficulty passing their annual QA/QC test because their emissions are lower than they were during the original testing. Procedure 2 currently contains a requirement that the annual QA/QC test results must fall within the same response range as was used to develop the initial correlation curve. We are proposing to modify Procedure 2, to remove the requirement that the response ranges be the same at the low end, so that facilities that have lowered their emissions and have results lower than their initial correlation testing are no longer being penalized. Back

National Emission Standards for Hazardous Air Pollutants for Integrated Iron and Steel Manufacturing Facilities

This action will address the agency's residual risk and technology review (RTR) of the National Emission Standards for Hazardous Air Pollutants (NESHAP) for Integrated Iron and Steel Manufacturing Facilities. The Iron and Steel Manufacturing Facilities NESHAP, subpart FFFFF, was promulgated pursuant to section 112(d) of the Clean Air Act (CAA) on 5/20/03. The NESHAP established emission limitations and/or work practice requirements based on maximum achievable control technology (MACT) for controlling emissions of hazardous air pollutants (HAP) from iron-making blast furnaces; steel-making oxygen furnaces; ancillary operations, such as ladling, hot metal transfer, skimming and desulfurization; and sinter plants. The HAP emitted from Iron and Steel sources include metal HAP (all sources) and volatile HAP (sinter plant only). We also will address unregulated HAP, such as mercury, dioxins/furans and hydrogen cyanide, as well as petitioners concerns, which also include mercury and dioxins/furans. This action will implement the residual risk review requirements of CAA section 112(f)(2) and the technology review requirements of CAA section 112(d)(6). The statute directs the EPA to promulgate emission standards under CAA 112(f)(2) if such standards are required to provide an ample margin of safety to protect public health or to prevent, taking relevant factors into account, an adverse environmental effect. Any such standards are to be promulgated within 8 years after promulgation of MACT standards under CAA section 112(d). CAA section 112(d)(6) requires the EPA to review and revise the MACT standards as necessary, taking into account developments in practices, processes and control technologies, no less often than every 8 years. This RTR is subject to an ongoing deadline suit, but does not have established proposal or final rule dates yet. Back

Rule Responding to Remands of SO2 Emissions Budgets Under the Cross-State Air Pollution Rule

A 2015 court decision regarding the Cross-State Air Pollution Rule (CSAPR) remanded the CSAPR Phase 2 SO2 budgets for four states to EPA for reconsideration. This proposed action would respond to the remands of any of the four budgets not addressed in the context of other EPA actions. Back

Internet Posting Requirements for Hazardous Waste Exports and Imports

The EPA is considering amending existing regulations in 40 CFR Parts 262, 264, and 265, regarding the export and import of hazardous wastes from and into the United States. The EPA is making these changes to: improve protection of public health and hazardous wastes and ensure accessibility and transparency of export and import documentation. Specifically, the Agency plans to revise the existing regulations to require exporters of hazardous waste and facilities receiving hazardous waste import shipments to maintain a single Web site (“Export/Import Web site”) to which documents can be posted regarding the confirmation of receipt and confirmation of completed recovery or disposal of individual hazardous waste import and export shipments. These changes will improve information on the movement and disposition of hazardous wastes, improving the Agency's ability to monitor compliance with applicable legal requirements; and will enable regulated parties, interested members of the community, and the government to benefit from the electronic provision of data. Back

Public Notice Requirements for Combined Sewer Overflow Discharges to the Great Lakes

Section 425 of the 2016 Consolidated Appropriations Act calls for the EPA to work with affected states having publicly owned treatment works that discharge to the Great Lakes to create public notice requirements for a combined sewer overflow (CSO) discharge to the Great Lakes. The Notice requirements call for initial notification of CSO events, follow-up notice, and annual reporting. The notice requirements are to address the method of the notice, the contents of the notice, and requirements for public availability of the notice. The EPA is working with the Great Lakes states to identify and evaluate options for implementing Section 425 of the Appropriations Act. In addition, the EPA has met with various stakeholder groups that represent municipalities, industry practitioners, and environmental organizations. The EPA will continue to meet with interested stakeholders throughout the rulemaking process. In addition, this September the EPA will hold a public meeting to provide stakeholders and other members of the public with an opportunity to share their views regarding potential new public notification requirements for CSOs in the Great Lakes Basin. Back

Federal Human Health Criteria Applicable to Idaho

The EPA is proposing human health criteria applicable to waters under the state of Idaho's jurisdiction to protect fish consumers in Idaho from exposure to toxic pollutants. The EPA's proposed human health criteria for Idaho use a fish consumption rate based on regional and local fish consumption data, as well toxicity and exposure parameters based on the latest science and information. The EPA's proposal also takes into account applicable EPA policies, guidance, and legal requirements. Back

State of Kentucky Section 1425 Underground Injection Control (UIC) Program Primacy Approval

The State of Kentucky has applied to the EPA under Section 1425 of the Safe Drinking Water Act (SDWA), 42 U.S.C. Section 300h-4, for primary enforcement responsibility for Class II injection wells. This direct final rule is based on a legal and technical review of Kentucky's application as directed at 40 CFR Part 147. As a result of this review, EPA is issuing this direct final rule stating the Kentucky's application meets all applicable requirements for approval under SDWA Section 1425, and the state is capable of administering a UIC program in a manner consistent with the terms and purposes of the SDWA and all applicable regulations. These regulations are being promulgated under the authority of Sections 1425 and 1450 of the SDWA, 42, U.S.C. 300h-4 and 300j-9. We are publishing this rule without a prior proposed rule because we view this as a noncontroversial action and anticipate no adverse comment because no adverse comments arose during the public comment period for the state notice. However, we are publishing a separate, parallel proposal that will take effect if adverse comments are received on this direct final rule. Back

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Abstracts for the April 2016 AIL

Stationary Combustion Turbine Risk and Technology Review

This action will address the agency's residual risk and technology review (RTR) of the National Emission Standards for Hazardous Air Pollutants (NESHAP) for Stationary Combustion Turbines. The Stationary Combustion Turbine NESHAP, subpart YYYY, was promulgated pursuant to section 112(d) of the Clean Air Act (CAA) on March 5, 2004. The NESHAP established emission limitations based on maximum achievable control technology (MACT) for controlling emissions of hazardous air pollutants (HAP) from stationary combustion turbines. The HAP emitted from stationary combustion turbines include formaldehyde, toluene, benzene, and acetaldehyde. This action will implement the residual risk review requirements of CAA section 112(f)(2) and the technology review requirements of CAA section 112(d)(6). The statute directs the EPA to promulgate emission standards under CAA 112(f)(2) if such standards are required to provide an ample margin of safety to protect public health or to prevent, taking relevant factors into account, an adverse environmental effect. Any such standards are to be promulgated within 8 years after promulgation of MACT standards under CAA section 112(d). CAA section 112(d)(6) requires the EPA to review and revise the MACT standards as necessary, taking into account developments in practices, processes and control technologies, no less often than every 8 years. This RTR is subject to an ongoing deadline suit, but does not have established proposal or final rule dates yet. Back

Revisions to Method 301: Field Validation of Pollutant Measurement Methods from Various Waste Media

The purpose of Method 301 is to provide a set of procedures that the owner or operator of an affected source subject to requirements under 40 CFR part 63 can use to validate an alternative test method to a test method required in 40 CFR part 63, or to validate a stand-alone alternative test method based on established precision and bias criteria. The EPA is proposing revisions to existing Method 301. The proposed revisions include editorial, technical, and consistency changes in the language, tables, and equations of Method 301. Method 301 was originally published on December 29, 1992 [57 FR 61970], as a field validation protocol method. On March 16, 1994, Method 301 was included in 40 CFR 63.7 [59 FR 12430] to validate alternative test method requests. To date, subsequent revisions of Method 301 have not been changed to distinguish requirements for site-specific applications of the method versus a single validation for multiple sources. Back

Engine Test Cells National Emission Standards for Hazardous Air Pollutants Risk and Technology Review

This action will address the EPA's residual risk and technology review (RTR) of the National Emission Standards for Hazardous Air Pollutants (NESHAP) for Engine Test Cell/Stands. The Engine Test Cell NESHAP, subpart PPPPP, was promulgated pursuant to section 112(d) of the Clean Air Act (CAA) on May 27, 2003. The NESHAP established emission limitations and work practice requirements based on maximum achievable control technology (MACT) for controlling emissions of hazardous air pollutants (HAP) from engine test cells. The HAP emitted from engine test cells include formaldehyde, toluene, and benzene. This action will implement the residual risk review requirements of CAA section 112(f)(2) and the technology review requirements of CAA section 112(d)(6). The statute directs the EPA to promulgate emission standards under CAA 112(f)(2) if such standards are required to provide an ample margin of safety to protect public health or to prevent, taking relevant factors into account, an adverse environmental effect. Any such standards are to be promulgated within 8 years after promulgation of MACT standards under CAA section 112(d). CAA section 112(d)(6) requires the EPA to review and revise the MACT standards as necessary, taking into account developments in practices, processes and control technologies, no less often than every 8 years. This RTR is subject to an ongoing deadline suit, but does not have established proposal or final rule dates yet. 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."


How Do I Access a Past AIL?

Every available AIL may be found in our AIL docket (#OA-2008-0265) on Regulations.gov. AILs are added to this docket as they are posted on this website. AILs 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 (#EPA-HQ-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?

Action 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 (www2.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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