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.


October 2016 Action Initiation List

Download the October 2016 AIL (PDF).

October 2016 (as of 11/30/2016)
Title

Abstract
What's This?

Projected Publication Date
What's
This?

Revisions to Testing Regulations for Air Emission Sources

NPRM Lula Melton
919-541-2910
Melton.Lula@epa.gov
Abstract 12 months or less

Federal Aluminum Aquatic Life Criteria Applicable to Oregon

NPRM Heather Goss
202-566-1198
Gross.Heather@epa.gov
Abstract 12 months or less

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September 2016 Action Initiation List

Download the September 2016 AIL (PDF).

September 2016 (as of 11/17/2016)
Title

Abstract
What's This?

Projected Publication Date
What's
This?

Commercial, Industrial Solid Waste Incineration Federal Plan

NPRM Nabanita Modak
919-541-5572
Modak.Nabanita@epa.gov
Abstract 12 months or less

National Emission Standards for Hazardous Air Pollutants for Iron and Steel Foundries

NPRM Phil Mulrine
919-541-5289
Mulrine.Phil@epa.gov
Abstract More than 12 months

Air Quality Designations for the 2015 Ozone National Ambient Air Quality Standards

Final Denise Scott
919-541-4280
Scott.Denise@epa.gov
Abstract 12 months or less

Fees for Water Infrastructure Project Applications under the Water Infrastructure Finance and Innovation Act

NPRM Jordan Dorfman
202-564-0614
Dorfman.Jordan@epa.gov
Abstract 12 months or less

Renewable Fuel Volume Standards for 2018 and Biomass Based Diesel Volume (BBD) for 2019

NPRM David Korotney
734-214-4507
Korotney.David@epa.gov
Abstract 12 months or less

Toxic Substance Control Act Chemical Data Reporting; Requirements for Inorganic Byproducts

NPRM Susan Sharkey
202-564-8789
Sharkey.Susan@epa.gov
Abstract More than 12 months

Procedures for Rulemaking Under Section 6 of the Toxic Substances Control Act; Amendment

Final Cindy Wheeler
202-566-0484
Wheeler.Cindy@epa.gov
Abstract 12 months or less

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Abstracts for the October 2016 AIL

Revisions to Testing Regulations for Air Emission Sources

This action makes corrections and updates to source test methods, performance specifications, and testing regulations for air emission sources under 40 CFR Parts 51, 60, and 63. The revisions include corrections to testing provisions that contain inaccuracies and typographical errors, updates to outdated test methods, and the addition of alternative testing procedures the agency has deemed acceptable to use. For example, in Method 204, the enclosure area ratio must be less than 0.05, but the method currently inadvertently indicates less than 10.05. In Performance Specification 12B, the paired sorbent trap agreement currently indicates less than or equal to 20 percent relative deviation if the average concentration is less than or equal to 1.0 ug/m3; the proposed revision would indicate less than or equal to 20 percent relative deviation or less than or equal to 0.2 ug/dscm absolute difference for mercury concentrations less than or equal to 1.0 ug/dscm. This action is developed every few years to keep rules up-to-date and to ensure that compliance testing and monitoring are done correctly. Back

Federal Aluminum Aquatic Life Criteria Applicable to Oregon

The EPA is proposing water quality criteria in Oregon to protect aquatic life from the harmful effects of exposure to toxic levels of aluminum. In January 2013, the EPA disapproved Oregon's new and revised freshwater acute and chronic criteria for aluminum, based on concerns that the criteria would not adequately protect aquatic life in Oregon. Oregon has not yet adopted or submitted criteria for aluminum to address EPA's disapproval. Therefore, consistent with Clean Water Act Section 303(c)(3), the EPA is proposing aluminum criteria to protect aquatic life in Oregon. This rule will improve water quality, protect aquatic life, and strengthen Oregon's natural ecosystem. Under a consent decree with Northwest Environmental Advocates, EPA has until December 15, 2017 to either take an action under CWA section 303(c) to approve aquatic life criteria for aluminum submitted by the state of Oregon, or, if aluminum criteria have not yet been submitted by Oregon and approved by EPA, to propose statewide federal aquatic life criteria for aluminum for Oregon. Back

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Abstracts for the September 2016 AIL

Commercial, Industrial Solid Waste Incineration Federal Plan

On February 7, 2013, the EPA promulgated the final Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Commercial and Industrial Solid Waste Incineration (CISWI) Units. The EPA granted reconsideration on a select few issues, and the final reconsideration was published on June 23, 2016. The Clean Air Act (CAA) directs states with existing CISWI units subject to the emission guidelines to submit plans to the EPA that implement and enforce the emission guidelines. The emission guidelines contain model rule language that states can use for implementation. If a state with existing CISWI unit does not submit an approvable plan within 2 years after promulgation of the emission guidelines, the CAA requires the EPA to develop, implement and enforce a federal plan for CISWI units in the state. This action proposes the CISWI federal plan, which will consist of the model rule language presented in the emission guidelines. Back

National Emission Standards for Hazardous Air Pollutants for Iron and Steel Foundries

This action will address the agency's residual risk and technology review (RTR) of the National Emission Standards for Hazardous Air Pollutants (NESHAP) for Iron and Steel Foundries. The Iron and Steel Foundry NESHAP, subpart EEEEE, was promulgated pursuant to section 112(d) of the Clean Air Act (CAA) on April 22, 2004, and subsequently amended on May 20, 2005, and February 7, 2008. The NESHAP established emission limitations and work practice requirements based on maximum achievable control technology (MACT) for control emissions of hazardous air pollutants (HAP) from iron and steel foundries. The HAP emitted from iron and steel foundries include metal and organic compounds. 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

Air Quality Designations for the 2015 Ozone National Ambient Air Quality Standards

This action will establish the air quality designations for all areas of the United States under the 2015 ozone NAAQS. The designations "attainment", "nonattainment", or "unclassifiable" are based upon air quality monitoring data and other relevant information pertaining to the air quality in the affected area, including whether an area contributes to a violation of the standard in a nearby area. The schedule and process for designations is contained in CAA section 107. Under the schedule, States and Tribes are to submit their designation recommendations no later than one year from promulgation of the revised NAAQS. EPA is required to notify States and Tribes of any modifications that EPA intends to make to their recommendations no later than 120 days prior to promulgation of the designations. EPA must make the designations no later than 2 years from the October 1, 2017 promulgation of the revised NAAQS. However, EPA may extend that date by up to one year if EPA has insufficient information to complete the designations in 2 years. Back

Fees for Water Infrastructure Project Applications under the Water Infrastructure Finance and Innovation Act

The EPA is proposing this rule to establish fees for applying for federal credit assistance under the Water Infrastructure Finance and Innovation Act (WIFIA) program. As specified under 33 U.S.C. sections 3908(b)(7), 3909(b), and 3909(c)(3), EPA is authorized to charge fees to recover all or a portion of the Agency's cost of providing credit assistance and the costs of retaining expert firms, including counsel, in the field of municipal and project finance to assist in the underwriting and servicing of Federal credit instruments. EPA is proposing an initial application fee, credit processing fee, and servicing fee and is seeking comment on these. Back

Renewable Fuel Volume Standards for 2018 and Biomass Based Diesel Volume (BBD) for 2019

The Clean Air Act requires EPA to promulgate regulations that specify the annual volume requirements for renewable fuels under the Renewable Fuel Standard (RFS) program. Standards are to be set for four different categories of renewable fuels: cellulosic biofuel, biomass based diesel (BBD), advanced biofuel, and total renewable fuel. The statute requires the standards be finalized by November 30 of the year prior to the year in which the standards would apply. In the case of biomass based diesel, the statute requires applicable volumes be set no later than 14 months before the year for which the requirements would apply. Back

Toxic Substance Control Act Chemical Data Reporting; Requirements for Inorganic Byproducts

On June 22, 2016, President Obama signed into law the Frank R. Lautenberg Chemical Safety for the 21st Century Act which amends the Toxic Substance Control Act (TSCA), the Nation's primary chemicals management law. A summary of the new law, which includes much needed improvements to TSCA, is available at https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/frank-r-lautenberg-chemical-safety-21st-century-act. This particular rulemaking involves the revised TSCA section 8(b)(6)(A), which requires EPA to enter into a negotiated rulemaking and develop and publish a proposed rule within 3 years of enactment for manufacturers of any inorganic byproducts, when such byproducts, whether by the byproduct manufacturer or by any other person, are subsequently recycled, reused, or reprocessed. Back

Procedures for Rulemaking Under Section 6 of the Toxic Substances Control Act; Amendment

Section 6 of Toxic Substances Control Act (TSCA) provides EPA with several authorities for addressing risks from chemical substances and includes procedures that EPA must follow in doing so. The EPA promulgated regulations shortly after TSCA was enacted to implement the procedural requirements for rulemaking under section 6 of TSCA as they existed at that time. TSCA was recently amended by the Frank R. Lautenberg Chemical Safety for the 21st Century Act. This final rule removes the regulations (promulgated under the old version of TSCA, P.L. 94-469) specifying certain procedural requirements for rulemaking under section 6 of TSCA, including the requirement for a hearing, because TSCA no longer mandates those procedures. This final rule also makes minor conforming changes to the procedural rules for exemptions from the prohibitions in TSCA section 6(e) applicable to polychlorinated biphenyls. 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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