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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.

December 2016 Action Initiation List

Download the December 2016 AIL (PDF).

December 2016 (as of 12/28/2016)
Title

Abstract
What's This?

Projected Publication Date
What's
This?

Fuels Regulation Modernization - Phase 1

NPRM
734-214-4479
Parsons.Nick@epa.gov
Abstract 12 months or less

Modernizing Ignitable Liquids Determinations

NPRM
703-308-0319
Fagnant.Daniel@epa.gov
Abstract More than 12 months
Asphalt Processing and Asphalt Roofing Manufacturing RTR NPRM
919-541-1390                            
Boyd.Rochelle@epa.gov
Abstract More than 12 months
Federal Numeric Nutrient Criteria Applicable to Missouri NPRM
202-566-2676
Sengco.Mario@epa.gov
Abstract More than 12 months

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November 2016 Action Initiation List

Download the November 2016 AIL (PDF).

November 2016 (as of 12/12/2016)
Title

Abstract
What's This?

Projected Publication Date
What's
This?

Toxic Substance Control Act Reporting and Recordkeeping Requirements; Standards for Small Manufacturers and Processors

Notice Lynne Blake-Hedges
202-564-8807
Blake-Hedges.Lynne@epa.gov
Abstract 12 months or less

Community Right-to-Know; Direct Final Rule to Adopt 2017 North American Industry Classification System (NAICS) Codes for Toxics Release Inventory (TRI) Reporting

NPRM, Direct Final Stephanie Griffin
202-564-1463
Griffin.Stephanie@epa.gov
Abstract 12 months or less

Toxic Substances Control Act Chemical Data Reporting Revisions

NPRM Susan Sharkey
202-564-8789
Sharkey.Susan@epa.gov
Abstract 12 months or less

Oil & Natural Gas Sector Corrections

NPRM Lisa Thompson
919-541-9775
Thompson.Lisa@epa.gov
Abstract 12 months or less

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Abstracts for the December 2016 AIL

Fuels Regulation Modernization - Phase 1

This action is the first of three phases intended to streamline and modernize EPA’s fuels regulations. The purpose of this effort is to update EPA’s existing gasoline and diesel regulations to reduce compliance costs for both EPA and industry, improve environmental benefits, and improve compliance assurance with EPA’s fuels requirements. In this first phase, EPA will focus on streamlining and modernizing the existing fuels regulatory requirements and designing them in a way to match today's fuel marketplace, undertaking actions such as developing a single common set of provisions and definitions that will apply across all gasoline and diesel programs to reduce complexity, eliminate redundancy, and avoid duplication. Subsequent phases will look at removing variations in in-use fuel requirements and put in place provisions to ensure that health and welfare are protected as new fuels enter the marketplace. Back

Modernizing Ignitable Liquids Determinations

The EPA is proposing to update the flash point test methods for the determination of characteristically ignitable hazardous waste. The currently required test methods refer to outdated standards developed by the American Society for Testing and Materials (ASTM standards) and require instrumentation that is no longer readily commercially available. In addition, the standards require the use of mercury thermometers. The proposed update to the flash point test methods will allow for the use of commercially available instrumentation and will no longer require mercury thermometers. The EPA will also propose that the requirements for mercury thermometers be removed from the SW-846 Compendium sampling methods. In addition, a revision to clarify the alcohol exclusion for ignitable aqueous alcohols is being proposed. The alcohol exclusion will be revised to specifically list beverage alcohols with less than 24% alcohol content and latex paints as excluded from being ignitable hazardous waste. This will supersede guidance on the definitions of the terms “aqueous” and “alcohol” for the aqueous alcohol exclusion. Back

Asphalt Processing and Asphalt Roofing Manufacturing RTR

This action will address the agency’s residual risk and technology review (RTR) of the National Emission Standards for Hazardous Air Pollutants (NESHAP) for Asphalt Processing and Asphalt Roofing Manufacturing. The Asphalt Processing and Asphalt Roofing Manufacturing NESHAP, subpart LLLLL, was promulgated pursuant to section 112(d) of the Clean Air Act (CAA) on May 7, 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 asphalt processing and asphalt roofing manufacturing. Asphalt processing facilities produce “blown” asphalt for use in the asphalt roofing manufacturing industry and elsewhere. Asphalt roofing manufacturing facilities produce shingles and roll roofing products by applying the “blown” asphalt to a fiberglass or felt substrate. The HAP emitted from these processes include numerous organic compounds such as formaldehyde, hexane, phenol, polycyclic organic matter and toluene. 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. This action will also address any other regulatory actions for the source category as deemed appropriate. Back

Federal Numeric Nutrient Criteria Applicable to Missouri

The EPA is proposing numeric nutrient criteria for lakes in Missouri.  In August 2011, the EPA disapproved certain provisions of Missouri’s revisions to water quality standards based on concerns that the State’s numeric nutrient criteria for lakes were not based on a sound scientific rationale and that Missouri failed to demonstrate how the criteria would protect the designated uses. Missouri has not yet adopted numeric nutrient criteria to address EPA’s disapproval. Therefore, consistent with Clean Water Act (CWA) Section 303(c)(3), the EPA is proposing numeric nutrient criteria for lakes in Missouri that are scientifically defensible and protective water quality criteria. EPA is under a consent decree with Missouri Coalition for the Environment Foundation to either take CWA section 303(c) action to approve numeric nutrient criteria adopted by Missouri that address EPA’s prior disapproval, or propose statewide numeric nutrient criteria for lakes for Missouri by December 15, 2017. Back

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Abstracts for the November 2016 AIL

Toxic Substance Control Act Reporting and Recordkeeping Requirements; Standards for Small Manufacturers and Processors

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 action involves the revised TSCA section 8(a)(3)(C), which requires the EPA, after consultation with the Administrator of the Small Business Administration, to review the adequacy of the standards for determining the manufacturers and processors which qualify as small manufacturers and processors for purposes of TSCA sections 8(a)(1) and 8(a)(3), and, after providing public notice and an opportunity for comment, make a determination as to whether revision of the standards is warranted. Back

Community Right-to-Know; Direct Final Rule to Adopt 2017 North American Industry Classification System (NAICS) Codes for Toxics Release Inventory (TRI) Reporting

The Toxics Release Inventory (TRI) Program plans to issue a direct final rule to incorporate the revised 2017 North American Industry Classification System (NAICS) codes for TRI reporting purposes. The Office of Management and Budget (OMB) updates the NAICS codes every 5 years. OMB approved the 2017 NAICS codes on August 8, 2016 (81 FR 52584), with an effective date of January 1, 2017. The TRI Program currently uses 2012 and with this direct final rule, will implement the 2017 codes for TRI Reporting Year 2017. TRI facilities reporting to TRI will be required to use 2017 NAICS codes on reports that are due to the Agency by July 1, 2018.

The actual data required by a TRI form will not change as a result of this rulemaking, nor will the rule affect the universe of TRI reporting facilities that are required to submit reports to the Agency under the Emergency Planning and Community Right-to-Know Act section 313. Back

Toxic Substances Control Act Chemical Data Reporting Revisions

The Chemical Data Reporting (CDR) rule, under section 8(a) of the Toxic Substances Control Act (TSCA), requires manufacturers (including importers) to provide EPA with information on the production and use of chemicals in commerce in large quantities. The information is collected every four years from manufacturers (including importers) of certain chemicals in commerce generally when production volumes for the chemical are 25,000 pounds or greater for a specific reporting year. Collecting the information every four years assures that the EPA and (for non-confidential data) the public have access to information on chemicals that are produced in large quantities. Before the next reporting period of 2020, the EPA will be examining the reporting requirements to better align the reporting with Agency needs, such as frequency of reporting and changes to the processing and use codes, parent company information, and other changes due to the amendments to the TSCA by the Frank R. Lautenberg Chemical Safety for the 21st Century Act (not including the byproducts requirements). 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. Back

Oil & Natural Gas Sector Corrections

On June 3, 2016, the EPA published the final rule titled "Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources." In this action, we are correcting typographical errors, providing additional clarification and making minor corrections related to cross-references within the regulatory text. 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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