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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.
- March 2009 Action Initiation List (AIL)
- February 2009 AIL
- What is an AIL?
- How Do I Access Past AILs?
- How Do I Know When a New List Has Been Posted?
- What Does Each Column in an AIL Mean?
March 2009 Action Initiation List
Download the March 2009 AIL (PDF) (6 pp, 39K, About PDF).
RIN What's This? |
Title |
Stage What's This? |
Contact |
Abstract |
Projected Publication Date |
|---|---|---|---|---|---|
| 2025-AA25 | Toxics Release Inventory Form A Eligibility Revisions Implementing the 2009 Omnibus Appropriations Act | Direct Final | Cory Wagner 202-566-1555 Wagner.Cory@epa.gov |
12 months or less |
|
| 2060-AP50 | Clean Air Interstate Rule (CAIR) Replacement Rule | NPRM | Tim Smith 919-541-4718 Smith.Tim@epa.gov |
More than 12 months |
|
| 2060-AP51 | Response to Section 126 Petition from North Carolina | NPRM | Tim Smith 919-541-4718 Smith.Tim@epa.gov |
More than 12 months |
|
| 2060-AP52 | National Emission Standards for Hazardous Air Pollutants for Coal- and Oil-fired Electric Utility Steam Generating Units | NPRM | Bill Maxwell 919-541-5430 Maxwell.Bill@epa.gov |
More than 12 months |
|
| 2060-AP53 | Implementation of the Primary National Ambient Air Quality Standards (NAAQS) for Sulfur Dioxide (SO2) | NPRM | Peter Khaemba 919-541-9774 Khaema.Peter@epa.gov |
12 months or less |
|
| 2060-AP54 | Protection of Stratospheric Ozone: Listing of Substitutes for Ozone-Depleting Substances - Hydrocarbon Refrigerants | NPRM | Monica Shimamura 202-343-9337 Shimamura.Monica@epa.gov |
12 months or less |
|
| 2070-AJ51 | Regulation to Update Outdated ASTM References in EPA Regulations that Require the Use of Mercury Thermometers | NPRM and Direct Final | Robert Courtnage 202-566-1081 Courtnage.Robert@epa.gov |
12 months or less |
February 2009 Action Initiation List
Download the February 2009 AIL (PDF) (6 pp, 49K, About PDF).
RIN What's This? |
Title |
Stage What's This? |
Contact |
Abstract |
Projected Publication Date |
|---|---|---|---|---|---|
| 2020-AA49 | Technical Corrections to Title 40 to Conform to the Civil Monetary Penalty Inflation Adjustment Rule | Direct Final | David Abdalla 202-564-2413 Abdalla.David@epa.gov |
12 months or less |
|
| 2040-AF05 | Oil and Gas Construction Stormwater Rule | NPRM and Direct Final | Jack Faulk 202 564-0768 Faulk.Jack@epa.gov |
12 months or less |
|
2050-AG53 |
Inclusion of CERCLA Section 128(a) State Response Programs and Tribal Response Programs under 40 CFR Part 35 | Final | Virginia Fornillo 202-566-2770 Fornillo.Virginia@epa.gov |
12 months or less |
|
| 2060-AP47 | Implementation of the Primary National Ambient Air Quality Standards (NAAQS) for Nitrogen Dioxide | NPRM | Butch Stackhouse 919-541-5208 Stackhouse.Butch@epa.gov |
12 months or less |
|
| 2060-AP46 | Stay of CAIR and CAIR FIP for Minnesota | NPRM | Tim Smith 919-541-4718 Smith.Tim@epa.gov |
12 months or less |
|
| 2060-AP48 | National Emissions Standard for Hazardous Air Pollutants for Gold Mine Ore Processing | NPRM | Chuck French 919-541-7912 French.Chuck@epa.gov |
12 months or less |
|
| 2070-AJ49 | Pesticides; Data Requirements for Product Performance | NPRM | Amaris Johnson 703-305-9542 Johnson.Amaris@epa.gov |
More than 12 months |
Abstracts for March 2009 AIL
Toxics Release Inventory Form A Eligibility Revisions Implementing the 2009 Omnibus Appropriations Act
EPA will be amending its regulations on the eligibility criteria for submitting a Form A Certification Statement in lieu of the more detailed Form R submitted by facilities subject to Toxic Release Inventory (TRI) reporting under section 313 of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA) and section 6607 of the Pollution Prevention Act of 1990 (PPA). This action is being taken to comply with the "Omnibus Appropriations Act of 2009" enacted on March 11th, 2009. - Back
Clean Air Interstate Rule (CAIR) Replacement Rule
On May 12, 2005, the Environmental Protection Agency (EPA) promulgated the Clean Air Interstate Rule, commonly known as CAIR (70 FR 25162). CAIR used a cap and trade approach to reduce sulfur dioxide (SO2) and nitrogen oxides (NOx) emissions. On July 11, 2008, the D.C. Circuit issued an opinion finding CAIR unlawful and vacating the rule. On December 23, the D.C. Circuit issued a decision on the petitions for rehearing of the July 11 decision. The court granted EPA's petition for rehearing to the extent that it remanded the cases without vacatur of CAIR. This ruling means that the CAIR rule remains in place, but that EPA is also obligated to promulgate another rule under 110(a)(2)(D) consistent with the court's July 11 opinion. This rulemaking is to fulfill our obligation to develop a rule consistent with the Court decision. - Back
Response to Section 126 Petition from North Carolina
EPA is reconsidering its decision to deny the petition submitted by the State of North Carolina to EPA pursuant to section 126 of the Clean Air Act (CAA). On March 18, 2004, North Carolina submitted a petition to EPA, under section 126 of the CAA, alleging that upwind major sources of particulate matter (PM) and ozone precursors were contributing significantly to North Carolina's ability to attain or maintain the PM and ozone National Ambient Air Quality Standards (NAAQS). In 2006, EPA denied North Carolina's petition when we issued the CAIR Federal Implementation Plans (FIP) rule. After the D.C. Circuit remanded the CAIR rule, the legal basis for denying the PM part of North Carolina's petition no longer exists. In addition, facts have changed fundamentally regarding the ozone part of the petition. On March 5, 2009, the D.C. Circuit granted our motion for voluntary remand of our decision to deny North Carolina's petition. - Back
National Emission Standards for Hazardous Air Pollutants for Coal- and Oil-fired Electric Utility Steam Generating Units
As a result of the vacatur of the Clean Air Mercury Rule, EPA will be reverting to the December 2000 regulatory determination that added coal- and oil-fired electric utility steam generating units to the list of sources that must be regulated under section 112 of the Clean Air Act. The Agency will develop a Maximum Achievable Control Technology (MACT) standard which will reduce hazardous air pollutant (HAP) emissions from this source category. Recent court decisions on other MACT rules will be considered in developing this regulation. - Back
Implementation of the Primary National Ambient Air Quality Standards (NAAQS) for Sulfur Dioxide (SO2)
This rulemaking is intended to provide information concerning what actions should be taken to address the implementation of the primary NAAQS for Sulfur Dioxide (SO2). This action will provide rules and guidance on the Clean Air Act (CAA) requirements for State and Tribal governments to develop plans to implement the primary NAAQS for SO2. The rule will address, among other things, guidance to address control planning obligations, such as Reasonably Available Control Measures (RACM) including Reasonably Available Control Technology (RACT), the requirement to demonstrate Reasonable Further Progress (RFP), contingency measures, the requirement to submit an attainment demonstration using modeling, New Source Review (NSR), General Conformity, Transportation Conformity, and guidance concerning attainment dates, State Implementation Plans (SIP) submittal dates, and the requirements to address the section 110(a)(1) and (2) infrastructure SIP requirements. The rule will also address guidance concerning the possible transition from the pre-existing NAAQS to any new or revised NAAQS for SO2. - Back
Protection of Stratospheric Ozone: Listing of Substitutes for Ozone-Depleting Substances - Hydrocarbon Refrigerants
This action will list a number of hydrocarbon refrigerants as substitutes to ozone depleting substances for certain household and commercial uses under EPA's Significant New Alternatives Policy (SNAP) Program. The SNAP Program evaluates alternatives to ozone-depleting substances to ensure that they do not increase overall risks to human health and the environment and lists these substitutes as acceptable, acceptable subject to use conditions, acceptable with narrowed use limits, or unacceptable. This action would find a number of hydrocarbons acceptable subject to use conditions, including enforceable use conditions to ensure the safe use of hydrocarbons as refrigerants. This rule is anticipated to give industry more options with less overall environmental and health impact than current refrigerants. - Back
Regulation to Update Outdated ASTM References in EPA Regulations that Require the Use of Mercury Thermometers
This is a proposed series of technical amendments to replace references in EPA regulations to outdated ASTM standards that require the use of mercury thermometers. Regulations promulgated by several different program offices contain references to outdated ASTM standards which need to be replaced with the new superseding ASTM standards. EPA is working to phase-out the use of non-fever industrial mercury thermometers in laboratory and industrial settings, and these technical amendments will remove these regulatory barriers to such a phase-out. - Back
Abstracts for February 2009 AIL
Technical Corrections to Title 40 to Conform to the Civil Monetary Penalty Inflation Adjustment Rule
On December 11, 2008, EPA promulgated the 2008 Civil Monetary Penalty Inflation Adjustment Rule (73 FR 75340) to adjust all statutory civil monetary penalties for inflation. This rule was issued pursuant to the Debt Collection Improvement Act (DCIA), which requires each federal agency to adjust statutory penalty amounts under its jurisdiction to account for inflation. During the course of that rulemaking, EPA discovered that certain regulatory provisions of Title 40 referred to outdated statutory civil penalty amounts. This rulemaking will amend all regulatory references to specific civil penalty amounts to refer to "the current effective statutory maximum amount." - Back
Oil and Gas Construction Stormwater Rule
On June 12, 2006, EPA published a final rule to address a new provision added by the Energy Policy Act of 2005. The 2006 regulation effectively exempted from National Pollutant Discharge Elimination System (NPDES) permit requirements stormwater discharges of sediment from construction activities associated with oil and gas exploration, production, processing, or treatment operations or transmission facilities unless the relevant facility had a discharge of stormwater resulting in a discharge of a reportable quantity of oil or hazardous substances. Shortly thereafter, the Natural Resources Defense Council (NRDC) petitioned the Ninth Circuit Court of Appeals (Ninth Circuit) for direct review of EPA's action. On May 23, 2008, the Ninth Circuit Court of Appeals issued an opinion in NRDC v. U.S. EPA, 526 F.3d 591 (9th Cir. 2008), vacating EPA's 2006 oil and gas construction stormwater regulation. On July 21, 2008, EPA filed a petition for rehearing in this case. On November 3, 2008, the Ninth Circuit issued its order denying EPA’s request for rehearing of the Court’s decision vacating EPA's 2006 oil and gas construction stormwater regulation.
This direct final rule will (1) remove the codified 2006 rule from the Code of Federal Regulations consistent with the court vacature and (2) codify the revised 2005 Energy Policy Act definition of "oil and gas exploration, production, processing, treatment, and transmission operations" to clarify that certain uncontaminated discharges from oil and gas construction activities are exempt from permitting as identified in section 402(I)(2) of the Clean Water Act. - Back
Inclusion of CERCLA Section 128(a) State Response Programs and Tribal Response Programs under 40 CFR Part 35
EPA is authorized to combine State and Tribal Assistance Grant (STAG) "categorical" program grant funds into Performance Partnership Grants (PPGs). The Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) section 128(a) State and Tribal Response program grants are funded from STAG categorical appropriations and are eligible for inclusion under 40 CFR part 35 in a PPG. On August 20, 2004, (69 FR 51756) EPA added the CERCLA section 128(a) State and Tribal Grant program to the list of grants eligible for inclusion in PPGs.
EPA now plans to include State Response Programs per CERCLA section 128(a) under Title 40 Part 35 Subpart A and Tribal Response Programs per CERCLA section 128(a) under Title 40 Part 35 Subpart B as a PPG eligible grant program. The Agency also plans to add State Response Program and Tribal Response Program specific provisions. - Back
Implementation of the Primary National Ambient Air Quality Standards (NAAQS) for Nitrogen Dioxide
This rulemaking is intended to provide information concerning what actions should be taken to address the implementation of the primary NAAQS for Nitrogen Dioxide (NO2). The rulemaking will address implementation guidance concerning the various elements that must be addressed in State Implementation Plans (SIPs) that States must submit in order to meet the Clean Air Act (CAA) requirements related to the NO2 NAAQS. These elements include an attainment demonstration, Reasonable Further Progress (RFP), Reasonably Available Control Measures (RACM) and Reasonably Available Control Technology (RACT), Contingency Measures, New Source Review (NSR), Prevention of Significant Deterioration (PSD), as well as information on attainment dates, SIP submittal dates, and other CAA requirements. - Back
Stay of CAIR and CAIR FIP for Minnesota
In this action, EPA is proposing to stay the effectiveness, for the State of Minnesota only, of two final rules the Agency issued under section 110 of the Clean Air Act (CAA) related to the interstate transport of pollutants: (1) the May 12, 2005 Clean Air Interstate Rule (CAIR) and (2) the April 28, 2006 backstop CAIR federal implementation plan (FIP). The D.C. Circuit held that EPA, in CAIR and the CAIR FIP, had not properly addressed possible errors in EGU emissions for certain EGUs in Minnesota. EPA is proposing to stay the effectiveness of these two rules with respect to sources in Minnesota only, while EPA conducts a rulemaking addressing this issue and its impact on the inclusion of Minnesota in CAIR. It is important to complete this action quickly to eliminate trading of allowances by Minnesota sources during the time period for that rulemaking. - Back
National Emissions Standard for Hazardous Air Pollutants for Gold Mine Ore Processing
EPA is developing a national emissions standard for hazardous air pollutants (NESHAP) for gold mine ore processing facilities under Section 112 of the Clean Air Act. This action is being developed to help fulfill a mandate under Section 112(c)(6) of the Clean Air Act, which requires EPA to list categories and subcategories of sources assuring that sources accounting for not less than 90 per centum of the aggregate emissions of mercury are subject to standards under subsection 112(d)(2) or 112(d)(4) of the Clean Air Act. This action will help protect human health and the environment by proposing controls for mercury emissions from this source category. The proposed rule will cover one hazardous air pollutant (i.e., mercury). There are about 20 facilities in the U.S., and the vast majority of these facilities are located in Nevada. Moreover, about 90% of the emissions come from 5 large facilities in Nevada. Mercury emissions were first identified as an issue from these sources in 1999. EPA and the Nevada Division of Environment Protection (NVDEP) immediately took action, working together, coordinating for several years to evaluate and address these emissions. This collaboration initially resulted in a Voluntary Mercury Reduction Program (VMRP), formally established in 2001, between EPA, NVDEP and industry which included installation of effective mercury controls on several large facilities and resulted in significant emissions reductions. In 2006, the NVDEP converted this voluntary program into a mandatory regulation, the Nevada Mercury Control Program (NMCP) to make the controls mandatory, to expand the program to cover all facilities in Nevada, and to achieve further reductions. Thus, there has been long-standing collaborated effort to study and address these sources with a number of stakeholders involved (including industry, environmental organizations, various States and EPA). The proposed NESHAP will take these efforts one step further by establishing a national rule under the Clean Air Act. The proposed rule will cover those facilities in Nevada already subject to the NMCP, as well as a few facilities in other western states (e.g. CO, MT, AK). In addition, the action will help to ensure that any new facilities built in the U.S. would apply state-of-the-art controls to limit mercury emissions. - Back
Pesticides; Data Requirements for Product Performance
This rulemaking will codify invertebrate efficacy data requirements in support of invertebrate pesticide product registrations as mandated by FIFRA. This rulemaking will provide clarity, consistency, and transparency. The pesticide data requirements are codified in 40 CFR Part 158, which describes the minimum data and information EPA typically requires to support an application for pesticide registration or amendment; support the reregistration of a pesticide product; support the maintenance of a pesticide registration by means of the data call-in process, e.g., as used in the registration review program; or establish or maintain a tolerance or exemption from the requirements of a tolerance for a pesticide chemical residue. This part establishes general policies and procedures associated with the submission of data in support of a pesticide regulatory action. It does not, however, include study protocols, methodology, or standards for conducting or reporting test results; nor does this part describe how the Agency uses or evaluates the data and information in its risk assessment and risk management decisions, or the regulatory determinations that may be based upon the data. - Back
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.
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.
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 (#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?
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:
- ANPRM - Advanced Notice of Proposed Rulemaking
- Direct Final - Direct Final Action
- NPRM - Notice of Proposed Rulemaking
- Supplemental - Supplemental NPRM
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.
