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.

• November 2016 Action Initiation List (AIL)
• October 2016 Action Initiation List (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?

November 2016 Action Initiation List

Download the November 2016 AIL (PDF).

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October 2016 Action Initiation List

Download the October 2016 AIL (PDF).

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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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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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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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