Action Initiation List – June 2013 Page 1 of 3

June 2013 Action Initiation List (as of 7/31/2013)

U.S. Environmental Protection Agency (EPA)

The following actions were initiated by EPA this month. Explanations of which EPA actions are included on this list and of each 

element of the table can be found at the end of this document. 

The two most recent Action Initiation Lists (AILs) can always be found at: http://www.epa.gov/lawsregs/search/ail.html. But, they 

will not provide updates on the actions listed herein. Updates on priority rulemakings are available from EPA's Regulatory 

Development and Retrospective Review Tracker (RegDaRRT) on www.epa.gov/rulemaking/. 

If one of the rules on this AIL is in RegDaRRT, a link to the rule's profile is included in the table below. For all rules – those that 

are in RegDaRRT and those that are not – you may obtain updates twice a year in EPA’s Semiannual Regulatory Agenda, which 

is accessible from these Web sites:

• EPA’s Laws, Regulations, Guidance and Dockets (http://www.epa.gov/lawsregs/search/regagenda.html)

• RegInfo.gov (http://www.reginfo.gov/public/do/eAgendaMain)

• Regulations.gov 

(http://www.regulations.gov/fdmspublic/component/main?main=UnifiedAgenda&agency=EPA&pubperiod=200710) 
Action Initiation List – June 2013 Page 2 of 3

Action Title Stage Contact Abstract

Projected

Publication 

Date

Treatment of Data 

Influenced by Exceptional 

Events

NPRM Elizabeth Palma 

919-541-5432

Palma.Elizabeth@epa.gov

This proposal will revise the Exceptional Events Rulemaking to clarify 

and streamline certain rule elements, including, but not limited to, those 

associated with high wind dust events, historical fluctuations, the “not 

reasonably controllable or preventable” criterion, and “but for.” On 

March 22, 2007, the EPA promulgated the “Treatment of Data 

Influenced by Exceptional Events; Final Rule” (72 FR 13560) pursuant 

to the 2005 amendment of CAA Section 319. This rule, known as the 

Exceptional Events Rule (EER), superseded the EPA’s previous natural 

events guidance and those sections of the interim fire policy document 

that address exceptional events. The EER created a regulatory process 

codified at 40 CFR parts 50 and 51 (50.1, 50.14 and 51.930). These 

regulatory sections contain definitions, procedural requirements, 

requirements for air agency demonstrations, and criteria for EPA 

approval for the exclusion of air quality data from regulatory decisions 

under the EER. Since EPA promulgated the EER in 2007, numerous 

interested parties have raised questions and issues regarding 

implementation of the rule.

12 months 

or less

Protection of Stratospheric 

Ozone: Technical Updates 

to HTS Codes and Party 

Ratification Status under 

the Montreal Protocol

NPRM Staci Gatica 

202-343-9469

Gatica.Staci@epa.gov

This action is a technical update to address outdated appendices in 

the stratospheric protection regulations as well as associated 

regulatory text language referring to the appendices. First, Appendix 

C (Parties to the Montreal Protocol as of January 2003) will be 

deleted and regulatory text will refer to the Ozone Secretariat’s 

website for lists of countries that have ratified various amendments of 

the Montreal Protocol. This will help clarify those countries the United

States is able to trade with per ratification status and decisions of the 

Montreal Protocol. Referring to the Montreal Protocol website will 

increase certainty by avoiding the need for future updates to 

ratification status. Second, Appendix K will be updated to reflect the 

current harmonized tariff schedule (HTS) codes associated with 

ozone-depleting substances. This will help importers identify what 

HTS code they should use.

12 months 

or less 
Action Initiation List – June 2013 Page 3 of 3

What EPA Actions Appear on the AILs? 

Generally, AILs include those actions that 1) will appear in 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 the Agenda. 

Also, keep in mind that AILs will not post immediately. You can access a given month's list roughly 15 days after the close of the month (e.g., 

the April 2011 AIL will post sometime around May 15th).

What Does Each Column in the AIL Mean?

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 proposed modification to an existing rule. In the AILs, the following acronyms 

are used:

• ANPRM - Advance Notice of Proposed Rulemaking

• NPRM - Notice of Proposed Rulemaking

• Supplemental - Supplemental NPRM 

• Direct Final - Direct Final Action

• Interim Final – Interim Final Action

• Final – Final Action

• Section 610 Review – Agency Review under Section 610 of the Regulatory Flexibility Act

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 

RegDaRRT (www.epa.gov/rulemaking/), 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 difficult 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.