### A ction Initiation List

– April 2012 Page 1 of 5 

## April 2012 Ac tion Initiation List (as of 6 / 2 2 /201 2 )

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 ea ch 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.ep a.gov/rulemaking/.

If one of the rules on this AIL is in RegDaRRT, a link to the rule's profile i s 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 Re gulatory 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.regu lations.gov/fdmspublic/component/main?main=UnifiedAgenda&agency=EPA&pubperiod=200710)

### A ction Initiation List

– April 2012 Page 2 of 5 Action Title Stage Contact Abstract Projected

Publication

Date

National Emission

Standards for

Hazardous Air

Pollutants Residual Risk and Technology

Review for Flexible Polyurethane Foam

Production NPRM Kaye Whitfield

919

- 541

- 2509 Whitfield.Kaye@epa.gov This action addresses the residual risk and technology reviews conducted for national emission standards for hazardous air pollutants (NESHAP) for flexible polyurethane foam production. The Flexible Polyurethane Foam Maximum Achievable Control Technology ( MACT ) standard was promulgated in October 1998 (see 63 FR 53980). EPA is required to review standards issued under Section 112 and to revise them "as necessary (taking into account developments in practices, processes and control technologies)" no less

fre quently than every 8 years. EPA also must evaluate the MACT standards within 8 years after promulgation and promulgate standards under Clean Air Act ( CAA ) section 112 (f)(2) if required to provide an ample margin of safety to protect public health or preve nt an adverse environmental effect. The source category potentially will be assessed for inhalation risks, including cancer risk and incidence, population cancer risk, and non

- cancer effects (chronic and acute). EPA also plans to potentially evaluate mu lti pathway risk associated with the source categories with significant levels of persistent and bioaccumulative hazardous air pollutants (HAP) HAP. The agency will follow the Benzene Policy to identify the source category as low risk, acceptable risk, or unac ceptable risk.

EPA will then evaluate the effectiveness and cost of additional risk reduction options and make acceptability and ample

- margin

- of

- safety determinations. If the need for additional controls is identified, the standards will include technology , work practice, and/or performance standards as amendments to the existing MACT standards. 12 months

or less

Criteria for the

Certification and

Recertification of the

Waste Isolation Pilot Plant's Compliance with the Disposal Regulations; Panel

Closure Redesign NPRM Raymond Lee

202 343

- 9463 Lee.Raymond@epa.gov This rule will modify a small portion of 40 CFR 194, “Criteria for the Certification

and Re

- certification of the Waste Isolation Pilot Plant’s Compliance with the 40 CFR Part 191 Disposal Regulations.” 40 CFR Part 194, Appendix A, Condition 1 currently sti pulates that the Option D Panel Closure included in Department of Energy ’s (DOE) 1996 Compliance Certification application be implemented to seal filled waste panels in the repository. On September 28, 2011, DOE submitted a Planned Change Request which pro poses the replacement of the concrete monolith and mortared explosion wall included in the Option D Panel Closure with an alternative design consisting of steel bulkheads and mined salt backfill. According to DOE, implementation of Option D presents signif icant technical obstacles, and meets the same operational performance requirements while reducing costs and impacts on waste emplacement activities

. 12 months

or less

### A ction Initiation List

– April 2012 Page 3 of 5 Action Title Stage Contact Abstract Projected

Publication

Date Significant New Use

Rule for Perfluoroalkyl Sulfonates and Long

Chain Perfluoroalkyl Carboxylates Used as Part of Carpets NPRM Toni Krasnic

202 564

- 0984 Krasnic.Toni@epa.gov Under section 5(a)(2) of the Toxic Substances Control Act (TSCA), EPA intends to promulgate a Significant New Use Rule (SNUR) to require persons to notify EPA at least 90 days before commencing the manufacture, import, or processing of perfluoroalkyl sulfonates and long

- chain perfluoroalkyl carboxylates for use as part of carpets. The required no tification would provide EPA with the opportunity to evaluate the intended use and, if necessary, to prohibit or limit that activity before it occurs. 12 months

or less

Environmental Protection Agency

Freedom of

Information Act Regulations Update NPRM Kelly Greene

202

- 566

- 2996 Greene.Kelly@epa.gov EPA is revising its Freedom of Information Act (FOIA) regulations, 40 CFR Part 2, Subpart A, which were last updated in 2002 in order to comply with the 2007 Open Government Act, reflect EPA's business process, and correct

obsolete information. 12 months

or l ess

National Oil and

Hazardous

Substances Pollution Contingency Plan;

Revision to Increase Public Availability of

the Administrative

Record File NPRM,

Direct

Final Melissa Dreyfus

703

- 603

- 8792 Dreyfus.Melissa@epa.gov EPA is considering amending Section 300.805(c)

- Location of the Administrative Record File in Subpart I

- Administrative Record for Selection of Response Action, of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). Specifically, EPA is considering adding langua ge to broaden the technology that the lead agency is permitted to use to make the administrative record file available to the public regarding documents that form the basis for the selection of a response action, to include computer

telecommunications or o ther electronic means. By updating language used to describe permitted technology, the lead agency will be able to serve the information needs of a broader population while maintaining the ability to provide traditional means of public access to the admini strative record file, such as paper copies. This amendment does not limit the lead agency’s ability to make the administrative record file available to the public in traditional forms, such as paper and microform. The lead agency should assess the capacity and resources of the public to utilize and maintain an electronic

- or computer telecommunications

- based repository to make a decision on which approach suits a specific site. Based on the preferences of the community and the lead agency’s assessment of th e site

- specific situation, the lead agency will determine whether to provide 1) paper copies, 2) electronic resources or 3) both paper copies and electronic resources. 12 months

or less

### A ction Initiation List

– April 2012 Page 4 of 5 Action Title Stage Contact Abstract Projected

Publication

Date Approval and Promulgation of Implementation Plans; State of Montana; State Implementation Plan and Regional

Haze Federal Implementation Plan NPRM Kathy Ayala

303

- 312

- 6142 Ayala.Kathy@epa.gov EPA Region 8 is acting on a State Implementation Plan ( SIP ) revision from the State of Montana for its Smoke Management Plan and has developed a Federal Implementation Plan ( FIP ) for the rest of Montana’s Regional Haze Program. The State gave EPA back the Regional Haze Program in a letter dated June 19,

2006. 12 months

or less

### A ction Initiation List

– April 2012 Page 5 of 5 

# 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 mo nth (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" c olumn: 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.