Action Initiation List – April 2012 Page 1 of 5

April 2012 Action Initiation List (as of 6/22/2012)

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 – 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 

frequently 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 prevent 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 multipathway 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 unacceptable 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 stipulates 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 proposes 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 significant 

technical obstacles, and meets the same operational performance requirements 

while reducing costs and impacts on waste emplacement activities.

12 months 

or less 
Action Initiation List – April 2012 Page 3 of 5

Action Title Stage Contact Abstract

Projected

Publication 

Date

Significant New Use 

Rule for 

Perfluoroalkyl 

Sulfonates and LongChain 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 notification 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 less

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 language 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 other 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 administrative 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 the 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 
Action 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 
Action 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 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.