### A ction Initiation List

– January 2012 Page 1 of 6 

## January 2012 Ac tion Initiation List (as of 3 / 07 /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

– January 2012 Page 2 of 6 Action Title Stage Contact Abstract Projected

Publication

Date Hydraulic Fracturing Chemicals; Chemical Information Reporting under TSCA section 8(a) and Health and Safety Data Reporting under TSCA section 8(d) ANPRM Chenise Farquharson

202

- 564

- 7768 Farquharson.Chenise@epa.gov Through this action, EPA plans to develop an Advance Notice of Proposed Rulemaking (ANPRM) and initiate a stakeholder process to provide input on the design and scope of the Toxic Substances Control Act ( TSCA ) reporting requirements that would be included in a proposed rule. EPA anticipates that states, industry, public interest groups and members of the public will be participants in the stakeholder process. The stakeholder process will bring stakeholders toge ther to discuss the information needs and help EPA to ensure reporting burdens and costs are minimized, ensuring information already available is considered in order to avoid duplication of efforts. 12 months

or less

National Emission Standards

for Hazardous Air Pollutant

Emissions: Manufacture of Amino/Phenolic Resins, Acrylic and Modacrylic Fibers Production, and Polycarbonate

Production Risk and Technology Review NPRM Nick Parsons

919

- 541

- 5372 Parsons.Nick@epa.gov In this action EPA will perform risk and technology reviews for the following three National Emission Standards for Hazardous Air Pollutants (NESHAP): Manufacture of Amino/Phenolic Resins; Acrylic and Modacrylic Fibers Production; and Polycarbonate Production. These reviews are under a deadline consent decree for proposal in October 2012 and promulgation in October 2013. Clean Air Act (CAA) sections 112(f)(2) and 112(d)(6) require EPA to conduct these reviews. Under the "technology review" provision of CAA section 112, EPA is required to review maximum achievable control technology (MACT) standards and to revise them "as necessary (taking into account developments in practices, processes and control technologies)" no less frequently than every 8 years. Under the "residual risk" provision of CAA section 112, EPA must evaluate the MACT standards within 8 years after promulgation and promulgate standards if required to provide an ample margin of safety to protect public health or prevent an adverse

environmental effect. EPA will also remove s tartup, shutdown, and malfunction exemptions for these source categories, as required by recent court decisions. 12 months

or less

### A ction Initiation List

– January 2012 Page 3 of 6 Action Title Stage Contact Abstract Projected

Publication

Date

Renewable Fuel Standards (RFS) Volume Standards for

2013 NPRM David Korotney

734

- 214

- 4507 Korotney.David@epa.gov In response to the Energy Independence and Security Act (EISA), which amended the Clean Air Act Section 211(o), EPA finalized the RFS2 program regulations. The new provisions also require EPA to promulgate regulations that specify the annual statutory v olume requirements for renewable fuels, including cellulosic biofuel, biomass

- based diesel, advanced biofuel, and total renewable fuel that must be used in transportation fuel annually. In the case of the cellulosic biofuel standard, the Act specifically r equires that the standard be set based on the volume projected to be available during the following year. If the volumes are lower than those specified under the Act, then EPA may also lower the advanced biofuel and total renewable fuel standards each year accordingly. Further, the Act requires the Administrator to promulgate rules establishing the applicable volumes of biomass

- based diesel for 2013 and beyond and to do so no later than 14 months before the year for which such applicable volume will apply. Therefore, this action will also propose and finalize, at minimum, the 2014 biomass based diesel (BBD) volume along with all the 2013 standards. This regulatory action will establish, as required, the annual statutory volume requirements for the RFS2 fuel categories (cellulosic, biomass

- based diesel, advanced biofuel, and renewable fuel) that apply to all gasoline and diesel produced or imported in 2013 and set, at minimum, the 2014 BBD requirement. Entities potentially affected by this final rule

are those involved with the production, distribution, and sale of transportation fuels, including gasoline and diesel fuel or

renewable fuels such as ethanol and biodiesel. 12 months

or less

### A ction Initiation List

– January 2012 Page 4 of 6 Action Title Stage Contact Abstract Projected

Publication

Date Program Amendments and Addition of New Fuel Pathways

to the Renewable Fuel Standard (RFS) Program NPRM Sharyn Lie Lie.Sharyn@epa.gov

202

- 564

- 1092 The RFS2 program was required by the Energy Independence and Security Act of 2007 (EISA 2007), which amended the Clean Air Act (CAA). The final regulations for RFS2 were published in the Federal Register on March 26, 2010 (75 FR 14670). EPA has previously published clarifications and modifications, technical amendments, and new pathways, to the final RFS2 regulations. This proposed regulation would provide additional clarifications, modifications, and technical amendments to RFS2 and will clarify, modify an d technically amend other fuels programs in 40 CFR Part 80. This action will assist regulated parties with complying with requirements by clarifying those requirements.

This action will also propose amendments to Table 1 to § 80.1426 of the RFS2 regulati ons to include additional fuel pathways and assign each pathway a D

- Code. It allows producers or importers of fuel produced under these pathways to generate Renewable Identification Numbers under the program, providing that the fuel meets the other require ments for renewable fuel. This action outlines EPA’s lifecycle greenhouse gas evaluation, specified in Clean Air Act section 211(o), as amended by EISA for several new pathways. This action adds these pathways to the table of approved fuel pathways. 12 mon ths

or less

Revisions to the Concentrated Animal Feeding Operations

Rule Direct

Final Louis Eby

202

- 564

- 6599 Eby.Louis@epa.gov On November 20, 2008, EPA published a final rule (73 FR 70418) to revise its regulations to address when the operator of

a Concentrated Animal Feeding Operation (CAFO) has a duty apply for a National Pollutant Discharge Elimination System (NPDES) Permit. On March 15, 2011, the United States Court of Appeals for the Fifth Circuit issued an opinion in National

Pork Producers Cou ncil v. EPA that vacated portions of the

2008 rule. This action will remove from the Code of Federal Regulations (CFR) all provisions vacated by the Court. 12

months or

less

### A ction Initiation List

– January 2012 Page 5 of 6 Action Title Stage Contact Abstract Projected

Publication

Date Regulation to Modify Definition of Heating Oil in Renewable Fuel Standard Program NPRM,

Direct

Final Paul Argyropoulos

202

- 564

- 1123 Argyropoulos.Paul@epa.gov This rule will qualify a fuel oil that is used to heat residential, business, commercial, industrial, or military buildings. This would not include fuel oils used to generate process heat, power, or other functions. The fuel oil would be used to generate h eat to warm buildings or other facilities where people
live, work, recreate, or conduct other activities. This amends the existing definition of heating oil in 40 CFR section 80.1401 to

include these fuel oils. This is in addition to the fuel oils

currentl y included in the definition of heating oil, and does not modify or limit the fuel included in the current definition. This rule also applies specific recordkeeping requirements to verify the fuel is used in approved applications. 12 months or

less

Mandatory Reporting of

Greenhouse Gases Rule: Proposed Confidentiality Determinations for Subpart I and Proposed Amendments to Subpart I Best Available Monitoring Provisions NPRM Alexis McKittrick

202

- 343

- 9153 McKittrick.Alexis@epa.gov This action re

- proposes the Confidential Business Information (CBI) determinations for Subpart I, Electronics Manufacturing, in the Greenhouse Gas Reporting Program. A proposed determination regarding whether the data reporting elements

would be made available to the public or be entitled to confidential treatment was originally proposed in July 2010 (75 FR 39094, July 7, 2010). These proposed determinations were based on a proposed Subpart I rule that had not yet been finalized. Because Subpart I has now been finalize d as well as been subsequently amended, and because the data reporting elements have changed significantly since proposal, EPA is re

proposing the confidentiality determinations for this source category. This action also propose s to remove the requirement

to re

- calculate emissions using Subpart I methodologies for years in which Best Available Monitoring Methods (BAMM) were used. Part 98 currently requires facilities to recalculate emissions for past years using Subpart I methodologies, once BAMM has expi red. 12 months

or less

### A ction Initiation List

– January 2012 Page 6 of 6 

# 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 Ap ril 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 acti on) 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 61 0 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.