September 2013 Action Initiation List (as of 1/16/2014)

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 – September 2013 Page 1 of 5
Action Title Stage Contact Abstract

Projected

Publication 

Date

SAN 5730 - National 

Emission Standards for 

Hazardous Air Pollutants 

for Area Sources: 

Industrial, Commercial, 

and Institutional Boilers; 

Notice of Reconsideration 

of Final Rule and Request 

for Public Comment

NPRM Mary Johnson 

919-541-5025

Johnson.Mary@epa.gov

On February 1, 2013, EPA issued final amendments to the National 

Emission Standards for Hazardous Air Pollutants for Area Sources: 

Industrial, Commercial, and Institutional Boilers (40 CFR part 63, 

subpart JJJJJJ). EPA received three petitions for reconsideration of 

the final amendments. On August 5, 2013, EPA granted 

reconsideration on five issues raised in the petitions. The petitions 

for reconsideration indicated that the public lacked an opportunity to 

comment on these provisions. Although EPA added these 

provisions after consideration of public comments on the proposal, 

EPA granted reconsideration to provide an opportunity for public 

comment on these five issues. EPA plans to issue a Federal 

Register notice announcing our decision to grant reconsideration 

and soliciting public comment on the five issues. Additionally, the 

notice announces amendments to clarify implementation issues 

raised by stakeholders and to make technical corrections. 

12 months 

or less 

SAN 5731 - Standards of 

Performance for New 

Stationary Sources and 

Emission Guidelines for 

Existing Sources: 

Commercial and Industrial 

Solid Waste Incineration 

Units; Notice of 

Reconsideration

NPRM Toni Jones 

919-541-0316

Jones.Toni@epa.gov

On February 7, 2013, EPA issued final amendments to the 

Standards of Performance for New Stationary Sources and 

Emission Guidelines for Existing Sources: Commercial and 

Industrial Solid Waste Incineration Units. EPA received seven 

petitions for reconsideration of the final amendments. On August 

5, 2013, EPA granted reconsideration on two issues raised in the 

petitions: (1) The definition of “CEMS data during startup and 

shutdown periods;” (2) The PM limit for the waste-burning kiln 

subcategory. The petitions for reconsideration indicated that the 

public lacked an opportunity to comment on these provisions. 

Although EPA added these provisions in response to public 

comments on the proposal, EPA granted reconsideration to 

provide an opportunity for public comment on these two issues. 

EPA plans to issue a Federal Register notice announcing our 

decision to grant reconsideration and soliciting public comment 

on the two issues. 

12 months 

or less 

Action Initiation List – September 2013 Page 2 of 5
Action Title Stage Contact Abstract

Projected

Publication 

Date

SAN 5732 - National 

Emission Standards for 

Hazardous Air Pollutants Risk 

and Technology Review 

Reconsideration: Oil and 

Natural Gas Sector

NPRM Matthew Witosky 

919-541-2865

Witosky.Mattew@epa.gov

On August 16, 2012, EPA promulgated residual risk and 

technology review (RTR) amendments to National Emission 

Standards for Hazardous Air Pollutants (NESHAP) that regulate 

hazardous air pollutants (HAP) from new and existing stationary 

sources in the oil and natural gas industry. Based on our review, 

the 2012 rules amended two NESHAP (40 CFR part 63, subparts 

HH and HHH) for the oil and natural gas industry which were 

promulgated in 1999. On October 15, 2012, EPA received 

several petitions for reconsideration to reconsider, clarify and 

amend certain provisions of the final 2012 rule. At this time we 

are evaluating potential issues to reconsider.

12 months 

or less

SAN 5733 - National 

Emission Standards for 

Hazardous Air Pollutants for 

Major Sources: Industrial, 

Commercial, and Institutional

Boilers and Process Heaters; 

Notice of Reconsideration

NPRM Jim Eddinger 

919-541-5426

Eddinger.Jim@epa.gov

On January 31, 2013, EPA issued final amendments to the National 

Emission Standards for Hazardous Air Pollutants for Major Source: 

Industrial, Commercial, and Institutional Boilers and Process 

Heaters (40 CFR part 63, subpart DDDDD). EPA received ten 

petitions for reconsideration of the final amendments. On August 5, 

2013, EPA granted reconsideration on three issues raised in the 

petitions. The petitions for reconsideration indicated that the public 

lacked an opportunity to comment on these provisions. Although 

EPA added these provisions in response to public comments on the 

proposal, EPA granted reconsideration to provide an opportunity for 

public comment on these three issues. EPA plans to issue a 

Federal Register notice announcing our decision to grant 

reconsideration and soliciting public comment on the three issues. 

Additionally, the notice announce amendments to clarify 

implementation issues raised by stakeholders and to make 

technical corrections 

12 months 

or less 

Action Initiation List – September 2013 Page 3 of 5
Action Title Stage Contact Abstract

Projected

Publication 

Date

SAN 5734 - National 

Emissions Standards for 

Hazardous Air Pollutants 

for the Portland Cement 

Manufacturing Industry 

and Standards of 

Performance for Portland 

Cement Plants; 

Amendments

NPRM Sharon Nizich 

919-541-2825

Nizich.Sharon@epa.gov

This action is to make minor technical revisions, clarify that current 

emission limits apply and make a minor change to one of the 

parametric monitoring requirements. The existing parametric 

monitoring requirements for the organic HAP and PM standards allow 

a scaling factor adjustment if the source’s organic HAP and PM 

emissions never rise above 75 percent of the standard, but the HCl 

monitoring requirements do not have this provision. This action would 

allow a parametric monitoring scaling for HCl monitoring, as well. 

There are no legal or statutory deadlines associated with this 

rulemaking.

12 months 

or less 

SAN 5729 -

Polychlorinated Biphenyls 

(PCBs): Manufacturing 

(Import) Exemption for the 

Defense Logistics Agency 

(DLA)

NPRM, 

Direct Final 

Kelly Greene 

703-347-0363

Greene.Kelly@epa.gov

With certain exceptions, section 6(e)(3) of the Toxic Substances 

Control Act (TSCA) bans the manufacture, processing, and 

distribution in commerce of polychlorinated biphenyls (PCBs). For 

purposes of TSCA, ‘‘manufacture’’ is defined to include import into 

the Customs Territory of the United States. One of these exceptions 

is TSCA section 6(e)(3)(B), which gives EPA authority to grant 

petitions to perform these activities for a period of up to 12 months, 

provided EPA can make certain findings by rule. On April 23, 2013, 

the EPA received a petition from the United States Defense Logistics 

Agency (DLA), a component of the United States Department of 

Defense (DOD), to import foreign-manufactured PCBs that DOD 

currently owns in Japan for disposal in the United States. EPA is 

considering granting DLA’s petition. A decision to grant the petition 

would allow DLA to manufacture (i.e., import) certain PCBs for 

disposal.

12 months 

or less 

Action Initiation List – September 2013 Page 4 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. 

Action Initiation List – September 2013 Page 5 of 5