Action Initiation List – March 2012 Page 1 of 6

March 2012 Action Initiation List, corrected (as of 6/06/2012)

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 – March 2012 Page 2 of 6

Action Title Stage Contact Abstract

Projected

Publication 

Date

Review of the NO2 

Primary National 

Ambient Air Quality 

Standards (NAAQS)

NPRM Scott Jenkins

919-541-1167

Jenkins.Scott@epa.gov

The last review of the Nitrogen dioxide (NO2) primary (health-based) National 

Ambient Air Quality Standards (NAAQS) was completed in January 2010, with the 

final decision published in the Federal Register in February 2010. In that decision, 

EPA added a new 1-hour NO2 standard, with a level of 100 ppb, to the existing 

annual standard, with a level of 53 ppb. The Clean Air Act establishes a 5-year 

review cycle for all NAAQS. EPA is now in the process of conducting the next 

review of the NO2 primary NAAQS.

More than 

12 months

Heavy-Duty Highway 

Program: Revisions 

for Emergency 

Vehicles and SCR 

Maintenance

NPRM Matt Spears

734-214-4921

Spears.Matt@epa.gov

On January 18, 2001, EPA published in the Federal Register a rule promulgating 

more stringent Nitrogen oxide (NOx) and particulate matter (PM) standards for 

heavy duty highway engines ("the heavy-duty highway rule"), entitled "Control of 

Air Pollution from New Motor Vehicles: Heavy-Duty Engine and Vehicle 

Standards" (66 FR 5001). EPA has previously published clarifications and 

technical amendments to that final heavy-duty highway rule. This action would 

provide additional clarification, modifications and technical amendments to the 

regulations for heavy-duty highway engines and would clarify, modify and 

technically amend some provisions in 40 CFR parts 86 and 1068. This action will 

assist regulated parties to comply with requirements by clarifying and/or 

simplifying those requirements. Specifically, this action would provide flexibility for 

on-highway emergency-response vehicles with respect to emissions of particulate 

matter and oxides of nitrogen. This action would also amend the requirements for 

emission-related scheduled maintenance with respect to replacement of diesel 

exhaust fluid, which is used in selective catalytic reduction (SCR) control systems. 

This action is not expected to result in significant changes in regulatory burdens or 

costs.

12 months 

or less
Action Initiation List – March 2012 Page 3 of 6

Action Title Stage Contact Abstract

Projected

Publication 

Date

NESHAP from HAP 

from Off-Site Waste 

and Recovery 

Operations RTR

NPRM Mary Kissell 

919-541-4516

Kissell.Mary@epa.gov

In this action EPA will perform risk and technology review for National Emission 

Standards for Hazardous Air Pollutants (NESHAP) from Off-Site Waste and 

Recovery Operations. This NESHAP has a consent decree for proposal by 

10/31/2012, and promulgation by November 2013. Clean Air Act (CAA) sections 

112(f)(2) and 112(d)(6) require EPA to conduct residual risk and technology 

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 startup, shutdown, and 

malfunction exemptions as required by recent court decisions.

12 

months or 

less

Heavy-Duty OnHighway and NonRoad Engine and 

Vehicle Regulation 

Streamlining and 

Technical 

Amendments

NPRM Matt Spears

734-214-4921

Spears.Matt@epa.gov

In January 2001, EPA finalized more stringent Particulate Matter (PM), NOx, and 

Hydrocarbon emissions standards for on-highway heavy-duty engines and 

vehicles (66 FR 5002). In June 2004, EPA finalized similar PM, NOx, and 

Hydrocarbon emissions standards for heavy-duty non-road diesel engines (69 FR 

38958). In September 2011, in response to the 2010 Presidential Memorandum 

Regarding Fuel Efficiency Standards, EPA and National Highway Traffic Safety 

Administration (NHTSA) jointly finalized the first ever greenhouse gas emissions 

standards (GHG standards) and fuel efficiency standards for on-highway mediumand heavy-duty engines and vehicles (76 FR 57106).To better align the emissions 

test procedures in the 2001 and 2004 rulemakings with the heavy-duty hybrid 

engine and vehicle test procedures in the 2011 rulemaking, this amendment 

would provide PM, NOx, and Hydrocarbon emissions certification test procedures 

specifically for heavy-duty hybrid engines and vehicles. This better alignment of 

EPA’s emissions test procedures will streamline the emission certification process 

for manufacturers of heavy-duty hybrid engines and vehicles. This amendment 

would provide additional clarifications, modifications, and technical amendments 

to (1) streamline manufacturer compliance with the rebuilding, remanufacturing, 

and replacement requirements for engines that were produced prior to the 

implementation of these two regulations; (2) streamline manufacturer compliance 

with the implementation of selective catalytic reduction (SCR) systems on 

emergency vehicles; (3) streamline manufacturer requests for exemptions under 

these rules’ hardship provisions; and (4) make minor changes to EPA’s GHG 

standards. This will assist regulated parties with complying with requirements by 

clarifying those requirements. This action is not expected to result in significant 

changes in regulatory burdens or costs.

12 

months or 

less 
Action Initiation List – March 2012 Page 4 of 6

Action Title Stage Contact Abstract

Projected

Publication 

Date

State Implementation 

Plans: Call to Amend 

Provisions Applying to 

Source Emissions 

from Startup, 

Shutdown, and 

Malfunction

NPRM Lisa Sutton 

919-541-3450

Sutton.Lisa@epa.gov

This proposal will address a petition for rulemaking EPA received from the 

Sierra Club in June 2011 entitled "Petition to Find Inadequate and Correct 

Several State Implementation Plans under Section 110 of the Clean Air Act Due 

to Startup, Shutdown, Malfunction, and/or Maintenance Provisions." The 

petition requests EPA to do several things, including to evaluate specific 

provisions in the state implementation plans (SIPs) for 39 states for consistency 

with the Clean Air Act and EPA's 1999 policy for excess emissions during start 

up, shut down, and malfunction (SSM) events. In the upcoming action, EPA will 

evaluate the petition and grant or deny the petition with respect to each of the 

state provisions identified in the petition. In the event EPA grants the petition 

with respect to a specific SSM provision, EPA will elect to issue either a SIP call 

or an error correction to address the SIP deficiency. In the event EPA issues a 

SIP call, a state will be required to revise its SIP as necessary to correct the 

identified inadequacies. EPA will conduct this action by notice and comment 

rulemaking. The current schedule is to take action on the petition by August 31, 

2012.

12 

months or 

less 

2012 Technical 

Corrections, Clarifying 

and Other 

Amendments to the 

Greenhouse Gas 

Reporting Rule, and 

Proposed 

Confidentiality 

Determinations for 

Certain Data 

Elements of the 

Fluorinated Gas 

Source Category 

NPRM Akachi Imegwu 

202-343-9709

Imegwu.Akachi@epa.gov

This action proposes to amend specific provisions of the Greenhouse Gas 

Reporting Rule to provide greater clarity and flexibility to facilities subject to 

reporting emissions from the following source categories, including petroleum

and natural gas systems (subpart W), fluorinated gas production (subpart L), 

and industrial waste landfills (subpart TT), and to the general provisions. These 

source categories will report GHG data for the first time in September 2012. The 

proposed changes are not expected to increase burden to reporters.

12 

months or 

less
Action Initiation List – March 2012 Page 5 of 6

Action Title Stage Contact Abstract

Projected

Publication 

Date

Air Quality: Revision 

to Definition of 

Volatile Organic 

Compounds –

Exclusion of trans 1-

chloro-3,3,3-

trifluoroprop-1-ene

NPRM, 

Direct 

Final

Dave Sanders 

919-541-3356

Sanders.Dave@epa.gov

This action is deregulatory in nature. The exemption of this compound from 

control as a Volatile Organic Compound (VOC) will allow industrial users to 

use the compound without the burden of controlling emissions. This will 

remove the compound from regulatory requirements related to controlling 

VOC emissions in order to meet the national ambient air quality standard for 

ozone. Since this exemption does not impose any new requirements, there 

is no cost associated with this action. 

12 

months or 

less 

MDI and TDI - TSCA 

§8(d) Reporting -

Unpublished Health 

and Safety Data

Final 

Action 

Katherine Sleasman 

202-564-7716

Sleasman.Katherine@epa.gov

EPA is developing a rule to require chemical manufacturers (including 

importers) to submit unpublished health and safety data on diisocyanates. 

These chemicals have been identified by the Office of Pollution Prevention 

and Toxics (OPPT) and recommended for testing consideration by the 

Interagency Testing Committee (ITC). Fourteen diisocyanates from the ITC 

list will be added to the 8(d) Health and Safety Rule. There is also an 

established regulation and process for imposing this one time reporting 

requirement.

12 

months or 

less
Action Initiation List – March 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 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.