August 2014 Action Initiation List (as of 9/24/2014)

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 – August 2014 Page 1 of 6
Action Title Stage Contact Abstract

Projected

Publication 

Date

Protection of 

Stratospheric Ozone: 

The 2016 Critical Use 

Exemption from the 

Phase-out of Methyl 

Bromide

 NPRM Jeremy Arling 

202-343-9055

Arling.Jeremy@epa.gov

Methyl bromide was phased out under the Clean Air Act and the Montreal 

Protocol on Substances that Deplete the Ozone Layer in 2005, except for limited 

exemptions. This action would authorize critical uses for the 2016 control period, 

and the amount of methyl bromide that may be produced or imported for those 

uses that year. Absent this rulemaking, production and import of methyl bromide 

for critical uses would be zero for 2016. EPA takes this action under the 

authority of the Clean Air Act to reflect consensus Decisions of the Parties to the 

Montreal Protocol in November 2014.

12 months 

or less

Amendments to Tier 3 

Motor Vehicle Emission 

and Fuel Standards, 

Nonroad Engine, 

Equipment, and Fuel 

Programs, and MARPOL 

Annex VI Implementation

NPRM, 

Direct Final 

Tia Sutton 

734-214-4018

Sutton.Tia@epa.gov

 

EPA is taking direct final action on three sets of amendments. First, we are 

making a variety of corrections to the Tier 3 motor vehicle emission and fuel 

standards. These changes generally correct or clarify various provisions from 

the Tier 3 rule without expanding the Tier 3 program or otherwise making any 

substantive changes to what was described in the April 2014 final rule. Second, 

we are revising the test procedures and compliance provisions for nonroad 

spark-ignition engines at or below 19 kW (and for the corresponding nonroad 

equipment) to conform to current practices. The changes to evaporative 

emission test procedures also apply to some degree to other types of nonroad 

equipment powered by volatile liquid fuels. Third, we are revising the regulations 

to more carefully align with current requirements that apply to marine vessels 

with diesel engines as specified under MARPOL Annex VI.

12 months 

or less 

Conforming Revisions to 

the Cross-State Air 

Pollution Rule

Interim 

Final 

Elyse Steiner

202-343-9141

Steiner.Elyse@epa.gov

 

This action would only be finalized if the DC Circuit Court grants EPA's motion to 

lift the Cross-State Air Pollution Rule (CSAPR) stay. This is a ministerial action 

amending the CSAPR so that it would conform to the court's decisions. No 

changes would be made in the substantive requirements of the existing rule.

12 months 

or less 

Revisions to Regional 

Consistency Regulations 

to Allow Variances for 

Judicial Decisions

NPRM Greg Nizich 

919-541-3078

Nizich.Greg@epa.gov

 

This rule will revise the Regional Consistency regulations to allow an exception 

for judicial decisions. The outcome of these revisions will not affect the regional 

consistency requirements for regulations or guidance documents other than 

those related to judicial decisions.

12 months 

or less 

Action Initiation List – August 2014 Page 2 of 6
Action Title Stage Contact Abstract

Projected

Publication 

Date

Toxics Release Inventory 

Addition of 

Hexabromocyclododecane 

(HBCD)

NPRM Daniel Bushman 

202-566-0743

Bushman.Daniel@epa.gov

 

EPA is evaluating whether to add hexabromocyclododecane (HBCD) to the 

list of chemicals reportable under section 313 of the Emergency Planning 

and Community Right-to-Know Act (i.e., the Toxics Release Inventory 

(TRI)). HBCD is a brominated flame retardant found world-wide in the 

environment and wildlife. Human exposure is evidenced from its presence 

in breast milk, adipose tissue and blood. It bioaccumulates and 

biomagnifies in the food chain. It persists and is transported long distances 

in the environment, and is highly toxic to aquatic organisms. HBCD is also 

of concern for certain chronic human health effects. EPA has developed 

the following Action Plan to address concerns for releases of HBCD to the 

environment:

http://www.epa.gov/oppt/existingchemicals/pubs/actionplans/RIN2070-

AZ10_HBCD%20action%20plan_Final_2010-08-09.pdf. The Action Plan 

includes the initiation of rulemaking to add HBCD to the TRI. 

12 months 

or less 

Reduction of Lead in 

Drinking Water 

Implementation Rule

NPRM Jeffrey Kempic 

202-564-4880

Kempic.Jeffrey@epa.gov

 

The Reduction of Lead in Drinking Water Act was enacted on January 4, 

2011, to amend Section 1417 of the Safe Drinking Water Act (SDWA or 

Act) respecting the use and introduction into commerce of lead pipes, 

plumbing fittings or fixtures, solder and flux. The 2011 “Reduction of Lead 

in Drinking Water Act” revised Section 1417 to:

(1) Redefine “lead free” in SDWA Section 1417(d) to 

· lower the maximum lead content of plumbing products such as pipes and 

fixtures from 8.0% to 0.25%; 

· establish a statutory method for the calculation of lead content; and

· eliminate the requirement that lead free products be in compliance with 

voluntary standards established in accordance with SDWA 1417(e) for 

leaching of lead from new plumbing fittings and fixtures. 

(2) Create exemptions in SDWA Section 1417(a)(4) from the prohibitions 

on the use or introduction into commerce for:

· “pipes, pipe fittings, plumbing fittings or fixtures, including backflow 

preventers, that are used exclusively for nonpotable services such as 

manufacturing, industrial processing, irrigation, outdoor watering, or any 

other uses where the water is not anticipated to be used for human 

consumption;” (SDWA 1417(a)(4)(A))

· “toilets, bidets, urinals, fill valves, flushometer valves, tub fillers, shower 

valves, service saddles, or water distribution main gate valves that are 2 

inches in diameter or larger.” (SDWA 1417(a)(4)(B))

EPA will propose regulations to codify the requirements in the Act.

12 months 

or more 

Action Initiation List – August 2014 Page 3 of 6
Action Title Stage Contact Abstract

Projected

Publication 

Date

Alaskan 

Seafood 

Processing 

Effluent 

Limitations 

Guidelines

Final Meghan Hessenauer 

202 566-1040

Hessenauer.Meghan@epa.gov

 

The existing effluent limitations guidelines (ELGs) for the Alaskan Seafood subcategories of 

the Canned and Preserved Seafood Processing ELGs (40 CFR Part 408) which were 

promulgated in the 1970s required new and existing sources to meet discharge requirements 

that reflected a facility’s proximity to population and/or processing centers: “non-remote” and 

“remote.” As promulgated, all facilities except for those listed in the non-remote ELGs (i.e., 

Anchorage, Cordova, Juneau, Ketchikan, Kodiak, and Petersburg) are subject to 

requirements for “remote” locations. For remote locations, the ELGs established numerical 

limits on particle size discharged (1/2 inch) based on grinding to reduce the size of the pieces 

prior to discharge. For the non-remote locations, the ELGs established numerical limits for 

total suspended solids (TSS) and oil and grease based on screening the solids from the 

wastewater prior to discharge and solids handling of screened solids by some means other 

than near shore direct discharge. These regulations were litigated and upheld in the Ninth 

Circuit. However, in 1980, certain members of the Alaskan seafood processing industry 

subsequently submitted two petitions along with new data and information to EPA requesting 

that it suspend the non-remote ELGs for facilities located in Anchorage, Cordova, Juneau, 

Ketchikan, and Petersburg and instead subject them to the less stringent requirements for 

“remote” locations. The non-remote ELGs would remain in effect for Kodiak. 

On May 19, 1980, EPA temporarily suspended the existing requirements for facilities in the 

five “non-remote“ centers covered in the petition and instead subjected them to the less 

stringent limits based on grinding, until October 15, 1980. On January 9, 1981, EPA issued a 

proposal to deny the petition to modify and amend the ELGs for Anchorage, Cordova, 

Ketchikan and Petersburg, but to grant the petition to remove Juneau from the non-remote 

subcategories. EPA also solicited comment on subjecting additional geographic locations 

including two specific locations, Dutch Harbor and Kenai Peninsula, to the “non-remote” 

requirements. In the 1981 proposal, EPA stated that the May 1980 suspension would remain 

in effect until EPA made a final decision. The Agency has not made a final decision and the 

suspension has remained in effect since 1980.

On November 7, 2013, EPA provided new data and information gathered since the 1981 

proposal. The notice described EPA’s recent data and information gathering; provided EPA’s 

preliminary analyses of the new data; and summarized what the Agency learned from the 

new data and analyses. It provided preliminary results of EPA’s analyses of the updated data 

for the five petition locations as well as preliminary analysis for possible additional locations. 

Finally, it provided preliminary indications of how these results may be reflected in EPA’s final 

response to petitions submitted in 1980 by certain members of the Alaskan seafood 

processing industry, and in amended effluent limitations. 

EPA is reviewing the comments received from the notice and is preparing responses. A final 

preamble and rule is expected be signed and published in September 2015.

12 months 

or more 

Action Initiation List – August 2014 Page 4 of 6
Action Title Stage Contact Abstract

Projected

Publication 

Date

Typographical 

Corrections to CWA 

Priority Pollutant List

NPRM, 

Direct 

Final 

Adrian Hanley 

202-564-1564

Hanley.Adrian@epa.gov

 

This action contains the list of priority pollutants, which was published in the 

Federal Register on November 19, 1982, with corrections made to 

typographical errors, standardization of formating, and the clarification of 

some of the outdated nomenclature with the addition of synonyms used by 

the Agency. It does not change the chemicals listed as priority pollutants.

12 months 

or less 

Modernization of the 

Accidental Release 

Prevention Regulations 

under Clean Air Act

NPRM Jim Belke 

202-564-8023

Belke.Jim@epa.gov

 

In response to Executive Order 13650, EPA is considering potential 

revisions to its Risk Management Program regulations and related 

programs. This notice may propose changes to the list of regulated 

substances and threshold quantities, addition of new accident prevention or 

emergency response program elements and/or changes to existing 

elements, and/or other changes to the existing regulatory provisions.

12 months 

or less 

Action Initiation List – August 2014 Page 5 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 20 days after the close of the month (e.g., 

the April 2014 AIL will post sometime around May 20th).

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 – August 2014 Page 6 of 6