Action Initiation List – August 2013 Page 1 of 5

August 2013 Action Initiation List (as of 11/06/2013)

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 2013 Page 2 of 5

Action Title Stage Contact Abstract

Projected

Publication 

Date

Response to Request for 

Exemption of Certain 

Food-Related Chemical 

Substances From TSCA 

Chemical Data Reporting 

(CDR) Processing and Use 

Information Reporting 

Requirements in 2016

NPRM, 

Direct Final

Karen Hoffman 

202-564-8158

Hoffman.Karen@epa.gov

EPA received a petition from the Corn Refiners Association Coalition 

requesting that three food-related chemicals be exempted from the 

Chemical Data Reporting (CDR) processing and use reporting 

requirements in 2016. The chemicals include the following: 1,3-

Propanediol (CASRN 504-63-2); Bentonite (Acid Leached) (CASRN 

70131-50-9), and Palm Kernel Oils (CASRN 8023-79-8). The 

petitioners asked that these three chemical substances be added to the 

40 CFR 711.6(b)(2)(iv) list of specific chemical substances that are 

exempt from the reporting requirements of 40 CFR 711.15(b)(4) (i.e., 

exempt from the requirement to report industrial processing and use 

and commercial/consumer use information). The chemical substances 

already included on this “partial exemption” list are substances for 

which EPA has previously determined that there is a low current 

interest in the CDR processing and use information. The inclusion of a 

chemical substance under this partial exemption is not based on the 

potential risks of a chemical. This partial exemption is based on the 

Agency’s current assessment of the need for collecting CDR 

processing and use information for the specific chemical. In 

determining whether there is low current interest in CDR processing 

and use information related to a specific chemical substance, EPA will 

look to the specific circumstances surrounding the chemical in question 

and may use one or more considerations. EPA is developing its 

response to this petition, which may include rulemaking if EPA decides 

to grant the petition. The considerations used by EPA in reviewing this 

petition and an analysis of how those considerations relate to these 

chemicals will be addressed in EPA's response.

12 months 

or less 

Oil and Natural Gas 

Sector: Reconsideration of 

Additional Provisions of 

New Source Performance 

Standards

NPRM Chris Frantz

919-541-4312

Frantz.Chris@epa.gov

This action will address issues raised by petitioners following the 

final rule published on August 16, 2012 that were not addressed in 

the action “Oil and Natural Gas Sector: Reconsideration of Certain 

Provisions of New Source Performance Standards.” This action will 

also finalize provisions for compliance monitoring of storage vessels 

and associated closed vent systems. Equipment and operations 

affected by these actions are located at oil and natural gas 

upstream and midstream operations.

12 months 

or less 
Action Initiation List – August 2013 Page 3 of 5

Action Title Stage Contact Abstract

Projected

Publication 

Date

General Permits and Permits 

by Rule for the Tribal Minor 

New Source Review Program

NPRM Chris Stoneman 

919-541-0823

Stoneman.Chris@epa.gov

The Tribal Minor New Source Review (NSR) program applies to 

new and modified minor sources and minor modifications at 

major sources of air pollution in Indian country. The program, 

established in 2011, is implemented through issuance of 

preconstruction permits that can include, among other 

requirements, pollutant emission limits for minor sources and 

emission limitations on the potential of sources to emit pollution 

that would otherwise be considered major sources. This minor 

source program for Indian country is similar to state minor NSR 

programs. State minor NSR programs often use general permits 

and permits by rule as streamlined permitting approaches for 

similar emission units or stationary sources. This action provides 

general permits and permits by rule for certain source categories 

of minor sources wishing to locate in Indian country. This action 

proposes general permits for boilers and engines; and permits by 

rule (and general permits in the alternative) for printing operations 

(including degreasing and solvent cleaning); stone quarrying and 

processing; concrete batch plants and saw mills.

12 months or 

less 

Revisions to Ambient 

Monitoring Quality Assurance 

and Other Requirements

NPRM Lewis Weinstock 

919-541-3661

Weinstock.Lewis@epa.gov

Quality assurance (QA) and other ambient monitoring 

requirements have become increasingly complex due to the 

many revisions to the national ambient air quality standards since 

2008. This complexity has increased the burden on state and 

local agencies who must comply with the requirements as well as 

the EPA Regions and Headquarters staff that must interpret the 

regulations and provide supplemental explanatory guidance. This 

action will reduce the compliance burden on states by identifying 

opportunities for efficiency in the implementation of QA 

regulations and also by clarifying rule language to more clearly 

articulate minimum technical requirements. In addition to 

proposing a simplified structure for QA requirements described in 

the CFR, this action will address other common-sense revisions 

that have been suggested by states or EPA staff in the areas of 

data reporting and certification, annual monitoring network plans, 

network design, and the review and approval of new or revised 

ambient methods. The overall goal of this rule is the identification 

of opportunities for monitoring agency burden reduction while 

maintaining the current high quality of the resulting ambient data.

12 months or 

less 
Action Initiation List – August 2013 Page 4 of 5

Action Title Stage Contact Abstract

Projected

Publication 

Date

Unregulated Contaminant 

Monitoring Rule (UCMR 4) 

for Public Water Systems

NPRM Brenda Parris 

513-569-7961

Parris.Brenda@epa.gov

The Safe Drinking Water Act (SDWA), as amended in 1996, requires 

that the EPA establish criteria for a program to monitor not more than 

30 unregulated contaminants every five years. EPA published the first 

Unregulated Contaminant Monitoring Rule (UCMR 1) in the Federal 

Register on September 17, 1999 (64 FR 50556), the second (UCMR 2) 

on January 7, 2007 (72 FR 367), and the third (UCMR 3) on May 2, 

2012 (77 FR 26072). This action meets the SDWA requirement by 

establishing the terms for the next cycle of monitoring, and identifying 

the new unregulated contaminants to be monitored during the UCMR 4 

period of 2017-2021.

 More than 

12 months 

National Contingency Plan 

Revisions to Align with the 

National Response 

Framework

NPRM Lynn Beasley 

202-564-1965

Beasley.Lynn@epa.gov

The purpose of this regulation is to revise the National Contingency 

Plan (NCP) to align it with the National Response Framework (NRF) 

and the National Incident Management System (NIMS). The purpose 

of the NCP is to provide the organizational structure and procedures 

for preparing for and responding to discharges of oil and releases of 

hazardous substance, pollutants, and contaminants. The purpose of 

the NRF is to provide a guide that describes how the nation conducts 

all-hazard response to domestic incidents. The NRF does not alter 

the existing authorities of federal departments and agencies, but 

rather, establishes the coordinating framework to integrate the 

authorities of various agencies into an all-hazard approach to incident 

management. The NRF is based on NIMS, which provides a 

consistent nationwide template for the management of domestic 

incidents. The NRF and NIMS were developed by the Department of 

Homeland Security, in consultation with other federal agencies 

(including EPA) and incident response organizations. Alignment of 

the NCP with the NRF and NIMS will facilitate smooth integration of 

emergency response activities under the NCP with the NRF and 

NIMS. EPA is making other minor revisions to the NCP. The revisions 

will update the description of federal agency organizational structures 

and capabilities and how they operate, as well as, recognize the 

establishment of the Department of Homeland Security.

12 months or 

less 
Action Initiation List – August 2013 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.