Action Initiation List – November 2011 Page 1 of 7

November 2011 Action Initiation List (as of 12/15/2011)

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 – November 2011 Page 2 of 7

Action Title Stage Contact Abstract

Projected

Publication 

Date

Toxics Release 

Inventory; Addition of 

Nonylphenol

NPRM Daniel Bushman

202-566-0743

Bushman.Daniel@epa.gov

EPA is evaluating whether to add nonylphenol 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)). Nonylphenol is persistent in the aquatic environment and 

extremely toxic to aquatic organisms. Nonylphenol has been found in 

environmental samples taken from freshwater, saltwater, 

groundwater, sediment, soil and aquatic biota. EPA has developed an 

Action Plan to address concerns for releases of nonylphenol to the 

environment 

(http://www.epa.gov/oppt/existingchemicals/pubs/actionplans/npnpe.html). The Action Plan includes the initiation of rulemaking to add 

nonylphenol to the TRI.

12 months 

or less

Toxics Release 

Inventory; Addition of 

ortho-Nitrotoluene

NPRM Daniel Bushman

202-566-0743

Bushman.Daniel@epa.gov

The National Toxicology Program (NTP) periodically published its 

Report on Carcinogens (RoC) which classifies chemicals as either 

“known to be a human carcinogen” or “reasonably anticipated to be a 

human carcinogen.” The RoC is a congressionally mandated scientific 

and public health document that provides data on carcinogenicity, 

genotoxicity, and biologic mechanisms. The RoC evaluations are 

performed by scientists from the NTP, other Federal health research 

and regulatory agencies, and non-government institutions. The RoC 

review process includes external peer review and public comment.

EPA reviewed the 12th edition of the NTP RoC to identify those 

chemicals that are not currently on the Toxics Release Inventory (TRI) 

list and that have not previously been reviewed for listing. One 

chemical, ortho-nitrotoluene, was identified as a candidate for addition 

to the TRI list.

12 months 

or less

Updating TRI Reporting 

NAICS codes to 2012 

NAICS

Direct 

Final

Judith Kendall

202-566-0750

Kendall.Judith@epa.gov

The Toxic Release Inventory (TRI) Program plans to issue a direct 

final rule to incorporate 2012 North American Classification System 

(NAICS) codes for TRI reporting purposes. OMB updates the NAICS 

codes every 5 years. The TRI Program currently uses 2007 codes

and will adopt the 2012 NAICS codes that have been approved by 

OMB.

12 months 

or less
Action Initiation List – November 2011 Page 3 of 7

Action Title Stage Contact Abstract

Projected

Publication 

Date

Water Quality 

Standards (Numeric 

Nutrient Criteria) for 

Florida's Lakes and 

Flowing Waters Delay 

of Effective Date

NPRM Sara Hilbritch

202-564-0441

Hilbritch.Sara@epa.gov

EPA is proposing to extend the March 6, 2012 effective date of 40 

CFR Part 131.43, “Water Quality Standards for the State of Florida’s 

Lakes and Flowing Waters” [inland waters rule] to March 6, 2013. 

The EPA’s final regulation for 40 CFR Part 131.43(f) set an effective 

date of March 6, 2012 for the entire regulation, except for the sitespecific alternative criteria provision (40 CFR 131.43(e)),which had an 

effective date of February 4, 2011. EPA is proposing to extend the 

effective date of this rule for either three months, to June 6, 2012, or, 

alternatively, for one year, to March 6, 2013, (with the exception of the 

site-specific alternative criteria provision).

12 months 

or less

Great Lakes Steamship 

Repower Incentive 

Program

Direct 

Final

Jean-Marie Revelt

734-214-4822

Revelt.Jean-Marie@epa.gov

This rule would simplify an existing incentive program that 

encourages owners of Great Lakes steamships to repower those 

steamships with cleaner Tier 2 or later diesel engines (40 CFR 

1043.95(b)4)(iv). This simplification will automatically permit a 

steamship operated exclusively on the Great Lakes as of December 

31, 2011, to continue to use residual fuel oil for a limited time after it 

has been repowered with cleaner diesel engines. Because the diesel 

engines are so much cleaner than the steam engines they would 

replace, this program will result in reductions of particulate matter and 

sulfur oxides emissions from the time of replacement, even while they 

are operated on the higher sulfur residual fuel, and provide human 

health and welfare benefits for the people who live in the Great Lakes 

region.

12 months 

or less
Action Initiation List – November 2011 Page 4 of 7

Action Title Stage Contact Abstract

Projected

Publication 

Date

Improvements to 

the Hazardous 

Waste Generator 

Regulatory 

Program (Parts 

261 -265)

NPRM Jim Oleary

703-308-8827

Oleary.Jim@epa.gov

This rule would make several changes to the hazardous waste 

generator regulatory program to improve its clarity and effectiveness. 

The rule would strive to consolidate all hazardous waste generator 

regulations in Part 262 of the Code of Federal Regulations (CFR). 

The generator regulations are currently located in both Parts 261 -

265. Other changes we are considering would include clarifying: the 

marking of tanks; closure requirements for large quantity generators; 

the hazardous waste determination regulation found at 40 CFR 

262.11; when a generator is subject to full regulation as a large 

quantity generator; the regulatory status of facilities that generate both 

acute and non-acute hazardous waste in the same month; emergency 

response points of contact; and the Biennial Report regulations. Other 

changes being considered include requiring the labeling of 

conditionally exempt small quantity generator containers while 

hazardous wastes are being accumulated and periodic notification for 

small quantity generators.

More than 

12 months

Proposed 

Confidentiality 

Determinations for 

Subpart W and 

Proposed 

Amendments to 

Table A-6 in 

Subpart A under 

the Mandatory 

Reporting of 

Greenhouse 

Gases Rule

Direct Final Margo Eaddy

202-343-9342

Eaddy.Margo@epa.gov

This action re-proposes the Confidential Business Information (CBI) 

determinations for Subpart W, Petroleum and Natural Gas Systems 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 W rule 

that had not yet been finalized. Because Subpart W has now been 

finalized 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.

12 months 

or less
Action Initiation List – November 2011 Page 5 of 7

Action Title Stage Contact Abstract

Projected

Publication 

Date

Implementation of 

the 2008 National 

Ambient Air Quality 

Standards for 

Ozone: State 

Implementation 

Plan Requirements

NPRM Karl Pepple

919-564-2683

Pepple.Karl@epa.gov

This rule will propose rules for implementing the 2008 8-hour Ozone 

National Ambient Air Quality Standards (NAAQS). This proposal will 

address requirements for State Implementation Plan (SIP) elements, 

including attainment demonstration, reasonable further progress, 

reasonably available control technology, reasonably available control 

measures, nonattainment new source review, emission inventory, and 

others, and timing for SIP submissions, compliance periods and other 

topics.

12 months 

or less

Significant New Use 

Rules; Amendment 

of Hazard 

Communication 

Program and 

Worker Protection 

Requirements.

NPRM Mark Seltzer

202-564-2901

Seltzer.Mark@epa.gov

In 1990, EPA issued regulations for the "Protection in the Workplace" 

(40 CFR 721.63) and "Hazard Communication Program" (40 CFR 

721.72) components of the Significant New Uses of Chemical 

Substances regulations at 40 CFR 721. Where possible, these 

regulations are closely aligned with Occupational Safety and Health 

Administration (OSHA) regulations at 29 CFR 1910.1200 to enable 

easier and more effective implementation. OSHA issued a proposed 

rule in September 2009 aligning OSHA's Hazard Communication 

Standards with the Globally Harmonized System of Classification and 

Labeling of Chemicals (GHS). This proposed EPA rulemaking proposes 

changes in applicable Significant New Uses of Chemical Substances 

regulations at 40 CFR 721 to align these regulations, where possible, 

with the final revisions to the OSHA Hazard Communications 

Standards.

More than 

12 months
Action Initiation List – November 2011 Page 6 of 7

Action Title Stage Contact Abstract

Projected

Publication 

Date

Formaldehyde 

Emissions 

Standards for 

Composite Wood 

Products

NPRM Tsca-hotline

202 554-1404

TSCA-Hotline@epa.gov

On July 7, 2010, the Formaldehyde Standards for Composite Wood 

Products Act was enacted. This law amends the Toxic Substances 

Control Act (TSCA) to establish specific formaldehyde emission limits 

for hardwood plywood, particleboard, and medium-density fiberboard, 

which limits are identical to the California emission limits for these 

products. The law further requires EPA to promulgate implementing

regulations by January 1, 2013. This rulemaking will address the 

mandate to promulgate regulations to implement the statutory 

formaldehyde emission standards for hardwood plywood, mediumdensity fiberboard, and particleboard sold, supplied, offered for sale, or 

manufactured (including imported) in the United States. As directed by 

the statute, EPA will also consider provisions relating to, among other 

things, laminated products, products made with no-added formaldehyde 

resins, testing requirements, product labeling, chain of custody 

documentation and other recordkeeping requirements, and product 

inventory sell-through provisions. A separate Regulatory Agenda entry 

(RIN 2070-AJ44) covers the mandate for EPA to promulgate regulations 

to address requirements for accrediting bodies and third-party certifiers.

12 months 

or less
Action Initiation List – November 2011 Page 7 of 7

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.