Action Initiation List – December 2013 Page 1 of 5

December 2013 Action Initiation List (as of 3/07/2014)

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 – December 2013 Page 2 of 5

Action Title Stage Contact Abstract

Projected

Publication 

Date

Sulfur Dioxide National 

Ambient Air Quality Standards 

(NAAQS) Review

NPRM Michael Stewart 

919-541-7524

Stewart.Michael@epa.gov

Under the Clean Air Act Amendments of 1977, EPA is required to 

review and if appropriate revise the air quality criteria for the primary 

(health-based) and secondary (welfare-based) national ambient air 

quality standards (NAAQS) every 5 years. On June 22, 2010, EPA 

published a final rule to revise the primary NAAQS for Sulfur Dioxide

to provide increased protection for public health. EPA has now 

initiated the next review. This new review includes the preparation of 

an Integrated Review Plan, an Integrated Science Assessment, and, 

if warranted, a Risk/Exposure Assessment, and also a Policy 

Assessment Document by EPA, with opportunities for review by 

EPA's Clean Air Scientific Advisory Committee and the public. These 

documents inform the Administrator's proposed decision as to 

whether to retain or revise the standard. This decision will be 

published in the Federal Register with opportunity provided for public 

comment. The Administrator's final decisions will take into 

consideration these documents and public comment on the proposed 

decision.

12 months 

or more 

Protection of Stratospheric 

Ozone: Change of Listing 

Status for Certain 

Substitutes under the 

Significant New Alternatives 

Policy (SNAP) Program

NPRM Rebecca Von Dem Hagen 

202-343-9445

VonDemHagen.Rebecca@epa.gov

This action proposes to change the status of a number of substitutes 

that were previously listed as acceptable under SNAP based on 

information showing that other substitutes are available for the same 

uses and pose lower risk overall to human health and/or the 

environment. The end uses under consideration include end uses in 

the aerosols, refrigeration and air conditioning, and foam blowing 

sectors.

12 months 

or less 

Regulation Changes to Allow 

for Electronic Submittal of 

State Implementation Plans 

(SIPs)

NPRM, 

Direct 

Final 

Mia South 

919-541-5550

South.Mia@epa.gov

This direct final with parallel proposal would amend certain sections 

of the Clean Air Act that pertain to State Implementation Plan 

submissions to allow for electronic reporting. The rule would be in 

keeping with the Agency’s commitment to institute electronic 

submission in place of existing paper based reporting to meet the 

Agency’s regulatory reporting requirements. The rule would also 

enable the Agency to meet the Agency Priority for E-Reporting. 

Furthermore, it supports the Digital Government Strategy issued by 

the White House in 2012 that calls for the EPA to continue to evolve 

its reporting systems to take advantage of new technology and 

improve transparency of our stakeholders. This rule is a step forward 

in the Agency’s larger E-Enterprise for the Environment Initiative. 

12 months 

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

Action Title Stage Contact Abstract

Projected

Publication 

Date

Lead-based Paint Program; 

Amendment to Jurisdictions 

and Renovator Refresher 

Training Requirements

NPRM Marc Edmonds 

202-566-0758

Edmonds.Marc@epa.gov

EPA is considering proposing several minor amendments to the EPA 

lead-based paint program that would improve efficiencies and save 

resources for those involved. For example, EPA is considering 

amending the renovation, repair and painting rule by removing the 

requirement for hands-on refresher training for renovators so that 

they can take the refresher course online and without the need to 

travel to a training facility for the hands-on portion. EPA is also 

considering amending the lead-based paint abatement program by 

removing the requirement for firms, training providers and individuals 

to apply for and be certified or accredited in each jurisdiction where 

they work (i.e., state, tribe or territory where EPA runs the abatement 

program). After years of implementing the abatement program, the 

Agency believes that jurisdictions are no longer needed. Eliminating 

jurisdictions would increase efficiencies for all involved, lower burden 

and costs for applicants and save EPA time processing applications. 

12 months 

or less 

Expanding the Scope Of 40 

Cfr Part 22 to Include 

Proceedings for the 

Adjudication Of Civil 

Penalties Under the Act To 

Prevent Pollution From Ships

NPRM Meetu Kaul 

202-564-5472

Kaul.Meetu@epa.gov

EPA is authorized to institute administrative penalty proceedings 

against alleged violators under a variety of environmental statutes, 

including the Clean Air Act, the Clean Water Act, and the Federal 

Insecticide, Fungicide, and Rodenticide Act, among others. Such 

cases are generally heard by the Administrative Law Judges (ALJs) 

within EPA’s Office of Administrative Law Judges. The federal 

regulations that govern the proceedings before the ALJs are codified 

at 40 C.F.R. Part 22 and are entitled “the Consolidated Rules of 

Practice Governing the Administrative Assessment of Civil Penalties 

and the Revocation/Termination or Suspension of Permits” (Rules of 

Practice). These Rules of Practice were promulgated to establish 

uniform procedural rules for administrative enforcement proceedings 

required to be held on the record after opportunity for a hearing in 

accordance with section 554 of the Administrative Procedure Act, 5 

U.S.C. 551 et seq. The purpose of this action is to expand the scope 

of the Rules of Practice to include adjudicatory proceedings for the 

assessment of civil penalties under the authority of the Act to 

Prevent Pollution from Ships. 

12 months 

or less 
Action Initiation List – December 2013 Page 4 of 5

Action Title Stage Contact Abstract

Projected

Publication 

Date

State of North Dakota 

Section 1422 Underground 

Injection Control (UIC) 

Program Revision; Class VI 

Primacy Approval

Direct Final Lisa McWhirter

202-564-2317

McWhirter.Lisa@epa.gov

The State of North Dakota has applied to the EPA under Sections 

1422 of the Safe Drinking Water Act (SDWA), 42 U.S.C. Sections 

300h-1, for primary enforcement responsibility for Class VI injection 

wells. This direct final rule is based on a legal and technical review 

of North Dakota’s application as directed at 40 CFR Part 145. As a 

result of this review, EPA is issuing this direct final rule stating that 

North Dakota’s application meets all applicable requirements for 

approval under SDWA Section 1422 and the State is capable of 

administering a Class VI UIC program in a manner consistent with 

the terms and purposes of the SDWA and all applicable regulations. 

These regulations are being promulgated under the authority of 

Sections 1422 and 1450 of the SDWA, 42 U.S.C. 300h-1 and 300j-9. 

We are publishing this rule without a prior proposed rule, because 

we view this as a noncontroversial action and anticipate no adverse 

comment. However, we are publishing a separate, parallel proposal 

that will take effect if adverse comments are received on this direct 

final rule.

12 months 

or less 
Action Initiation List – December 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 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.