### Action Initiation List

– November 2011 Page 1 of 7 

## November 2011 Ac tion 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 ea ch 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.e pa.gov/rulemaking/.

If one of the rules on this AIL is in RegDaRRT, a link to the rule's profile i s 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 R egulatory 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.reg ulations.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 th e 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 re leases of nonylphenol to the

environment (http://www.epa.gov/oppt/existingchemicals/pubs/actionplans/np

npe.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 s cientific 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 insti tutions. 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 N orth 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 water s 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 site

specific alternative criteri a 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 t ime 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 chang es 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 quantit y 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 label ing of conditionally exempt small quantity generator containers while

hazardo us 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 sour ce 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 t he 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, medium

density fiberboard, and particleboard sold, supplied, offered for sa le, 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 f or 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

• Inte rim 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 Pu blication 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" c olumn: 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.