February 2015 Action Initiation List (as of 3/25/2015)

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/. 

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 – February 2015 Page 1 of 6
Action Title Stage Contact Abstract

Projected

Publication 

Date

Cellulosic Waiver Credit 

Price Calculations and 

Minor Technical 

Amendments

Action Document Link

NPRM/ 

Direct Final

Tia Sutton 

202-564-8929

Sutton.Tia@epa.gov

EPA is taking action to clarify the data sources and methods used to 

calculate the price of cellulosic waiver credits (CWC). We are also making 

minor modifications to our regulations to allow the cellulosic waiver credit 

prices to be announced as quickly as practical after the information on 

which the CWC price is based is available. Finally, we are announcing the 

CWC price for the 2014 and 2015 compliance years.

In this action we are also making minor amendments to the regulations to 

correct references and reinsert language regarding fuel produced from 

Arundo donax or Pennisetum purpureum, which was inadvertently 

overwritten by the Quality Assurance Program (QAP) final rule (79 FR 

42078, July 18, 2014). 

12 months 

or less

Permit Rescissions 

Rulemaking

Action Document Link

NPRM Dave Svendsgaard 

919-541-2380

Svendsgaard.Dave@epa.gov

This rule will amend the Prevention of Significant Deterioration (PSD) 

permitting provisions at 40 CFR 52.21(w) to remove the “July 30, 1987” 

date restriction and authorize rescission of permits issued under post-1987 

PSD rules that meet the criteria for rescission.

12 months 

or less

Federal Plan for 

Regulating Greenhouse 

Gas Emissions from 

Electric Generating Units

NPRM Toni Jones 

919-541-0316

Jones.Toni@epa.gov

EPA is planning a notice of proposed rulemaking for a federal plan to 

implement greenhouse gas emission guidelines for existing fossil fuel-fired 

electric generating units (EGUs). The emission guidelines were proposed 

in June 2014 as the Carbon Pollution Emission Guidelines for Existing 

Stationary Sources: Electric Utility Generating Units (79 FR 34830; the 

Clean Power Plan). This plan is part of the President’s Climate Action Plan 

announced in June of 2013 to reduce carbon emissions from the power 

sector by 30 percent below 2005 levels. This federal plan serves to: 1) 

provide a model rule that states can tailor for implementation, and 2) set in 

place a plan that EPA can implement for states that do not develop a state 

plan. The EPA sees this federal plan as an interim measure to ensure that 

congressionally mandated emission standards under authority of section 

111 of the CAA are implemented until states assume their role as the 

preferred implementers of the emissions guidelines.

12 months 

or less

Action Initiation List – February 2015 Page 2 of 6
Action Title Stage Contact Abstract

Projected

Publication 

Date

Relaxation of the Reid 

Vapor Pressure (RVP) 

Gasoline Standard for 

Birmingham, Alabama

NPRM/ 

Direct Final

Patty Klavon 

734-214-4476

Klavon.Patty@epa.gov

To reduce gasoline emissions of volatile organic compounds (VOC) that 

are a major contributor to ground-level ozone (smog), the EPA's 

regulations establish maximum Reid Vapor Pressure (RVP) gasoline 

standards of 9.0 psi or 7.8 psi sold during the summer ozone season 

based on the state, the month, and the area's ozone designation. The 

EPA is proposing to approve Alabama's request to relax the RVP standard 

for gasoline sold in Jefferson and Shelby counties, Alabama ("the 

Birmingham area") from 7.8 psi to 9.0 psi by revising 40 CFR 80.27. This 

rulemaking is not expected to have an adverse impact on air quality in the 

Birmingham area.

12 months 

or less

Procedural Rule 

Amendment; 

Requirement for Certain 

Pesticide Actions to 

Publish Notices in the 

Federal Register

NPRM Cameo Smoot 

703-305-5454

Smoot.Cameo@epa.gov

Currently, EPA’s regulations require the publication of Notices in the 

Federal Register to provide information concerning registration of a 

pesticide product with a new active ingredient or new use, announce 

approvals of specific, quarantine and public health exemptions, and 

summaries of certain State registrations. When these regulations were 

promulgated informing the public and other interested parties via 

publication in the Federal Register was common practice. EPA is 

considering removing the requirement to publish these Notices in the 

Federal Register and instead would provide the information on the 

Agency’s website. EPA intends to develop a consolidated website to post 

this type of information, which will be more accessible to the public and 

other interested parties, as well as a more cost effective and efficient 

mechanism for providing timely updates.

12 months 

or less

Action Initiation List – February 2015 Page 3 of 6
Action Title Stage Contact Abstract

Projected

Publication 

Date

N-Methylpyrrolidone

(NMP) and Methylene 

Chloride; Rulemaking 

Under TSCA §6(a)

NPRM Niva Kramek 

202-564-2897

Kramek.Niva@epa.gov

Section 6 of the Toxic Substances Control Act provides authority for EPA 

to ban or restrict the manufacture (including import), processing, 

distribution in commerce, and use of chemicals, as well as any manner or 

method of disposal of chemicals. EPA identified and chose nmethylpyrrolidone (NMP) and methylene chloride and for risk evaluation 

as part of its Work Plan for Chemical Assessment under TSCA. 

Developmental toxicity effects are associated with certain uses of NMP. 

Methylene chloride is a volatile organic compound that is classified as a 

human carcinogen. NMP and methylene chloride are used in commercial 

processes and in consumer products in residential settings. In the August 

2014 TSCA Work Plan Chemical Risk Assessment for methylene chloride 

and draft January 2013 TSCA Risk Assessment for NMP, EPA identified 

risks associated with commercial and consumer paint and varnish 

stripping uses. EPA is initiating rulemaking under TSCA section 6 to 

address these risks. Specifically, EPA will determine whether the use of 

NMP and methylene chloride in commercial and consumer paint and 

varnish strippers pose an unreasonable risk to human health and the 

environment.

12 months 

or less

Revisions to the Public 

Notice Provisions in 

Clean Air Act Permitting 

Programs

NPRM Ben Garwood

919-541-1358

Garwood.Ben@epa.gov

This proposed rule will amend the public notice provisions of the PSD, 

nonattainment new source review (NNSR), Title V Operating Permit and 

Outer Continental Shelf (OCS) regulations to remove the current 

mandatory requirement in these regulations that a public notice be 

provided in a newspaper of general circulation in the area where the 

source seeking a PSD, NNSR, Title V or OCS permit plans to locate. The 

proposed rule will include a public notice requirement that is media-neutral 

and allows among other mechanisms electronic noticing on permitting 

authority websites. The option of providing public notice via a traditional 

newspaper advertisement will still be available to air agencies. This rule 

revision is anticipated to result in significant annual savings in newspaper 

publication costs for EPA Regions and Delegated States.

12 months 

or less

Action Initiation List – February 2015 Page 4 of 6
Action Title Stage Contact Abstract

Projected

Publication 

Date

Oil and Natural Gas 

Sector: Definitions of 

Low Pressure Well and 

Storage Vessel

NPRM Bruce Moore 

919-541-5460

Moore.Bruce@epa.gov

This action will address a previously submitted public comment on “low 

pressure gas well” in 40 CFR part 60, subpart OOOO. The public 

comment at issue was received following the July 17, 2014, action titled 

“Oil and Natural Gas Sector: Reconsideration of Additional Provisions of 

New Source Performance Standards; Proposed Rule.” EPA inadvertently 

missed this comment when it took final action on the “low pressure gas 

well” issue in the December 31, 2014, amendments. 

The December 31, 2014, amendments to the 2012 New Source 

Performance Standards added language as part of provisions for tanks 

removed from service and returned to service. This language defined 

storage tanks “connected in parallel” or “installed in parallel” to a primary 

tank. The language grouped all such tanks as a single vessel with liquid 

throughput (and emissions) equal to the sum of the parallel tanks. EPA 

received administrative reconsideration petitions on this new language. 

This proposal will address this issue.

12 months 

or less

Lead-based Paint 

Program; Extension of 

Renovator Certifications

Final Marc Edmonds 

202-566-0758

Edmonds.Marc@epa.gov

On January 14, 2015, EPA published a proposed rule that would, among 

other things, change the requirements for the refresher training course that 

renovators under its Renovation, Repair and Painting Program must take 

to become recertified so renovators can take the course online without 

having to travel to a training facility. In the proposed rule, EPA expressed 

concern that, by the time a final rule is published, many renovators would 

have already taken the refresher training that includes the hands-on 

learning and missed out on the expected burden savings that would result 

from the rulemaking, and sought public comment on whether the 

certifications of those renovators should therefore be extended. EPA is 

developing a final rule that would extend the certifications for this subset of 

renovators. A separate Regulatory Agenda entry (RIN 2070-AK02) 

addresses the remaining elements of the proposed rule that EPA intends 

to finalize later in 2015.

12 months 

or less

Action Initiation List – February 2015 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 – February 2015 Page 6 of 6