## Octo ber 201 4 Ac tion Initiation List (as of 1 2 / 11 /201 4 )

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.epa.gov/rulemaking/.

For all rules

– those that are in RegDaRRT and those that are not

– you may obtain updates twice a yea r 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

– Octo ber 201 4 Page 1 of 6Action Title Stage Contact Abstract Projected

Publication

Date

Final 2014 Effluent Guidelines Program Plan (304m Plan) Final William Swietlik

202

- 566

- 1129
Swietlik.William @epa.gov The Clean Water Act (CWA) requires EPA to establish national technology

- based regulations known as “effluent limitations guidelines and standards” to reduce pollutant discharges from categories of industrial facilities. EPA similarly establishes technology

- based regulations, termed “pretreatment standards,” to reduce indirect pollutant discharges

— those that are discharged to publicly

- owned treatment works. The CWA also specifies effluent guideline planning and review requirements. There are different requir ements for direct and indirect dischargers, but both specify annual review of promulgated effluent guidelines and pretreatment standards. One requirement is publication of an Effluent Guidelines Program Plan every two years. CWA section 304(m) specifies th at the Plan must: (1) establish a schedule for the annual review and revision of promulgated effluent guidelines, (2) identify categories of sources discharging toxic or non

- conventional pollutants for which guidelines have not previously been published (“ new categories”); and 3) establish a schedule for the promulgation of effluent guidelines identified under (2).

The CWA requires that the Plan undergo public review and c omment before being finalized. To meet this requirement, EPA typically prepares a

Prel iminary Plan one year, takes public comment and then finalize s the Plan the following year. Thi s Plan is the Final 2014 Plan. The Final 2014 Plan will announce EPA’s final decisions, actions and findings relative to those proposed in the Preliminary 2014 P lan, published for comment on September 17, 2014. The Final 2014 Plan will also announce EPA’s proposed actions and findings based on the results of the 2014 annual reviews upon which the public will be given an opportunity to comment. 12 months

or less



### Action Initiation List

– Octo ber 201 4 Page 2 of 6Action Title Stage Contact Abstract Projected

Publication

Date

Protection of Stratospheric Ozone:

Extension of the Laboratory and Analytical Use Exemption for

Essential Class I Ozone

Depleting Substances NPRM Jeremy Arling

202

- 343

- 9055 Arling.Jeremy @epa.gov The Laboratory and Analytical Use Exemption allows for the limited production and import of small quantities of ozone

- depleting substances for use in laboratories. Laboratory uses include equipment calibration; use as

extraction solv ents, diluents or carriers for chemical analysis; and biochemical research. This exemption is permitted under the Montreal Protocol on Substances that Deplete the Ozone Layer but is currently set to expire on December 31, 2014. The Parties to the Montreal Protocol agreed to renew this exemption in November 2014. The lab use exemption in EPA's regulations is currently in effect only through December 31, 2014,

consistent with the date under the Montreal Protocol. This rule would

extend its effectiveness to m atch the recent Protocol decision. 12 months

or less

Regional Haze Regulations and Guidelines for Setting Reasonable Progress

Goals NPRM Todd Hawes

919

- 541

- 5591 Hawes.Todd@epa.gov This proposal will establish guidelines for the states to follow in setting their reasonable progress goals and developing the long term strategies, both of which are required when they submit their regional haze state implementation plans. The current reg ional haze rule (promulgated in 1999) references four statutory factors from the Clean Air Act that states must consider when setting their reasonable progress goals: 1) the costs of compliance; 2) the time necessary for compliance; 3) the energy and non

a ir quality environmental impacts of compliance; and 4) the remaining useful life of any potentially affected sources. The proposal will outline a process for states to identify and address anthropogenic sources of emissions that contribute to regional haze that are jurisdictionally within their control to regulate. More than

12 months



### Action Initiation List

– Octo ber 201 4 Page 3 of 6Action Title Stage Contact Abstract Projected

Publication

Date

Revision to the Guideline on Air Quality Models:

Enhancements to the AERMOD dispersion modeling system and incorporation of modeling techniques to address fine particulate matter

and ozone NPRM George Bridgers

919

- 541

- 5563 Bridgers.George@epa.gov This action would revise the Guideline on Air Quality Models, published as Appendix W to 40 CFR Part 51. The Guideline provides EPA

recommended models and other techniques for use in predicting ambient concentrations of pollutants for controlling air pollu tion sources in programs ranging from Prevention of Significant Deterioration (PSD) to State Implementation Plans (SIPs). The Guideline fulfills a Clean Air Act mandate for EPA to specify models and techniques for air quality management purposes. This revi sion would incorporate new modeling techniques to more adequately account for the formation of fine particulate matter and ozone associated with precursor emissions from single sources. Additionally, there are important enhancements to the AERMOD near

- fiel d dispersion modeling system that will establish AERSCREEN as the recommended screening level model for simple and complex terrain settings, significantly improve the model performance under stable/light wind conditions, allow for the use of meteorologica l input data derived from prognostic meteorological models, provide additional options for the modeling of nitrogen dioxide, incorporate the treatment of buoyant line sources within AERMOD, and incidental modifications to the modeling system that have rece ived adequate peer and external review. Other general revisions will be made to the Guideline based on experiences gained and issues resolved since the last revision of Appendix W in 2005. 12 months

or less

Completion of the Requirement to Promulgate Emission

Standards NPRM Nathan Topham

919

- 541

- 0483 Topham.Nathan@epa.gov Clean Air Act (CAA) section 112(c)(6) requires the EPA to ensure that 90 percent of emissions of certain hazardous air pollutants from stationary sources are subject to standards under section 112(d)(2) or (d)(4) of the

CAA. This proposal presents an inventory of source categories counted towards meeting the requirements of CAA section 112(c)(6). 12 months

or less



### Action Initiation List

– Octo ber 201 4 Page 4 of 6Action Title Stage Contact Abstract Projected

Publication

Date Stationary Compression Ignition Engine New

Source Performance

Standards Amendments NPRM Melanie King

919 541

- 2469 King.Melanie@epa.gov New stationary and nonroad compression ignition (CI) engines are equipped by the engine manufacturer with emission controls to meet the Tier 4 final emission standards, which generally begin with either the 2014 or 2015 model year. Many Tier 4 final engines are equipped with selective catalytic reduction (SCR) to reduce NOx. To ensure the eng ine does not operate if the SCR is not working, SCR

- equipped engines include design features called “inducements” that limit the engine power and eventually shut down the engine if the SCR is operated without urea, or the electronic

control module cannot c onfirm that the SCR system is operating properly. Engine operators raised concerns regarding engines shutting down during emergencies because the inducement is triggered, for example, if the owner/operator is unable to obtain urea in the immediate aftermat h of a hurricane. To address the issue for nonroad engines, EPA recently finalized amendments to the standards for new nonroad CI engines that allow the operator to temporarily disable the inducements and thus avoid engine shutdown during a qualified emerg ency situation, which is defined as one in which allowing the inducement to shut down the engine “poses a significant direct or indirect risk to human life.” This action proposes similar amendments to the standards for stationary engines. 12 months

or les s

E

- Discovery Privacy Act SORN and Privacy Act Exemptions NPRM, Final Judith Kendall

202

- 566

- 0750 Kendall.Judith@epa.gov EPA is exempting its E

- Discovery system (EPA

- 63) from certain subsections of the affirmative access and amendment provisions of the Privacy Act under 5 U.S.C. 552a. EPA

- 63 is a system of records maintained by the Office of Environmental Information, Office of Information Collection, Records and Content Management Branch on behalf of the Criminal Investigation Division, Office of Cr iminal Enforce ment, Forensics, and Training. This EPA component performs activities pertaining to the

enforcement of criminal laws. Because the E

- Discovery system is used for civil and criminal cases and investigations, this rulemaking seeks to exempt

the system from certain affirmative access and amendment provisions under U.S.C. 552a(k)(2) for non

- law enforcement agencies who bring civil and criminal enforcement actions, and U.S.C. 552a (j)(2) which is primarily for law enforcement agencies. 12 months

or less



### Action Initiation List

– Octo ber 201 4 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 Apr il 201 4 AIL will post sometime around May 20 th).



# 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 act ion) 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 mod ification 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 q uickly we expect to complete an

action.



### Action Initiation List

– Octo ber 201 4 Page 6 of 6