Action Initiation List – May 2015 Page 1 of 5May 2015 Action Initiation List (as of 6/15/2015)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 eachelement 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, theywill not provide updates on the actions listed herein. Updates on priority rulemakings are available from EPA's RegulatoryDevelopment and Retrospective Review Tracker (RegDaRRT) on www.epa.gov/rulemaking/.For all rules – those that arein RegDaRRT and those that arenot – you may obtain updates twice a year in EPA’s SemiannualRegulatory 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 – May 2015 Page 2 of 5Action TitleStageContactAbstractProjectedPublicationDateElectronic Reportingand RecordkeepingRequirements forNational EmissionStandards forHazardous AirPollutants, Phase INPRM Gerri Garwood919-541-2406Garwood.Gerri@epa.govEPA published an advancenotice of proposed rulemaking (ANPRM) inOctober 2009 seeking comment on proposed approaches to improvingthe emissions factors program, including proposing to require thesubmission (via electronic reporting)of performance testing informationalready collected by industry by revising the reporting requirements in 40CFR part 63 for national emission standards for hazardous air pollutants(NESHAP). In addition to performance test data, this rulemakingproposes to require the electronic submission of other selectedcompliance data, such as excess emissions reports, that are alreadybeing compiled and submitted by industry to regulatory authorities. Thesedata can be used for regulation development, control strategydevelopment, rule effectiveness studies, risk analyses and other airpollution control activities. Revision ofthe subparts in 40 CFR part 63 willbe handled by a phased approach. This rulemaking is the first phase inthe revision process and will address select subparts in 40 CFR part63. A similar rulemaking for the subparts in 40 CFR part 60 was proposedon March 20, 2015.12 monthsor lessProtection ofStratospheric Ozone:Revisions to Reportingand Recordkeeping forImports and ExportsNPRM/DirectFinalJeremy Arling202-343-9055Arling.Jeremy@epa.govThe Federal government is implementing the International Trade DataSystem to allow businesses to transmit, through an “electronic singlewindow,” the transactional data required by multiple Federal agencies forthe import and export of cargo. As businesses currently must submit tradedata to multiple agencies, in multiple ways, and often on paper, thetransition to the automated electronic environment enabled by ITDS isexpected to save businesses time and money. This rulemaking will maketechnical changes to the recordkeeping requirements for ozone depletingsubstances, such as removing references to specific Customs forms thatwill become obsolete under the new system.12 monthsor lessDevelopment ofSignificant Impact Level(SIL) for Ozone inPrevention ofSignificant Deterioration(PSD) RegulationsNPRM Charles Buckler919-541-0873Buckler.Charles@epa.govThe EPA proposes to establish OzoneSignificant Impact Level (SILs) tofacilitate implementation of the Prevention of Significant Deterioration(PSD) program in areas attaining the national ambient air quality standard(NAAQS) for Ozone. The SIL for Ozone would be used as a screeningtool by reviewing authorities tohelp determine whether the projectedemissions from a proposednew major source or major modification willcause or contribute to a violation of the NAAQS.More than12 monthsAction Initiation List – May 2015 Page 3 of 5Action TitleStageContactAbstractProjectedPublicationDateWater QualityStandards for Seleniumin the San FranciscoBay and DeltaNPRM Erica Fleisig202 566-1057Fleisig.Erica@epa.govEPA is proposing water quality criteriain the San Francisco Bay andDelta of California (“Bay-Delta”)to protect aquatic life and aquaticdependent wildlife, including species listed as threatened andendangered under the federal Endangered Species Act, from the harmfuleffects of exposure to toxic levels ofselenium. Selenium occurs naturallyin California sediments, but can beconcentrated and released into theenvironment through industrial and agricultural processes, and cannegatively affect reproduction in fish and waterfowl. Selenium is alsoknown to bioaccumulate, such that a species’ exposure to selenium ishighly influenced by its feeding habits. In the Bay-Delta, selenium israpidly bioaccumulated by the invasive filter-feeding clam Corbulaamurensis, causing particular risk toclam-eating fish and birds. This rulewill improve water quality, protect aquatic life and wildlife, strengthen thenatural ecosystem, and support outdoor recreation in the Bay-Deltaregion.More than12 monthsPrevention ofSignificant Deteriorationand Title V Permittingfor Greenhouse Gases:Removal of VacatedElementsFinal Jessica Montanez919-541-3407Montanez.Jessica@gmail.comThis final action removes sections and paragraphs of the Prevention ofSignificant Deterioration (PSD) and Title V regulations that the Court ofAppeals for the District of Columbia specifically identified as vacated inthe Amended Judgment in Coalition for Responsible Regulation v EPA(No. 09-1322. April 10, 2015).12 monthsor lessHazardous and SolidWaste ManagementSystem; Disposal ofCoal CombustionResiduals from ElectricUtilities – Effective DateCorrection; Final RuleNPRM Alexander Livnat703-308-7251Livnat.Alexander@epa.govEPA expects to issue a final rule toamend the final rule regulating thedisposal of coal combustion residuals (CCR) as solid waste under subtitleD of the Resource Conservationand Recovery Act (RCRA). Afterpublication in the Federal Register, inconsistencies resulting fromtypographical errors established two different effective dates for the finalrule. This action corrects these inconsistencies and establishes a singleeffective date of October 19, 2015 for the final rule, coinciding with a timeperiod of six months from the publication date of the rule, consistent withRCRA 4004(c). EPA is also correcting dates for certain provisions that fallon January 18, 2016, which is a Federal holiday. To be consistent with 1C.F.R. 18.07(b), that date needs tobe revised to the next Federalbusiness day, of January 19, 2016.More than12 monthsAction Initiation List – May 2015 Page 4 of 5Action TitleStageContactAbstractProjectedPublicationDateNational EmissionStandards forHazardous Air PollutantEmissions: Manufactureof Amino/PhenolicResinsNPRM Art Diem919-541-1185Diem.Art@epa.govIn this action EPA is addressing issuesconcerning the final rule (See: 79FR 60898, October 8, 2014) raised by petitions for administrativereconsideration requested by Georgia-Pacific, Sierra Club (representedby Earth Justice) and Tembec BTLSR. Acting Assistant AdministratorJanet McCabe granted the petitions for reconsideration on March 27,2015. This federal register notice will address at least the followingpetitioners' claims: that the public was not afforded a reasonableopportunity to comment on the MACT floor analysis, supporting data andresulting emission standards forcontinuous process vents.12 monthsor lessDeterminations,Extensions andReclassification ofAreas for the 2008Ozone NationalAmbient Air QualityStandards (NAAQS)NPRM Kristin Riha919 541-2031Riha.Kristin@epa.govThis action relates to the July 20, 2015, attainment date fornonattainment areas classified as Marginal for the 2008 ozone NAAQS.This proposal will: 1) find that some areas attained the NAAQS by theirattainment date; 2) extend the attainment date by 1 year for areas thatqualify; and, 3) reclassify as Moderate those areas that did not attain the2008 ozone NAAQS by the applicable attainment date.12 monthsor lessAction Initiation List – May 2015 Page 5 of 5What EPA Actions Appear on the AILs?Generally, AILs include those actions that 1) will appear in upcomingSemiannual Regulatory Agendaand 2) have been approved forcommencement by EPA’s Regulatory Policy Officer. In rare instances, an action will not appear on an AIL before it appears in theAgenda.Also, keep in mind that AILs will not post immediately. Youcan access a given month's list roughly 20 days after the close ofthe 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) isjust an idea to the end when it is published as a final rule (orother action) in the Federal Register. For example, the Noticeof ProposedRulemaking (NPRM) stage announces a proposed rule or proposed modification to an existing rule. In the AILs, the following acronyms areused:• 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 underSection 610 of the Regulatory Flexibility ActContact:Provides the name, phone, and email address for the EPA staff personassigned to this rule. Additionally, if a rule is in EPA'sRegDaRRT (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 firmpublication date when we have just started working on an action.Therefore, we insert one of twooptions 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 anaction.