### Action Initiation List

– Febr uary 201 4 Page 1 of 6 

## February 201 4 Ac tion Initiation List (as of 4 / 17 /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.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

– Febr uary 201 4 Page 2 of 6

Action Title Stage Contact Abstract Projected

Publication

Date Air Quality: Revision to

Definition of Volatile Organic Compounds

- Exclusion of Dimethyl Succinate (DMS) NPRM

, Direct Final Souad Benromdhane

919

- 541

- 4359 Benromdhane.Souad@epa.gov This direct final with parallel proposal would revise EPA's definition of VOC for purposes of preparing SIPs to attain the National Ambient Air Quality Standards for ozone. The action would add dimethyl succinate (DMS) to the list of compounds excluded from the regulatory definition of Volatile Organic Compounds (VOC) on the basis that this compound makes a negli gible contribution t o tropospheric ozone formation. VOC exemption petition submitted by Invista on December 14, 2011. 12 months

or less

Renewable Fuel

Standards: 2013 Cellulosic

Standard

- Reconsideration NPRM,

Direct Final Lucie Audette

734

- 214

- 4850 Audette.Lucie@epa.gov This action is to reconsider the 2013 cellulosic biofuel standard which was finalized on August 6, 2013 unde r the Renewable Fuel Standard ( RFS) program's 2013 Annual Rule (78 Fed Reg. 49794; August 15, 20 13). The American Petroleum Institute (API) and the American Fuel & Petrochemical Manufacturers (AFPM) each submitted a petition for

reconsideration of the 2013 cellulosic biofuel standard (and other parts of the 2013 rule) on October 11, 2013. EPA subseq uently determined that the petitions had demonstrated the statutory criteria for granting a reconsideration of the cellulosic standard and we agreed on January 23, 2014 to initiate a notice and comment rulemaking to reconsider this aspect of the 2013 annua l RFS rule.

Under the existing rule, the deadline for obligated parties to comply with

the 2013 cellulos ic standard is June 30, 2014. EPA is committed to publishing a proposal and direct final rule as quickly as is practicable after reviewing a ll availab le and relevant data. Timely finalization of a new

2013 cellulosic biofuel standard will reduce regulatory uncertainty as well as administrative burden for both obligat ed parties and the Government. 12 months

or less

### Action Initiation List

– Febr uary 201 4 Page 3 of 6

Action Title Stage Contact Abstract Projected

Publication

Date
Revisions to 40 CFR Part 2, Subpart b (Confidentiality of Business Information) ANPRM Larry Gottesman

202

- 566

- 2162 Gottesman.Larry@ep.gov The EPA is proposing to amend its confidential business information (CBI) regulations under 40 C.F.R. Part 2, Subpart B, Confidentiality of Business Information (CBI) . Specifically, the EPA

intends to amend the existin g CBI regulations to update the regulations to comply with case law requ irements; consolidate procedures for identifying, handling, and processing CBI; and correspond with other federal agencies’ CBI regulations. In amending the CBI regulations, the EPA expects the amendments will improve the processing of information
requests for CBI, while ensuring the appropr iate protection of CBI and reducing the burden on both the EPA and the regulated community. More than

12 months

Amend the Standards and

Practices for All Appropriate Inquiries under CERCLA NPRM Patricia Overmeyer

202

- 566

- 1926 Overmeyer.Patricia@epa.gov ASTM International, a widely recognized standards development organization, recently updated its Phase I Environmental Site Assessment Standard and published the revised standard. The new ASTM Phase I Environmental Site Assessment Standard is designated

as E1527

- 13. On December 30, 2013, the EPA published a final rulemaking recognizing this updated standard as compliant with the All Appropriate Inquiries (AAI) Rule. The E PA now is proposing to amend

the AAI Rule to remove the reference in the rule to ASTM International's

E1527

- 05 "Standard Practice for Environmental Site Assessments:

Phase I Environmental Site Assessment Process." This will reduce confusion, given that the older standard is no longer available from ASTM and no longer considered to be the industry standard. The proposed action, if finalized will provide clarity that the Agency supports the use of the updated E1527

- 13 Phase I Environmental Site

Assessment Sta ndard to comply with the requirements for conducting all appropriate inquiries under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). 12 months

or less

### Action Initiation List

– Febr uary 201 4 Page 4 of 6

Action Title Stage Contact Abstract Projected

Publication

Date Mercury and Air Toxics Standards (MATS)

– Startup Shutdown

Reconsideration Final Nick Hutson

919

- 541

- 2968 Hutson.Nick@epa.gov In April 2012, EPA issued the final MATS Rule. EPA received petitions for reconsideration of this final rule. In November 2012, EPA granted reconsideration on, proposed revisions to, and solicited comment on four issues raised in the petitions: certain revised new source standards in MATS, requirements applicable during periods of startup and shutdown in MATS, startup and shutdown provisions related to the PM standard in the Utility NSPS, and definitional and monitoring provisions in the Utility NSPS. In April 2013, EPA finalized the revisions to the new source standards. The pet itions for reconsideration related to the startup/shutdown provisions indicated that the public lacked an opportunity to comment on these provisions. In June 2013, EPA granted reconsideration to provide an opportunity for public comment on this issue (NPRM 2). EPA reopened the public comment period for the proposed reconsideration of the startup/shutdown issues. After review of the public comments received, with this action, EPA plans to issue a final rule announcing our final decision on the proposed

start up/shutdown reconsideration. 12 months

or less

Reinterpreting Treatment

in a Manner Similar to a

State For Clean Water Act Regulatory Programs Final Fred Leutner

202

- 566

- 0378 Leutner.Frank@epa.gov The purpose of this action is to request comments on a proposed reinterpretation of one element of the regulations issued in 1991 implementing section 518(e) of the Clean Water Act. This section authorizes EPA to treat eligible tribes in the same manner as a state for administering specified Clean Water Act programs. The purpose of the reinterpretation is to reflect changes since 1991 in case law and EPA’s experience. The reinter pretation would remove the current requirement for applicant tribes to show inherent regulatory authority; however, it would retain the requirement for tribes to identify water bodies for which jurisdiction is being

asserted. More than

12 months

### Action Initiation List

– Febr uary 201 4 Page 5 of 6

Action Title Stage Contact Abstract Projected

Publication

Date Texas Regional Haze Partial Approval and Partial Disapproval and Oklahoma Regional Haze SIP Partial Disapproval and Promulgation of Federal Implementation

Plan NPRM Dayana Medina

214

- 665

- 7241 Medina.Dayana@epa.gov The EPA is proposing to take actio n on the Texas Regional Haze State Implementation Plan (SIP) submitted to EPA on March 30, 2009, intended to address the regional haze requirements of the Clean Air Act (CAA). In addition, EPA is proposing to take action on a portion of a revision to the Texas SIP submitted on May 1, 2008, to address the requirements of CAA section 110(a)(2)(D)(i)(II) as it applies to visibility for the 1997 8

- hour ozone and 1997 fine particulate matter National Ambient Air Quality Standards. This CA A requirement is intended to prevent emissions from one state from interfering with the visibility programs in another state. 12 months

or less

Accidental Release Prevention Requirements: Risk Management Program Under the Clean Air Act, Section 112(r)(7)

-

- Advanced Notice of Proposed Rulemaking N otice Jim Belke

202

- 564

- 8023 Belke.Jim@epa.gov In response to the Executive Order 13650, EPA will request comment on potential revisions to its Risk Management Program regulations. In this request for information, the Agency plans to ask for information and data on specific regulatory elements and proc ess safety management approaches, and the public and environmental health and safety risks they address. EPA will use the information received in response to this notice to determine what action, if any, it may take. 12 months

or less

### Action Initiation List

– Febr uary 201 4 Page 6 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 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

Rulemak ing (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 quickly we expect to complete an

action.