Action Initiation List – February 2014 Page 1 of 6

February 2014 Action Initiation List (as of 4/17/2014)

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/. 

If one of the rules on this AIL is in RegDaRRT, a link to the rule's profile is 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 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 2014 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 negligible contribution to 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 under the Renewable Fuel Standard (RFS) 

program's 2013 Annual Rule (78 Fed Reg. 49794; August 15, 2013). 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 subsequently 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 annual RFS rule. 

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

the 2013 cellulosic standard is June 30, 2014. EPA is committed to 

publishing a proposal and direct final rule as quickly as is practicable after 

reviewing all available and relevant data. Timely finalization of a new 

2013 cellulosic biofuel standard will reduce regulatory uncertainty as well 

as administrative burden for both obligated parties and the Government. 

12 months 

or less 
Action Initiation List – February 2014 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 existing CBI regulations to update the regulations 

to comply with case law requirements; 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 appropriate 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 EPA 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 Standard 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 – February 2014 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 petitions 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 

startup/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 reinterpretation 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 – February 2014 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 action 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 CAA 

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

Notice 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 process 

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 – February 2014 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 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.