[Federal Register Volume 78, Number 38 (Tuesday, February 26, 2013)]
[Rules and Regulations]
[Pages 12961-12965]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-04293]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-HQ-OAR-2012-0943, FRL-9784-6]
Findings of Failure To Submit a Complete State Implementation
Plan for Section 110(a) Pertaining to the 2008 Lead National Ambient
Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The EPA is finding that seven states have not made complete
state implementation plan (SIP) submissions to address certain SIP
elements, as required by the Clean Air Act (CAA). Specifically, the EPA
is determining that these seven states have not submitted complete SIPs
that provide the basic CAA program elements necessary to implement the
2008 lead national ambient air quality standards (NAAQS). The EPA
refers to these SIP submissions as ``infrastructure'' SIPs. Of the
seven states, three are incomplete only due to prevention of
significant deterioration (PSD)-related elements, for which a federal
implementation plan (FIP) is in place. The remaining 43 states have
made complete submissions. Each finding of failure to submit
establishes a 24-month deadline for the EPA to promulgate FIPs to
address the outstanding SIP elements unless prior to the EPA
promulgating a FIP an affected state submits, and the EPA approves, a
SIP that corrects the deficiency.
DATES: The effective date of this rule is March 28, 2013.
FOR FURTHER INFORMATION CONTACT: General questions concerning this
notice should be addressed to Ms. Mia South: telephone (919) 541-5550,
email south.mia@epa.gov; or Mr. Larry Wallace: telephone (919) 541-
0906, email wallace.larry@epa.gov, Office of Air Quality Planning and
Standards, Air Quality Policy Division, Mail Code C504-2, 109 TW
Alexander Drive, Research Triangle Park, NC 27709.
SUPPLEMENTARY INFORMATION: Section 553 of the Administrative Procedures
Act, 5 U.S.C. 553(b)(B), provides that, when an agency for good cause
finds that notice and public procedure are impracticable, unnecessary
or contrary to the public interest, the agency may issue a rule without
providing notice and an opportunity for public comment. The EPA has
determined that there is good cause for making this rule final without
prior proposal and opportunity for comment because no significant EPA
judgment is involved in making a finding of failure to submit SIPs, or
elements of SIPs, required by the CAA, where states have made no
submissions, or incomplete submissions, to meet the requirement. Thus,
notice and public procedure are unnecessary. The EPA finds that this
constitutes good cause under 5 U.S.C. 553(b)(B).
For questions related to specific states mentioned in this notice,
please contact the appropriate EPA Regional Office:
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Regional offices States
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EPA Region I: Dave Conroy, Massachusetts and Vermont.
Air Program Branch Manager,
Air Programs Branch, EPA New
England, 1 Congress Street,
Suite 1100, Boston, MA 02203-
2211.
EPA Region II: Richard Ruvo, New Jersey.
Acting Chief, Air Programs
Branch, EPA Region II, 290
Broadway, 21st Floor, New
York, NY 10007-1866.
EPA Region III: Cristina Maryland and Pennsylvania.
Fernandez, Air Program
Manager, Air Quality
Planning Branch, EPA Region
III, 1650 Arch Street,
Philadelphia, PA 19103-2187.
EPA Region V: John Mooney, Illinois.
Air Program Branch Manager,
Air Programs Branch, EPA
Region V, 77 West Jackson
Street, Chicago, IL 60604.
EPA Region VI: Guy Donaldson, Oklahoma.
Chief, Air Planning Section,
EPA Region VI, 1445 Ross
Avenue, Dallas, TX 75202-
2733.
EPA Region VIII: Monica Colorado and South Dakota.
Morales, Air Program Manger,
Air Quality Planning Unit,
EPA Region VIII Air Program,
1595 Wynkoop St. (8P-AR),
Denver, CO 80202-1129.
EPA Region IX: Doris Lo, Hawaii.
Acting Air Program Manager,
Air Planning Office, EPA
Region IX, 75 Hawthorne
Street, San Francisco, CA
94105.
EPA Region X: Debra Suzuki, Oregon and Washington.
Air Program Manager, Air
Planning Unit, EPA Region X,
Office of Air, Waste, and
Toxics, Mail Code AWT-107,
1200 Sixth Avenue, Seattle,
WA 98101.
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Table of Contents
I. Background and Overview
II. Findings of Failure to Submit for States That Failed to Make an
Infrastructure SIP Submittal in Whole or in Part for the 2008 Lead
NAAQS
A. Findings of Failure To Submit for States That Failed To Make
a Submittal
B. Findings of Failure To Submit Specific Elements of Section
110(a)(2)
III. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Executive
Order 13563: Improving Regulation and Regulatory Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act (RFA)
D. Unfunded Mandates Reform Act of 1995 (UMRA)
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
G. Executive Order 13045: Protection of Children From
Environmental Health and Safety Risks
H. Executive Order 13211: Actions That Significantly Affect
Energy Supply, Distribution or Use
I. National Technology Transfer and Advancement Act
J. Executive Order 12898: Federal Actions to Address
Environmental Justice in Minority and Low Income Populations
K. Congressional Review Act
L. Judicial Review
[[Page 12962]]
I. Background and Overview
On October 15, 2008, the EPA promulgated revised NAAQS for lead.\1\
The agency revised the level of the primary lead standard from 1.5
micrograms per cubic meter ([mu]g/m\3\) to 0.15 [mu]g/m\3\, and revised
other aspects of the standard. The EPA also revised the secondary NAAQS
to make it identical to the revised primary standard.
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\1\ See 73 FR 66964, November 12, 2008, National Ambient Air
Quality Standards for Lead, Final Rule.
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The CAA section 110(a) imposes an obligation upon states to make a
SIP submission with respect to the 2008 lead NAAQS. CAA section
110(a)(1) requires states to submit SIPs that provide for the
implementation, maintenance and enforcement of a new or revised NAAQS
within 3 years following the promulgation of the new or revised NAAQS.
The EPA has not prescribed a shorter deadline; therefore, October 15,
2011, was the statutory deadline. Section 110(a)(2) lists specific
requirements that states must meet in these SIP submissions, as
applicable. The EPA refers to this type of SIP submission as the
``infrastructure'' SIP. The requirements for infrastructure SIPs
include basic SIP elements such as requirements for monitoring, basic
program requirements and legal authority that are designed to assure
attainment and maintenance of the NAAQS. The contents of that
submission may vary depending upon the facts and circumstances. In
particular, the data and analytical tools available at the time the
state develops and submits the SIP for a new or revised NAAQS
necessarily affect the content of the submission. The content of such a
SIP submission may also vary depending upon what provisions the state's
existing SIP already contains. In the case of the 2008 lead NAAQS, the
EPA believes that many states have met many of the basic program
elements required in section 110(a)(2) through earlier SIP submissions
in connection with previous NAAQS.
Two elements identified in section 110(a)(2) are not governed by
the 3-year submission deadline of section 110(a)(1) because SIPs
incorporating necessary local nonattainment area requirements are not
due within 3 years after promulgation of a new or revised NAAQS, but
rather are due at the time the nonattainment area plan requirements are
due pursuant to section 191.\2\ These requirements are: (i) Submissions
required by section 110(a)(2)(C) to the extent that subsection refers
to a nonattainment area new source review permit program for major
sources as required in part D of title I of the CAA; and (ii)
submissions required by section 110(a)(2)(I) which pertains to the
nonattainment planning requirements of part D of title I of the CAA.
Therefore, this action does not cover these specific SIP elements in
section 110(a)(2). This action does cover the requirement that
infrastructure SIPs provide for a minor source permitting program.
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\2\ Nonattainment area plans required by part D title I of the
CAA for the 2008 lead NAAQS are due 18 months after the effective
date of designation of an area as nonattainment. The nonattainment
plans are due June 30, 2012, for the first round of designations and
June 30, 2013, for the second round of designations.
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The EPA is also not, in this notice, issuing any findings of
failure to submit SIPs addressing section 110(a)(2)(D)(i)(I) of the
CAA. The EPA has historically interpreted section 110(a)(1) of the CAA
as establishing the required submittal date for SIPs addressing all of
the ``interstate transport'' requirements in section 110(a)(2)(D)
including the provisions in section 110(a)(2)(D)(i)(I) regarding
significant contribution to nonattainment and interference with
maintenance. The D.C. Circuit's recent opinion in EME Homer City
Generation v. EPA, 696 F.3d 7, 31 (D.C. Cir. 2012), however, concluded
that a SIP cannot be deemed to lack a required submission or deemed
deficient for failure to meet the 110(a)(2)(D)(i)(I) obligation until
after the EPA quantifies that obligation. At this time, the deadline
for asking the Supreme Court to review this decision has not passed,
and the United States has made no decision regarding whether to seek
further appeal. Nonetheless, the EPA intends to act in accordance with
the holdings in the EME Homer City opinion. Therefore, at this time the
EPA is not making findings that states failed to submit SIPs to comply
with section 110(a)(2)(D)(i)(I).
On September 24, 2012, litigants sued the EPA for failure to
perform certain mandatory duties under the CAA, including a failure to
find that the following states had failed to submit infrastructure SIPs
for the 2008 lead NAAQS: Colorado, Hawaii, Illinois, Maryland,
Massachusetts, New Jersey, Oklahoma, Oregon, Pennsylvania, South
Dakota, Vermont and Washington.\3\ As of February 14, 2013, the states
of Colorado, Maryland, Oklahoma, Pennsylvania and South Dakota have
made complete submittals for their respective infrastructure SIPs for
the 2008 lead NAAQS. With respect to the remaining states, the EPA is
making findings of failure to submit, in whole or in part.
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\3\ Center for Biological Diversity, et al., v. EPA, (N.D. Cal.
No. 12-cv-04968).
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After excluding SIP elements required by CAA sections 110(a)(2)(C)
to the extent that subsection refers to a nonattainment area new source
review permit program for major sources as required in part D of title
I of the CAA, 110(a)(2)(I) regarding plans for nonattainment areas, and
110(a)(2)(D)(i)(I) regarding interstate transport affecting attainment
and maintenance of the NAAQS, as explained above, the remaining
elements that are relevant to this action are the requirements of CAA
sections 110(a)(2)(A), (B), (C) (but not with respect to the permitting
program required by CAA title I subpart D), (D)(i)(II), (D)(ii), (E)-
(H) and (J)-(M).
For those states cited in this litigation that have not yet made an
infrastructure SIP submittal and those states that have made a
submittal that was not complete with respect to each relevant element
of section 110(a)(2), as applicable, the EPA is making a finding of
failure to submit. Four states have not made any submittal, and for
these states the EPA is making a finding with respect to all of the
relevant section 110(a)(2) SIP elements. Three states made a SIP
submittal that was found complete with respect to all required elements
except those elements that are related to PSD in sections 110(a)(2)(C),
(D)(i)(II), (D)(ii), and (J).\4\ For these three states, the EPA is
issuing findings of failure to submit only with respect to the PSD-
related elements. For both sets of states, these findings reflect
submissions received or not received as of February 14, 2013.
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\4\ The PSD-related requirements are the requirements for a PSD
permitting program in sections 110 (a)(2)(C) and (J), the
requirements in section 110(a)(2)(D)(a)(ii) not to interfere with
measures to prevent significant deterioration in another state's SIP
and the requirement for notifications to other states in section 110
(a)(2)(D)(ii).
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These findings establish a 24-month deadline for the promulgation
by the EPA of a FIP, in accordance with section 110(c)(1) for those
states for which the EPA is making a finding unless the EPA has
approved a final SIP by that date. These findings of failure to submit
do not impose sanctions, or set deadlines for imposing sanctions as
described in section 179 of the CAA, because these findings do not
pertain to the elements of a part D, title I plan for nonattainment
areas as required under section 110(a)(2)(I), and because these states
have not failed to make submissions in response to a SIP call pursuant
to section 110(k)(5). Moreover, the EPA has already promulgated a FIP
that
[[Page 12963]]
addresses PSD-related requirements for each of the states for which the
EPA is making a finding of failure to submit only for PSD-related
requirements. Therefore, this action will not trigger any additional
PSD FIP obligations in these three states. Two of the four states that
did not make any submittal also are currently subject to PSD FIPs. The
EPA recognizes that these five states may choose to have the existing
PSD FIP continue to govern the permitting of their sources, in which
case the current permitting process in each state will continue without
the need for further action by the state.
To summarize, the EPA is finding that seven states, as identified
in section II of this notice, have not made a complete infrastructure
SIP submission to meet certain requirements of section 110(a)(2) that
are relevant to this action, as applicable, for the 2008 lead NAAQS.
The EPA is committed to working with these states to expedite
submissions as necessary, and to working with all the states to review
and act on their infrastructure SIP submissions in accordance with the
requirements of the CAA.
II. Findings of Failure to Submit for States That Failed to Make an
Infrastructure SIP Submittal in Whole or in Part for the 2008 Lead
NAAQS
The EPA is making findings that certain states identified below
have failed to submit a complete infrastructure SIP that provides
certain basic program elements of section 110(a)(2) necessary to
implement the 2008 lead NAAQS, by February 14, 2013. The EPA is
establishing a 24-month deadline by which time the EPA must promulgate
a FIP for each affected state to address the identified section
110(a)(2) requirements, unless the state submits and the EPA approves a
SIP revision that corrects the deficiency before the EPA promulgates a
FIP for the state, in accordance with section 110(c)(1). This action
will be effective 30 days after publication, on March 28, 2013.
A. Findings of Failure To Submit for States That Failed To Make a
Submittal
As of February 14, 2013, New Jersey, Oregon, Vermont and Washington
failed to make a submittal to address the requirements of section
110(a)(2)(A), (B), (C) (but not with respect to the permitting program
required by CAA title I subpart D), (D)(i)(II), (D)(ii), (E)-(H) and
(J)-(M).
The effective date of this action starts a 24-month FIP clock for
the EPA to approve a SIP for the affected states that addresses those
requirements of section 110(a)(2), or for the EPA to finalize a FIP.
The EPA notes that it has already promulgated FIPs to address PSD-
related requirements for New Jersey and Washington and therefore this
action will not trigger additional PSD FIP obligations for these
states.
B. Findings of Failure To Submit Specific Elements of Section 110(a)(2)
Hawaii, Illinois and Massachusetts made submittals as of February
14, 2013, that address all of the section 110(a)(2) requirements, with
the exception of the PSD-related requirements in sections 110(a)(2)(C),
(D)(i)(II), (D)(ii), and (J). The EPA notes that it has already
promulgated a FIP to address PSD-related requirements for each of these
states and therefore this action will not trigger any additional FIP
obligations for these states.
III. Statutory and Executive Order Reviews
A. Executive Orders 12866: Regulatory Planning and Executive Order
13563: Improving Regulation and Regulatory Review
This action is not a ``significant regulatory action'' under the
terms of Executive Order (EO) 12866 (58 FR 51735, October 4, 1993) and
is therefore not subject to review under EO 12866 and 13563 (76 FR
3821, January 21, 2011).
B. Paperwork Reduction Act
This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
This final rule does not establish any new information collection
requirement apart from what is already required by law. This rule
relates to the requirement in the CAA for states to submit SIPs under
section 110(a) to satisfy certain infrastructure and general authority-
related elements required under section 110(a)(2) of the CAA for the
2008 lead NAAQS. Section 110(a)(1) of the CAA requires that states
submit SIPs that implement, maintain and enforce a new or revised NAAQS
which satisfy the requirements of section 110(a)(2) within 3 years of
promulgation of such standard, or such shorter period as the EPA may
provide.
Burden means the total time, effort or financial resources expended
by persons to generate, maintain, retain or disclose or provide
information to or for a federal agency. This includes the time needed
to review instructions; develop, acquire, install and utilize
technology and systems for the purposes of collecting, validating and
verifying information, processing and maintaining information and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information. An agency may not
conduct or sponsor, and a person is not required to respond to a
collection of information unless it displays a currently valid OMB
control number. The OMB control numbers for the EPA's regulations in
the CFR are listed in 40 CFR Part 9.
C. Regulatory Flexibility Act (RFA)
The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the Administrative
Procedures Act (APA) or any other statute unless the agency certifies
that the rule will not have a significant economic impact on a
substantial number of small entities. Small entities include small
businesses, small organizations and small governmental jurisdictions.
For the purpose of assessing the impacts of this final rule on small
entities, small entity is defined as: (1) A small business that is a
small industry entity as defined in the U.S. Small Business
Administration (SBA) size standards (See 13 CFR part 121); (2) a small
governmental jurisdiction that is a government of a city, county, town,
school district or special district with a population of less than
50,000; and (3) a small organization that is any not-for-profit
enterprise which is independently owned and operated and is not
dominant in its field.
After considering the economic impacts of this final rule on small
entities, I certify that this rule will not have a significant economic
impact on a substantial number of small entities. This final rule will
not impose any requirements on small entities. This action relates to
the requirement in the CAA for states to submit SIPs under section
110(a) to satisfy certain infrastructure and general authority-related
elements required under section 110(a)(2) of the CAA for the 2008 lead
NAAQS. Section 110(a)(1) of the CAA requires that states submit SIPs
that implement, maintain and enforce a new or revised NAAQS which
satisfies the requirements of section 110(a)(2) within 3 years of
promulgation of such standard, or such shorter period as the EPA may
provide.
[[Page 12964]]
D. Unfunded Mandates Reform Act of 1995 (UMRA)
This action contains no federal mandate under the provisions of
Title II of the Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1531-
1538 for state, local and tribal governments and the private sector.
The action imposes no enforceable duty on any state, local or tribal
governments or the private sector. Therefore, this action is not
subject to the requirements of section 202 and 205 of the UMRA.
This action is also not subject to the requirements of section 203
of UMRA because it contains no regulatory requirements that might
significantly or uniquely affect small governments. This action relates
to the requirement in the CAA for states to submit SIPs under section
110(a) to satisfy certain infrastructure and general authority-related
elements required under section 110(a)(2) of the CAA for the 2008 lead
NAAQS. Section 110(a)(1) of the CAA requires that states submit SIPs
that implement, maintain and enforce a new or revised NAAQS which
satisfies the requirements of section 110(a)(2) within 3 years of
promulgation of such standard, or such shorter period as the EPA may
provide.
E. Executive Order 13132: Federalism
EO 13132, entitled ``Federalism'' (64 FR 43255, August 10, 1999),
requires the EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the EO to
include regulations that have ``substantial direct effects on the
states, or the relationship between the national government and the
states or on the distribution of power and responsibilities among the
various levels of government.'' This final rule does not have
federalism implications. It will not have substantial direct effects on
the states, on the relationship between the national government and the
states or on the distribution of power and responsibilities among the
various levels of government, as specified in EO 13132. The CAA
establishes the scheme whereby states take the lead in developing plans
to meet the NAAQS. This rule will not modify the relationship of the
states and the EPA for purposes of developing programs to implement the
NAAQS. Thus, EO 13132 does not apply to this rule.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
EO 13175, entitled ``Consultation and Coordination with Indian
Tribal Governments'' (65 FR 67249, November 9, 2000), requires the EPA
to develop an accountable process to ensure ``meaningful and timely
input by Tribal officials in the development of regulatory policies
that have Tribal implications.'' This final rule does not have tribal
implications, as specified in EO 13175. This rule responds to the
requirement in the CAA for states to submit SIPs under section 110(a)
to satisfy certain elements required under section 110(a)(2) of the CAA
for the 2008 lead NAAQS. Section 110(a)(1) of the CAA requires that
states submit SIPs that provide for implementation, maintenance and
enforcement of a new or revised NAAQS, and which satisfy the applicable
requirements of section 110(a)(2), within 3 years of promulgation of
such standard, or within such shorter period as the EPA may provide. No
tribe is subject to the requirement to submit an implementation plan
under section 110(a) within 3 years of promulgation of a new or revised
NAAQS.
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
The EPA interprets EO 13045 (62 FR 19885, April 23, 1997) as
applying only to those regulatory actions that concern health or safety
risks, such that the analysis required under section 5-501 of the EO
has the potential to influence the regulation. This action is not
subject to EO 13045 because it is not an action that concerns health or
safety risks. This action is finding that certain states have failed to
submit a complete SIP that provides certain basic program elements of
section 110(a)(2) necessary to implement the 2008 lead NAAQS.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution or Use
This rule is not a ``significant energy action'' as defined in EO
13211, ``Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001),
because it is not likely to have a significant adverse effect on the
supply, distribution or use of energy.
I. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law No. 104-113, section 12(d) (15 U.S.C.
272 note), directs the EPA to use voluntary consensus standards (VCS)
in its regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impracticable. VCS are technical standards
(e.g., materials specifications, test methods, sampling procedures and
business practices) that are developed or adopted by VCS bodies. The
NTTAA directs the EPA to provide Congress, through OMB, explanations
when the agency decides not to use available and applicable VCS. This
action does not involve technical standards. Therefore, the EPA did not
consider the use of any VCS.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
EO 12898 (59 FR 7629, February 16, 1994) establishes federal
executive policy on environmental justice. Its main provision directs
federal agencies, to the greatest extent practicable and permitted by
law, to make environmental justice part of their mission by identifying
and addressing, as appropriate, disproportionately high and adverse
human health or environmental effects of their programs, policies and
activities on minority populations and low-income populations in the
United States. The EPA has determined that this final rule will not
have disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
directly affect the level of protection provided to human health or the
environment. This notice is making a finding that certain states have
failed to submit a complete SIP that provides certain basic program
elements of section 110(a)(2) necessary to implement the 2008 lead
NAAQS.
K. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this rule and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a
[[Page 12965]]
``major rule'' as defined by 5 U.S.C. 804(2). This rule will be
effective March 28, 2013.
L. Judicial Review
Section 307(b)(1) of the CAA indicates which federal Courts of
Appeal have venue for petitions of review of final agency actions by
the EPA under the CAA. This section provides, in part, that petitions
for review must be filed in the Court of Appeals for the District of
Columbia Circuit (i) when the agency action consists of ``nationally
applicable regulations promulgated, or final actions taken, by the
Administrator,'' or (ii) when such action is locally or regionally
applicable, if ``such action is based on a determination of nationwide
scope or effect and if in taking such action the Administrator finds
and publishes that such action is based on such a determination.''
This final rule consisting of findings of failure to submit certain
of the required infrastructure SIP provisions is ``nationally
applicable'' within the meaning of section 307(b)(1). This rule affects
seven states across the country that are located in five of the ten EPA
Regions, five different federal circuits, and multiple time zones. In
addition, the rule addresses a common core of knowledge and analysis
involved in formulating the decision and a common interpretation of the
requirements of 40 CFR 51 appendix V applied to determining the
completeness of SIPs in states across the country.
This determination is appropriate because in the 1977 CAA
Amendments that revised CAA section 307(b)(1), Congress noted that the
Administrator's determination that an action is of ``nationwide scope
or effect'' would be appropriate for any action that has ``scope or
effect beyond a single judicial circuit.'' H.R. Rep. No. 95-294 at 323-
324, reprinted in 1977 U.S.C.C.A.N. 1402-03. Here, the scope and effect
of this action extends to the five judicial circuits that include the
states across the country affected by this action. In these
circumstances, section 307(b)(1) and its legislative history authorize
the Administrator to find the rule to be of ``nationwide scope or
effect'' and thus to indicate that venue for challenges lies in the
D.C. Circuit. Accordingly, the EPA is determining that this is a rule
of nationwide scope or effect. Under section 307(b)(1) of the CAA,
petitions for judicial review of this action must be filed in the
United States Court of Appeals for the District of Columbia Circuit
within 60 days from the date final action is published in the Federal
Register. Filing a petition for review by the Administrator of this
final action does not affect the finality of the action for the
purposes of judicial review nor does it extend the time within which a
petition for judicial review must be filed, and shall not postpone the
effectiveness of such rule or action. Thus, any petitions for review of
this action must be filed in the Court of Appeals for the District of
Columbia Circuit within 60 days from the date this final action is
published in the Federal Register.
List of Subjects in 40 CFR Part 52
Approval and promulgation of implementation plans, Environmental
protection, Administrative practice and procedures, Air pollution
control, Incorporation by reference, Intergovernmental relations, and
Reporting and recordkeeping requirements.
Dated: February 15, 2013.
Gina McCarthy,
Assistant Administrator, Office of Air and Radiation.
[FR Doc. 2013-04293 Filed 2-25-13; 8:45 am]
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