Federal Register / Vol. 79, No. 206 / Friday, October 24, 2014 / Rules and Regulations 63539 

distribution, or use of energy. At the 

time of proposal of the implementation 

rule for the prior 1997 PM2.5 standard, 

information on the methodology and 

data regarding the assessment of 

potential energy impacts regarding 

implementation of the 2006 PM2.5

standard was not addressed because the 

2006 PM2.5 NAAQS is not a significant 

energy action. This is based on the fact 

that no impacts are specifically ascribed 

to the standard only. Potential energy 

impacts are ascribed during the 

implementation phase by the states. An 

energy impact analysis, as part of a 

regulatory impact analysis or other 

assessment for the PM2.5 NAAQS rule, 

was prepared by the Office of Air 

Quality Planning and Standards, 

Research Triangle Park, NC, April 24, 

2003. (71 FR 60853, October 17, 2006) 

I. National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer Advancement Act 

of 1995 (NTTAA), Public Law 104–113, 

section 12(d) (15 U.S.C. 272 note) 

directs 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 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, 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 

Executive Order 12898 (59 FR 7629 

(Feb. 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. 

EPA has determined that this final 

action 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 concerning whether California 

has submitted or failed to submit a 

complete SIP for the interstate transport 

requirements specified in CAA section 

110(a)(2)(D)(i)(I) necessary to implement 

the 2006 PM2.5 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. EPA will submit a 

report containing this action 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 action 

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 ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). This action 

will be effective November 24, 2014. 

L. Judicial Review 

Section 307(b)(1) of the CAA indicates 

which Federal Courts of Appeal have 

venue for petitions of review of final 

actions by EPA. 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 EPA 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.’’ 

The Administrator is determining that 

this action making a finding of failure to 

submit SIPs related to the section 

110(a)(2)(D)(i)(I) requirements for the 

2006 24-hour PM2.5 NAAQS is of 

nationwide scope and effect for the 

purposes of section 307(b)(1). This is 

particularly appropriate because in the 

report on the 1977 Amendments that 

revised section 307(b)(1) of the CAA, 

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 rulemaking extends to 

numerous judicial circuits since the 

finding of failure to submit a SIP applies 

to a rulemaking of national scope and 

effect. In these circumstances, section 

307(b)(1) and its legislative history call 

for the Administrator to find the rule to 

be of ‘‘nationwide scope or effect’’ and 

for venue to be in the District of 

Columbia Circuit. 

Thus, any petitions for review of this 

action related to a finding of failure to 

submit SIPs related to the requirements 

of section 110(a)(2)(D)(i)(I) of the CAA 

must be filed in the Court of Appeals for 

the District of Columbia Circuit within 

60 days from the date 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, Particulate 

matter, and Reporting and 

recordkeeping requirements. 

Dated: September 29, 2014. 

Jared Blumenfeld, 

Regional Administrator, U.S. EPA, Region IX. 

[FR Doc. 2014–25279 Filed 10–23–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 98 

Mandatory Greenhouse Gas Reporting 

CFR Correction 

In Title 40 of the Code of Federal 

Regulations, Parts 96 to 99, revised as of 

July 1, 2013, on page 765, in § 98.226, 

paragraph (c) is reinstated to read as 

follows: 

§ 98.226 Data reporting requirements. 

* * * * * 

(c) Annual nitric acid production 

from each nitric acid train (tons, 100 

percent acid basis). 

* * * * * 

[FR Doc. 2014–25390 Filed 10–23–14; 8:45 am] 

BILLING CODE 1505–01–D 


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