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[Federal Register Volume 79, Number 37 (Tuesday, February 25, 2014)]
[Rules and Regulations]
[Pages 10391-10395]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-03329]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-HQ-OAR-2014-0032; FRL-9906-80-OAR]

Finding of Failure To Submit State Implementation Plans Required 
for the 2008 Lead National Ambient Air Quality Standards (NAAQS)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action finding that the Commonwealth of Pennsylvania has not submitted 
state implementation plans (SIPs) for three nonattainment areas in 
Berks and Beaver Counties to meet the requirements of the Clean Air Act 
(CAA) for attaining the 2008 Lead National Ambient Air Quality 
Standards (NAAQS). Pennsylvania has not yet submitted SIPs for three 
nonattainment areas--the Lyons and North Reading nonattainment areas in 
Berks County and the Lower Beaver Valley nonattainment area in Beaver 
County--that demonstrate how each nonattainment area would attain the 
2008 Lead NAAQS as expeditiously as practicable. These plans were due 
by June 30, 2012. If Pennsylvania has not submitted and the EPA has not 
approved the required attainment plans for its nonattainment areas by 
no later than 2 years after the effective date of this finding, the EPA 
must promulgate a federal implementation plan (FIP) for the affected 
nonattainment area. In addition, the CAA provides for the imposition of 
sanctions if the state does not submit the required attainment SIP 
within specific timeframes.

DATES: Effective Date: This action is effective on February 25, 2014. 
Under the Administrative Procedure Act (APA), 5 U.S.C. 553(d)(3), an 
agency rulemaking may take effect before 30 days after the date of 
publication in the Federal Register if the agency has good cause to 
specify an earlier effective date. This action concerns SIP submissions 
that were due by June 30, 2012. In addition, this action simply starts 
a ``clock'' that will not result in sanctions for 18 months, and which 
Pennsylvania may avoid by submitting complete SIPs to the EPA. The EPA 
finds these reasons provide good cause for an immediate effective date.

FOR FURTHER INFORMATION CONTACT: General questions concerning this rule 
should be addressed to Ms. Mia South, Office of Air Quality Planning 
and Standards, Air Quality Policy Division, U.S. Environmental 
Protection Agency, Mail Code: C504-2, 109 T.W. Alexander Drive, 
Research Triangle Park, NC 27711; telephone (919) 541-5550. For 
questions related to Pennsylvania, please contact the EPA's Region 3, 
Cristina Fernandez, Associate Director, Office of Air Program Planning 
(3AP30), Air Protection Division, U.S. Environmental Protection Agency, 
Region 3, 1650 Arch Street, Philadelphia, PA 19103-2023; telephone 
(215) 814-2178.

SUPPLEMENTARY INFORMATION: 

I. General Information

A. Notice-and-Comment Under the APA

    Section 553 of the APA, 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 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). As the EPA has 
explained in prior rulemakings, see e.g., 58 FR 51270, 51272, n.7 
(October 1, 1993), under section 110(k)(1), the CAA provides the EPA 
with a 60-day period after receiving a submittal from a state in which 
to determine whether a submittal is complete. If no plan is submitted, 
the CAA requires the EPA to make a determination to that effect within 
6 months of the deadline for submittal. Since Congress provided the EPA 
only 60 days to determine whether a state that has made some submittal 
failed to submit a complete SIP, and it is generally impossible to 
assess a submittal for completeness and then provide notice-and-comment 
before making a final determination within 60 days, the EPA believes 
that Congress clearly intended that the EPA should not go through 
notice-and-comment rulemaking prior to making findings of failure to 
submit a complete SIP when the state has made some submittal. In this 
case, the EPA is making findings that the state has made no submittal, 
and therefore no complete submittal, more than 6 months after the 
deadline for submittal, but the EPA similarly

[[Page 10392]]

believes that Congress did not intend that the EPA go through notice-
and-comment rulemaking in this case.

B. How can I get copies of this document and other related information?

    The EPA has established a docket for this action under Docket ID 
No. EPA-HQ-OAR-2014-0032. Publicly available docket materials are 
available either electronically through www.regulations.gov or in hard 
copy at the EPA Docket Center, EPA/DC, William Jefferson Clinton 
Building, Room 3334, 1301 Constitution Avenue NW., Washington, DC The 
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through 
Friday, excluding legal holidays. The telephone number for the Public 
Reading Room is (202) 566-1744 and the telephone number for the Office 
of Air and Radiation Docket and Information Center is (202) 566-1742.

C. How is this preamble organized?

Table of Contents

I. General Information
    A. Notice-and-Comment Under the APA
    B. How can I get copies of this document and other related 
information?
    C. How is the preamble organized?
II. Background and Overview
    A. Statutory Requirements
    B. The EPA's Clean Data Policy
III. Findings of Failure To Submit for Pennsylvania for Attainment 
SIPs for the 2008 Lead NAAQS
IV. This Action
V. Statutory and Executive Order (EO) 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 (NTTAA)
    J. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority and Low Income Populations
    K. Congressional Review Act
    L. Judicial Review

II. Background and Overview

    Subpart 5, part D of title I of the CAA requires states with areas 
that are designated nonattainment for the 2008 Lead NAAQS to develop a 
SIP providing how the state will attain the air standards. Section 172 
of the CAA specifies the required elements of a SIP for an area 
designated nonattainment for the 2008 Lead NAAQS. These requirements 
include, but are not limited to, an attainment demonstration, 
reasonably available control measures (RACM) and reasonably available 
control technology (RACT), annual emissions reductions as necessary to 
ensure reasonable further progress (RFP) and contingency measures. Most 
states with lead nonattainment areas designated in 2010 have submitted 
SIPs addressing these requirements as required under the CAA. However, 
one state, Pennsylvania, has not yet submitted SIPs for three 
nonattainment areas--the Lyons and North Reading nonattainment areas in 
Berks County and the Lower Beaver Valley nonattainment area in Beaver 
County. These SIPs were due on June 30, 2012. By this action, the EPA 
is making a finding that Pennsylvania has failed to submit the required 
complete SIPs for these three nonattainment areas.

A. Statutory Requirements

    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 also 
revised the averaging time and form of the lead standards. The 
calculation method for the averaging time is a ``rolling'' 3-month 
period with a maximum (not-to-be-exceeded) form, evaluated over a 3-
year period. The EPA also revised the secondary NAAQS to make it 
identical to the revised primary standard. In conjunction with 
strengthening the lead standards, the EPA improved the existing lead 
monitoring network by requiring monitors to be placed in areas with 
sources, such as certain industrial facilities, and at other sites.
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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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    On November 16, 2010, the EPA identified or ``designated'' 16 
areas, consisting of 17 partial counties, as ``nonattainment areas'' 
not meeting the 2008 NAAQS for lead. In this first round, the EPA 
designated areas nonattainment based on 2007-2009 air quality 
monitoring data. These designation actions were effective on December 
31, 2010. On November 8, 2011, the EPA completed a second round of 
designations, based on monitoring data from 2008-2010, including 
monitors newly established under the 2008 Lead NAAQS Rule. In this 
second round, the EPA designated five areas, including five partial 
counties, as nonattainment and designated the remaining areas in the 
country as attainment/unclassifiable or unclassifiable for the 2008 
Lead NAAQS. These designation actions were effective on December 31, 
2011. For the full listing of areas designated nonattainment for the 
2008 Lead NAAQS (15 states, 21 nonattainment areas and 22 partial 
counties) see http://www.epa.gov/leaddesignations/2008standards/documents/2011-11-08/LeadNAAreaList.pdf.
    The three areas in Pennsylvania were designated nonattainment in 
the first round, effective December 31, 2010. In accordance with the 
CAA, attainment SIPs for these areas were required to be submitted no 
later than June 30, 2012. As explained in further detail in the 2008 
Lead NAAQS Rule, the key required elements of the attainment SIP 
include the attainment demonstration, RACM/RACT, RFP and contingency 
measures. The attainment demonstration provides details on how a 
nonattainment area will reduce pollution and provides a plan for the 
area to meet the lead NAAQS. Under subpart 5 part D of title I of the 
CAA, an attainment demonstration for these areas is required to show 
how the nonattainment area will attain the 2008 Lead NAAQS as 
expeditiously as practicable, but no later than 5 years after the 
effective date of designation, or December 31, 2015, for the areas 
designated in the first round for which Pennsylvania failed to submit 
an attainment SIP. The attainment demonstration takes into account 
projected emission reductions from existing federal and state measures, 
plus any additional RACM/RACT that are adopted by the state to attain 
``as expeditiously as practicable.'' Air quality modeling of these 
projected emissions reductions in future years is an important element 
of the attainment demonstration.
    Each nonattainment SIP must include RACM/RACT as necessary for the 
area to attain the 2008 Lead NAAQS. The CAA requires the state to 
demonstrate that it has adopted all RACM, considering economic and 
technical feasibility and other factors, that are needed to show that 
the area will attain the lead standards as expeditiously as 
practicable. The 2008 Lead NAAQS Rule sets forth more specific guidance 
for making RACM and RACT determinations.
    Each plan must also ensure that the area is making RFP in terms of 
emission reductions and air quality improvements toward attainment. The

[[Page 10393]]

2008 Lead NAAQS Rule provides that the RFP element of a SIP include a 
detailed schedule for the implementation of RACM (including RACT) that 
accurately indicates the corresponding annual emission reductions to be 
achieved.
    SIPs must also include contingency measures, which are emission 
reduction measures to be undertaken if the area fails to satisfy the 
RFP requirement or fails to attain the 2008 Lead NAAQS by the 
attainment date. These measures are to take effect without significant 
further action by the state or the EPA. As discussed in the 2008 Lead 
NAAQS Rule, the EPA generally expects that contingency measures will be 
implemented as expeditiously as practicable, and will be fully 
implemented within 60 days of the EPA notifying the state that 
contingency measures are necessary.

B. The EPA's Clean Data Policy

    The Clean Data Policy represents the EPA's interpretation that 
certain requirements of subpart 1 of part D of title I of the Act are 
by their terms not applicable to areas that are attaining the NAAQS.\2\ 
The specific requirements that are inapplicable to an area attaining 
the standard are the requirements to submit a SIP that provides for: 
attainment of the NAAQS, implementation of all RACM, RFP and 
implementation of contingency measures for failure to meet deadlines 
for RFP and attainment. The EPA has previously applied the Clean Data 
Policy to the 2008 Lead NAAQS. See e.g., 77 FR 35653 (June 14, 2012) 
(proposed determination of attainment of the 2008 lead standards for 
Bristol, TN); 77 FR 52232 (August 29, 2012) (final rule). For more 
information about the history, rationale and application of the Clean 
Data Policy, see 77 FR 35653-35654.
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    \2\ This discussion refers to subpart 1 because subparts 1 and 5 
contain the requirements relating to attainment of the lead NAAQS.
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    We note that several lead nonattainment areas currently have air 
quality that attains the 2008 Lead NAAQS, but have not yet completed 
the process for redesignating the area to attainment. Where the EPA has 
published in the Federal Register a clean data determination for an 
area, a state's obligation to submit RACM/RACT, contingency measures, 
RFP and attainment demonstrations for that area are suspended as of the 
effective date of the clean air determination. This suspension will 
remain in effect unless the EPA subsequently determines, after notice-
and-comment rulemaking, that the area has again violated the 2008 Lead 
NAAQS, in which case the requirements are again due or the area is 
redesignated to attainment, in which case the requirements are 
permanently no longer applicable. Thus, states with areas that have 
received final clean data determinations and have not submitted SIPs 
for these areas are not subject to the final action in this rule.

III. Findings of Failure To Submit for Pennsylvania for Attainment SIPs 
for the 2008 Lead NAAQS

    Section 179(a)(1) of the CAA establishes specific consequences if 
the EPA finds that a state has failed to submit a SIP or, with regard 
to a submitted SIP, if the EPA determines it is incomplete or if the 
EPA disapproves it. Additionally, any of these findings also triggers 
an obligation for the EPA to promulgate a FIP if the state has not 
submitted, and the EPA has not approved, the required SIP within 2 
years of the finding.
    The EPA is finding that Pennsylvania has failed to make the 
required nonattainment SIP submissions for the Lyons and North Reading 
nonattainment areas in Berks County and the Lower Beaver Valley 
nonattainment area in Beaver County. If the EPA has not affirmatively 
determined that Pennsylvania has made the required complete 
nonattainment SIP submissions within 18 months of the effective date of 
this action then, pursuant to CAA section 179(a) and (b) and 40 CFR 
52.31, the offset sanction identified in CAA section 179(b)(2) will 
apply in any area subject to the findings for which a complete 
submission has not been made. If the EPA has not affirmatively 
determined that Pennsylvania has made a complete submission for each 
area subject to the findings within 6 months after the emission offset 
sanction is imposed, then the highway funding sanction will also apply 
in any area subject to the finding for which a complete submission has 
not been made, in accordance with CAA section 179(b)(1) and 40 CFR 
52.31. The 18-month clock will stop and the sanctions will not take 
effect, within 18 months after the date of this finding, if the EPA 
finds that Pennsylvania has made a complete nonattainment SIP 
submission for each area for which the finding is being made or if the 
EPA makes a determination the area is attaining the standard consistent 
with the EPA's Clean Data Policy. In addition, the EPA is not required 
to promulgate a FIP if Pennsylvania makes the required SIP submittal, 
and the EPA takes final action to approve the submittal, or if EPA 
makes a final determination the area is attaining the standard 
consistent with the Clean Data Policy, within 2 years of the EPA's 
finding. Contemporaneous with the signing of this rule, the EPA Region 
3 Regional Administrator is sending a letter to the governor of 
Pennsylvania informing the governor that the EPA is determining that 
Pennsylvania has failed to make the required SIP submissions for the 
specified areas. This letter and any accompanying enclosures have been 
included in the docket for this action.

IV. This Action

    In this action, the EPA is making a finding of failure to submit 
for Pennsylvania with regard to areas designated nonattainment for lead 
in 2010. Pennsylvania has not yet submitted attainment SIPs for three 
nonattainment areas--the Lyons and North Reading nonattainment areas in 
Berks County and the Lower Beaver Valley nonattainment area in Beaver 
County.
    In accordance with CAA section 179, this finding starts the 18-
month emission offset sanctions clock, the 24-month highway funding 
sanctions clock and a 24-month clock for the promulgation by the EPA of 
a FIP. This action will be effective on February 25, 2014.

V. Statutory and Executive Order (EO) Reviews

A. Executive Order 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 action does not establish any new information collection 
requirement apart from that already required by law. This action makes 
a finding that Pennsylvania failed to submit attainment SIPs for the 
2008 Lead NAAQS as required by the CAA. Burden means the total time, 
effort or financial resources expended by persons to generate, 
maintain, retain, disclose or provide information to or for a federal 
agency. This includes the time needed to review instructions; develop, 
acquire,

[[Page 10394]]

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 Office of Management and Budget (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 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 action 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 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 action on 
small entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. This final 
action will not impose any requirements on small entities. This action 
makes a finding that Pennsylvania failed to submit attainment SIPs for 
the 2008 Lead NAAQS as required by the CAA.

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, because the requirement to submit an 
attainment SIP is established in the Clean Air Act. 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 makes a 
finding that Pennsylvania failed to submit attainment SIPs for the 2008 
Lead NAAQS as required by the CAA.

E. Executive Order 13132: Federalism

    EO 13132, titled ``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 action 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 Executive Order 13132. 
The CAA establishes the scheme whereby states take the lead in 
developing plans to meet the NAAQS. This action will not modify the 
relationship of the states and the EPA for purposes of developing 
programs to implement the NAAQS. Thus, Executive Order 13132 does not 
apply to this action.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    EO 13175, titled ``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 action does not have tribal 
implications, as specified in EO 13175. This action responds to the 
requirement in the CAA for states to submit nonattainment SIPs for the 
2008 Lead NAAQS.

G. Executive Order 13045: Protection of Children From Environmental 
Health and Safety Risks

    The EPA interprets Executive Order 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 Executive Order has the potential to influence the regulation. This 
action is subject to Executive Order 13045 because it is making 
findings that Pennsylvania failed to submit nonattainment SIPs for the 
2008 Lead NAAQS as required by the CAA. The enforceable measures in the 
attainment SIPs will ensure that the areas will attain the NAAQS for 
lead, which was established to protect public health, including the 
health of children, with an adequate margin of safety.

H. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution or Use

    This action is not a ``significant energy action'' as defined in 
Executive Order 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 (NTTAA)

    Section 12(d) of the NTTAA of 1995 Public Law 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 and Low-Income Populations

    Executive Order 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

[[Page 10395]]

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 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 rule is making a finding that 
Pennsylvania failed to submit nonattainment SIPs for the 2008 Lead 
NAAQS as required by the CAA. The enforceable measures in the 
attainment SIPs will ensure that the areas will attain the NAAQS for 
lead, which was established to protect public health, including the 
health of minority and low income populations, with an adequate margin 
of safety.

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 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 February 25, 2014.

L. Judicial Review

    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 Third Circuit within 60 days from the date this action is published 
in the Federal Register. Filing a petition for reconsideration by the 
Administrator of this final action does not affect the finality of this 
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 this action.

List of Subjects in 40 CFR Part 52

    Environmental protection, Approval and promulgation of 
implementation plans, Administrative practice and procedures, Air 
pollution control, Incorporation by reference, Intergovernmental 
relations, and Reporting and recordkeeping requirements.

    Dated: February 7, 2014.
Janet G. McCabe,
Acting Assistant Administrator, Office of Air and Radiation.
[FR Doc. 2014-03329 Filed 2-24-14; 8:45 am]
BILLING CODE 6560-50-P
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