Federal Register / Vol. 78, No. 38 / Tuesday, February 26, 2013 / Rules and Regulations 12961 

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Dated: February 21, 2013. 

Brenda Dann-Messier, 

Assistant Secretary for Vocational and Adult 

Education. 

[FR Doc. 2013–04424 Filed 2–25–13; 8:45 am] 

BILLING CODE 4000–01–P 

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. 

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: 

Regional offices States 

EPA Region I: Dave Conroy, Air Program Branch Manager, Air Programs Branch, EPA New England, 1 Congress Street, Suite 1100, Boston, MA 02203–2211.Massachusetts and Vermont. 

EPA Region II: Richard Ruvo, Acting Chief, Air Programs Branch, EPA Region II, 290 Broadway, 21st Floor, 

New York, NY 10007–1866.

New Jersey. 

EPA Region III: Cristina Fernandez, Air Program Manager, Air Quality Planning Branch, EPA Region III, 

1650 Arch Street, Philadelphia, PA 19103–2187.

Maryland and Pennsylvania. 

EPA Region V: John Mooney, Air Program Branch Manager, Air Programs Branch, EPA Region V, 77 West 

Jackson Street, Chicago, IL 60604.

Illinois. 

EPA Region VI: Guy Donaldson, Chief, Air Planning Section, EPA Region VI, 1445 Ross Avenue, Dallas, TX 

75202–2733.

Oklahoma. 

EPA Region VIII: Monica Morales, Air Program Manger, Air Quality Planning Unit, EPA Region VIII Air Program, 1595 Wynkoop St. (8P–AR), Denver, CO 80202–1129.Colorado and South Dakota. 

EPA Region IX: Doris Lo, Acting Air Program Manager, Air Planning Office, EPA Region IX, 75 Hawthorne 

Street, San Francisco, CA 94105.

Hawaii. 

EPA Region X: Debra Suzuki, 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.

Oregon and Washington. 

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 


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12962 Federal Register / Vol. 78, No. 38 / Tuesday, February 26, 2013 / Rules and Regulations 

1See 73 FR 66964, November 12, 2008, National 

Ambient Air Quality Standards for Lead, Final 

Rule. 

2Nonattainment 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. 

3Center for Biological Diversity, et al., v. EPA, 

(N.D. Cal. No. 12–cv–04968). 

4The 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). 

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 (mg/m3) to 

0.15 mg/m3, and revised other aspects of 

the standard. The EPA also revised the 

secondary NAAQS to make it identical 

to the revised primary standard. 

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. 

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. 

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. 

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 


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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 PSDrelated 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 authorityrelated 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 authorityrelated 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. 


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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 authorityrelated 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 


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Federal Register / Vol. 78, No. 38 / Tuesday, February 26, 2013 / Rules and Regulations 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] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 64 

[Docket ID FEMA–2012–0003; Internal 

Agency Docket No. FEMA–8271] 

Suspension of Community Eligibility 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

SUMMARY: This rule identifies 

communities where the sale of flood 

insurance has been authorized under 

the National Flood Insurance Program 

(NFIP) that are scheduled for 

suspension on the effective dates listed 

within this rule because of 

noncompliance with the floodplain 

management requirements of the 

program. If the Federal Emergency 

Management Agency (FEMA) receives 

documentation that the community has 

adopted the required floodplain 

management measures prior to the 

effective suspension date given in this 

rule, the suspension will not occur and 

a notice of this will be provided by 

publication in the Federal Register on a 

subsequent date. Also, information 

identifying the current participation 

status of a community can be obtained 

from FEMA’s Community Status Book 

(CSB). The CSB is available at http:// 

www.fema.gov/fema/csb.shtm. 

DATES: Effective Dates: The effective 

date of each community’s scheduled 

suspension is the third date (‘‘Susp.’’) 

listed in the third column of the 

following tables. 

FOR FURTHER INFORMATION CONTACT: If 

you want to determine whether a 

particular community was suspended 

on the suspension date or for further 

information, contact David Stearrett, 

Federal Insurance and Mitigation 

Administration, Federal Emergency 

Management Agency, 500 C Street SW., 

Washington, DC 20472, (202) 646–2953. 

SUPPLEMENTARY INFORMATION: The NFIP 

enables property owners to purchase 

Federal flood insurance that is not 

otherwise generally available from 

private insurers. In return, communities 

agree to adopt and administer local 

floodplain management measures aimed 

at protecting lives and new construction 

from future flooding. Section 1315 of 

the National Flood Insurance Act of 

1968, as amended, 42 U.S.C. 4022, 

prohibits the sale of NFIP flood 

insurance unless an appropriate public 

body adopts adequate floodplain 

management measures with effective 

enforcement measures. The 

communities listed in this document no 

longer meet that statutory requirement 

for compliance with program 

regulations, 44 CFR Part 59. 

Accordingly, the communities will be 

suspended on the effective date in the 

third column. As of that date, flood 

insurance will no longer be available in 

the community. We recognize that some 

of these communities may adopt and 

submit the required documentation of 

legally enforceable floodplain 

management measures after this rule is 

published but prior to the actual 

suspension date. These communities 

will not be suspended and will continue 

to be eligible for the sale of NFIP flood 

insurance. A notice withdrawing the 

suspension of such communities will be 

published in the Federal Register. 

In addition, FEMA publishes a Flood 

Insurance Rate Map (FIRM) that 

identifies the Special Flood Hazard 

Areas (SFHAs) in these communities. 

The date of the FIRM, if one has been 

published, is indicated in the fourth 

column of the table. No direct Federal 

financial assistance (except assistance 

pursuant to the Robert T. Stafford 

Disaster Relief and Emergency 

Assistance Act not in connection with a 

flood) may be provided for construction 

or acquisition of buildings in identified 

SFHAs for communities not 

participating in the NFIP and identified 

for more than a year on FEMA’s initial 


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