67036 Federal Register / Vol. 78, No. 217 / Friday, November 8, 2013 / Rules and Regulations 

1The text of section 126 codified in the United 

States Code cross references section 110(a)(2)(D)(ii) 

instead of section 110(a)(2)(D)(i). The courts have 

confirmed that this is a scrivener’s error and the 

correct cross reference is to section 110(a)(2)(D)(i). 

See Appalachian Power Co. v. EPA, 249 F.3d 1032, 

1040–44 (D.C. Cir. 2001). 

Dated: October 15, 2013. 

J.C. O’Connor, III, 

Captain, U.S. Coast Guard, Captain of the 

Port Boston. 

[FR Doc. 2013–26826 Filed 11–7–13; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–HQ–OAR–2013–0671; FRL–9902–55– 

OAR] 

Extension of Deadline for Action on 

the Section 126 Petition From Eliot, 

Maine 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: In this action, the EPA is 

determining that 60 days is insufficient 

time to complete the technical and other 

analyses and public notice-andcomment process required for our 

review of a petition submitted by the 

Town of Eliot, Maine pursuant to 

section 126 of the Clean Air Act (CAA). 

The petition requests that the EPA make 

a finding that Schiller Station in 

Portsmouth, New Hampshire is emitting 

or would emit air pollutants that 

contribute significantly to 

nonattainment and interfere with 

maintenance of the 1-hour sulfur 

dioxide (SO2) national ambient air 

quality standards (NAAQS). Under the 

section 307(d)(10) of CAA, the EPA is 

authorized to grant a time extension for 

responding to the petition if the EPA 

determines that the extension is 

necessary to afford the public, and the 

agency, adequate opportunity to carry 

out the purposes of section 307(d)’s 

notice-and-comment rulemaking 

requirements. By this action, the EPA is 

making that determination. The EPA is 

therefore extending the deadline for 

acting on the petition to no later than 

May 8, 2014. 

DATES: This final rule is effective on 

November 8, 2013. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OAR–2013–0671. All 

documents in the docket are listed on 

the www.regulations.gov Web site. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy at 

the EPA Docket Center (Air Docket), 

EPA/DC, EPA West, Room 3334, 1301 

Constitution Ave. 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. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Gobeail McKinley, Office of Air Quality 

Planning and Standards (C504–04), U.S. 

EPA, Research Triangle Park, North 

Carolina 27709, telephone number (919) 

541–5246, facsimile number (919) 685– 

3700, email: mckinley.gobeail@epa.gov. 

SUPPLEMENTARY INFORMATION:

I. Background and Legal Requirements 

for Interstate Air Pollution 

This is a procedural action to extend 

the deadline for the EPA to respond to 

a petition from the Town of Eliot, Maine 

filed under CAA section 126(b). The 

EPA received the petition on September 

3, 2013. The petition requests that the 

EPA make a finding under section 

126(b) of the CAA that two 50 MW coalfired electricity generating units at 

Schiller Station in Portsmouth, New 

Hampshire are emitting air pollutants in 

violation of the provisions of section 

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

respect to the 1-hour SO2 NAAQS. 

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

prohibits emissions of any air pollutant 

in amounts which will contribute 

significantly to nonattainment in, or 

interfere with maintenance by, any 

other state with respect to any NAAQS. 

The petition asserts that emissions from 

Schiller Station impact Eliot’s ability to 

attain and maintain the 1-hour SO2

NAAQS and that this impact would be 

mitigated by regulation of SO2

emissions from the plant. Section 126(b) 

of the CAA authorizes states or political 

subdivisions to petition the EPA to find 

that a major source or group of 

stationary sources in upwind states 

emits or would emit any air pollutant in 

violation of the prohibition of section 

110(a)(2)(D)(i) 1 by contributing 

significantly to nonattainment or 

maintenance problems in downwind 

states. 

Under section 126(b), the EPA must 

make the finding requested in the 

petition, or must deny the petition 

within 60 days of its receipt. Under 

section 126(c), any existing sources for 

which the EPA makes the requested 

finding must cease operations within 3 

months of the finding, except that the 

source may continue to operate if it 

complies with emission limitations and 

compliance schedules (containing 

increments of progress) that the EPA 

may provide to bring about compliance 

with the applicable requirements as 

expeditiously as practical but no later 

than 3 years from the date of the 

finding. 

Section 126(b) further provides that 

the EPA must hold a public hearing on 

the petition. The EPA’s action under 

section 126 is also subject to the 

procedural requirements of CAA section 

307(d). See section 307(d)(1)(N). One of 

these requirements is notice-andcomment rulemaking, under section 

307(d)(3)–(6). 

In addition, section 307(d)(10) 

provides for a time extension, under 

certain circumstances, for rulemaking 

subject to section 307(d). Specifically, 

section 307(d)(10) provides: 

Each statutory deadline for promulgation 

of rules to which this subsection applies 

which requires promulgation less than six 

months after date of proposal may be 

extended to not more than six months after 

date of proposal by the Administrator upon 

a determination that such extension is 

necessary to afford the public, and the 

agency, adequate opportunity to carry out the 

purposes of the subsection. 

Section 307(d)(10) may be applied to 

section 126 rulemakings because the 

60-day time limit under section 126(b) 

necessarily limits the period for 

promulgation of a final rule after 

proposal to less than 6 months. 

II. Final Rule 

A. Rule 

In accordance with section 307(d)(10), 

the EPA is determining that the 60-day 

period afforded by section 126(b) for 

responding to the petition from the 

Town of Eliot is not adequate to allow 

the public and the agency the 

opportunity to carry out the purposes of 

section 307(d). Specifically, the 60-day 

period is insufficient for the EPA to 

complete the necessary technical 

review, develop an adequate proposal 

and allow time for notice and comment, 

including an opportunity for public 

hearing, on a proposed finding 

regarding whether Schiller Station 

identified in the section 126 petition 

contributes significantly to 

nonattainment or maintenance problems 

in Eliot, Maine. Moreover, the 60-day 

period is insufficient for the EPA to 

review and develop response to any 

public comments on a proposed finding, 

or testimony supplied at a public 

hearing and to develop and promulgate 

a final finding in response to the 

petition. The EPA has not yet 

established a proposal date for this 

action. The schedule must afford the 

EPA adequate time to prepare a 

proposal that clearly elucidates the 


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Federal Register / Vol. 78, No. 217 / Friday, November 8, 2013 / Rules and Regulations 67037 

issues to facilitate public comment and 

must provide adequate time for the 

public to comment and for the EPA to 

review and develop responses to those 

comments prior to issuing the final rule. 

As a result of this extension, the 

deadline for the EPA to act on the 

petition is May 8, 2014. 

B. Notice and Comment Under the 

Administrative Procedures Act (APA) 

This document is a final agency 

action, but may not be subject to the 

notice-and-comment requirements of 

the APA, 5 U.S.C. 553(b). The EPA 

believes that, because of the limited 

time provided to make a determination 

that the deadline for action on the 

section 126 petition should be extended, 

Congress may not have intended such a 

determination to be subject to noticeand-comment rulemaking. However, to 

the extent that this determination 

otherwise would require notice and 

opportunity for public comment, there 

is good cause within the meaning of 5 

U.S.C. 553(b)(3)(B) not to apply those 

requirements here. Providing for notice 

and comment would be impracticable 

because of the limited time provided for 

making this determination and would 

be contrary to the public interest 

because it would divert agency 

resources from the substantive review of 

the section 126 petition. 

C. Effective Date Under the APA 

This action is effective on November 

8, 2013. Under the APA, 5 U.S.C. 

553(d)(3), agency rulemaking may take 

effect before 30 days after the date of 

publication in the Federal Register if 

the agency has good cause to mandate 

an earlier effective date. This action—a 

deadline extension—must take effect 

immediately because its purpose is to 

extend by 6 months the deadline for 

action on the petition. It is important for 

this deadline extension action to be 

effective before the original 60-day 

period for action elapses. As discussed 

above, the EPA intends to use the 

6-month extension period to develop a 

proposal on the petition and provide 

time for public comment before issuing 

the final rule. It would not be possible 

for the EPA to complete the required 

notice and comment and public hearing 

process within the original 60-day 

period noted in the statute. These 

reasons support an immediate effective 

date. 

III. Statutory and Executive Order 

Reviews 

A. Executive Orders 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory 

This action is not a significant 

regulatory action under the terms of 

Executive Order 12866 (58 FR 51735, 

October 4, 1993) and is therefore not 

subject to review under Executive 

Orders 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. Burden is 

defined at 5 CFR 1320.3(b). This good 

cause final action simply extends the 

date for the EPA to take action on a 

petition and does not impose any new 

obligations or enforceable duties on any 

state, local or tribal governments or the 

private sector. It does not contain any 

recordkeeping or reporting 

requirements. 

C. Regulatory Flexibility Act 

This good cause final action is not 

subject to the Regulatory Flexibility Act 

(RFA), which generally requires an 

agency to prepare a regulatory flexibility 

analysis for any rule that will have a 

significant economic impact on a 

substantial number of small entities. 

The RFA applies only to rules subject to 

notice-and-comment rulemaking 

requirements under the APA or any 

other statute. This rule is not subject to 

notice-and-comment requirements 

under the APA or any other statute 

because although the rule is subject to 

the APA, the agency has invoked the 

‘‘good cause’’ exemption under 5 USC 

553(b); therefore it is not subject to the 

notice and comment requirement. 

D. Unfunded Mandates Reform Act 

This action contains no federal 

mandates under the provisions of Title 

II of the Unfunded Mandates Reform 

Act of 1995 (UMRA), 2 U.S.C. 1531– 

1538 for state, local or tribal 

governments or 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 

sections 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 

good cause final action simply extends 

the date for the EPA to take action on 

a petition. 

E. Executive Order 13132: Federalism 

This 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. This good cause 

final action simply extends the date for 

the EPA to take action on a petition. 

Thus, Executive Order 13132 does not 

apply to this action. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications, as specified in Executive 

Order 13175 (65 FR 67249, November 9, 

2000). It will not have substantial direct 

effects on tribal governments, on the 

relationship between the federal 

government and Indian tribes, or on the 

distribution of power and 

responsibilities between the federal 

government and Indian tribes, as 

specified in Executive Order 13175. 

This good cause final action simply 

extends the date for the EPA to take 

action on a petition. Thus, Executive 

Order 13175 does not apply to this 

action. 

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 does not establish 

an environmental standard intended to 

mitigate health or safety risks 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution or Use 

This action is not subject to Executive 

Order 13211 (66 FR 28355 (May 22, 

2001)), because it is not a significant 

regulatory action under Executive Order 

12866. 

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 in its regulatory 


wreier-aviles on DSK5TPTVN1PROD with RULES
67038 Federal Register / Vol. 78, No. 217 / Friday, November 8, 2013 / Rules and Regulations 

activities unless to do so would be 

inconsistent with applicable law or 

otherwise impractical. Voluntary 

consensus standards are technical 

standards (e.g., materials specifications, 

test methods, sampling procedures and 

business practices) that are developed or 

adopted by voluntary consensus 

standards bodies. The NTTAA directs 

the EPA to provide Congress, through 

the Office of Management and Budget, 

with explanations when the agency 

decides not to use available and 

applicable voluntary consensus 

standards. This action does not involve 

technical standards. Therefore, the EPA 

did not consider the use of any 

voluntary consensus standards. 

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. 

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 affect the level of 

protection provided to human health or 

the environment. This good cause final 

action simply extends the date for the 

EPA to take action on a petition. 

K. Congressional Review Act 

The Congressional Review Act (CRA), 

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. Section 808 allows 

the issuing agency to make a rule 

effective sooner than otherwise 

provided by the CRA if the agency 

makes a good cause finding that notice 

and public procedure is impracticable, 

unnecessary or contrary to the public 

interest. This determination must be 

supported by a brief statement. 5 U.S.C. 

808(2). As stated previously, the EPA 

has made such a good cause finding, 

including the reasons therefore, and 

established an effective date of 

November 8, 2013.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. This action is not 

a ‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

IV. Statutory Authority 

The statutory authority for this action 

is provided by sections 110, 126 and 

307 of the Act as amended (42 U.S.C. 

7410, 7426 and 7607). 

V. Judicial Review 

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

judicial review of this final rule is 

available only by the filing of a petition 

for review in the U.S. Court of Appeals 

for the for the appropriate circuit by 

January 7, 2014. Under section 307(b)(2) 

of the CAA, the requirements that are 

the subject of this final rule may not be 

challenged later in civil or criminal 

proceedings brought by us to enforce 

these requirements. 

List of Subjects in 40 CFR Part 52 

Environmental protection, 

Administrative practices and 

procedures, Air pollution control, 

Electric utilities, Incorporation by 

reference, Intergovernmental relations, 

Sulfur dioxide. 

Dated: October 30, 2013. 

Gina McCarthy, 

Administrator. 

[FR Doc. 2013–26642 Filed 11–7–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2013–0003; FRL–9402–7] 

FD&C Green No. 3; Exemption From 

the Requirement of a Tolerance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes an 

exemption from the requirement of a 

tolerance for residues of FD&C Green 

No. 3 (CAS Reg. No. 2353–45–9) when 

used as an inert ingredient (dye) in 

antimicrobial formulations, for use on 

food contact surfaces in public eating 

places, dairy processing equipment, and 

food processing equipment and utensils. 

The firm Exponent, on behalf of Ecolab 

submitted a petition to EPA under the 

Federal Food, Drug, and Cosmetic Act 

(FFDCA), requesting establishment of an 

exemption from the requirement of a 

tolerance. This regulation eliminates the 

need to establish a maximum 

permissible level for residues of FD&C 

Green No. 3. FD&C Green No. 3 is also 

known as Fast Green FCF. 

DATES: This regulation is effective 

November 8, 2013. Objections and 

requests for hearings must be received 

on or before January 7, 2014, and must 

be filed in accordance with the 

instructions provided in 40 CFR Part 

178 (see also Unit I.C. of the 

SUPPLEMENTARY INFORMATION). 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2013–0003, is 

available at http://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), EPA West 

Bldg., Rm. 3334, 1301 Constitution Ave. 

NW., Washington, DC 20460–0001. 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 OPP 

Docket is (703) 305–5805. Please review 

the visitor instructions and additional 

information about the docket available 

at http://www.epa.gov/. 

FOR FURTHER INFORMATION CONTACT: Lois 

Rossi, Registration Division (7505P), 

Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001; telephone number: 

(703) 305–7090; email address: 

RDFRNotices@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. The following 

list of North American Industrial 

Classification System (NAICS) codes is 

not intended to be exhaustive, but rather 

provides a guide to help readers 

determine whether this document 

applies to them. Potentially affected 

entities may include: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 


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