Federal Register / Vol. 79, No. 37 / Tuesday, February 25, 2014 / Rules and Regulations 10391 

■ 3. Section 52.777 is amended by: 

■ a. Redesignating paragraphs (bb), (dd), 

(ee), and (ff) as paragraphs (bb)(1), 

(dd)(1), (ee)(1), and (ff)(1); and 

■ b. Adding paragraphs (bb)(2), (dd)(2), 

(ee)(2), and (ff)(2). 

The additions read as follows: 

§ 52.777 Control strategy: photochemical 

oxidants (hydrocarbons). 

* * * * * 

(bb) * * * 

(2) Approval—On July 8, 2013, 

Indiana submitted a request to revise the 

approved MOBILE6.2 motor vehicle 

emission budgets (budgets) in the 1997 

8-hour ozone maintenance plan for the 

Greene County, Indiana area. The 

budgets are being revised with budgets 

developed with the MOVES2010a 

model. The 2015 budgets for Greene 

County, Indiana are 0.90 tons per day 

VOC and 2.31 tons per day NOX. 

* * * * * 

(dd) * * * 

(2) Approval—On July 2, 2013, 

Indiana submitted a request to revise the 

approved MOBILE6.2 motor vehicle 

emission budgets (budgets) in the 1997 

8-hour ozone maintenance plan for the 

Vigo County, Indiana area. The budgets 

are being revised with budgets 

developed with the MOVES2010a 

model. The 2015 budgets for Vigo 

County, Indiana are 2.17 tons per day 

VOC and 5.07 tons per day NOX. 

(ee) * * * 

(2) Approval—On July 2, 2013, 

Indiana submitted a request to revise the 

approved MOBILE6.2 motor vehicle 

emission budgets (budgets) in the 1997 

8-hour ozone maintenance plan for the 

Vanderburgh and Warrick Counties, 

Indiana area. The budgets are being 

revised with budgets developed with 

the MOVES2010a model. The 2015 

budgets for Vanderburgh and Warrick 

Counties, Indiana are 5.02 tons per day 

VOC and 12.61 tons per day NOX. 

(ff) * * * 

(2) Approval—On July 2, 2013, 

Indiana submitted a request to revise the 

approved MOBILE6.2 motor vehicle 

emission budgets (budgets) in the 1997 

8-hour ozone maintenance plan for the 

Allen County, Indiana area. The budgets 

are being revised with budgets 

developed with the MOVES2010a 

model. The 2020 budgets for Allen 

County, Indiana are 4.52 tons per day 

VOC and 9.72 tons per day NOX. 

* * * * * 

[FR Doc. 2014–03170 Filed 2–24–14; 8:45 am] 

BILLING CODE 6560–50–P 

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. 

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 


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

Ambient Air Quality Standards for Lead, Final 

Rule. 

believes that Congress did not intend 

that the EPA go through notice-andcomment 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 (mg/m3) to 

0.15 mg/m3, 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-tobe-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. 

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 


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2This discussion refers to subpart 1 because 

subparts 1 and 5 contain the requirements relating 

to attainment of the lead NAAQS. 

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. 

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, 


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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-forprofit 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 


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Federal Register / Vol. 79, No. 37 / Tuesday, February 25, 2014 / Rules and Regulations 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 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Part 482 

[CMS–3244–F2] 

RIN–0938–AQ89 

Medicare and Medicaid Program; 

Correcting Amendment 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Final rule; correcting 

amendment. 

SUMMARY: This document corrects a 

technical error that appeared in the final 

rule published in the Federal Register 

(77 FR 29034) on May 16, 2012, entitled 

‘‘Reform of Hospital and Critical Access 

Hospital Conditions of Participation.’’ 

DATES: This correcting amendment is 

effective February 25, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Ronisha Davis, (410) 786–6882. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In FR Doc. 2012–11548 (77FR 29034) 

of May 16, 2012, the final rule entitled 

‘‘Reform of Hospital and Critical Access 

Hospital Conditions of Participation,’’ 

there were technical errors that are 

identified and corrected in the 

regulations text of this correcting 

amendment. 

II. Summary of Errors in the 

Regulations Text 

On page 29075 of the May 16, 2012 

Federal Register final rule, in the 

amendatory instructions for 42 CFR 

482.42, we revised the introductory text 

of paragraph (a) to include the 

provisions of paragraph (a)(1). However, 

we inadvertently neglected to omit 

paragraph (a)(1) from the regulations 

text. In addition, we proposed to remove 

the burdensome requirement for an 

infection log at paragraph (a)(2), but 

inadvertently omitted the removal of 

paragraph (a)(2) from the regulations 

text. 

III. Waiver of Proposed Rulemaking 

and Delay in Effective Date 

We ordinarily publish a notice of 

proposed rulemaking in the Federal 

Register to provide a period for public 

comment before the provisions of a rule 

take effect in accordance with section 

553(b) of the Administrative Procedure 

Act (APA) (5 U.S.C. 553(b)). However, 

we can waive this notice and comment 

procedure if the Secretary finds, for 

good cause, that the notice and 

comment process is impracticable, 

unnecessary, or contrary to the public 

interest, and incorporates a statement of 

the finding and the reasons therefore in 

the notice. 

Section 553(d) of the APA ordinarily 

requires a 30-day delay in effective date 

of final rules after the date of their 

publication in the Federal Register. 

This 30-day delay in effective date can 

be waived, however, if an agency finds 

for good cause that the delay is 

impracticable, unnecessary, or contrary 

to the public interest, and the agency 

incorporates a statement of the findings 

and its reasons in the rule issued. The 

provision finalized in the final rule 

noted above has previously been 

subjected to notice and comment 

procedures. These corrections do not 

make substantive changes to the 

requirement that was finalized in the 

final rule. In addition, we believe it is 

important for the public to have the 

correct information as soon as possible 

and find no reason to delay the 

dissemination of it. 

For the reasons stated above, we find 

that both notice and comment and the 

30-day delay in effective date for the 

correction notice are unnecessary. 

Therefore, we find there is good cause 

to waive notice and comment 

procedures and the 30-day delay in 

effective date for this correction notice. 

List of Subjects in 42 CFR Part 482 

Grant programs, Health, Hospitals, 

Medicaid, Medicare, Reporting and 

recordkeeping requirements. 

Accordingly, 42 CFR chapter IV is 

corrected by making the following 

correcting amendments to part 482: 

PART 482—CONDITIONS OF 

PARTICIPATION FOR HOSPITALS 

■ 1. The authority citation for part 482 

continues to read as follows: 

Authority: Secs. 1102, 1871 and 1881 of 

the Social Security Act (42 U.S.C. 1302, 

1395hh, and 1395rr), unless otherwise noted. 


tkelley on DSK3SPTVN1PROD with RULES