[Federal Register Volume 79, Number 99 (Thursday, May 22, 2014)]
[Rules and Regulations]
[Pages 29354-29357]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-11785]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2014-0380; FRL-9911-25-Region 6]


Finding of Failure To Submit a Prevention of Significant 
Deterioration State Implementation Plan Revision for Particulate Matter 
Less Than 2.5 Micrometers (PM2.5); Arkansas

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is finding that the 
State of Arkansas has not made a necessary Prevention of Significant 
Deterioration (PSD) State Implementation Plan (SIP) submission to 
address the PSD permitting of PM2.5 emissions, as required 
by the Clean Air Act (CAA). Specifically, the EPA is determining that 
Arkansas has not submitted a SIP revision to address the 
PM2.5 PSD increments and implementing regulations as 
promulgated by EPA on October 20, 2010. The deadline for the State to 
make the required submittal was July 20, 2012. The CAA requires EPA to 
promulgate a Federal Implementation Plan (FIP) to address the 
outstanding PSD SIP elements by no later than 24 months after the 
effective date of this finding. EPA is making this finding in 
accordance with section 110 and part C of the CAA.

DATES: The effective date of this rule is May 22, 2014.

FOR FURTHER INFORMATION CONTACT: Ms. Adina Wiley, Air permits Section 
(6PD-R), Environmental Protection Agency, Region 6, 1445 Ross Avenue, 
Suite 1200, Dallas, TX 75202-2733. The telephone number is (214) 665-
2115. Ms. Wiley can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION: Section 553 of the Administrative Procedures 
Act (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. No additional fact 
gathering is necessary. Thus, notice and public procedure are 
unnecessary. Furthermore, providing notice and comment would be 
impracticable because of the limited time provided under the CAA for 
making such determinations. EPA believes that because of the limited 
time provided to make findings of failure to submit regarding SIP 
submissions, Congress did not intend such findings to be subject to 
notice-and-comment rulemaking. Finally, notice and comment would be 
contrary to the public interest because it would divert Agency 
resources from the critical substantive review of submitted SIPs. See 
58 FR 51270, 51272, note 17 (October 1, 1993); 59 FR 39832, 39853 
(August 4, 1994). The EPA finds that these constitute good cause under 
5 U.S.C. 553(b)(B).
    EPA has also determined that today's Finding of Failure to Submit 
for Arkansas is effective immediately upon publication because this 
final action falls under the good cause exemption in 5 U.S.C. 553(d)(3) 
of the APA. The expedited effective date for this action is authorized 
under 5 U.S.C. 553(d)(3), which allows an effective date less than 30 
days after publication ``as otherwise provided by the agency for good 
cause found and published with the rule.'' The EPA has determined that 
there is good cause for making this rule effective upon publication 
because the PSD SIP element is already overdue and the state has been 
made aware of applicable provisions of the CAA relating to overdue SIP 
revisions. The State of Arkansas failed to submit a required PSD SIP 
revision by the mandated deadline of July 20, 2012. We have previously 
alerted Arkansas through meetings that it has failed to make the 
submittal by the deadline. Also on May 9, 2014, we sent a letter to 
Arkansas, explaining that we were planning to take the action we are 
finalizing today. Consequently, the State has been on notice that 
today's action was pending. The State and general public are aware of 
applicable provisions of the CAA that relate to failure to submit a 
required implementation plan. In addition, this action only starts a 
24-month ``clock'' wherein the EPA must promulgate a Federal 
Implementation Plan. Furthermore, the purpose of the 30-day waiting 
period prescribed in 5 U.S.C. 553(d) is to give affected parties a 
reasonable time to prepare before the final rule takes effect. Whereas 
here, the affected parties, such as the State of Arkansas and sources 
within the State, do not need time to adjust and prepare before the 
Finding of Failure to Submit takes effect. After numerous discussions 
with the Arkansas Department of Environmental Quality to resolve 
outstanding issues, the EPA has determined that moving as expeditiously 
as practicable on this finding is in the best interest of the 
implementation of the required PSD permitting program. The EPA finds 
that the above reasons support an effective date prior to thirty days 
after the date of publication and constitute good cause under 5 U.S.C. 
553(d)(3).
    Throughout this document wherever ``we,'' ``us,'' or ``our'' is 
used, we mean the EPA.

Table of Contents

I. Background and Overview
    A. Overview of the PM NAAQS Requirements
    B. Revisions to the PSD Program To Implement the PM NAAQS
    1. Required Components of the 2008 NSR PM2.5 
Implementation Rule
    2. Required Components of the 2010 PM2.5 PSD 
Increment--SILs--SMC Rule
    3. Optional Components of the 2010 PM2.5 PSD 
Increment--SILs--SMC Rule
II. Finding of Failure To Submit
III. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review 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 Populations and Low-Income 
Populations
    K. Congressional Review Act
    L. Judicial Review

I. Background and Overview

A. Overview of the PM NAAQS Requirements

    The EPA initially established National Ambient Air Quality 
Standards (NAAQS) for particulate matter (PM) under section 109 of the 
CAA in 1971. Since then, the EPA has made a number of changes to these 
standards to reflect

[[Page 29355]]

continually expanding scientific information. The revisions to the PM 
NAAQS are briefly summarized below.
     In 1971, the EPA established NAAQS for PM, measured as 
Total Suspended Particles (TSP) (36 FR 8186). The primary standards 
were 260 [mu]g/m\3\ 24-hour average, not to be exceeded more than once 
per year, and 75 [mu]g/m\3\, annual geometric mean. The secondary 
standard was 150 [mu]g/m\3\, 24-hour, not to be exceeded more than once 
per year.
     In July 1987, the EPA changed the indicator for PM from 
TSP to PM10, the latter including particles with an 
aerodynamic diameter less than or equal to a nominal 10 [mu]m. (52 FR 
24634). The EPA also revised the primary standards by (1) replacing the 
24-hour TSP standard with a 24-hour PM10 standard of 150 
[mu]g/m\3\ with no more than one expected exceedance per year, and (2) 
replacing the annual TSP standard with a PM10 standard of 50 
[mu]g/m\3\, annual arithmetic mean. The secondary standard was revised 
by replacing it with 24-hour and annual PM10 standards 
identical in all respects to the primary standards.
     In July 1997, the EPA determined that although the PM 
NAAQS should continue to focus on PM10, the fine and coarse 
fractions of PM10 should be considered separately (62 FR 
38652). New standards were added, using PM2.5 as the 
indicator for fine particles. The PM10 standards were 
retained for the purpose of regulating the coarse fraction of 
PM10. The EPA established two new PM2.5 
standards: an annual standard of 15 [mu]g/m\3\, based on the 3-year 
average of annual arithmetic mean PM2.5 concentrations from 
single or multiple monitors sited to represented community-wide air 
quality and a 24-hour standard of 65 [mu]g/m\3\, based on the 3-year 
average of the 98th percentile of 24-hour PM2.5 
concentrations at each population-oriented monitor within the area.
     On October 17, 2006, the EPA promulgated revisions to the 
NAAQS for PM2.5 and PM10 with an effective date 
of December 18, 2006 (71 FR 61144). We lowered the 24-hour NAAQS for 
PM2.5 from 65 [mu]g/m\3\ to 35 [mu]g/m\3\, and retained the 
existing annual PM2.5 NAAQS of 15 [mu]g/m\3\. In addition, 
we retained the existing PM10 24-hour NAAQS of 150 mg/m\3\, 
and revoked the annual PM10 NAAQS (set at 50 mg/m\3\).
     On January 15, 2013, the EPA promulgated revisions to the 
NAAQS for PM2.5 and PM10 with an effective date 
of March 18, 2013 (78 FR 3086). We lowered the annual standard for 
PM2.5 to 12 [mu]g/m\3\ and retained the 24-hour 
PM2.5 standard at the level of 35 [mu]g/m\3\. For 
PM10, the EPA retained the current 24-hour PM10 
primary and secondary standards.

B. Revisions to the PSD Program To Implement the PM NAAQS

    To implement the PM NAAQS for PSD purposes, EPA issued two separate 
final rules that establish the New Source Review (NSR) permitting 
requirements for PM2.5: the NSR PM2.5 
Implementation Rule promulgated on May 16, 2008 (73 FR 28321), and the 
PM2.5 PSD Increments--Significant Impact Levels (SILs)--
Significant Monitoring Concentration (SMC) Rule promulgated on October 
20, 2010 (75 FR 64864).
1. Required Components of the 2008 NSR PM2.5 Implementation 
Rule
    EPA's final NSR PM2.5 Implementation Rule required 
states to submit applicable SIP revisions to EPA no later than May 16, 
2011, to address this rule's PSD and nonattainment NSR SIP 
requirements. With respect to PSD permitting, the SIP revision 
submittals are required to: (1) Address directly emitted 
PM2.5 and precursor pollutants (including sulfur dioxide 
(SO2) and nitrogen oxides (NOX)) that contribute 
to the secondary formation of PM2.5; (2) establish 
significant emission rates for direct PM2.5 and precursor 
pollutants; and (3) account for gases that condense to form particles 
(condensables) in PM2.5 and PM10 applicability 
determinations and emission limits in PSD permits.
2. Required Components of the 2010 PM2.5 PSD Increment--
SILs--SMC Rule
    The PM2.5 PSD Increment--SILs--SMC Rule required states 
to submit SIP revisions to EPA by July 20, 2012, adopting provisions 
equivalent to or at least as stringent as the PM2.5 PSD 
increments and associated implementing regulations. Specifically, the 
SIP rule requires a state's submitted PSD SIP revision to adopt and 
submit for EPA approval the PM2.5 increments issued pursuant 
to section 166(a) of the CAA to prevent significant deterioration of 
air quality in areas meeting the NAAQS. States were also required to 
adopt and submit for EPA approval revisions to the definitions for 
``major source baseline date,'' ``minor source baseline date,'' and 
``baseline area'' as part of the implementing regulations for the 
PM2.5 increment.
3. Optional Components of the 2010 PM2.5 PSD Increment--
SILs--SMC Rule
    The PM2.5 PSD Increment--SILs--SMC Rule also allowed 
States to discretionarily adopt and submit for EPA approval: (1) SILs, 
which are used as a screening tool to evaluate the impact a proposed 
new major source or major modification may have on the NAAQS or PSD 
increment; and (2) a SMC (also a screening tool) which is used to 
determine the subsequent level of data gathering required for a PSD 
permit application for emissions of PM2.5. However, on 
January 22, 2013, the U.S. Court of Appeals for the District of 
Columbia granted a request from the EPA to vacate and remand portions 
of the federal PSD regulations (40 CFR 51.166(k)(2) and 52.21(k)(2)) 
establishing the SILs for PM2.5 so that the EPA could 
reconcile the inconsistency between the regulatory text and certain 
statements in the preamble to the 2010 final rule. Sierra Club v. EPA, 
705 F.3d 458, 463-64. The court declined to vacate the portion of the 
federal PSD regulations (40 CFR 51.165(b)(2)) establishing SILs for 
PM2.5 that did not contain the same inconsistency in the 
regulatory text. Id. at 465-66. The court further vacated the portions 
of the PSD regulations (40 CFR 51.166(i)(5)(i)(c) and 
52.21(i)(5)(i)(c)) establishing a PM2.5 SMC, finding that 
the EPA lacked legal authority to adopt and use the PM2.5 
SMC to exempt permit applicants from the statutory requirement to 
compile and submit ambient monitoring data. Id. at 468-69. On December 
9, 2013, EPA issued a good cause final rule formally removing the 
affected SILs and SMC provisions from the CFR. See 78 FR 73698. As 
such, SIP submittals should no longer include the vacated 
PM2.5 SILs at 40 CFR 51.166(k)(2) and 52.21(k)(2) and 
vacated PM2.5 SMC provisions at 40 CFR 51.166(i)(5)(i)(c) 
and 52.21(i)(5)(i)(c) for PM2.5 PSD permitting. EPA notes 
that today's finding of failure to submit for the State of Arkansas 
does not include the optional SILs and SMC component of the 
PM2.5 PSD Increment--SILs--SMC Rule.

II. Finding of Failure To Submit

    The EPA is making a finding that the State of Arkansas has failed 
to submit a required PSD SIP revision to address the implementation and 
permitting of PM2.5 emissions in the Arkansas PSD program. 
Specifically, we are finding that Arkansas failed to submit a SIP 
revision, addressing the required PM2.5 PSD elements 
establishing increments and the implementing regulations by the 
specified deadline of July 20, 2012, as required by the 2010 
PM2.5 PSD Increments--SILs--SMC Rule. By no later than 24 
months after the effective date of this ruling, the EPA is required by 
the Act to promulgate a FIP for Arkansas to address the 
PM2.5 PSD requirements for increment. In addition, CAA 
section 110(c) provides that EPA

[[Page 29356]]

can promulgate a FIP immediately after making the finding of failure to 
submit a required SIP, as late as two years after making the finding, 
or any time in between. This finding of failure to submit does not 
impose sanctions or set deadlines for imposing sanctions as described 
in section 179 of the CAA, because this finding does 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 this action is not a SIP call 
pursuant to section 110(k)(5). This action will be effective on May 22, 
2014.
    This action also does not make a finding of failure to submit for 
Arkansas regarding the required PM2.5 PSD SIP revision due 
on May 19, 2011, pursuant to the 2008 NSR PM2.5 
Implementation Rule. EPA previously promulgated a partial approval and 
partial disapproval of the Arkansas infrastructure SIP for the 1997 
ozone NAAQS and the 1997 and 2006 PM2.5 NAAQS on August 20, 
2012. See 77 FR 50033. The partial disapproval was specific to the 
Arkansas PSD program for failing to include the required PSD elements 
from the May 16, 2008 NSR PM2.5 Implementation Rule. EPA's 
disapproval as to these required SIP revisions started a separate FIP 
clock because the Arkansas PSD program lacked the PM2.5 PSD 
revisions as required by the 2008 rule. This separate FIP clock will 
expire on September 19, 2014.
    EPA recognizes that the PM2.5 PSD elements from 2008 and 
2010 are necessary for proper functioning of the PSD program for 
issuing permits for PM2.5. As described above, we also 
acknowledge that we now have two separate FIP clocks running for 
PM2.5 PSD elements with respect to Arkansas. The first 
clock, expiring on September 19, 2014, is for the PSD revisions 
required by the 2008 NSR PM2.5 Implementation Rule. The 
second clock, ending 24-months from the effective date of today's 
finding, addresses the PSD revisions required by the 2010 
PM2.5 PSD Increments--SILs--SMC Rule. Pursuant to the CAA, 
EPA will promulgate a FIP to address the entirety of the 
PM2.5 PSD permitting requirements in order to satisfy both 
FIP clocks and section 110(c) of the CAA.

III. Statutory and Executive Order 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 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 PSD SIPs 
under section 166(b) to satisfy certain prevention of significant 
deterioration requirements under the CAA for the PM2.5 
NAAQS. 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 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 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 PSD SIPs under section 
166(b) to satisfy certain prevention of significant deterioration 
requirements of the CAA for the PM2.5 NAAQS. Because EPA has 
made a ``good cause'' finding that this action is not subject to 
notice-and-comment requirements under the APA and any other statute, it 
is not subject to the regulatory flexibility provisions of the RFA.

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 PSD SIPs under section 
166(b) to satisfy certain prevention of significant deterioration 
requirements under the CAA for the PM2.5 NAAQS. This rule 
merely finds that Arkansas has not met that requirement. Accordingly, 
no additional costs to State, local, or tribal governments, or to the 
private sector result from this action.
    Additionally, because EPA has made a ``good cause'' that this 
action is not subject to notice-and-comment requirements under the APA 
or any other statute, it is not subject to sections 202 and 205 of the 
UMRA.

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

[[Page 29357]]

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 PSD SIPs under section 
166(b) to satisfy certain prevention of significant deterioration 
requirements under the CAA for PM2.5 NAAQS. No tribe is 
subject to the requirement to submit an implementation plan under 
section 166(b) within 21 months of promulgation of PSD regulations 
under section 166(a).

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

    The EPA interprets EO 13045 (62 FR 19885, April23, 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 merely finds that Arkansas has failed to 
make a submission that is required under the Act to implement the 
PM2.5 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 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 the State of Arkansas 
failed to submit a SIP revision that provides certain basic permitting 
requirements for the PM2.5 NAAQS.

K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. Section 808 allows the issuing agency to make any rule 
effective ``at such time as the Federal agency promulgating the rule 
determines'' 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, EPA has made such a 
good cause finding, including the reasons therefor, and established an 
effective date of May 22, 2014. EPA submitted 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). This rule will 
be effective May 22, 2014.

L. Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by July 21, 2014. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposed of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. This action may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Administrative practices and procedures, 
Air pollution control, Incorporation by reference, Intergovernmental 
Relations, Nitrogen dioxide, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur oxides.

    Authority:  42 U.S.C. 7401 et seq.

    Dated: May 9, 2014.
Samuel Coleman,
Acting Regional Administrator, Region 6.
[FR Doc. 2014-11785 Filed 5-21-14; 8:45 am]
BILLING CODE 6560-50-P