Mandatory Greenhouse Gas Reporting, 63539 [2014-25390]
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Federal Register / Vol. 79, No. 206 / Friday, October 24, 2014 / Rules and Regulations
distribution, or use of energy. At the
time of proposal of the implementation
rule for the prior 1997 PM2.5 standard,
information on the methodology and
data regarding the assessment of
potential energy impacts regarding
implementation of the 2006 PM2.5
standard was not addressed because the
2006 PM2.5 NAAQS is not a significant
energy action. This is based on the fact
that no impacts are specifically ascribed
to the standard only. Potential energy
impacts are ascribed during the
implementation phase by the states. An
energy impact analysis, as part of a
regulatory impact analysis or other
assessment for the PM2.5 NAAQS rule,
was prepared by the Office of Air
Quality Planning and Standards,
Research Triangle Park, NC, April 24,
2003. (71 FR 60853, October 17, 2006)
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I. National Technology Transfer and
Advancement Act
Section 12(d) of the National
Technology Transfer Advancement Act
of 1995 (NTTAA), Public Law 104–113,
section 12(d) (15 U.S.C. 272 note)
directs 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 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, 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
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.
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
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provided to human health or the
environment. This notice is making a
finding concerning whether California
has submitted or failed to submit a
complete SIP for the interstate transport
requirements specified in CAA section
110(a)(2)(D)(i)(I) necessary to implement
the 2006 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. 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 November 24, 2014.
L. Judicial Review
Section 307(b)(1) of the CAA indicates
which Federal Courts of Appeal have
venue for petitions of review of final
actions by EPA. 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 EPA 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.’’
The Administrator is determining that
this action making a finding of failure to
submit SIPs related to the section
110(a)(2)(D)(i)(I) requirements for the
2006 24-hour PM2.5 NAAQS is of
nationwide scope and effect for the
purposes of section 307(b)(1). This is
particularly appropriate because in the
report on the 1977 Amendments that
revised section 307(b)(1) of the CAA,
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
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63539
and effect of this rulemaking extends to
numerous judicial circuits since the
finding of failure to submit a SIP applies
to a rulemaking of national scope and
effect. In these circumstances, section
307(b)(1) and its legislative history call
for the Administrator to find the rule to
be of ‘‘nationwide scope or effect’’ and
for venue to be in the District of
Columbia Circuit.
Thus, any petitions for review of this
action related to a finding of failure to
submit SIPs related to the requirements
of section 110(a)(2)(D)(i)(I) of the CAA
must be filed in the Court of Appeals for
the District of Columbia Circuit within
60 days from the date 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, Particulate
matter, and Reporting and
recordkeeping requirements.
Dated: September 29, 2014.
Jared Blumenfeld,
Regional Administrator, U.S. EPA, Region IX.
[FR Doc. 2014–25279 Filed 10–23–14; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 98
Mandatory Greenhouse Gas Reporting
CFR Correction
In Title 40 of the Code of Federal
Regulations, Parts 96 to 99, revised as of
July 1, 2013, on page 765, in § 98.226,
paragraph (c) is reinstated to read as
follows:
§ 98.226
Data reporting requirements.
*
*
*
*
*
(c) Annual nitric acid production
from each nitric acid train (tons, 100
percent acid basis).
*
*
*
*
*
[FR Doc. 2014–25390 Filed 10–23–14; 8:45 am]
BILLING CODE 1505–01–D
E:\FR\FM\24OCR1.SGM
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Agencies
[Federal Register Volume 79, Number 206 (Friday, October 24, 2014)]
[Rules and Regulations]
[Page 63539]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-25390]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 98
Mandatory Greenhouse Gas Reporting
CFR Correction
In Title 40 of the Code of Federal Regulations, Parts 96 to 99,
revised as of July 1, 2013, on page 765, in Sec. 98.226, paragraph (c)
is reinstated to read as follows:
Sec. 98.226 Data reporting requirements.
* * * * *
(c) Annual nitric acid production from each nitric acid train
(tons, 100 percent acid basis).
* * * * *
[FR Doc. 2014-25390 Filed 10-23-14; 8:45 am]
BILLING CODE 1505-01-D