Extension of Deadline for Action on the November 2016 Section 126 Petition From Delaware, 95884-95886 [2016-31256]

Download as PDF 95884 Federal Register / Vol. 81, No. 250 / Thursday, December 29, 2016 / Rules and Regulations rmajette on DSK2TPTVN1PROD with RULES An investment manager of a pooled investment vehicle that holds assets of more than one employee benefit plan may be subject to a proxy voting policy of one plan that conflicts with the proxy voting policy of another plan. Compliance with ERISA section 404(a)(1)(D) would require the investment manager to reconcile, insofar as possible, the conflicting policies (assuming compliance with each policy would be consistent with ERISA section 404(a)(1)(D)) and, if necessary and to the extent permitted by applicable law, vote the relevant proxies to reflect such policies in proportion to each plan’s interest in the pooled investment vehicle. If, however, the investment manager determines that compliance with conflicting voting policies would violate ERISA section 404(a)(1)(D) in a particular instance, for example, by being imprudent or not solely in the interest of plan participants, the investment manager would be required to ignore the voting policy that would violate ERISA section 404(a)(1)(D) in that instance. Such an investment manager may, however, require participating investors to accept the investment manager’s own investment policy statement, including any statement of proxy voting policy, before they are allowed to invest. As with investment policies originating from named fiduciaries, a policy initiated by an investment manager and adopted by the participating plans would be regarded as an instrument governing the participating plans, and the investment manager’s compliance with such a policy would be governed by ERISA section 404(a)(1)(D). (3) Shareholder Engagement An investment policy that contemplates activities intended to monitor or influence the management of corporations in which the plan owns stock is consistent with a fiduciary’s obligations under ERISA where the responsible fiduciary concludes that there is a reasonable expectation that such monitoring or communication with management, by the plan alone or together with other shareholders, is likely to enhance the value of the plan’s investment in the corporation, after taking into account the costs involved. Such a reasonable expectation may exist in various circumstances, for example, where plan investments in corporate stock are held as long-term investments, where a plan may not be able to easily dispose of such an investment, or where the same shareholder engagement issue is likely to exist in the case of available alternative investments. Active monitoring and communication VerDate Sep<11>2014 14:51 Dec 28, 2016 Jkt 241001 activities would generally concern such issues as the independence and expertise of candidates for the corporation’s board of directors and assuring that the board has sufficient information to carry out its responsibility to monitor management. Other issues may include such matters as governance structures and practices, particularly those involving board composition, executive compensation, transparency and accountability in corporate decision-making, responsiveness to shareholders, the corporation’s policy regarding mergers and acquisitions, the extent of debt financing and capitalization, the nature of long-term business plans including plans on climate change preparedness and sustainability, governance and compliance policies and practices for avoiding criminal liability and ensuring employees comply with applicable laws and regulations, the corporation’s workforce practices (e.g., investment in training to develop its work force, diversity, equal employment opportunity), policies and practices to address environmental or social factors that have an impact on shareholder value, and other financial and nonfinancial measures of corporate performance. Active monitoring and communication may be carried out through a variety of methods including by means of correspondence and meetings with corporate management as well as by exercising the legal rights of a shareholder. Phyllis C. Borzi, Assistant Secretary, Employee Benefits Security Administration, Department of Labor. [FR Doc. 2016–31515 Filed 12–28–16; 8:45 am] BILLING CODE 4510–29–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–HQ–OAR–2016–0691; FRL–9957–28– OAR] Extension of Deadline for Action on the November 2016 Section 126 Petition From Delaware Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: In this action, the Environmental Protection Agency (EPA) is determining that 60 days is insufficient time to complete the technical and other analyses and public notice-and-comment process required SUMMARY: PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 for our review of a petition submitted by the state of Delaware pursuant to section 126 of the Clean Air Act (CAA). The petition requests that the EPA make a finding that Homer City Generating Station, located in Indiana County, Pennsylvania, emits air pollution that significantly contributes to nonattainment and interferes with maintenance of the 2008 and 2015 ozone national ambient air quality standards (NAAQS) in the state of Delaware. Under section 307(d)(10) of CAA, the EPA is authorized to grant a time extension for responding to a 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 the section 307(d) 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 July 9, 2017. DATES: This final rule is effective on December 29, 2016. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA–HQ–OAR–2016–0691. All documents in the docket are listed on the http://www.regulations.gov Web site. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available electronically through http://www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Mr. Benjamin Gibson, Office of Air Quality Planning and Standards (C545–E), U.S. EPA, Research Triangle Park, North Carolina 27709, telephone number (919) 541–3277, email: gibson.benjamin@ 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 state of Delaware filed pursuant to CAA section 126(b). The EPA received the petition on November 10, 2016. The petition requests that the EPA make a finding under section 126(b) of the CAA that the Homer City Generating Station, located in Indiana County, Pennsylvania, is operating in a manner that emits air pollutants in violation of the provisions of section 110(a)(2)(D)(i)(I) of the CAA E:\FR\FM\29DER1.SGM 29DER1 Federal Register / Vol. 81, No. 250 / Thursday, December 29, 2016 / Rules and Regulations with respect to the 2008 and 2015 ozone NAAQS. Section 126(b) of the CAA authorizes states 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 CAA section 110(a)(2)(D)(i) 1 by contributing significantly to nonattainment or maintenance problems in downwind states. 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 Homer City Generating Station’s three electric generating units emit air pollutants in violation of CAA section 110(a)(2)(D)(i)(I) with respect to the 2008 8-hour ozone NAAQS, set at 0.075 parts per million (ppm), and the revised 2015 8-hour ozone NAAQS, set at 0.070 ppm.2 Pursuant to CAA 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 CAA 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. CAA 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 CAA section 307(d)(1)(N). One of these requirements is notice-andcomment rulemaking, under section 307(d)(3)–(6). In addition, CAA section 307(d)(10) provides for a time extension, under certain circumstances, for a rulemaking subject to CAA section 307(d). rmajette on DSK2TPTVN1PROD with RULES 1 The text of CAA section 126 codified in the United States Code cross references CAA section 110(a)(2)(D)(ii) instead of CAA section 110(a)(2)(D)(i). The courts have confirmed that this is a scrivener’s error and the correct cross reference is to CAA section 110(a)(2)(D)(i). See Appalachian Power Co. v. EPA, 249 F.3d 1032, 1040–44 (D.C. Cir. 2001). 2 On October 1, 2015, the EPA strengthened the ground-level ozone NAAQS, based on extensive scientific evidence about ozone’s effects on public health and welfare. See 80 FR 65291 (October 26, 2015). VerDate Sep<11>2014 14:51 Dec 28, 2016 Jkt 241001 Specifically, CAA 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. CAA section 307(d)(10) may be applied to section 126 rulemakings because the 60-day time limit under CAA 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 CAA section 307(d)(10), the EPA is determining that the 60-day period afforded by CAA section 126(b) for responding to the petition from the state of Delaware is not adequate to allow the public and the agency the opportunity to carry out the purposes of CAA 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 the Homer City Generating Station identified in the CAA section 126 petition contributes significantly to nonattainment or interferes with maintenance of the 2008 ozone NAAQS or the 2015 ozone NAAQS in Delaware. 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 is in the process of determining an appropriate schedule for action on the CAA section 126 petition. This schedule must afford the EPA adequate time to prepare a proposal that clearly elucidates the 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 July 9, 2017. B. Notice and Comment Under the Administrative Procedure Act (APA) This document is a final agency action, but may not be subject to the notice-and-comment requirements of PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 95885 the APA, 5 U.S.C. 553(b). The EPA believes that, because of the limited time provided to make a determination, the deadline for action on the CAA 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 CAA section 126 petition. C. Effective Date Under the APA This action is effective on December 29, 2016. 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. As discussed earlier, the EPA intends to use the 6month 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 exempt from review by the Office of Management and Budget because it simply extends the date for the EPA to take action on a petition. B. Paperwork Reduction Act (PRA) This action does not impose an information collection burden under the PRA. 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. E:\FR\FM\29DER1.SGM 29DER1 95886 Federal Register / Vol. 81, No. 250 / Thursday, December 29, 2016 / Rules and Regulations C. Regulatory Flexibility Act (RFA) This action is not subject to the RFA. The RFA applies only to rules subject to notice-and-comment rulemaking requirements under the APA, 5 U.S.C. 553, or any other statute. This rule is not subject to notice-and-comment requirements because the agency has invoked the APA ‘‘good cause’’ exemption under 5 U.S.C. 553(b). D. Unfunded Mandates Reform Act (UMRA) This action does not contain any unfunded mandate of $100 million or more as described in UMRA, 2 U.S.C. 1531–1538, and does not significantly or uniquely affect small governments. The action imposes no enforceable duty on any state, local or tribal governments or the private sector. 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. F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments This action does not have tribal implications, 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 rule. G. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks rmajette on DSK2TPTVN1PROD with RULES The EPA interprets Executive Order 13045 as applying only to those regulatory actions that concern environmental health or safety risks that the EPA has reason to believe may disproportionately affect children, per the definition of ‘‘covered regulatory action’’ in section 2–202 of the Executive Order. This action is not subject to Executive Order 13045 because it does not concern an environmental health risk or safety risk. H. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution or Use This action is not subject to Executive Order 13211, because it is not a significant regulatory action under Executive Order 12866. VerDate Sep<11>2014 14:51 Dec 28, 2016 Jkt 241001 I. National Technology Transfer and Advancement Act (NTTAA) This rulemaking does not involve technical standards. ENVIRONMENTAL PROTECTION AGENCY J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations The EPA believes that this action is not subject to Executive Order 12898 (59 FR 7629, February 16, 1994) because it does not establish an environmental health or safety standard. This good cause final action simply extends the date for the EPA to take action on a petition and does not have any impact on human health or the environment. [EPA–HQ–OPP–2016–0007 and EPA–HQ– OPP–2016–0008; FRL–9950–40] K. Congressional Review Act (CRA) This action is subject to the CRA, and the EPA will submit a rule report to each House of the Congress and to the Comptroller General of the United States. The CRA 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-comment rulemaking procedures are impracticable, unnecessary or contrary to the public interest (5 U.S.C. 808(2)). The EPA has made a good cause finding for this rule as discussed in Section II.B of this document, including the basis for that finding. IV. Statutory Authority The statutory authority for this action is provided by sections 110, 126 and 307 of the CAA 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 appropriate circuit by February 27, 2017. 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, Nitrogen oxides, Ozone. Dated: December 15, 2016. Gina McCarthy, Administrator. [FR Doc. 2016–31256 Filed 12–28–16; 8:45 am] BILLING CODE 6560–50–P PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 40 CFR Part 180 Isobutyl Acetate and Isobutyric Acid; Exemption From the Requirement of a Tolerance Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: This regulation establishes exemptions from the requirement of a tolerance for residues of isobutyl acetate (CAS Reg. No. 110–19–0) and isobutyric acid (CAS Reg. No. 79–31–2) when used as inert ingredients (solvent) in pesticide formulations applied to growing crops and raw agricultural commodities after harvest. Technology Sciences Group Inc. on behalf of Jeneil Biosurfactant Company submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting establishment of these exemptions from the requirement of a tolerance. This regulation eliminates the need to establish maximum permissible levels for residues of isobutyl acetate and isobutyric acid. DATES: This regulation is effective December 29, 2016. Objections and requests for hearings must be received on or before February 27, 2017, 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 dockets for this action, identified by docket identification (ID) numbers EPA–HQ–OPP–2016–0007 and EPA–HQ–OPP–2016–0008, are 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), West William Jefferson Clinton 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/dockets. FOR FURTHER INFORMATION CONTACT: Michael Goodis, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, SUMMARY: E:\FR\FM\29DER1.SGM 29DER1

Agencies

[Federal Register Volume 81, Number 250 (Thursday, December 29, 2016)]
[Rules and Regulations]
[Pages 95884-95886]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31256]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-HQ-OAR-2016-0691; FRL-9957-28-OAR]


Extension of Deadline for Action on the November 2016 Section 126 
Petition From Delaware

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: In this action, the Environmental Protection Agency (EPA) is 
determining that 60 days is insufficient time to complete the technical 
and other analyses and public notice-and-comment process required for 
our review of a petition submitted by the state of Delaware pursuant to 
section 126 of the Clean Air Act (CAA). The petition requests that the 
EPA make a finding that Homer City Generating Station, located in 
Indiana County, Pennsylvania, emits air pollution that significantly 
contributes to nonattainment and interferes with maintenance of the 
2008 and 2015 ozone national ambient air quality standards (NAAQS) in 
the state of Delaware. Under section 307(d)(10) of CAA, the EPA is 
authorized to grant a time extension for responding to a 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 the section 307(d) 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 July 
9, 2017.

DATES: This final rule is effective on December 29, 2016.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-HQ-OAR-2016-0691. All documents in the docket are 
listed on the http://www.regulations.gov Web site. Although listed in 
the index, some information is not publicly available, e.g., 
Confidential Business Information or other information whose disclosure 
is restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the Internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available electronically through http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Mr. Benjamin Gibson, Office of Air 
Quality Planning and Standards (C545-E), U.S. EPA, Research Triangle 
Park, North Carolina 27709, telephone number (919) 541-3277, email: 
gibson.benjamin@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 state of Delaware filed pursuant to CAA 
section 126(b). The EPA received the petition on November 10, 2016. The 
petition requests that the EPA make a finding under section 126(b) of 
the CAA that the Homer City Generating Station, located in Indiana 
County, Pennsylvania, is operating in a manner that emits air 
pollutants in violation of the provisions of section 110(a)(2)(D)(i)(I) 
of the CAA

[[Page 95885]]

with respect to the 2008 and 2015 ozone NAAQS.
    Section 126(b) of the CAA authorizes states 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 CAA section 110(a)(2)(D)(i) \1\ by contributing 
significantly to nonattainment or maintenance problems in downwind 
states. 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 
Homer City Generating Station's three electric generating units emit 
air pollutants in violation of CAA section 110(a)(2)(D)(i)(I) with 
respect to the 2008 8-hour ozone NAAQS, set at 0.075 parts per million 
(ppm), and the revised 2015 8-hour ozone NAAQS, set at 0.070 ppm.\2\
---------------------------------------------------------------------------

    \1\ The text of CAA section 126 codified in the United States 
Code cross references CAA section 110(a)(2)(D)(ii) instead of CAA 
section 110(a)(2)(D)(i). The courts have confirmed that this is a 
scrivener's error and the correct cross reference is to CAA section 
110(a)(2)(D)(i). See Appalachian Power Co. v. EPA, 249 F.3d 1032, 
1040-44 (D.C. Cir. 2001).
    \2\ On October 1, 2015, the EPA strengthened the ground-level 
ozone NAAQS, based on extensive scientific evidence about ozone's 
effects on public health and welfare. See 80 FR 65291 (October 26, 
2015).
---------------------------------------------------------------------------

    Pursuant to CAA 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 CAA 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.
    CAA 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 CAA 
section 307(d)(1)(N). One of these requirements is notice-and-comment 
rulemaking, under section 307(d)(3)-(6).
    In addition, CAA section 307(d)(10) provides for a time extension, 
under certain circumstances, for a rulemaking subject to CAA section 
307(d). Specifically, CAA 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.

    CAA section 307(d)(10) may be applied to section 126 rulemakings 
because the 60-day time limit under CAA 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 CAA section 307(d)(10), the EPA is determining 
that the 60-day period afforded by CAA section 126(b) for responding to 
the petition from the state of Delaware is not adequate to allow the 
public and the agency the opportunity to carry out the purposes of CAA 
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 
the Homer City Generating Station identified in the CAA section 126 
petition contributes significantly to nonattainment or interferes with 
maintenance of the 2008 ozone NAAQS or the 2015 ozone NAAQS in 
Delaware. 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 is in 
the process of determining an appropriate schedule for action on the 
CAA section 126 petition. This schedule must afford the EPA adequate 
time to prepare a proposal that clearly elucidates the 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 July 9, 
2017.

B. Notice and Comment Under the Administrative Procedure 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, the deadline for action on the CAA section 126 petition 
should be extended. Congress may not have intended such a determination 
to be subject to notice-and-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 CAA section 126 petition.

C. Effective Date Under the APA

    This action is effective on December 29, 2016. 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. As 
discussed earlier, 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 exempt from review by the Office of Management and 
Budget because it simply extends the date for the EPA to take action on 
a petition.

B. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under 
the PRA. 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.

[[Page 95886]]

C. Regulatory Flexibility Act (RFA)

    This action is not subject to the RFA. The RFA applies only to 
rules subject to notice-and-comment rulemaking requirements under the 
APA, 5 U.S.C. 553, or any other statute. This rule is not subject to 
notice-and-comment requirements because the agency has invoked the APA 
``good cause'' exemption under 5 U.S.C. 553(b).

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate of $100 million 
or more as described in UMRA, 2 U.S.C. 1531-1538, and does not 
significantly or uniquely affect small governments. The action imposes 
no enforceable duty on any state, local or tribal governments or the 
private sector.

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.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have tribal implications, 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 rule.

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

    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive Order. This action is not subject to 
Executive Order 13045 because it does not concern an environmental 
health risk or safety risk.

H. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution or Use

    This action is not subject to Executive Order 13211, because it is 
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    The EPA believes that this action is not subject to Executive Order 
12898 (59 FR 7629, February 16, 1994) because it does not establish an 
environmental health or safety standard. This good cause final action 
simply extends the date for the EPA to take action on a petition and 
does not have any impact on human health or the environment.

K. Congressional Review Act (CRA)

    This action is subject to the CRA, and the EPA will submit a rule 
report to each House of the Congress and to the Comptroller General of 
the United States. The CRA 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-comment rulemaking procedures are 
impracticable, unnecessary or contrary to the public interest (5 U.S.C. 
808(2)). The EPA has made a good cause finding for this rule as 
discussed in Section II.B of this document, including the basis for 
that finding.

IV. Statutory Authority

    The statutory authority for this action is provided by sections 
110, 126 and 307 of the CAA 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 appropriate circuit by February 27, 2017. 
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, Nitrogen oxides, Ozone.

    Dated: December 15, 2016.
Gina McCarthy,
Administrator.
[FR Doc. 2016-31256 Filed 12-28-16; 8:45 am]
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