Unless the Administrator otherwise explicity provides in a particular promulgation or approval action, the time and date of the Administrator's action in promulgation (for purposes of sections 509(b)(1) (A), (C), and (E)), approving (for purposes of section 509(b)(1)(E)), making a determination (for purposes of section 509(b)(1) (B) and (D), and issuing or denying (for purposes of section 509(b)(1)(F)) shall be at 1:00 p.m. eastern time (standard or daylight, as appropriate) on (a) for a Federal Register document, the date that is two weeks after the date when the document is published in the Federal Register, or (b) for any other document, two weeks after it is signed.
Notes of Decisions
Iowa League of Cities v. Env't Prot. Agency, 711 F.3d 844 (8th Cir. 2013).
“40 C.F.R. § 23.2 . Here, the letters were signed on June 30, 2011, and September 14, 2011, and therefore the time period to challenge the letters — should they be found to be promulgations — began on July 14, 2011, and September 28, 2011, respectively.”
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