40 C.F.R. § 23.3

Timing of Administrator's action under Clean Air Act

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Unless the Administrator otherwise explicitly provides in a particular promulgation, approval, or action, the time and date of such promulgation, approval or action for purposes of the second sentence of section 307(b)(1) shall be at 1:00 p.m. eastern time (standard or daylight, as appropriate) on (a) for a Federal Register document, 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

Cited in 4 cases, 2014–2020 · leading case: Utah Ex Rel. Utah Dep't of Env't Quality v. United States Env't Prot. Agency, 765 F.3d 1257 (10th Cir. 2014).

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Utah Ex Rel. Utah Dep't of Env't Quality v. United States Env't Prot. Agency, 765 F.3d 1257 (10th Cir. 2014). · cites it 4× “The EPA changed the date of its initial “action” for purposes of 40 C.F.R. § 23.3 (raised by the State of Utah and PacifiCorp).”

Utah Ex Rel. Utah Dep't of Env't Quality, Div. of Air Quality v. United States Env't Prot. Agency, 750 F.3d 1182 (10th Cir. 2014). · cites it 4× “To support this argument, the parties rely on 40 C.F.R. § 23.3 . This section states that the EPA’s action is considered the date of publication in the Federal Register “[ujnless the Administrator otherwise explicitly provides in a particular promulgation, approval, or action.”

Renewable Fuels Ass'n v. EPA, 948 F.3d 1206 (10th Cir. 2020). “” 40 C.F.R. § 23.3 . The history of § 23.3 is instructive.”

State of Utah v. EPA (10th Cir. 2014). · cites it 3× “The Term “Action” in 40 C.F.R. § 23.3 Utah and PacifiCorp have relied in part on 40 C.”

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