; and (B) notify the Secretary of the action in writing. (3) Determination (A) In general On expiration of the 30-day period described in paragraph (2), the Secretary shall issue public notice of any determination of the Secretary that— (i) a violation of all or any part of an approved State program has resulted from a failure of the State to administer or enforce the approved State program of the State; or (ii) the State has not demonstrated the capability and intent of the State to administer or enforce the State program of the State. (B) Appeal A State may appeal the determination of the Secretary under subparagraph (A) in the applicable United States District Court. (C) Resumption by Secretary pending appeal The Secretary may not resume activities under paragraph (4) if an appeal under subparagraph (B) is pending. (4) Resumption by Secretary Except as provided in paragraph (3)(C), if the Secretary has made a determination under paragraph (3)(A), the Secretary shall resume any activities for which authority was delegated to the State during the period— (A) beginning on the date on which the Secretary issues the public notice under paragraph (3)(A); and (B) ending on the date on which the Secretary determines that the State may administer or enforce, as applicable, the approved State program of the State. (5) Standing A State with an approved regulatory program shall have standing to sue the Secretary for any action taken under this subsection. . (b) Existing authorities Section 390(a) of the Energy Policy Act of 2005 ( 42 U.S.C. 15942(a) ) is amended— (1) by striking Action by the Secretary and inserting The Secretary ; (2) by striking with respect to any of the activities described in subsection (b) shall be subject to a rebuttable presumption that the use of and inserting shall apply