Interim Final Determination To Stay and Defer Sanctions, Sacramento Metropolitan Air Quality Management District, 10554-10556 [2013-03250]
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10554
Federal Register / Vol. 78, No. 31 / Thursday, February 14, 2013 / Rules and Regulations
containing this rule 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 rule 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. section 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by April 15, 2013. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this rule for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2))
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Particulate matter,
Reporting and recordkeeping
requirements, Sulfur oxides, Visibility,
and Volatile organic compounds.
Dated: November 15, 2012.
Dennis J. McLerran,
Regional Administrator, Region 10.
Part 52, chapter I, title 40 of the Code
of Federal Regulations is amended as
follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for Part 52
continues to read as follows:
2. Section 52.70 is amended by adding
paragraph (c)(41) to read as follows:
■
Identification of plan.
mstockstill on DSK4VPTVN1PROD with RULES
*
*
*
*
(c) * * *
(41) On April 4, 2011, the Alaska
Department of Environmental
Conservation submitted a SIP revision
to meet the regional haze requirements
of Clean Air Act sections 169A and
169B, and Federal Regulations 40 CFR
51.308, to implement a regional haze
program in the State of Alaska for the
first planning period through July 31,
2018.
(i) Incorporation by reference.
16:39 Feb 13, 2013
Jkt 229001
*
*
*
*
(g) Visibility protection. (1) EPA
approves the Regional Haze SIP revision
submitted by the Alaska Department of
Environmental Conservation on April 4,
2011, as meeting the requirements of
Clean Air Act sections 169A and 169B,
and Federal Regulations 40 CFR 51.308
to implement a regional haze program in
the State of Alaska for the first planning
period through July 31, 2018.
(2) [Reserved]
[FR Doc. 2013–03329 Filed 2–13–13; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2013–0064; FRL–9777–8]
Environmental Protection
Agency (EPA).
ACTION: Interim final rule.
Subpart C—Alaska
VerDate Mar<15>2010
Approval of plans.
*
AGENCY:
Authority: 42 U.S.C. 7401 et seq.
*
§ 52.73
Interim Final Determination To Stay
and Defer Sanctions, Sacramento
Metropolitan Air Quality Management
District
■
§ 52.70
(A) The following revised section of
the Alaska Administrative Rules: Alaska
Department of Environmental
Conservation, 18 AAC 50.260,
‘‘Guidelines for Best Available Retrofit
Technology under the Regional Haze
Rule’’, state effective date December 30,
2007.
(ii) Additional material.
(A) The following section of ADEC’s
air quality control regulations: 18 AAC
50.030 State Air Quality Control Plan;
state effective date February 11, 2011;
Volume II, Section III. F. Open Burning;
and Volume II, Section III. K. Area Wide
Pollution Control Program for Regional
Haze.
■ 3. Section 52.73 is amended by adding
paragraph (g) to read as follows:
EPA is making an interim
final determination to stay the
imposition of offset sanctions and to
defer the imposition of highway
sanctions based on a proposed approval
of a revision to the Sacramento
Metropolitan Air Quality Management
District (SMAQMD or District) portion
of the California State Implementation
Plan (SIP) published elsewhere in this
Federal Register. The SIP revision
concerns two permitting rules submitted
by the SMAQMD: Rule 214, Federal
New Source Review, and Rule 217,
Public Notice Requirements for Permits.
DATES: This interim final determination
is effective on February 14, 2013.
SUMMARY:
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However, comments will be accepted
until March 18, 2013.
ADDRESSES: Submit comments,
identified by docket number EPA–R09–
OAR–2013–0064, by one of the
following methods:
1. Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
on-line instructions.
2. Email: R9airpermits@epa.gov.
3. Mail or deliver: Gerardo Rios (Air3), U.S. Environmental Protection
Agency Region IX, 75 Hawthorne Street,
San Francisco, CA 94105–3901.
Instructions: All comments will be
included in the public docket without
change and may be made available
online at https://www.regulations.gov,
including any personal information
provided, unless the comment includes
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Information that
you consider CBI or otherwise protected
should be clearly identified as such and
should not be submitted through http:
//www.regulations.gov or email. https://
www.regulations.gov is an ‘‘anonymous
access’’ system, and EPA will not know
your identity or contact information
unless you provide it in the body of
your comment. If you send email
directly to EPA, your email address will
be automatically captured and included
as part of the public comment. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Docket: Generally, documents in the
docket for this action are available
electronically at https://
www.regulations.gov and in hard copy
at EPA Region IX, 75 Hawthorne Street,
San Francisco, California. While all
documents in the docket are listed at
https://www.regulations.gov, some
information may be publicly available
only at the hard copy location (e.g.,
copyrighted material, large maps), and
some may not be publicly available in
either location (e.g., CBI). To inspect the
hard copy materials, please schedule an
appointment during normal business
hours with the contact listed in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT:
Laura Yannayon, EPA Region IX, (415)
972–3534, yannayon.laura@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to EPA.
I. Background
On July 20, 2011 (76 FR 43183), we
published a limited approval and
limited disapproval of SMAQMD Rule
214 as adopted locally on October 28,
E:\FR\FM\14FER1.SGM
14FER1
Federal Register / Vol. 78, No. 31 / Thursday, February 14, 2013 / Rules and Regulations
mstockstill on DSK4VPTVN1PROD with RULES
2010 and submitted by the State on
December 7, 2010. We based our limited
disapproval action on certain
deficiencies in the submitted rule. This
disapproval action started a sanctions
clock for imposition of offset sanctions
18 months after August 19, 2011 and
highway sanctions 6 months later,
pursuant to section 179 of the Clean Air
Act (CAA) and our regulations at 40
CFR 52.31. Under 40 CFR 52.31(d)(1),
offset sanctions apply eighteen months
after the effective date of a disapproval
and highway sanctions apply six
months after the offset sanctions, unless
we determine that the deficiencies
forming the basis of the disapproval
have been corrected.
On August 23, 2012, SMAQMD
adopted an amended version of Rule
214, which was intended to correct the
deficiencies identified in our July 20,
2011 limited approval and limited
disapproval action. On September 26,
2012, the State submitted this amended
rule to EPA. In the Proposed Rules
section of today’s Federal Register, we
are proposing to fully approve this rule
because we believe it corrects the
deficiencies identified in our July 20,
2011 disapproval action. Based on
today’s proposed approval, we are
taking this final rulemaking action,
effective on publication, to stay the
imposition of the offset sanctions and to
defer the imposition of the highway
sanctions that were triggered by our July
20, 2011 limited disapproval.
EPA is providing the public with an
opportunity to comment on this stay/
deferral of sanctions. If comments are
submitted that change our assessment
described in this final determination
and our proposed full approval of
amended SMAQMD Rule 214, we
intend to take subsequent final action to
reimpose sanctions pursuant to 40 CFR
52.31(d). If no comments are submitted
that change our assessment, then all
sanctions and sanction clocks will be
permanently terminated on the effective
date of a final rule approval.
II. EPA Action
We are making an interim final
determination to stay the imposition of
the offset sanctions and to defer the
imposition of the highway sanctions
associated with SMAQMD Rule 214 (as
adopted 2010) based on our concurrent
proposal to approve the State’s SIP
revision as correcting the deficiencies
that initiated sanctions.
Because EPA has preliminarily
determined that the State has corrected
the deficiencies identified in EPA’s
limited disapproval action, relief from
sanctions should be provided as quickly
as possible. Therefore, EPA is invoking
VerDate Mar<15>2010
16:39 Feb 13, 2013
Jkt 229001
the good cause exception under the
Administrative Procedure Act (APA) in
not providing an opportunity for
comment before this action takes effect
(5 U.S.C. 553(b)(3)). However, by this
action EPA is providing the public with
a chance to comment on EPA’s
determination after the effective date,
and EPA will consider any comments
received in determining whether to
reverse such action.
EPA believes that notice-andcomment rulemaking before the
effective date of this action is
impracticable and contrary to the public
interest. EPA has reviewed the State’s
submittal and, through its proposed
action, is indicating that it is more likely
than not that the State has corrected the
deficiencies that started the sanctions
clocks. Therefore, it is not in the public
interest to initially impose sanctions or
to keep applied sanctions in place when
the State has most likely done all it can
to correct the deficiencies that triggered
the sanctions clocks. Moreover, it would
be impracticable to go through noticeand-comment rulemaking on a finding
that the State has corrected the
deficiencies prior to the rulemaking
approving the State’s submittal.
Therefore, EPA believes that it is
necessary to use the interim final
rulemaking process to stay and defer
sanctions while EPA completes its
rulemaking process on the approvability
of the State’s submittal. Moreover, with
respect to the effective date of this
action, EPA is invoking the good cause
exception to the 30-day notice
requirement of the APA because the
purpose of this notice is to relieve a
restriction (5 U.S.C. 553(d)(1)).
III. Statutory and Executive Order
Reviews
This action stays and defers Federal
sanctions and imposes no additional
requirements.
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this action is
not a ‘‘significant regulatory action’’ and
therefore is not subject to review by the
Office of Management and Budget.
This action is not subject to Executive
Order 13211, ‘‘Actions Concerning
Regulations That Significantly Affect
Energy Supply, Distribution, or Use’’ (66
FR 28355, May 22, 2001) because it is
not a significant regulatory action.
The administrator certifies that this
action will not have a significant
economic impact on a substantial
number of small entities under the
Regulatory Flexibility Act (5 U.S.C.
§ 601 et seq.).
This rule does not contain any
unfunded mandate or significantly or
uniquely affect small governments, as
PO 00000
Frm 00057
Fmt 4700
Sfmt 4700
10555
described in the Unfunded Mandates
Reform Act of 1995 (Pub. L. 104–4).
This rule does not have tribal
implications because it will not have a
substantial direct effect on one or more
Indian tribes, on the relationship
between the Federal government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal government and Indian tribes,
as specified by Executive Order 13175
(65 FR 67249, November 9, 2000).
This action does not have Federalism
implications because it does 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, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999).
This rule is not subject to Executive
Order 13045, ‘‘Protection of Children
from Environmental Health Risks and
Safety Risks’’ (62 FR 19885, April 23,
1997), because it is not economically
significant.
The requirements of section 12(d) of
the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272) do not apply to this rule because
it imposes no standards.
This rule does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.).
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 to Congress and the
Comptroller General. However, section
808 provides that any rule for which the
issuing agency for good cause finds that
notice and public procedure thereon are
impracticable, unnecessary, or contrary
to the public interest, shall take effect at
such time as the agency promulgating
the rule determines. 5 U.S.C. 808(2).
EPA has made such a good cause
finding, including the reasons therefore,
and established an effective date of
February 14, 2013. EPA will submit a
report containing this rule 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 rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This rule is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
E:\FR\FM\14FER1.SGM
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10556
Federal Register / Vol. 78, No. 31 / Thursday, February 14, 2013 / Rules and Regulations
Court of Appeals for the appropriate
circuit by April 15, 2013. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this rule for the
purpose of judicial review nor does it
extend the time within which petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements (see section
307(b)(2)).
DEPARTMENT OF COMMERCE
List of Subjects in 40 CFR Part 52
AGENCY:
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental
regulations, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and
recordkeeping requirements.
SUMMARY:
National Oceanic and Atmospheric
Administration
50 CFR Part 648
Effective February 11, 2013,
through April 30, 2013.
[Docket No. 120109034–2171–01]
FOR FURTHER INFORMATION CONTACT:
RIN 0648–XC456
Fisheries of the Northeastern United
States; Northeast Multispecies
Fishery; Trip Limit Adjustments for the
Common Pool Fishery
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; inseason
adjustment of landing limits.
This temporary rule increases
the possession limits for Georges Bank
cod, Gulf of Maine cod, and Southern
New England/Mid-Atlantic yellowtail
flounder for Northeast multispecies
common pool vessels for the remainder
of the 2012 fishing year. This rule also
decreases the trip limits for white hake
and pollock. This is intended to
facilitate the harvest of Georges Bank
cod, Gulf of Maine cod, and Southern
New England/Mid-Atlantic yellowtail
flounder to allow the total catch of these
stocks to approach their pertinent
common pool sub-annual catch limits
Dated: January 29, 2013.
Jared Blumenfeld,
Regional Administrator, Region IX.
[FR Doc. 2013–03250 Filed 2–13–13; 8:45 am]
BILLING CODE 6560–50–P
sub-annual catch limits and prevent the
overharvest of the white hake and
pollock sub-annual catch limits.
DATES:
Brett Alger, Fisheries Management
Specialist, 978–675–2153, Fax 978–281–
9135.
SUPPLEMENTARY INFORMATION:
Regulations governing the Northeast
(NE) multispecies fishery are found at
50 CFR part 648, subpart F. The
regulations at § 648.86(o) authorize the
NE Regional Administrator (RA) to
adjust the possession limits for common
pool vessels in order to optimize the
harvest of NE regulated multispecies by
preventing the overharvest or
underharvest of the pertinent common
pool sub-annual catch limits (ACLs). As
of January 30, 2013, Gulf of Maine
(GOM) cod, Georges Bank (GB) cod, and
Southern New England (SNE)/MidAtlatnic (MA) yellowtail flounder catch
is well below their respective quotas,
and conversely, catch of white hake and
pollock is relatively high with
approximately 3 months remaining in
fishing year (FY) 2012. Table 1 includes
the common pool sub-ACL for each
stock affected by this action and the
amount that has been caught as of
February 7, 2013.
TABLE 1—SUB-ACLS AND CURRENT CATCH OF FIVE NE MULTISPECIES STOCKS IN THE COMMON POOL
Sub-ACL (lb)
GOM Cod .....................................................................................................................................
GB Cod ........................................................................................................................................
SNE/MA Yellowtail Flounder .......................................................................................................
White Hake ..................................................................................................................................
Pollock .........................................................................................................................................
Framework Adjustment 47 (FW 47) to
the NE Multispecies Fishery
Management Plan (FMP) established the
current trip limits for the common pool
vessels fishing under a Category A dayat-sea (DAS) (77 FR 26104). Since then,
there have been no adjustments to any
trip limits for any common pool vessels.
Sub-ACL (mt)
176,414
179,489
338,099
57,896
180,323
Percent
harvested
80
81
153
26
82
35.5
20.3
6.1
88.7
77.8
Table 2 contains the current landing
limit and the new landing limit being
implemented by this action.
TABLE 2—THE CURRENT AND NEW TRIP LIMITS FOR FIVE NE MULTISPECIES STOCKS IN THE COMMON POOL
Current DAS limit
GOM Cod .............................
GB Cod ................................
mstockstill on DSK4VPTVN1PROD with RULES
SNE/MA Yellowtail Flounder
White Hake ..........................
Pollock ..................................
New DAS limit
650 lb (294.8 kg) per DAS up to 2,000 lb (907.2 kg) per
trip.
2,000 lb (907.2 kg) per DAS up to 20,000 lb (9,072 kg)
per trip.
1,500 lb (680.4 kg) per DAS up to 4,500 lb (2,041 kg)
per trip.
1,500 lb (680.4 kg) per trip .............................................
Unlimited .........................................................................
2,000 lb (907.2 kg) per DAS up to 6,000 lb (2,721 kg)
per trip.
3,000 lb (1,361 kg) per DAS up to 30,000 lb (13,608
kg) per trip.
5,000 lb (2,268 kg) per DAS up to 15,000 lb (6,804 kg)
per trip.
500 lb (226.8 kg) per trip.
10,000 lb (4,536 kg) per trip.
The regulations require that the
Handgear B (HB) trip limit for GOM and
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16:39 Feb 13, 2013
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GB cod be adjusted proportionally
(rounded up to the nearest 25 lb (11.3
PO 00000
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kg)) if either the GOM or GB cod trip
limit applicable to a vessel fishing
E:\FR\FM\14FER1.SGM
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]]>Agencies
[Federal Register Volume 78, Number 31 (Thursday, February 14, 2013)]
[Rules and Regulations]
[Pages 10554-10556]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-03250]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2013-0064; FRL-9777-8]
Interim Final Determination To Stay and Defer Sanctions,
Sacramento Metropolitan Air Quality Management District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Interim final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is making an interim final determination to stay the
imposition of offset sanctions and to defer the imposition of highway
sanctions based on a proposed approval of a revision to the Sacramento
Metropolitan Air Quality Management District (SMAQMD or District)
portion of the California State Implementation Plan (SIP) published
elsewhere in this Federal Register. The SIP revision concerns two
permitting rules submitted by the SMAQMD: Rule 214, Federal New Source
Review, and Rule 217, Public Notice Requirements for Permits.
DATES: This interim final determination is effective on February 14,
2013. However, comments will be accepted until March 18, 2013.
ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2013-0064, by one of the following methods:
1. Federal eRulemaking Portal: https://www.regulations.gov. Follow
the on-line instructions.
2. Email: R9airpermits@epa.gov.
3. Mail or deliver: Gerardo Rios (Air-3), U.S. Environmental
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA
94105-3901.
Instructions: All comments will be included in the public docket
without change and may be made available online at https://www.regulations.gov, including any personal information provided,
unless the comment includes Confidential Business Information (CBI) or
other information whose disclosure is restricted by statute.
Information that you consider CBI or otherwise protected should be
clearly identified as such and should not be submitted through https://www.regulations.gov or email. https://www.regulations.gov is an
``anonymous access'' system, and EPA will not know your identity or
contact information unless you provide it in the body of your comment.
If you send email directly to EPA, your email address will be
automatically captured and included as part of the public comment. If
EPA cannot read your comment due to technical difficulties and cannot
contact you for clarification, EPA may not be able to consider your
comment.
Docket: Generally, documents in the docket for this action are
available electronically at https://www.regulations.gov and in hard copy
at EPA Region IX, 75 Hawthorne Street, San Francisco, California. While
all documents in the docket are listed at https://www.regulations.gov,
some information may be publicly available only at the hard copy
location (e.g., copyrighted material, large maps), and some may not be
publicly available in either location (e.g., CBI). To inspect the hard
copy materials, please schedule an appointment during normal business
hours with the contact listed in the FOR FURTHER INFORMATION CONTACT
section.
FOR FURTHER INFORMATION CONTACT: Laura Yannayon, EPA Region IX, (415)
972-3534, yannayon.laura@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to EPA.
I. Background
On July 20, 2011 (76 FR 43183), we published a limited approval and
limited disapproval of SMAQMD Rule 214 as adopted locally on October
28,
[[Page 10555]]
2010 and submitted by the State on December 7, 2010. We based our
limited disapproval action on certain deficiencies in the submitted
rule. This disapproval action started a sanctions clock for imposition
of offset sanctions 18 months after August 19, 2011 and highway
sanctions 6 months later, pursuant to section 179 of the Clean Air Act
(CAA) and our regulations at 40 CFR 52.31. Under 40 CFR 52.31(d)(1),
offset sanctions apply eighteen months after the effective date of a
disapproval and highway sanctions apply six months after the offset
sanctions, unless we determine that the deficiencies forming the basis
of the disapproval have been corrected.
On August 23, 2012, SMAQMD adopted an amended version of Rule 214,
which was intended to correct the deficiencies identified in our July
20, 2011 limited approval and limited disapproval action. On September
26, 2012, the State submitted this amended rule to EPA. In the Proposed
Rules section of today's Federal Register, we are proposing to fully
approve this rule because we believe it corrects the deficiencies
identified in our July 20, 2011 disapproval action. Based on today's
proposed approval, we are taking this final rulemaking action,
effective on publication, to stay the imposition of the offset
sanctions and to defer the imposition of the highway sanctions that
were triggered by our July 20, 2011 limited disapproval.
EPA is providing the public with an opportunity to comment on this
stay/deferral of sanctions. If comments are submitted that change our
assessment described in this final determination and our proposed full
approval of amended SMAQMD Rule 214, we intend to take subsequent final
action to reimpose sanctions pursuant to 40 CFR 52.31(d). If no
comments are submitted that change our assessment, then all sanctions
and sanction clocks will be permanently terminated on the effective
date of a final rule approval.
II. EPA Action
We are making an interim final determination to stay the imposition
of the offset sanctions and to defer the imposition of the highway
sanctions associated with SMAQMD Rule 214 (as adopted 2010) based on
our concurrent proposal to approve the State's SIP revision as
correcting the deficiencies that initiated sanctions.
Because EPA has preliminarily determined that the State has
corrected the deficiencies identified in EPA's limited disapproval
action, relief from sanctions should be provided as quickly as
possible. Therefore, EPA is invoking the good cause exception under the
Administrative Procedure Act (APA) in not providing an opportunity for
comment before this action takes effect (5 U.S.C. 553(b)(3)). However,
by this action EPA is providing the public with a chance to comment on
EPA's determination after the effective date, and EPA will consider any
comments received in determining whether to reverse such action.
EPA believes that notice-and-comment rulemaking before the
effective date of this action is impracticable and contrary to the
public interest. EPA has reviewed the State's submittal and, through
its proposed action, is indicating that it is more likely than not that
the State has corrected the deficiencies that started the sanctions
clocks. Therefore, it is not in the public interest to initially impose
sanctions or to keep applied sanctions in place when the State has most
likely done all it can to correct the deficiencies that triggered the
sanctions clocks. Moreover, it would be impracticable to go through
notice-and-comment rulemaking on a finding that the State has corrected
the deficiencies prior to the rulemaking approving the State's
submittal. Therefore, EPA believes that it is necessary to use the
interim final rulemaking process to stay and defer sanctions while EPA
completes its rulemaking process on the approvability of the State's
submittal. Moreover, with respect to the effective date of this action,
EPA is invoking the good cause exception to the 30-day notice
requirement of the APA because the purpose of this notice is to relieve
a restriction (5 U.S.C. 553(d)(1)).
III. Statutory and Executive Order Reviews
This action stays and defers Federal sanctions and imposes no
additional requirements.
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget.
This action is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355, May 22, 2001) because it is not a
significant regulatory action.
The administrator certifies that this action will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. Sec. 601 et seq.).
This rule does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4).
This rule does not have tribal implications because it will not
have a substantial direct effect on one or more Indian tribes, on the
relationship between the Federal government and Indian tribes, or on
the distribution of power and responsibilities between the Federal
government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
This action does not have Federalism implications because it does
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,
as specified in Executive Order 13132 (64 FR 43255, August 10, 1999).
This rule is not subject to Executive Order 13045, ``Protection of
Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997), because it is not economically significant.
The requirements of section 12(d) of the National Technology
Transfer and Advancement Act of 1995 (15 U.S.C. 272) do not apply to
this rule because it imposes no standards.
This rule does not impose an information collection burden under
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
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 to Congress and the Comptroller
General. However, section 808 provides that any rule for which the
issuing agency for good cause finds that notice and public procedure
thereon are impracticable, unnecessary, or contrary to the public
interest, shall take effect at such time as the agency promulgating the
rule determines. 5 U.S.C. 808(2). EPA has made such a good cause
finding, including the reasons therefore, and established an effective
date of February 14, 2013. EPA will submit a report containing this
rule 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 rule in the Federal Register. A major rule
cannot take effect until 60 days after it is published in the Federal
Register. This rule is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States
[[Page 10556]]
Court of Appeals for the appropriate circuit by April 15, 2013. Filing
a petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purpose of judicial
review nor does it extend the time within which petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements (see section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental regulations, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements.
Dated: January 29, 2013.
Jared Blumenfeld,
Regional Administrator, Region IX.
[FR Doc. 2013-03250 Filed 2-13-13; 8:45 am]
BILLING CODE 6560-50-P
