Interim Final Determination To Stay and Defer Sanctions, Clark County Department of Air Quality, 42685-42687 [2014-17327]
Download as PDF
42685
Federal Register / Vol. 79, No. 141 / Wednesday, July 23, 2014 / Rules and Regulations
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action 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. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by September 22,
2014. Filing a petition for
reconsideration by the Administrator of
this final rule does not affect the finality
of this action 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)).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because it will not
impose substantial direct costs on tribal
governments or preempt tribal law. The
SIP is not approved to apply in Indian
country located in the state, except for
non-trust land within the exterior
boundaries of the Puyallup Indian
Reservation, also known as the 1873
Survey Area. Under the Puyallup Tribe
of Indians Settlement Act of 1989, 25
U.S.C. 1773, Congress explicitly
provided state and local agencies in
Washington authority over activities on
non-trust lands within the 1873 Survey
Area and the EPA is therefore approving
this SIP on such lands. Consistent with
EPA policy, the EPA nonetheless
provided a consultation opportunity to
the Puyallup Tribe in a letter dated
September 3, 2013. The EPA did not
receive a request for consultation.
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, which includes a
copy of the rule, to each House of the
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Carbon monoxide, Lead, Nitrogen
dioxide, Ozone, Particulate matter,
Sulfur dioxide, Reporting and
recordkeeping requirements.
Dated: July 7, 2014.
Dennis J. McLerran,
Regional Administrator, Region 10.
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for Part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401, et seq.
Subpart WW—Washington
2. In § 52.2470, paragraph (e) is
amended by adding the entry ‘‘110(a)(2)
Infrastructure Requirements—2008 Lead
Standard’’ to Table 2—ATTAINMENT,
MAINTENANCE, AND OTHER PLANS
under the heading ‘‘110(a)(2)
Infrastructure and Interstate Transport’’
after the entry for ‘‘110(a)(2)
Infrastructure Requirements—1997
ozone standard’’ to read as follows:
■
§ 52.2470
*
Identification of plan.
*
*
(e) * * *
*
*
TABLE 2—ATTAINMENT, MAINTENANCE, AND OTHER PLANS
Applicable geographic or nonattainment area
Name of SIP provision
*
State submittal
date
*
*
EPA approval date
*
Comments
*
*
*
110(a)(2) Infrastructure and Interstate Transport
*
110(a)(2) Infrastructure Requirements—2008 Lead
Standard.
*
*
*
Statewide ..........
*
4/14/14
*
[FR Doc. 2014–17243 Filed 7–22–14; 8:45 am]
BILLING CODE 6560–50–P
*
*
7/23/14 [Insert Federal Register citation].
*
*
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
mstockstill on DSK4VPTVN1PROD with RULES
[EPA–R09–OAR–2014–0495; FRL–9914–17–
Region 9]
Interim Final Determination To Stay
and Defer Sanctions, Clark County
Department of Air Quality
Environmental Protection
Agency (EPA).
AGENCY:
ACTION:
VerDate Mar<15>2010
16:02 Jul 22, 2014
Jkt 232001
PO 00000
Interim final rule.
Frm 00039
Fmt 4700
*
*
This action addresses the following CAA
elements:
110(a)(2)(A),
(B),
(C),
(D)(i)(II), (D)(ii), (E), (F), (G), (H), (J),
(K), (L), and (M).
Sfmt 4700
*
*
The Environmental Protection
Agency 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 Clark County Department of Air
Quality (Clark or DEQ) portion of the
Nevada State Implementation Plan (SIP)
published elsewhere in this Federal
Register. The SIP revision concerns six
permitting rules (referred to as Sections)
submitted by Clark: Sections 0—
Definitions, 12.0—Applicability,
General Requirements and Transition
SUMMARY:
E:\FR\FM\23JYR1.SGM
23JYR1
mstockstill on DSK4VPTVN1PROD with RULES
42686
Federal Register / Vol. 79, No. 141 / Wednesday, July 23, 2014 / Rules and Regulations
Procedures, 12.1—Permit Requirements
for Minor Sources, 12.2—Permit
Requirements for Major Sources in
Attainment Areas, 12.3—Permit
Requirements for Major Sources in
Nonattainment Areas, 12.4—Authority
to Construct Application and Permit
Requirements For Part 70 Sources, and
subsection 12.7.5 of Section 12.7—
Emission Reduction Credits.
DATES: This interim final determination
is effective on July 23, 2014. However,
comments will be accepted until August
22, 2014.
ADDRESSES: Submit comments,
identified by docket number EPA–R09–
OAR–2014–0495, 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
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
VerDate Mar<15>2010
16:02 Jul 22, 2014
Jkt 232001
hours with the contact listed in the FOR
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.
Clark’s amended rules, 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.
I. Background
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 Clark County Sections
0—Definitions, 12.0—Applicability,
General Requirements and Transition
Procedures, 12.1—Permit Requirements
for Minor Sources, 12.2—Permit
Requirements for Major Sources in
Attainment Areas, 12.3—Permit
Requirements for Major Sources in
Nonattainment Areas, 12.4—Authority
to Construct Application and Permit
Requirements For Part 70 Sources,
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-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
FURTHER INFORMATION CONTACT
On October 18, 2012 (77 FR 64039),
we published a limited approval and
limited disapproval of 6 Clark County
rules: Sections 0-Definitions, 12.0—
Applicability, General Requirements
and Transition Procedures, 12.1—
Permit Requirements for Minor Sources,
12.2—Permit Requirements for Major
Sources in Attainment Areas, 12.3—
Permit Requirements for Major Sources
in Nonattainment Areas, 12.4—
Authority to Construct Application and
Permit Requirements For Part 70
Sources. We based our limited
disapproval action on certain
deficiencies in the submitted rules. This
disapproval action started a sanctions
clock for imposition of offset sanctions
18 months after October 18, 2012 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 March 18, 2014, Clark adopted
amended versions of these rules, which
were intended to correct the
deficiencies identified in our October
18, 2012 limited approval and limited
disapproval action. On April 1, 2014,
the State submitted these amended rules
to EPA. In the Proposed Rules section of
today’s Federal Register, we are
proposing to fully approve these rules
because we believe it corrects the
deficiencies identified in our October
18, 2012 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,
which went into effect on May 18, 2014,
and to defer the imposition of the
highway sanctions that were triggered
by our October 18, 2012 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
PO 00000
Frm 00040
Fmt 4700
Sfmt 4700
E:\FR\FM\23JYR1.SGM
23JYR1
Federal Register / Vol. 79, No. 141 / Wednesday, July 23, 2014 / Rules and Regulations
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)).
mstockstill on DSK4VPTVN1PROD with RULES
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
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.
VerDate Mar<15>2010
16:02 Jul 22, 2014
Jkt 232001
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 July
23, 2014. 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
Court of Appeals for the appropriate
circuit by September 22, 2014. 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: June 19, 2014.
Jared Blumenfeld,
Regional Administrator, Region IX.
[FR Doc. 2014–17327 Filed 7–22–14; 8:45 am]
BILLING CODE 6560–50–P
PO 00000
Frm 00041
Fmt 4700
Sfmt 4700
42687
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–HQ–ES–2014–0015;
92100–1111–0000]
RIN 1018–AY49
Endangered and Threatened Wildlife
and Plants; Marine and Anadromous
Taxa: Additions, Removal, Updates,
and Corrections to the List of
Endangered and Threatened Wildlife
Fish and Wildlife Service,
Interior.
ACTION: Final rule.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), are amending
the List of Endangered and Threatened
Wildlife (List) by adding several marine
taxa, removing one species, and revising
the entries of many more in accordance
with the Endangered Species Act of
1973, as amended (Act). These
amendments are based on previously
published determinations by the
National Marine Fisheries Service
(NMFS) of the National Oceanic and
Atmospheric Administration,
Department of Commerce, which has
jurisdiction for these species.
DATES: This rule is effective July 23,
2014. For the applicability date for the
status of newly listed taxa, see the
individual species documents
referenced in SUPPLEMENTARY
INFORMATION.
FOR FURTHER INFORMATION CONTACT:
Michael Franz, 703–358–2171.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
In accordance with the Act (16 U.S.C.
1531 et seq.) and Reorganization Plan
No. 4 of 1970 (35 FR 15627; October 6,
1970), NMFS has jurisdiction over the
marine and anadromous taxa specified
in this rule. Under section 4(a)(2) of the
Act, NMFS must decide whether a
species under its jurisdiction should be
classified as endangered or threatened.
NMFS makes these determinations via
its rulemaking process. We, the Service,
are then responsible for publishing final
rules to amend the List in the Code of
Federal Regulations (CFR) at 50 CFR
17.11(h).
As described below and set forth at
the table in the rule portion of this
document, NMFS has published rules
regarding each of the species mentioned
in this rule. Section 4(a)(2)(A) applies to
all of the rules except that for the Steller
sea lion (Eastern DPS); with respect to
those rules, by publishing this final rule,
E:\FR\FM\23JYR1.SGM
23JYR1
Agencies
[Federal Register Volume 79, Number 141 (Wednesday, July 23, 2014)]
[Rules and Regulations]
[Pages 42685-42687]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-17327]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2014-0495; FRL-9914-17-Region 9]
Interim Final Determination To Stay and Defer Sanctions, Clark
County Department of Air Quality
AGENCY: Environmental Protection Agency (EPA).
ACTION: Interim final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency 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 Clark County Department of Air Quality (Clark or DEQ)
portion of the Nevada State Implementation Plan (SIP) published
elsewhere in this Federal Register. The SIP revision concerns six
permitting rules (referred to as Sections) submitted by Clark: Sections
0--Definitions, 12.0--Applicability, General Requirements and
Transition
[[Page 42686]]
Procedures, 12.1--Permit Requirements for Minor Sources, 12.2--Permit
Requirements for Major Sources in Attainment Areas, 12.3--Permit
Requirements for Major Sources in Nonattainment Areas, 12.4--Authority
to Construct Application and Permit Requirements For Part 70 Sources,
and subsection 12.7.5 of Section 12.7--Emission Reduction Credits.
DATES: This interim final determination is effective on July 23, 2014.
However, comments will be accepted until August 22, 2014.
ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2014-0495, 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 October 18, 2012 (77 FR 64039), we published a limited approval
and limited disapproval of 6 Clark County rules: Sections 0-
Definitions, 12.0--Applicability, General Requirements and Transition
Procedures, 12.1--Permit Requirements for Minor Sources, 12.2--Permit
Requirements for Major Sources in Attainment Areas, 12.3--Permit
Requirements for Major Sources in Nonattainment Areas, 12.4--Authority
to Construct Application and Permit Requirements For Part 70 Sources.
We based our limited disapproval action on certain deficiencies in the
submitted rules. This disapproval action started a sanctions clock for
imposition of offset sanctions 18 months after October 18, 2012 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 March 18, 2014, Clark adopted amended versions of these rules,
which were intended to correct the deficiencies identified in our
October 18, 2012 limited approval and limited disapproval action. On
April 1, 2014, the State submitted these amended rules to EPA. In the
Proposed Rules section of today's Federal Register, we are proposing to
fully approve these rules because we believe it corrects the
deficiencies identified in our October 18, 2012 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, which went into effect on May 18, 2014, and to defer the
imposition of the highway sanctions that were triggered by our October
18, 2012 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 Clark's amended rules, we intend to take subsequent final
action to re-impose 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 Clark County Sections 0--Definitions, 12.0--
Applicability, General Requirements and Transition Procedures, 12.1--
Permit Requirements for Minor Sources, 12.2--Permit Requirements for
Major Sources in Attainment Areas, 12.3--Permit Requirements for Major
Sources in Nonattainment Areas, 12.4--Authority to Construct
Application and Permit Requirements For Part 70 Sources, 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
[[Page 42687]]
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 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 July 23, 2014. 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 Court of Appeals for
the appropriate circuit by September 22, 2014. 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: June 19, 2014.
Jared Blumenfeld,
Regional Administrator, Region IX.
[FR Doc. 2014-17327 Filed 7-22-14; 8:45 am]
BILLING CODE 6560-50-P