[Federal Register Volume 78, Number 4 (Monday, January 7, 2013)]
[Rules and Regulations]
[Pages 894-896]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-31732]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2012-0960; FRL-9766-4]
Interim Final Determination To Stay Sanctions, Imperial County
Air Pollution Control District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Interim final rule.
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SUMMARY: EPA is making an interim final determination to stay
imposition of sanctions based on a proposed approval of revisions to
the Imperial County Air Pollution Control District (ICAPCD) portion of
the California State Implementation Plan (SIP) published elsewhere in
this Federal Register. The revisions concern local rules that regulate
inhalable particulate matter (PM10) emissions from sources
of fugitive dust such as unpaved roads and disturbed soils in open and
agricultural areas in Imperial County.
DATES: This interim final determination is effective on January 7,
2013. However, comments will be accepted until February 6, 2013.
ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2012-0960, by one of the following methods:
1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-
line instructions.
2. Email: [email protected].
3. Mail or deliver: Andrew Steckel (Air-4), 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 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 www.regulations.gov or email.
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
[[Page 895]]
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 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 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: Christine Vineyard, EPA Region IX,
(415) 947-4125, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to EPA.
I. Background
On July 8, 2010 (75 FR 39366), we published a limited approval and
limited disapproval of the following rules listed in Table 1, as
adopted locally on November 9, 2005 and submitted by the State on June
16, 2006.
Table 1
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Local agency Rule No. Rule title Adopted Submitted
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ICAPCD................................... 800 General Requirements for 11/08/05 06/16/06
Controls of Fine Particulate
Matter.
ICAPCD................................... 804 Open Areas...................... 11/08/05 06/16/06
ICAPCD................................... 805 Paved & Unpaved Roads........... 11/08/05 06/16/06
ICAPCD................................... 806 Conservation Management 11/08/05 06/16/06
Practices.
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We based our limited disapproval action on certain deficiencies in
the submittal. This disapproval action started a sanctions clock for
imposition of offset sanctions 18 months after August 9, 2010 and
highway sanctions 6 months later, pursuant to section 179 of the Clean
Air Act (CAA) and our regulations at 40 CFR 52.31. As such, offset
sanctions began on February 9, 2012 and highway sanctions began on
August 9, 2012.
On October 16, 2012, ICAPCD adopted revisions to Rules 800, 804,
805, and 806 that were intended to correct the deficiencies identified
in our limited disapproval action. On November 7, 2012, the State
submitted these revisions to EPA. In the Proposed Rules section of
today's Federal Register, we have proposed approval of this submittal
because we believe it corrects the deficiencies identified in our July
8, 2010 disapproval action. Based on today's proposed approval, we are
taking this final rulemaking action, effective on publication, to stay
imposition of sanctions that were triggered by our July 8, 2010 limited
disapproval.
EPA is providing the public with an opportunity to comment on this
stay of sanctions. If comments are submitted that change our assessment
described in this final determination and the proposed full approval of
revised ICAPCD Rules 800, 804, 805, and 806, we intend to take
subsequent final action to reimpose sanctions pursuant to 40 CFR
51.31(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 CAA section
179 sanctions associated with ICAPCD Rules 800, 804, 805, and 806 based
on our concurrent proposal to approve the State's SIP revision as
correcting 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 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 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 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 (Public Law 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
[[Page 896]]
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 January 7, 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 Court of Appeals for
the appropriate circuit by March 8, 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, Ozone, Particulate matter,
Reporting and recordkeeping requirements.
Dated: December 17, 2012.
Jared Blumenfeld,
Regional Administrator, Region IX.
[FR Doc. 2012-31732 Filed 1-4-13; 8:45 am]
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