Federal Register / Vol. 77, No. 81 / Thursday, April 26, 2012 / Rules and Regulations 24857 

Name of nonregulatory SIP 

provision 

Applicable geographic or 

nonattainment area 

State submittal date/adopted date EPA approval date and 

citation 5 Explanations 

*******

XII. South Dakota Regional 

Haze State Implementation Plan.

Statewide .......................... Submitted: 1/21/11 ............ 4/26/12, [Insert Federal 

Register page number 

where the document begins.] 

Excluding portions of the 

following: Sections 7.2, 

7.3, 7.4, and 8.5 because these provisions 

were superseded by a 

later submittal. 

XIII. South Dakota Regional Haze State Implementation Plan, Amendment.Statewide .......................... Submitted: 9/19/11 ............ 4/26/12, [Insert Federal 

Register page number 

where the document begins.] 

Including only portions of 

the following: Sections 

7.2, 7.3, 7.4, and 8.5; 

excluding all other portions of the submittal. 

5 In order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this column for the particular provision. 

[FR Doc. 2012–8988 Filed 4–25–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2012–0266; FRL–9665–5] 

Interim Final Determination To Stay 

and Defer Sanctions, San Joaquin 

Valley Unified Air Pollution Control 

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 revisions to the San Joaquin Valley 

Unified Air Pollution Control District 

(SJVUAPCD) portion of the California 

State Implementation Plan (SIP) 

published elsewhere in this Federal 

Register. The revisions concern 

SJVUAPCD Rule 4352, Solid Fuel Fired 

Boilers, Steam Generators and Process 

Heaters. 

DATES: This interim final determination 

is effective on April 26, 2012. However, 

comments will be accepted until May 

29, 2012. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2012–0266, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov. Follow the on-line 

instructions. 

2. Email: steckel.andrew@epa.gov. 

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 

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: 

Andrew Steckel, EPA Region IX, (415) 

947–4115, steckel.andrew@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’ 

and ‘‘our’’ refer to EPA. 

I. Background 

On October 1, 2010 (75 FR 60623), we 

published a limited approval and 

limited disapproval of SJVUAPCD Rule 

4352 as adopted locally on May 18, 

2006 and submitted by the State on 

October 5, 2006. 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 November 1, 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. 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 December 15, 2011, SJVUAPCD 

adopted revisions to Rule 4352 that 

were intended to correct the 

deficiencies identified in our October 1, 

2010 limited approval and limited 

disapproval action. On February 23, 

2012, the State submitted the revised 

rule to EPA. In the Proposed Rules 

section of today’s Federal Register, we 

are proposing to fully approve this 

revised rule because we believe it 

corrects the deficiencies identified in 

our October 1, 2010 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 

October 1, 2010 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 the proposed full approval of 

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24858 Federal Register / Vol. 77, No. 81 / Thursday, April 26, 2012 / Rules and Regulations 

revised SJVUAPCD Rule 4352, 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 SJVUAPCD Rule 4352 

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-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 

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 therefor, 

and established an effective date of 

April 26, 2012. 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 June 25, 2012. 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, Intergovernmental 

regulations, Nitrogen dioxide, Ozone, 

Particulate matter, Reporting and 

recordkeeping requirements. 

Dated: April 13, 2012. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

[FR Doc. 2012–10077 Filed 4–25–12; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 64 

[Docket ID FEMA–2012–0003; Internal 

Agency Docket No. FEMA–8227] 

Suspension of Community Eligibility 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

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