Federal Register / Vol. 78, No. 121 / Monday, June 24, 2013 / Rules and Regulations 37719 

TABLE 2—2025 PM2.5 MOTOR VEHICLE EMISSIONS BUDGETS FOR NEW JERSEY

[Tons per year] 

Metropolitan planning organization Direct PM2.5 NOX

North Jersey Transportation Planning Authority ..................................................................................................... 1,509 25,437 

Delaware Valley Regional Planning Commission (Mercer County only) ................................................................ 119 2,551 

Delaware Valley Regional Planning Commission (Burlington, Camden, and Gloucester Counties) ..................... 363 8,003 

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. 

Authority: 42 U.S.C. 7401–7671q. 

Dated: June 10, 2013. 

Judith A. Enck, 

Regional Administrator, Region 2. 

[FR Doc. 2013–14908 Filed 6–21–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2013–0384; FRL–9826–3] 

Interim Final Determination To Defer 

Sanctions; California; South Coast Air 

Quality Management District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Interim final rule. 

SUMMARY: EPA is making an interim 

final determination to defer the 

imposition of sanctions based on a 

proposed approval of revisions to the 

South Coast Air Quality Management 

District’s (SCAQMD) portion of the 

California State Implementation Plan 

(SIP) published elsewhere in this 

Federal Register. The revisions concern 

the Clean Air Act (CAA) contingency 

measure requirement for the 1997 

annual and 24-hour national ambient air 

quality standards (NAAQS) for fine 

particulate matter (PM2.5) in the Los 

Angeles-South Coast Air Basin (South 

Coast). 

DATES: This interim final determination 

is effective on June 24, 2013. However, 

comments will be accepted until July 

24, 2013. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2013–0384, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov. Follow the on-line 

instructions. 

2. Email: lo.doris@epa.gov. 

3. Mail or deliver: Doris Lo (Air–2), 

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: 

Doris Lo, EPA Region IX, (415) 972– 

3959, lo.doris@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ refer to EPA. 

I. Background 

On November 9, 2012 (76 FR 69928), 

we published a partial approval and 

partial disapproval of the South Coast 

2007 AQMP and the 2007 State Strategy 

(collectively the ‘‘South Coast PM2.5

SIP’’). As part of this action, EPA 

disapproved the contingency measure 

provisions in the South Coast PM2.5 SIP 

as failing to meet the requirements of 

CAA section 172(c)(9) and 40 CFR 

51.1012, which require that the SIP for 

each PM2.5 nonattainment area contain 

contingency measures to be 

implemented if the area fails to make 

reasonable further progress or to attain 

the NAAQS by the applicable 

attainment date. See 76 FR 41562, 41578 

to 41580 (July 14, 2011) and 76 FR 

69928, 69947 and 69952 (November 9, 

2011). This disapproval action became 

effective on January 9, 2012 and started 

a sanctions clock for imposition of offset 

sanctions 18 months after January 9, 

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. As such, offset 

sanctions will apply on July 9, 2013 and 

highway sanctions will apply on 

January 9, 2014, unless EPA determines 

that the deficiency forming the basis of 

the disapproval has been corrected. 

On November 14, 2011, the State of 

California submitted the ‘‘South Coast 

Air Quality Management District 

Proposed Contingency Measures for the 

2007 PM2.5 SIP’’ (dated October 2011) as 

a SIP revision to correct the deficiency 

identified in our partial disapproval 

action. On April 13, 2013, the SCAQMD 

submitted a technical clarification to the 

SIP revision, including updated 

emissions data for the year 2012. In the 

Proposed Rules section of today’s 

Federal Register, we have proposed to 

approve this submittal because we 

believe it corrects the deficiency 

identified in our November 9, 2011 

partial disapproval action. Based on 

today’s proposed approval, we are 

taking this final rulemaking action, 

effective on publication, to defer the 

imposition of offset and highway 

sanctions triggered by our November 9, 

2011 partial disapproval. 

EPA is providing the public with an 

opportunity to comment on this deferral 

of sanctions. If comments are submitted 

that change our assessment described in 

this final determination and the 

proposed full approval of the SIP 

revision, we intend to take subsequent 


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37720 Federal Register / Vol. 78, No. 121 / Monday, June 24, 2013 / Rules and Regulations 

final action to 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 defer CAA section 179 

sanctions associated with our partial 

disapproval of the South Coast PM2.5

SIP based on our concurrent proposal to 

approve the State’s SIP revision as 

correcting the deficiency that initiated 

sanctions. 

Because EPA has preliminarily 

determined that the State has corrected 

the deficiency identified in EPA’s 

partial 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 

deficiency that started the sanctions 

clocks. Therefore, it is not in the public 

interest to initially impose sanctions 

when the State has most likely done all 

it can to correct the deficiency 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 deficiency prior to the 

rulemaking approving the State’s 

submittal. Therefore, EPA believes that 

it is necessary to use the interim final 

rulemaking process to 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 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 June 

24, 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 August 23, 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: June 12, 2013. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

[FR Doc. 2013–14916 Filed 6–21–13; 8:45 am] 

BILLING CODE 6560–50–P 


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