894 Federal Register / Vol. 78, No. 4 / Monday, January 7, 2013 / Rules and Regulations 

relevant requirements of the CAA prior 

to the time the sanctions would take 

effect. Lastly, we are taking final action 

to apply the provisions in 40 CFR 52.31 

regarding staying the sanctions clock 

and deferring the imposition of 

sanctions where we make a preliminary 

finding that it is more likely than not 

that the deficiency has been corrected. 

A FIP clock triggered by a finding of 

failure to submit or a disapproval of a 

submitted SIP can be stopped only by 

EPA approval of a SIP revision 

correcting the SIP deficiency. 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, a finding of 

substantial inadequacy and subsequent 

obligation on a State to revise its SIP 

arise out of section 110(a) and 110(k)(5). 

The finding and State obligation do not 

directly impose any new regulatory 

requirements. In addition, the State 

obligation is not legally enforceable by 

a court of law. EPA would review its 

intended action on any SIP submittal in 

response to the finding in light of 

applicable statutory and Executive 

Order requirements, in subsequent 

rulemaking acting on such SIP 

submittal. For those reasons, this rule: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• 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); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the Tribes 

with Indian country in the subject ozone 

nonattainment area would not be 

subject to the deadline established 

herein for the State of California nor 

would they be subject to the imposition 

of mandatory sanctions if California 

were to fail to submit a complete SIP 

revision or if EPA were to disapprove 

the SIP revision submitted by California 

in response to this final SIP call, and 

EPA notes that it will not impose 

substantial direct costs on tribal 

governments or preempt tribal law. 

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 

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 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 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).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Ozone, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: December 19, 2012. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

[FR Doc. 2012–31642 Filed 1–4–13; 8:45 am] 

BILLING CODE 6560–50–P 

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. 

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: 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 


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Federal Register / Vol. 78, No. 4 / Monday, January 7, 2013 / Rules and Regulations 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, 

vineyard.christine@epa.gov. 

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 

Local agency Rule No. Rule title Adopted Submitted 

ICAPCD ........................................ 800 General Requirements for Controls of Fine Particulate Matter ........ 11/08/05 06/16/06 

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 Practices ............................................... 11/08/05 06/16/06 

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-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 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 


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896 Federal Register / Vol. 78, No. 4 / Monday, January 7, 2013 / Rules and Regulations 

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] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2012–0274; FRL–9730–4] 

Revisions to the California State 

Implementation Plan, Imperial County 

Air Pollution Control District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is finalizing approval of 

revisions to the Imperial County Air 

Pollution Control District (ICAPCD) 

portion of the California State 

Implementation Plan (SIP). This action 

was proposed in the Federal Register on 

April 27, 2012 and concerns oxides of 

nitrogen (NOx) emissions from certain 

boilers, process heaters and steam 

generators. We are approving a local 

rule that regulates these emission 

sources under the Clean Air Act (CAA 

or the Act). 

DATES: This rule will be effective on 

February 6, 2013. 

ADDRESSES: EPA has established docket 

number EPA–R09–OAR–2012–0274 for 

this action. Generally, documents in the 

docket for this action are available 

electronically at http:// 

www.regulations.gov or in hard copy at 

EPA Region IX, 75 Hawthorne Street, 

San Francisco, California. While all 

documents in the docket are listed at 

http://www.regulations.gov, some 

information may be publicly available 

only at the hard copy location (e.g., 

copyrighted material, large maps, multivolume reports), and some may not be 

available in either location (e.g., 

confidential business information 

(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: 

Idalia Pe ́rez, EPA Region IX, (415) 972– 

3248, perez.idalia@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. Proposed Action 

II. Public Comments and EPA Responses 

III. EPA Action 

IV. Statutory and Executive Order Reviews 

I. Proposed Action 

On April 27, 2012 (77 FR 25109), EPA 

proposed to approve the following rule 

into the California SIP. 

Local agency Rule No. Rule title Adopted Submitted 

ICAPCD ...................... 400.2 Boilers, Process Heaters and Steam Generators ........................................ 02/23/10 07/20/10 

We proposed to approve this rule 

because we determined that it complied 

with the relevant CAA requirements. 

Our proposed action contains more 

information on the rule and our 

evaluation. 

II. Public Comments and EPA 

Responses 

EPA’s proposed action provided a 30- 

day public comment period. During this 

period, we received no comments. 

III. EPA Action 

No comments were submitted. 

Therefore, as authorized in section 

110(k)(3) of the Act, EPA is fully 

approving this rule into the California 

SIP. 

IV. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 


TKELLEY on DSK3SPTVN1PROD with