53038 Federal Register / Vol. 78, No. 167 / Wednesday, August 28, 2013 / Rules and Regulations 

and other requirements of this section 

by June 30, 2016, and thereafter. 

* * * * * 

[FR Doc. 2013–20749 Filed 8–27–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2013–0534; FRL–9900–36– 

Region 9] 

Interim Final Determination to Stay and 

Defer Sanctions; California; San 

Joaquin Valley 

AGENCY: U.S. 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 

portion of the California State 

Implementation Plan published 

elsewhere in this Federal Register. The 

revisions concern the Clean Air Act 

nonattainment area contingency 

measure requirement for the 1997 

annual and 24-hour national ambient air 

quality standards for fine particulate 

matter (PM2.5) in the San Joaquin Valley. 

DATES: This interim final determination 

is effective on August 28, 2013. 

However, comments will be accepted 

until September 27, 2013. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2013–0534, by one of the 

following methods: 

• Federal eRulemaking Portal: 

www.regulations.gov. Follow the on-line 

instructions. 

• Email: wicher.frances@epa.gov. 

• Mail or deliver: Frances Wicher 

(AIR–2), U.S. Environmental Protection 

Agency Region 9, 75 Hawthorne Street, 

San Francisco, CA 94105. 

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 9, 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: 

Frances Wicher, EPA Region 9, (415) 

972–3957, wicher.frances@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ refer to EPA. 

I. Background 

On November 9, 2011 (76 FR 69896), 

we published a partial approval and 

partial disapproval of the San Joaquin 

Valley Unified Air Pollution Control 

District’s (SJVUAPCD or District) 2008 

PM2.5 Plan and the California Air 

Resources Board’s (CARB) 2007 State 

Strategy (collectively the ‘‘SJV PM2.5

SIP’’). As part of this action, EPA 

disapproved the contingency measure 

provisions in the SJV PM2.5 SIP as 

failing to meet the requirements of 

Clean Air Act (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 41338, 41357 

to 41559 (July 13, 2011) and 76 FR 

69896, 69924 (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 CAA section 179 and our 

regulations at 40 CFR 52.31. As such, 

offset sanctions applied on July 9, 2013 

and will continue to apply, 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 July 3, 2013, the State of California 

submitted as a SIP revision the 

SJVUAPCD’s ‘‘Quantifying 

Contingencies for the 2008 PM2.5 Plan’’ 

(dated June 20, 2013) (‘‘Contingency 

Measure SIP’’). In the Proposed Rules 

section of today’s Federal Register, we 

are proposing to approve this SIP 

revision because we believe that 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 stay the imposition of 

the offset sanctions and to defer the 

imposition of the highway sanctions 

triggered by our November 9, 2011 

partial disapproval. 

EPA is providing the public with an 

opportunity to comment on this stay 

and deferral of sanctions. If comments 

are submitted that change our 

assessment described in this final 

determination and the proposed full 

approval of the Contingency Measure 

SIP, 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 our partial disapproval 

of the SJV PM2.5 SIP, based on our 

concurrent proposal to approve the 

State’s SIP revision as correcting the 

deficiency that initiated these 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 


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Federal Register / Vol. 78, No. 167 / Wednesday, August 28, 2013 / Rules and Regulations 53039 

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 or 

to keep applied sanctions in place 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 noticeand-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 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 therefore, 

and established an effective date of 

August 28, 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 October 28, 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: August 15, 2013. 

Jared Blumenfeld, 

Regional Administrator, Region 9. 

[FR Doc. 2013–21011 Filed 8–27–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2012–0549; FRL–9395–5] 

Pyraclostrobin; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of pyraclostrobin 

in or on multiple commodities which 

are identified and discussed later in this 

document. This regulation additionally 

removes several permanent and timelimited tolerances that will be 

superseded by tolerances established by 

this action. Interregional Research 

Project Number 4 (IR–4) and BASF 

Corporation requested tolerances 

associated with pesticide petition (PP) 

numbers 2E8069 and 2F8038, 

respectively, under the Federal Food, 

Drug, and Cosmetic Act (FFDCA). 

DATES: This regulation is effective 

August 28, 2013. Objections and 

requests for hearings must be received 

on or before October 28, 2013, and must 

be filed in accordance with the 

instructions provided in 40 CFR part 

178 (see also Unit I.C. of the 

SUPPLEMENTARY INFORMATION). 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2012–0549, is 

available at http://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), EPA West 

Bldg., Rm. 3334, 1301 Constitution Ave. 

NW., Washington, DC 20460–0001. The 

Public Reading Room is open from 8:30 

a.m. to 4:30 p.m., Monday through 

Friday, excluding legal holidays. The 

telephone number for the Public 

Reading Room is (202) 566–1744, and 

the telephone number for the OPP 

Docket is (703) 305–5805. Please review 

the visitor instructions and additional 

information about the docket available 

at http://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: Lois 

Rossi, Registration Division (7505P), 


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