[Federal Register Volume 61, Number 15 (Tuesday, January 23, 1996)]
[Rules and Regulations]
[Pages 1718-1720]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-776]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA 157-1-7223c; FRL-5317-4]
Interim Final Determination That State Has Corrected the
Deficiency; State of California; Sacramento Metropolitan Air Quality
Management District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Interim final rule.
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SUMMARY: Elsewhere in today's Federal Register, EPA has published a
direct final rulemaking fully approving portions of the State of
California's submittal of its State Implementation Plan (SIP) revision.
EPA has also published a proposed rulemaking to provide the public with
an opportunity to comment on EPA's action. If a person submits adverse
comments on EPA's proposed action, EPA will withdraw its direct final
action and will consider any comments received before taking final
action on the State's submittal. Based on the proposed full approval,
EPA is making an interim final determination by this action that the
State has corrected the deficiencies for which a sanctions clock began
on July 9, 1994.
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This action will defer the imposition of the offset sanction and defer
the imposition of the highway sanction. Although this action is
effective upon publication, EPA will take comment. If no comments are
received on EPA's proposed approval of the State's submittal, the
direct final action published in today's Federal Register will also
finalize EPA's determination that the State has corrected the
deficiencies that started the sanctions clock. If comments are received
on EPA's proposed approval and this interim final action, EPA will
publish a final notice taking into consideration any comments received.
DATES: Effective date: January 23, 1996. Comments must be received by
February 22, 1996.
ADDRESSES: Comments should be sent to Daniel A. Meer, Rulemaking
Section (A-5-3), Air and Toxics Division, U.S. Environmental Protection
Agency, Region IX, 75 Hawthorne Street, San Francisco, CA 94105.
The rules and EPA's analysis for each rule, which are the basis for
this action, are available for public review at the above address.
Copies of the submitted rules are also available for inspection at the
following locations:
California Air Resources Board, Stationary Source Division, Rule
Evaluation Section, 2020 ``L'' Street, Sacramento, CA 95814.
Sacramento Metropolitan Air Quality Management District, 8411 Jackson
Road, Sacramento, CA 95826.
FOR FURTHER INFORMATION CONTACT: Mae Wang, Rulemaking Section (A-5-3),
Air and Toxics Division, U.S. Environmental Protection Agency, Region
IX, 75 Hawthorne Street, San Francisco, CA 94105, Telephone: (415) 744-
1200.
SUPPLEMENTARY INFORMATION:
Background
On June 19, 1992, the State submitted Sacramento Metropolitan Air
Quality Management District (SMAQMD) Rule 448, Gasoline Transfer into
Stationary Storage Containers, and Rule 449, Transfer of Gasoline into
Vehicle Fuel Tanks, which EPA disapproved in part on June 9, 1994, 59
FR 29731. EPA's disapproval action started an 18-month clock for the
imposition of one sanction (followed by a second sanction 6 months
later) and a 24-month clock for promulgation of a Federal
Implementation Plan (FIP). The State subsequently submitted revised
rules on August 10, 1995. EPA has taken direct final action on these
rules pursuant to its modified direct final policy set forth at 59 FR
24054 (May 10, 1994). In the Rules section of today's Federal Register,
EPA has issued a direct final full approval of the State of
California's submittal of these SIP rule revisions. In addition, in the
Proposed Rules section of today's Federal Register, EPA has proposed
full approval of these rules.
Based on the direct final full approval set forth in today's
Federal Register, EPA believes that it is more likely than not that the
State has corrected the original disapproval deficiencies. Therefore,
EPA is taking this final rulemaking action, effective on publication,
finding that the State has corrected the deficiencies. However, EPA is
also providing the public with an opportunity to comment on this final
action. If, based on any comments on this action and any comments on
EPA's proposed full approval of the State's submittal, EPA determines
that the State's submittal is not fully approvable and this final
action was inappropriate, EPA will either propose or take final action
finding that the State has not corrected the original disapproval
deficiencies. As appropriate, EPA will also issue an interim final
determination or a final determination that the deficiencies have been
corrected.
This action does not stop the sanctions clock that started for this
area on July 9, 1994. However, this action will defer the imposition of
the offsets sanction and will defer the imposition of the highway
sanction. See 59 FR 39832 (Aug. 4, 1994). If EPA's direct final action
fully approving the State's submittal becomes effective, such action
will permanently stop the sanctions clock and will permanently lift any
imposed, stayed or deferred sanctions. If EPA must withdraw the direct
final action based on adverse comments and EPA subsequently determines
that the State, in fact, did not correct the disapproval deficiencies,
EPA will also determine that the State did not correct the deficiencies
and the sanctions consequences described in the sanctions rule will
apply. See 59 FR 39832, to be codified at 40 CFR 52.31.
EPA Action
EPA is taking interim final action finding that the State has
corrected the disapproval deficiencies that started the sanctions
clock. Based on this action, imposition of the offset sanction will be
deferred and imposition of the highway sanction will be deferred until
EPA's direct final action fully approving the State's submittal becomes
effective or until EPA takes action proposing or finally disapproving
in whole or part the State submittal. If EPA's direct final action
fully approving the State submittal becomes effective, at that time any
sanctions clocks will be permanently stopped and any imposed, stayed or
deferred sanctions will be permanently lifted.
Because EPA has preliminarily determined that the State has an
approvable plan, relief from sanctions should be provided as quickly as
possible. Therefore, EPA is invoking the good cause exception to the
30-day notice requirement of the Administrative Procedure Act because
the purpose of this notice is to relieve a restriction. See 5 U.S.C.
553(d)(1).
Regulatory Process
Small Businesses
Under the Regulatory Flexibility Act, 5 U.S.C. Section 600 et seq.,
EPA must prepare a regulatory flexibility analysis assessing the impact
of any proposed or final rule on small entities. 5 U.S.C. sections 603
and 604. Alternatively, EPA may certify that the rule will not have a
significant economic impact on a substantial number of small entities.
Small entities include small businesses, small not-for-profit
enterprises, and government entities with jurisdiction over populations
of less than 50,000.
This action temporarily relieves sources of an additional burden
placed on them by the sanctions provisions of the CAA. Therefore, I
certify that it does not have an impact on any small entities.
Unfunded Mandates
Under Sections 202, 203, and 205 of the Unfunded Mandates Reform
Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22,
1995, EPA must undertake various actions in association with proposed
or final rules that include a Federal mandate that may result in
estimated costs of $100 million or more to the private sector or to
State, local, or tribal governments in the aggregate.
Through submission of this State implementation plan or plan
revision, the State and any affected local or tribal governments have
elected to adopt the program provided for under part D of the Clean Air
Act. These rules may bind State, local, and tribal governments to
perform certain actions and also require the private sector to perform
certain duties. The rules being approved by this action will impose no
new requirements because affected sources are already subject to these
regulations under State law. Therefore, no additional costs to State,
local, or tribal governments or to the private sector result from this
action. EPA has also determined that this interim final action does not
include a mandate that may result in estimated
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costs of $100 million or more to State, local, or tribal governments in
the aggregate or to the private sector.
The Office of Management and Budget has waived review of this
action from the requirements of Executive Order 12886.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Incorporation by reference, Intergovernmental regulations, Reporting
and recordkeeping, Ozone, and Volatile organic compounds.
Authority: 42 U.S.C. 7401-7671q.
Dated: October 11, 1995.
Felicia Marcus,
Regional Administrator.
[FR Doc. 96-776 Filed 1-22-96; 8:45 am]
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