[Federal Register Volume 62, Number 197 (Friday, October 10, 1997)]
[Rules and Regulations]
[Pages 52946-52947]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-26855]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA 198-0056; FRL-5907-2]
California State Implementation Plan Revision; Interim Final
Determination That State Has Corrected Deficiencies
AGENCY: Environmental Protection Agency (EPA).
ACTION: Interim final determination.
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SUMMARY: Elsewhere in today's Federal Register, EPA has published a
notice of proposed rulemaking fully approving revisions to the
California State Implementation Plan (SIP). The revisions concern a
rule from the San Diego County Air Pollution Control District
(SDCAPCD): Rule 67.10, Kelp Processing and Bio-Polymer Manufacturing
Operations. 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 sanctions clocks began on April 15, 1996.
This action will defer the imposition of the offsets sanction and defer
the imposition of the highway sanction. Although the interim final
action is effective upon publication, EPA will take comment. If no
comments are received on EPA's proposed approval of the State's
submittal, EPA will finalize its determination that the State has
corrected the deficiencies that started the sanctions clocks by
publishing a notice of final rulemaking in the Federal Register. If
comments are received on EPA's proposed approval and this interim final
action, EPA will publish a final rule taking into consideration any
comments received.
DATES: Effective: October 10, 1997. Comments must be received by
November 10, 1997.
ADDRESSES: Comments should be sent to Andrew Steckel, Rulemaking Office
(AIR-4), Air Division, U.S. Environmental Protection Agency, Region IX,
75 Hawthorne Street, San Francisco, 94105-3901.
The state submittal and EPA's analysis for that submittal, which
are the basis for this action, are available for public review at the
above address and at the following locations:
San Diego County Air Pollution Control District, 9150 Chesapeake Drive,
San Diego, CA 92123-1096
California Air Resources Board, Stationary Source Division, Rule
Evaluation Section, 2020 ``L'' Street, Sacramento, CA 95814.
FOR FURTHER INFORMATION CONTACT: Patricia A. Bowlin, Rulemaking Office
(AIR-4), Air Division, U.S. Environmental Protection Agency, Region IX,
75 Hawthorne Street, San Francisco, CA 94105-3901, (415) 744-1188.
SUPPLEMENTARY INFORMATION:
I. Background
On July 13, 1994, the State submitted SDCAPCD Rule 67.10, Kelp
Processing and Bio-Polymer Manufacturing Operations. EPA published a
limited approval/limited disapproval for this rule in the Federal
Register on February 14, 1996. 61 FR 5701. EPA's disapproval action
started an 18-month clock for the imposition of one sanction (followed
by a second sanction 6 months later) under section 179 of the Clean Air
Act (Act) and a 24-month clock for promulgation of a Federal
Implementation Plan (FIP) under section 110(c) of the Act. The State
subsequently submitted a revised rule on August 1, 1997. The revised
rule was adopted by SDCAPCD on June 25, 1997. In the Proposed Rules
section of today's Federal Register, EPA has proposed full approval of
the State of California's submittal of SDCAPCD's Rule 67.10, Kelp
Processing and Bio-Polymer Manufacturing Operations.
Based on the proposed 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 interim final rulemaking action, effective on publication,
finding that the State has corrected the deficiencies. However, EPA is
also providing the public with an
[[Page 52947]]
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 not been corrected. Until EPA takes such
action, the application of sanctions will continue to be deferred and/
or stayed.
This action does not stop the sanctions clocks that started for
this area on April 15, 1996. However, this action will defer the
imposition of the offsets sanction and will defer the imposition of the
highway sanction. See 59 FR 39832 (August 4, 1994). If EPA publishes a
notice of final rulemaking fully approving the State's submittal, such
action will permanently stop the sanctions clock and will permanently
lift any imposed, stayed, or deferred sanctions. If EPA must withdraw
the proposed full approval based on adverse comments and EPA
susequently determines that the State, in fact, did not correct the
disapproval deficiencies, the sanctions consequences described in the
sanctions rule will apply. See 59 FR 39832, codified at 40 CFR 52.31.
II. EPA Action
EPA is taking interim final action finding that the State has
corrected the disapproval deficiencies that started the sanctions
clocks. Based on this action, imposition of the offsets sanction will
be deferred and imposition of the highway sanction will be deferred
until EPA's final action fully approving the State's submittal becomes
effective or until EPA proposes or takes final action disapproving in
whole or part the State submittal. If EPA's proposed rulemaking action
fully approving the State submittal becomes final, 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
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.1 5 U.S.C.
553(b)(3). EPA believes that notice-and-comment 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
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 temporarily stay or 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 document is to
relieve a restriction. See 5 U.S.C. 553(d)(1).
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\1\ As previously noted, 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.
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III. Administrative Requirements
A. Executive Order 12866
The Office of Management and Budget (OMB) has exempted this
regulatory action from E.O. 12866 review.
B. Regulatory Flexibility Act
Under the Regulatory Flexibility Act, 5 U.S.C. 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. 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
potentially placed on them by the sanctions provisions of the Act.
Therefore, I certify that it does not have an impact on any small
entities.
C. 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. This rule may bind State, local, and tribal governments to perform
certain actions and also require the private sector to perform certain
duties. The rule being proposed for approval 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 action does not
include a mandate that may result in estimated costs of $100 million or
more to State, local, or tribal governments in the aggregate or to the
private sector.
D. Submission to Congress and the General Accounting Office
Under section 801(a)(1)(A) of the Administrative Procedure Act
(APA) as amended by the Small Business Regulatory Enforcement Fairness
Act of 1996, EPA submitted 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 General Accounting
Office prior to publication of the rule in today's Federal Register.
This rule is not a ``major rule'' as defined by section 804(2) of the
APA as amended.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Intergovernmental regulations, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401-7671q.
Dated: October 1, 1997.
Harry Seraydarian,
Acting Regional Administrator.
[FR Doc. 97-26855 Filed 10-9-97; 8:45 am]
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