[Federal Register Volume 60, Number 210 (Tuesday, October 31, 1995)]
[Rules and Regulations]
[Pages 55314-55316]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-26886]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA 162-1-7250c; FRL-5321-3]
Approval and Promulgation of Implementation Plans; California
State Implementation Plan Revision; Interim Final Determination That
State Has Corrected the Deficiencies
AGENCY: Environmental Protection Agency (EPA).
ACTION: Interim final determination.
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SUMMARY: Elsewhere in today's Federal Register, EPA published a direct
final rule fully approving revisions to the California State
Implementation Plan (SIP). The revisions concern South Coast Air
Quality Management District's (SCAQMD) Rules 1130 and 1136. On that
date, EPA 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 within 30 days of publication
of the proposed and direct final actions, 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 deficiency for which a sanctions clock
began on January 20, 1994. This action will defer the application of
the offset sanction and defer the application 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 deficiency that started the sanctions clock. If comments
are received on EPA's proposed approval and this interim final action,
EPA will publish a final document taking into consideration any
comments received.
DATES: This interim final determination is effective on October 31,
1995. Comments must be received by November 30, 1995.
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 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:
[[Page 55315]]
Environmental Protection Agency, Air Docket (6102) 401 ``M'' Street,
SW., Washington 20460
California Air Resources Board, Stationary Source Division, Rule
Evaluation Section, 2020 ``L'' Street, Sacramento, CA 95812-2815
South Coast Air Quality Management District, 21865 E. Copley Drive,
Diamond Bar, CA 91765-4812.
FOR FURTHER INFORMATION CONTACT: 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, Telephone:
(415) 744-1185.
SUPPLEMENTARY INFORMATION:
I. Background
On September 14, 1992, the State submitted SCAQMD's Rule 1130,
Graphics Arts, and on May 13, 1993 the State submitted SCAQMD's Rule
1136, Wood Products Coating. EPA published a limited approval/limited
disapproval for these rules in the Federal Register on April 14, 1994;
59 FR 17697. EPA's disapproval action started an 18-month clock for the
application 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 revised
SCAQMD's Rules 1130 and 1136 on October 16, 1995. EPA has taken direct
final action on these submittals 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 issued a direct final full approval of
the State of California's submittal of SCAQMD's Rules 1130, Graphic
Arts, and 1136, Wood Products Coating. In addition, in the Proposed
Rules section of today's Federal Register, EPA proposed full approval
of the State's submittal.
Based on the proposed and direct final approval, 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 deficiency has not been corrected. Until
EPA takes such an action, the application of sanctions will continue to
be deferred and or stayed.
This action does not stop the sanctions clock that started for
these areas on May 16, 1994. However, this action will defer the
application of the offsets sanction and will defer the application 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 applied, 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 deficiency, EPA will also determine that the State did not
correct the deficiency and the sanctions consequences described in the
sanctions rule will apply. See 59 FR 39832, to be codified at 40 CFR
52.31.
II. EPA Action
EPA is taking interim final action finding that the State has
corrected the disapproval deficiency that started the sanctions clock.
Based on this action, application of the offset sanction will be
deferred and application 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 applied, 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 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)(B). 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 and
direct final action is indicating that it is more likely than not that
the State has corrected the deficiency that started the sanctions
clock. 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 that it can to correct the deficiency that triggered
the sanctions clock. 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 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).
\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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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 the
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. To the extent that the rules being approved by this
action will impose no new requirements; such sources are already
subject to these regulations under State law. Accordingly, no
additional costs to State, local, or tribal governments, or to the
private sector, result from this action. EPA has also determined that
this final 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.
The Office of Management and Budget (OMB) has exempted this action
from review under Executive Order 12866.
[[Page 55316]]
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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Incorporation by reference, Intergovernmental regulations, Reporting
and recordkeeping requirements, Ozone, Volatile organic compounds.
Authority: 42 U.S.C. 7401-7671q.
Dated: October 19, 1995.
John Wise,
Acting Regional Administrator.
[FR Doc. 95-26886 Filed 10-30-95; 8:45 am]
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