[Federal Register Volume 59, Number 236 (Friday, December 9, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-30326]
[[Page Unknown]]
[Federal Register: December 9, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA 102-1-6744c; FRL-5120-3]
Approval and Promulgation of Implementation Plans; California
State Implementation Plan Revision; Interim Final Determination That
State Has Corrected the Deficiency
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 revisions to the California
State Implementation Plan. The revisions concern Bay Area Air Quality
Management District Regulation 8, Rules 11, 16, and 28. 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 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 approvals,
EPA is making an interim final determination by this action that the
State has corrected the deficiencies for which sanctions clocks began
on July 12, 1993, May 13, 1993, and June 16, 1993, respectively. The
interim final action will defer the application of the offset sanctions
and defer the application of the highway sanctions. Although the
interim final determination 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 clocks. If
comments are received on EPA's proposed approval and this interim final
action, EPA will publish a final action taking into consideration any
comments received.
DATES: This interim final rule is effective on December 9, 1994.
Comments must be received by January 9, 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:
Environmental Protection Agency, Air Docket 6102, 401 ``M'' Street
SW., Washington DC 20460.
California Air Resources Board, Stationary Source Division, Rule
Evaluation Section, 2020 ``L'' Street, Sacramento, CA 95814.
Bay Area Air Quality Management District, 939 Ellis Street, San
Francisco, CA 94109.
FOR FURTHER INFORMATION CONTACT: Daniel A. Meer, Chief, 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 December 31, 1990 the State submitted BAAQMD's Regulation 8,
Rule 11, Metal Container, Closure, and Coil Coating; Rule 16, Solvent
Cleaning Operations; and Rule 28 Pressure Relief Valves at Petroleum
Refineries and Chemical Plants. EPA published limited disapprovals for
Rule 11, Rule 16, and Rule 28 in the Federal Register on July 12, 1993,
May 13, 1993, and June 16, 1993, respectively. 58 FR 37421, 58 FR
28356, 58 FR 33194. EPA's disapproval actions started 18-month clocks
for the mandatory application of one sanction (followed by a second
sanction 6 months later) under section 179 of the Clean Air Act (Act)
and 24-month clocks for promulgation of a Federal Implementation Plan
(FIP) under section 110(c) of the Act. The State subsequently submitted
revised rules on September 28, 1994. EPA has taken direct final action
on this submittal 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 BAAQMD's Regulation 8, Rules 11, 16,
and 28. In addition, in the Proposed Rules section of today's Federal
Register, EPA has proposed full approval of the State's submittal.
Based on the proposed and direct final 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 the action
deferring application of sanctions 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 an action, the application of sanctions will
continue to be deferred and or stayed.
This action does not stop the mandatory sanctions clocks that
started for this area on July 12, 1993, May 13, 1993, or June 16, 1993.
However, this action will defer the application of the offsets
sanctions and will defer the application of the highway sanctions. 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 mandatory sanctions clocks and will permanently
lift any applied, stayed or deferred sanctions. If EPA withdraws the
direct final action based on adverse comments and EPA subsequently
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, 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 deficiencies that started the sanctions
clocks. Based on this action, application of the offset sanctions will
be deferred and application of the highway sanctions 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 mandatory sanctions clocks will be permanently stopped
and any applied, stayed or deferred sanctions will be permanently
lifted.
Because EPA has 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 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 that 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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The Office of Management and Budget (OMB) has exempted this action
from review under Executive Order 12866.
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 rules 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: December 1, 1994.
Nora L. McGee,
Acting Regional Administrator.
[FR Doc. 94-30326 Filed 12-8-94; 8:45 am]
BILLING CODE 6560-50-W
