[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: 94-30329]
[[Page Unknown]]
[Federal Register: December 9, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA 125-1-6804b; FRL-5119-8]
Approval and Promulgation of Implementation Plans; California
State Implementation Plan Revision; Interim Final Determination That
State Has Corrected Deficiencies
AGENCY: Environmental Protection Agency (EPA).
ACTION: Interim final rule.
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SUMMARY: Elsewhere in today's Federal Register EPA has published a
proposed rulemaking fully approving revisions to the California State
Implementation Plan. The revisions concern San Diego County Air
Pollution Control District Rule 67.3, Metal Parts and Products Coating
Operations. The proposed rulemaking provides the public with an
opportunity to comment on EPA's action approving Rule 67.3. Based on
the proposed approval, EPA is making an interim final determination by
this action that the State has corrected the deficiencies for which a
sanctions clock was activated on May 13, 1993. 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 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: The effective date is December 9, 1994.
Comments must be received by January 9, 1995.
ADDRESSES: Comments should be sent to: 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 20460.
California Air Resources Board, Stationary Source Division, Rule
Evaluation Section, 2020 ``L'' Street, Sacramento, CA 95814.
San Diego County Air Pollution Control District, 9150 Chesapeake
Drive, CA 92313-1095.
FOR FURTHER INFORMATION CONTACT: Helen Liu, 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-
1199.
SUPPLEMENTARY INFORMATION:
I. Background
On April 5, 1991, the State submitted San Diego County Air
Pollution Control District (SDCAPCD) Rule 67.3, Metal Parts and
Products Coating Operations, for which EPA published a limited
disapproval in the Federal Register on May 13, 1993. (58 FR 28357).
EPA's limited 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 a revised
rule on November 23, 1994. The revised rule was adopted by the SDCAPCD
on November 1, 1994. In the Proposed Rules section of today's Federal
Register, EPA has proposed full approval of the State's submittal of
SDCAPCD Rule 67.3, Metal Parts and Products Coating 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 final rulemaking action, effective on publication, finding
that the State has corrected the deficiency. 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 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 deficiency.
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 this
area on May 13, 1993. 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 proposal fully
approving the State's submittal becomes final, such action will
permanently stop the sanctions clock and will permanently lift any
applied, stayed or deferred sanctions. If EPA receives adverse comments
and subsequently determines that the State, in fact, did not correct
the disapproval deficiency, 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
clock. Based on this action, application of the offset sanction will be
deferred and application of the highway sanction will be deferred until
EPA takes final rulemaking action fully approving the State's submittal
or until EPA takes action proposing or 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 applied, 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)(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
action, is indicating that it is more likely than not that the State
has corrected the deficiencies 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 deficiencies 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 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. Regulatory Process
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.
The Office of Management and Budget (OMB) has exempted this action
from review under Executive Order 12866.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Intergovernmental regulations, Reporting and recordkeeping, Ozone,
Volatile organic compounds.
Authority: 42 U.S.C. 7401-7671q.
Dated: December 2, 1994.
Nora L. McGee,
Acting Regional Administrator.
[FR Doc. 94-30329 Filed 12-8-94; 8:45 am]
BILLING CODE 6560-50-P
