[Federal Register Volume 60, Number 75 (Wednesday, April 19, 1995)]
[Rules and Regulations]
[Pages 19522-19523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-9706]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA 144-4-6973b; FRL-5194-6]
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. The revisions include a rule from
the South Coast Air Quality Management District (SCAQMD): SCAQMD Rule
1153, Commercial Bakery Ovens. 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 sanctions clocks were activated
on September 29, 1993. This action will defer the application of the
offset sanctions and defer the application of the highway sanctions.
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 deficiency that started the sanctions
clocks by publishing a final action in the Federal Register. 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: Effective Date: April 19, 1995.
Comments: Comments must be received by May 19, 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:
California Air Resources Board, Stationary Source Division, Rule
Evaluation Section, 2020 ``L'' Street, Sacramento, CA 95814.
South Coast Air Quality Management District, 21865 E. Copley Drive,
Diamond Bar, CA 91765-4182.
FOR FURTHER INFORMATION CONTACT: Christine Vineyard, 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) 744-1197.
SUPPLEMENTARY INFORMATION:
I. Background
On May 13, 1991, the State submitted SCAQMD Rule 1153, Commercial
Bakery Ovens, which EPA disapproved in part on September 29, 1993. 58
FR 50850. 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 a revised
rule on February 24, 1995. The revised rule was adopted by the SCAQMD
on January 13, 1995. In the Proposed Rules section of today's Federal
Register, EPA has proposed full approval of the State of California's
submittal of SCAQMD Rule 1153, Commercial Bakery Ovens.
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 deficiency. Therefore, EPA is
taking this interim 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 full approval of the State's submittal, EPA determines
that the State's submittal is not fully approvable [[Page 19523]] 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 September 29, 1993. However, this action will defer the
application of the offsets sanctions and will defer the imposition of
the highway sanctions. See 59 FR 39832 (Aug. 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 applied, stayed or deferred sanctions. If EPA must
withdraw the proposed full approval based on adverse comments and EPA
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 deficiency that started the sanctions clocks.
Based on this action, imposition of the offset sanctions will be
deferred and imposition of the highway sanctions will be deferred until
EPA's final action fully approving the State's submittal becomes
effective 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 deficiency identified in EPA's limited disapproval
actions, relief from sanctions should be provided as quickly as
possible. Therefore, EPA is invoking the good cause exception under the
Administrative Procedure Act 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.
\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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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 notice is to relieve
a restriction. See 5 U.S.C. 553(d)(1).
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 relations, Reporting and recordkeeping requirements,
Ozone, Volatile organic compounds.
Authority: 42 U.S.C. 7401-7671q.
Dated: April 12, 1995.
John C. Wise,
Acting Regional Administrator.
[FR Doc. 95-9706 Filed 4-18-95; 8:45 am]
BILLING CODE 6560-50-P
