[Federal Register Volume 60, Number 135 (Friday, July 14, 1995)]
[Rules and Regulations]
[Pages 36225-36227]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-17267]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA 144-5-7100c; FRL-5256-5]
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 1106, 1107, 1115 and 1171
and Santa Barbara County Air Pollution Control District's (SBAPCD)
Rules 323 and 339. 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
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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 notice taking into consideration any comments
received.
DATES: This interim final determination is effective on July 14, 1995.
Comments must be received by August 14, 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,
S.W., 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
Santa Barbara County Air Pollution Control District, 26 Castilian
Drive B-23, Goleta, CA 93117
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 May 13, 1993, the State submitted SCAQMD's Rule 1106, Marine
Coating Operations and Rule 1107, Coating of Metal Parts and Products;
on June 19, 1992 the State submitted SCAQMD's Rule 1171, Solvent
Cleaning Operations and SBAPCD's Rule 339, Motor Vehicle and Mobile
Equipment Coating Operations; on December 31, 1990 the State submitted
SBCAPCD's Rule 323, Architectural Coatings and on September 14, 1992
the State submitted SCAQMD's Rule 1115, Motor Vehicle Assembly Line
Coating Operations. EPA published a limited disapproval for these rules
in the Federal Register on December 20, 1993; 58 FR 66282 and 58 FR
66285 respectively. 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 a
revised SCAQMD Rule 1106 on February 24, 1995, a revised SBAPCD Rule
339 on April 13, 1995, a revised SBAPCD Rule 323 on May 24, 1995 and
SCAQMD Rules 1107, 1115 and 1171 on June 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 Rule 1106, Marine
Coating Operations; SCAQMD's Rule 1107, Coating of Metal Parts and
Products; SCAQMD's Rule 1115, Motor Vehicle Assembly Line Coating
Operations; SCAQMD's Rule 1171, Solvent Cleaning Operations and
SBAPCD's Rule 323, Architectural Coatings and SBAPCD's Rule 339, Motor
Vehicle and Mobile Equipment Coating Operations. 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 deficiency. 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 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 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
these areas on January 20, 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 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
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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).
\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.
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,
Intergovernmental regulations, Reporting and recordkeeping
requirements, Ozone, Volatile organic compounds.
Authority: 42 U.S.C. 7401-7671q.
Dated: June 27, 1995.
Felicia Marcus,
Regional Administrator.
[FR Doc. 95-17267 Filed 7-13-95; 8:45 am]
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