94-21410. Approval and Promulgation of Implementation Plans; California State Implementation Plan Revision; Interim Final Determination That State Has Corrected the Deficiency  

  • [Federal Register Volume 59, Number 169 (Thursday, September 1, 1994)]
    [Unknown Section]
    [Page 0]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 94-21410]
    
    
    [[Page Unknown]]
    
    [Federal Register: September 1, 1994]
    
    
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    ENVIRONMENTAL PROTECTION AGENCY
    40 CFR Part 52
    [CA 83-2-6581c; FRL-5061-2]
    
     
    
    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: On August 25, 1994, in the Federal Register, EPA published a 
    direct final rulemaking fully approving revisions to the California 
    State Implementation Plan. The revisions concern the South Coast Air 
    Quality Management District (SCAQMD) Rule 1162, Polyester Resin 
    Operations; Rule 1173, Fugitive Emissions of Volatile Organic 
    Compounds; Rule 1175, Control of Emissions from the Manufacture of 
    Polymeric Cellular (Foam) Products, and Rule 1176, Sumps and Wastewater 
    Separators. 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 November 25, 1992. This 
    action will stay the application of the offset sanction and stay the 
    application of the highway sanction. Although this action is effective 
    upon publication, EPA will take comments. If no comments are received 
    on EPA's proposed approval of the State's submittal, the direct final 
    action published in the Federal Register on August 25, 1994 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 action taking into consideration any comments received.
    
    DATES: This interim final rule is effective on September 1, 1994. 
    Comments must be received by October 3, 1994.
    
    ADDRESSES: Comments should be sent to: 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.
        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 92123-1095.
    South Coast Air Quality Management District, 21865 E. Copley Drive, 
    Diamond Bar, CA 91765-4182.
    FOR FURTHER INFORMATION CONTACT: Daniel A. Meer, Chief, Rulemaking 
    Section (A-5-3), Air and Toxics Division, U.S. Environmental Protection 
    Agency, Region 9, 75 Hawthorne Street, San Francisco, CA 94105-3901, 
    Telephone: (415) 744-1185.
    
    SUPPLEMENTARY INFORMATION:
    
    I. Background
    
        On May 13, 1991, the State submitted SCAQMD's Rule 1162, Polyester 
    Resin Operations, and Rule 1173, Fugitive Emissions of Volatile Organic 
    Compounds. On December 31, 1990 the State submitted SCAQMD's Rule 1175, 
    Control of Emissions from the Manufacture of Polymeric Cellular (Foam) 
    Products, and Rule 1176, Sumps and Wastewater Separators. The EPA 
    published a limited disapproval in the Federal Register on October 26, 
    1992 (57 FR 48457) for the four rules cited above. 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 rules on May 24, 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 the Federal Register dated August 25, 1994, 59 FR 43751, EPA 
    issued a direct final full approval of the State of California's 
    submittal of SCAQMD's Rule 1162, Polyester Resin Operations; Rule 1173, 
    Fugitive Emissions of Volatile Organic Compounds; Rule 1175, Control of 
    Emissions from the Manufacture of Polymeric Cellular (Foam) Products, 
    and Rule 1176, Sumps and Wastewater Separators. In addition, in the 
    Proposed Rules section of the Federal Register dated August 25, 1994, 
    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 this 
    area on November 25, 1992. However, this action will stay the 
    application of the offsets sanction and will stay the application of 
    the highway sanction. See 59 FR 39832 (August 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 stayed 
    and application of the highway sanction will be stayed 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 notice 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 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, Ozone, and Volatile organic compounds.
    
        Authority: 42 U.S.C. 7401-7671q.
    
        Dated: August 22, 1994.
    Harry Seraydarian,
    Acting Regional Administrator.
    [FR Doc. 94-21410 Filed 8-31-94; 8:45 am]
    BILLING CODE 6560-50-P
    
    
    

Document Information

Effective Date:
9/1/1994
Published:
09/01/1994
Department:
Environmental Protection Agency
Entry Type:
Uncategorized Document
Action:
Interim final rule.
Document Number:
94-21410
Dates:
This interim final rule is effective on September 1, 1994. Comments must be received by October 3, 1994.
Pages:
0-0 (1 pages)
Docket Numbers:
Federal Register: September 1, 1994, CA 83-2-6581c, FRL-5061-2
CFR: (1)
40 CFR 52