[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: 94-21409]


[[Page Unknown]]

[Federal Register: September 1, 1994]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 95-1-6591c; FRL-5060-9]

 

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.

-----------------------------------------------------------------------

SUMMARY: On August 29, 1994, in the Federal Register, EPA published a 
direct final rulemaking fully approving revisions to the California 
State Implementation Plan. The revisions concern Bay Area Air Quality 
Management District (BAAQMD) Rule 8-8, ``Wastewater (Oil-Water) 
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 comment. 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 29, 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 Meer, Rulemaking Section 
(A-5-3), Air and Toxics Division, U.S. Environmental Protection Agency, 
Region IX, 75 Hawthorne Street, San Francisco, CA 94105-3901.
    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 92123-1095.
    Bay Area Air Quality Management District, 939 Ellis Street, San 
Francisco, CA 94109.

FOR FURTHER INFORMATION CONTACT: Erik H. Beck, 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) 744-1190. Internet E-mail: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On December 31, 1990, the State submitted BAAQMD Rule 8-8 
``Wastewater (Oil-Water) Separators'', for which EPA published a 
limited disapproval in the Federal Register on October 26, 1992. 57 FR 
48457. 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 
rule on July 13, 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 29, 1994, 59 FR 44328, EPA issued a direct final full 
approval of the State of California's submittal of BAAQMD Rule 8-8, 
``Wastewater (Oil-Water) Separators''. In addition, in the Proposed 
Rules section of the Federal Register dated August 29, 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\ See 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).
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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 requirements, Ozone, Volatile organic compounds.

    Authority: 42 U.S.C. 7401-7671q.

    Dated: August 22, 1994.
Harry Seraydarian,
Acting Regional Administrator.
[FR Doc. 94-21409 Filed 8-31-94; 8:45 am]
BILLING CODE 6560-50-P