[Federal Register Volume 59, Number 179 (Friday, September 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-23082]


[[Page Unknown]]

[Federal Register: September 16, 1994]


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


ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[CA 79-1-6637c; FRL 5069-5]

 

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: Elsewhere in today's Federal Register EPA has published a 
direct final rulemaking fully approving revisions to the California 
State Implementation Plan. The revisions concern Sacramento 
Metropolitan Air Quality Management District (SMAQMD) Rules 442, 
Architectural Coatings; 443, Leaks from Synthetic Organic Chemical and 
Polymer Manufacturing; 446, Storage of Petroleum Products; 447, Organic 
liquid loading, and 452, Can Coating. EPA has 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 March 17, 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 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 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 16, 1994.
    Comments must be received by October 17, 1994.

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, DC 20460.
California Air Resources Board, Stationary Source Division, Rule 
Evaluation Section, 2020 ``L'' Street, Sacramento, CA 92123-1095.
Sacramento Metropolitan Air Quality Management District, 8475 Jackson 
Road, Suite 230, Sacramento, CA 95826.

FOR FURTHER INFORMATION CONTACT: 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, 
Telephone: (415) 744-1185.

SUPPLEMENTARY INFORMATION:

I. Background

    On April 5, 1991, the State submitted SMAQMD's Rule 443, Leaks from 
Synthetic Organic Chemical and Polymer Manufacturing, and Rule 452, Can 
Coating. On May 13, 1991, the State submitted SMAQMD's Rule 442, 
Architectural Coatings, and Rule 446, Storage of Petroleum Products. On 
October 25, 1991, the State submitted SMAQMD's Rule 447, Organic Liquid 
Loading. EPA published a limited disapproval for the above Rules in the 
Federal Register on February 16, 1993. 58 FR 8545. 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 March 29, 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 today's Federal Register, EPA has issued a direct final full 
approval of the State of California's submittal of SMAQMD's Rule 442, 
Architectural Coatings; Rule 443, Leaks from Synthetic Organic Chemical 
and Polymer Manufacturing; Rule 446, Storage of Petroleum Products; 
Rule 447, Organic Liquid Loading, and Rule 452, Can Coating. In 
addition, in the proposed rules section of today's Federal Register, 
EPA has proposed full approval of the State's submittal.
    Based on the proposed and direct final 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 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 March 17, 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.
---------------------------------------------------------------------------

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

    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).
    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. sections 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.

    Date Signed: August 27, 1994.
Felicia Marcus,
Regional Administrator.
[FR Doc. 94-23082 Filed 9-14-94; 10:27 am]
BILLING CODE 6560-50-P