[Federal Register Volume 60, Number 22 (Thursday, February 2, 1995)]
[Rules and Regulations]
[Pages 6401-6403]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-2500]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 95-8-6858b; FRL-5148-6]


Approval and Promulgation of Implementation Plans; California 
State Implementation Plan Revision; Interim Final Determination That 
State Has Corrected Deficiencies

AGENCY: Environmental Protection Agency (EPA).

ACTION: Interim final rule.

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SUMMARY: Elsewhere in today's Federal Register, EPA has published a 
notice proposing to fully approve revisions to the California State 
Implementation Plan. The revisions concern Rule 8-43 from the Bay Area 
Air Quality Management District (BAAQMD), Rule 212 from the Placer 
County Air Pollution Control District (PCAPCD), Rules 67.16 and 67.18 
from the San Diego County Air Pollution Control District (SDCAPCD), and 
Rule 4607 from the San Joaquin Valley Unified Air Pollution Control 
District (SJVUAPCD). The notice of proposed rulemaking published 
elsewhere in today's Federal Register provides 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 action, EPA will consider these comments and respond 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 deficiencies for which 
sanctions clocks began on August 11, 1993, and September 29, 1993. This 
action will defer the 

[[Page 6402]]
application of the offset and highway sanctions. Although this action 
is effective upon publication, EPA will take comment on it, as well as 
on EPA's proposed rulemaking approving these rules. EPA's final 
rulemaking notice will take into consideration any comments received.

DATES: The effective date is February 2, 1995.
    Comments must be received by March 6, 1995.

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:

    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.
    Placer County Air Pollution Control District, 11464 B. Avenue, 
Auburn, CA 95603.
    San Diego County Air Pollution Control District, 9150 Chesapeake 
Drive, San Diego, CA 92123-1096.
    San Joaquin Valley Unified Air Pollution Control District, 1999 
Tuolumne Street, Suite 200, Fresno, CA 93721.

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 94105-3901. Internet 
Email: [email protected]. Telephone: (415) 744-1190.

SUPPLEMENTARY INFORMATION:

I. Background

    The State of California submitted the following rules on the 
following dates: BAAQMD Rule 8-43 (``Surface Coating of Marine 
Vessels''), September 28, 1994; PCAPCD Rule 212 (``Storage of Organic 
Liquids''), December 19, 1994; SDCAPCD Rule 67.16 (``Graphic Arts 
Operations''), October 19, 1994; SDCAPCD Rule 67.18 (``Marine Coating 
Operations''), December 22, 1994; and SJVUAPCD Rule 4607 (``Graphic 
Arts''), July 13, 1994. EPA published a limited disapproval in the 
Federal Register on July 12, 1993 (BAAQMD, SDCAPCD) and August 30, 1993 
(SJVUAPCD, PCAPCD). These notices' Federal Register citations are 58 FR 
37421 and 58 FR 45440 respectively. EPA's limited 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 the dates listed at the top of 
this paragraph. In the Proposed Rules section of today's Federal 
Register, EPA is proposing full approval of the State of California's 
submittal of BAAQMD Rule 8-43 (``Surface Coating of Marine Vessels''), 
PCAPCD Rule 212 (``Storage of Organic Liquids''), SDCAPCD Rule 67.16 
(``Graphic Arts Operations''), SDCAPCD Rule 67.18 (``Marine Coating 
Operations''), and SJVUAPCD Rule 4607 (``Graphic Arts'').
    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 
interim final action. If, based upon 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 interim final action was inappropriate, EPA will either propose or 
take final action disapproving the submittal of one or all of the State 
rules. 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.
    This action does not stop the sanctions clock that started for 
these areas on August 11, 1993 and September 29, 1993. However, this 
action will defer the application of the offsets and highway sanctions. 
See 59 FR 39832 (Aug. 4, 1994). If EPA later finalizes full approval of 
the State's submittal, such action will permanently stop the sanctions 
clock and any deferred sanctions. If EPA must withdraw the proposed 
approval action based on adverse comments and EPA subsequently 
determines in a proposed or final rule 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 Sec. 52.31.

II. EPA Action

    EPA is taking interim final action finding that the State has 
corrected the disapproval deficiencies that started the sanctions 
clocks. Based on this action, application of the offset and highway 
sanctions will be deferred until final action to fully approve 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 
proposed action fully approving the State submittal becomes finalized 
and effective at a later time, 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 
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.
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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 

[[Page 6403]]
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: January 26, 1995.
Felicia Marcus,
Regional Administrator.
[FR Doc. 95-2500 Filed 2-1-95; 8:45 am]
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