[Federal Register Volume 60, Number 59 (Tuesday, March 28, 1995)]
[Rules and Regulations]
[Pages 15875-15877]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7471]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA-144--2-6918b; FRL-5179-4]


California State Implementation Plan Revision; Interim Final 
Determination That State Has Corrected Deficiencies

AGENCY: Environmental Protection Agency (EPA).

ACTION: Interim final determination.

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SUMMARY: Elsewhere in today's Federal Register, EPA has published a 
notice of proposed rulemaking fully approving revisions to the 
California State Implementation Plan. The revisions concern rules from 
the San Diego County Air Pollution Control District (SDCAPCD) and the 
San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD): 
SDCAPCD Rule 61.1, Receiving and Storing Volatile Organic Compounds at 
Bulk Plants and Bulk Terminals; and SJVUAPCD Rule 4403, Components 
Serving Light Crude Oil or Gases at Light Crude Oil and Gas Production 
Facilities and Components at Natural Gas Processing Facilities. 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 were activated on September 30, 
1993. This action will defer the application of the offset sanctions 
and defer the application of the highway sanctions. Although the 
interim final action is effective upon publication, EPA will take 
comment. If no comments are received on EPA's proposed approval of the 
State's submittal, EPA will finalize its determination that the State 
has corrected the deficiencies that started the sanctions clocks by 
publishing a notice of final rulemaking in the Federal Register. 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: Effective Date: March 28, 1995.
    Comments: Comments must be received by April 27, 1995.

[[Page 15876]] 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:

California Air Resources Board, Stationary Source Division, Rule 
Evaluation Section, 2020 ``L'' Street, Sacramento, CA 95814
San Diego County Air Pollution Control District, 9150 Chesapeake 
Drive, San Diego, CA 92123
San Joaquin Valley Unified Air Pollution Control District, 1999 
Tuolumne Street, Suite 200, Fresno, CA 93721

FOR FURTHER INFORMATION CONTACT: Mae Wang, 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-
1200.

SUPPLEMENTARY INFORMATION:

I. Background

    On April 5, 1991, the State submitted SDCAPCD Rule 61.1, Receiving 
and Storing Volatile Organic Compounds at Bulk Plants and Bulk 
Terminals; and on May 30, 1991, SJVUAPCD Rule 4403, Components Serving 
Light Crude Oil or Gases at Light Crude Oil and Gas Production 
Facilities and Components at Natural Gas Processing Facilities, which 
EPA disapproved in part on August 30, 1993. 58 FR 4544. EPA's 
disapproval action started an 18-month clock for the imposition of one 
sanction (followed by a second sanction 6 months later) and a 24-month 
clock for promulgation of a Federal Implementation Plan (FIP). The 
State subsequently submitted revised rules on January 24, 1995 and 
February 24, 1995. The revised rules were adopted by the SDCAPCD and 
SJVUAPCD on January 10, 1995 and February 16, 1995 respectively. In the 
Proposed Rules section of today's Federal Register, EPA has proposed 
full approval of the State of California's submittal of SDCAPCD Rule 
61.1, Receiving and Storing Volatile Organic Compounds at Bulk Plants 
and Bulk Terminals; and SJVUAPCD Rule 4403, Components Serving Light 
Crude Oil or Gases at Light Crude Oil and Gas Production Facilities and 
Components at Natural Gas Processing Facilities. SJVUAPCD Rule 4403 
replaces SJVUAPCD Rule 465.3 of the same name.
    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 deficiencies. Therefore, EPA is 
taking this interim final rulemaking action, effective on publication, 
finding that the State has corrected the deficiencies. 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 
deficiencies. As appropriate, EPA will also issue an interim final 
determination or a final determination that the deficiencies have 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 August 30, 1993. However, this action will defer the 
application of the offsets sanctions and will defer the imposition of 
the highway sanctions. See 59 FR 39832 (Aug. 4, 1994). If EPA's 
publishes a notice of final rulemaking fully approving the State's 
submittal, such action will permanently stop the sanctions clock and 
will permanently lift any applied, stayed or deferred sanctions. If EPA 
must withdraw the proposed full approval based on adverse comments and 
EPA subsequently determines that the State, in fact, did not correct 
the disapproval deficiencies, 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 deficiencies that started the sanctions 
clocks. Based on this action, imposition of the offset sanctions will 
be deferred and imposition of the highway sanctions will be deferred 
until EPA's final action fully approving the State's submittal becomes 
effective or until EPA takes action proposing or disapproving in whole 
or part the State submittal. If EPA's proposed rulemaking action fully 
approving the State submittal becomes final, 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 
corrected the deficiencies identified in EPA's limited disapproval 
actions, relief from sanctions should be provided as quickly as 
possible. Therefore, EPA is invoking the good cause exception under the 
Administrative Procedure Act in not providing an opportunity for 
comment before this action takes effect.1 5 U.S.C. 553(b)(3). 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 deficiencies that started the sanctions clocks. 
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 it can to correct the deficiencies that triggered the 
sanctions clocks. Moreover, it would be impracticable to go through 
notice-and-comment rulemaking on a finding that the State has corrected 
the deficiencies 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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III. Regulatory Process

    Under the Regulatory Flexibility Act, 5 U.S.C. Section 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.
    The Office of Management and Budget (OMB) has exempted this action 
from review under Executive Order 12866. [[Page 15877]] 

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Hydrocarbons, 
Incorporation by reference, Intergovernmental regulations, Reporting 
and recordkeeping, Ozone, Volatile organic compounds.

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

    Dated: March 16, 1995.
Felicia Marcus,
Regional Administrator.
[FR Doc. 95-7471 Filed 3-27-95; 8:45 am]
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