[Federal Register Volume 60, Number 75 (Wednesday, April 19, 1995)]
[Rules and Regulations]
[Pages 19522-19523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-9706]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[CA 144-4-6973b; FRL-5194-6]


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 include a rule from 
the South Coast Air Quality Management District (SCAQMD): SCAQMD Rule 
1153, Commercial Bakery Ovens. 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 sanctions clocks were activated 
on September 29, 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 deficiency that started the sanctions 
clocks by publishing a final action in the Federal Register. 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: Effective Date: April 19, 1995.
    Comments: Comments must be received by May 19, 1995.

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.
South Coast Air Quality Management District, 21865 E. Copley Drive, 
Diamond Bar, CA 91765-4182.

FOR FURTHER INFORMATION CONTACT: Christine Vineyard, 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) 744-1197.

SUPPLEMENTARY INFORMATION:

I. Background

    On May 13, 1991, the State submitted SCAQMD Rule 1153, Commercial 
Bakery Ovens, which EPA disapproved in part on September 29, 1993. 58 
FR 50850. 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 a revised 
rule on February 24, 1995. The revised rule was adopted by the SCAQMD 
on January 13, 1995. In the Proposed Rules section of today's Federal 
Register, EPA has proposed full approval of the State of California's 
submittal of SCAQMD Rule 1153, Commercial Bakery Ovens.
    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 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 [[Page 19523]] 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 September 29, 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 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 deficiency, 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 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 deficiency 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.

    \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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    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).

III. Regulatory Process

    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.
    The Office of Management and Budget (OMB) has exempted this action 
from review under Executive Order 12866.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Hydrocarbons, 
Intergovernmental relations, Reporting and recordkeeping requirements, 
Ozone, Volatile organic compounds.

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

    Dated: April 12, 1995.
John C. Wise,
Acting Regional Administrator.
[FR Doc. 95-9706 Filed 4-18-95; 8:45 am]
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