[Federal Register Volume 60, Number 113 (Tuesday, June 13, 1995)]
[Rules and Regulations]
[Pages 31084-31086]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-14392]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[CA-140-2-6993c; FRL 5212-2]


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 determination.

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SUMMARY: Elsewhere in today's Federal Register, EPA is publishing a 
direct final rulemaking fully approving revisions to the California 
State Implementation Plan. The revisions concern rules from South Coast 
Air Quality Management District (SCAQMD) and Mojave Desert Air Quality 
Management District (MDAQMD): SCAQMD Rules 1125, 1126, and 1151, and 
MDAQMD Rule 1116. EPA is also publishing in today's Federal Register 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 deficiencies for which sanctions clocks began on December 
20, 1993 and April 14, 1994. This action will defer the application of 
the offset sanctions and defer the application of the highway 
sanctions. 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 this 
Federal Register will also finalize EPA's determination that the State 
has corrected the deficiencies that started the sanctions clocks. 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: This interim final determination is effective June 13, 1995. 
Comments must be received by July 13, 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:

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 [[Page 31085]] 
Mojave Desert Air Quality Management District, 15428 Civic Drive, 
Victorville, CA 92392
South Coast Air Quality Management District, 21865 E. Copley Drive, 
Diamond Bar, CA 91765

FOR FURTHER INFORMATION CONTACT: Nikole Reaksecker, 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) 744-1187.

SUPPLEMENTARY INFORMATION:

I. Background

    On June 19, 1992, September 14, 1992, and May 13, 1993, the State 
submitted MDAQMD Rule 1116, SCAQMD Rule 1126, and SCAQMD Rule 1151 for 
which EPA published limited disapprovals in the Federal Register on 
December 20, 1993. 58 FR 66285, 58 FR 66283. On May 13, 1993, the State 
submitted SCAQMD Rule 1125 for which EPA published a limited 
disapproval in the Federal Register on April 14, 1994. 59 FR 17697. 
EPA's disapproval actions started 18-month clocks for the application 
of one sanction (followed by a second sanction 6 months later) under 
section 179 of the Clean Air Act (Act), and 24-month clocks for 
promulgation of a Federal Implementation Plan (FIP) under section 
110(c) of the Act. The State subsequently submitted revised rules on 
January 24, 1995, February 24, 1995, and March 31, 1995. EPA has taken 
direct final action on these submittals pursuant to its modified direct 
final policy set forth at 59 FR 24054 (May 10, 1994). In the Rules 
section of this Federal Register EPA is issuing a direct final full 
approval of the State of California's submittal of SCAQMD Rule 1125, 
Metal Container, Closure, and Coil Coating Operations; SCAQMD Rule 
1126, Magnet Wire Coating Operations; SCAQMD Rule 1151, Motor Vehicle 
and Mobile Equipment Non-Assembly Line Coating Operations; and MDAQMD 
Rule 1116, Automotive Refinishing Operations. In addition, in the 
Proposed Rules section of this Federal Register EPA is proposing full 
approval of the State's submittals.
    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 deficiencies. Therefore, EPA is taking this 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 submittals, EPA determines that the State's 
submittals are 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 clocks that started for 
these areas on December 20, 1993 and April 14, 1994. However, this 
action will defer the application of the offsets sanctions and will 
defer the application of the highway sanctions. 59 FR 39832 (Aug. 4, 
1994). If EPA's direct final action fully approving the State's 
submittals becomes effective, such action will permanently stop the 
sanctions clocks 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 deficiencies, EPA will also 
determine that the State did not correct the deficiencies and the 
sanctions consequences described in the sanctions rule will apply. 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, application of the offset sanctions will 
be deferred and application of the highway sanctions will be deferred 
until EPA's direct final action fully approving the State's submittals 
becomes effective or until EPA takes action proposing or finally 
disapproving in whole or part the State submittals. If EPA's direct 
final action fully approving the State submittals 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 submittals and, through its proposed and 
direct final 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 that 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 
submittals. 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 submittals. 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. 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.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Hydrocarbons, 
Incorporation by reference, Intergovernmental regulations, Reporting 
and recordkeeping [[Page 31086]] requirements, Ozone, Volatile organic 
compounds.

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

    Dated: May 19, 1995.
Alexis Strauss,
Acting Regional Administrator.
[FR Doc. 95-14392 Filed 6-12-95; 8:45 am]
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