[Federal Register Volume 60, Number 135 (Friday, July 14, 1995)]
[Rules and Regulations]
[Pages 36225-36227]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-17267]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 144-5-7100c; FRL-5256-5]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Interim final determination.

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SUMMARY: Elsewhere in today's Federal Register, EPA published a direct 
final rule fully approving revisions to the California State 
Implementation Plan (SIP). The revisions concern South Coast Air 
Quality Management District's (SCAQMD) Rules 1106, 1107, 1115 and 1171 
and Santa Barbara County Air Pollution Control District's (SBAPCD) 
Rules 323 and 339. On that date, EPA 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 January 20, 1994. 
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 

[[Page 36226]]
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 notice taking into consideration any comments 
received.

DATES: This interim final determination is effective on July 14, 1995. 
Comments must be received by August 14, 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:

Environmental Protection Agency, Air Docket (6102) 401 ``M'' Street, 
S.W., Washington 20460
California Air Resources Board, Stationary Source Division, Rule 
Evaluation Section, 2020 ``L'' Street, Sacramento, CA 95812-2815
South Coast Air Quality Management District, 21865 E. Copley Drive, 
Diamond Bar, CA 91765-4812
Santa Barbara County Air Pollution Control District, 26 Castilian 
Drive B-23, Goleta, CA 93117

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

SUPPLEMENTARY INFORMATION:

I. Background

    On May 13, 1993, the State submitted SCAQMD's Rule 1106, Marine 
Coating Operations and Rule 1107, Coating of Metal Parts and Products; 
on June 19, 1992 the State submitted SCAQMD's Rule 1171, Solvent 
Cleaning Operations and SBAPCD's Rule 339, Motor Vehicle and Mobile 
Equipment Coating Operations; on December 31, 1990 the State submitted 
SBCAPCD's Rule 323, Architectural Coatings and on September 14, 1992 
the State submitted SCAQMD's Rule 1115, Motor Vehicle Assembly Line 
Coating Operations. EPA published a limited disapproval for these rules 
in the Federal Register on December 20, 1993; 58 FR 66282 and 58 FR 
66285 respectively. 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 a 
revised SCAQMD Rule 1106 on February 24, 1995, a revised SBAPCD Rule 
339 on April 13, 1995, a revised SBAPCD Rule 323 on May 24, 1995 and 
SCAQMD Rules 1107, 1115 and 1171 on June 16, 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 
today's Federal Register, EPA issued a direct final full approval of 
the State of California's submittal of SCAQMD's Rule 1106, Marine 
Coating Operations; SCAQMD's Rule 1107, Coating of Metal Parts and 
Products; SCAQMD's Rule 1115, Motor Vehicle Assembly Line Coating 
Operations; SCAQMD's Rule 1171, Solvent Cleaning Operations and 
SBAPCD's Rule 323, Architectural Coatings and SBAPCD's Rule 339, Motor 
Vehicle and Mobile Equipment Coating Operations. In addition, in the 
Proposed Rules section of today's Federal Register, EPA proposed full 
approval of the State's submittal.
    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 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 
these areas on January 20, 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. 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 

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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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Unfunded Mandates

    Under Sections 202, 203, and 205 of the Unfunded Mandates Reform 
Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22, 
1995, EPA must undertake various actions in association with the 
proposed or final rules that include a Federal mandate that may result 
in estimated costs of $100 million or more to the private sector, or to 
State, local, or tribal governments in the aggregate.
    Through submission of this state implementation plan or plan 
revision, the state and any affected local or tribal governments have 
elected to adopt the program provided for under Part D of the Clean Air 
Act. These rules may bind State, local and tribal governments to 
perform certain actions and also require the private sector to perform 
certain duties. To the extent that the rules being approved by this 
action will impose no new requirements; such sources are already 
subject to these regulations under State law. Accordingly, no 
additional costs to State, local, or tribal governments, or to the 
private sector, result from this action. EPA has also determined that 
this final action does not include a mandate that may result in 
estimated costs of $100 million or more to State, local, or tribal 
governments in the aggregate or to the private sector.
    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 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, 
Intergovernmental regulations, Reporting and recordkeeping 
requirements, Ozone, Volatile organic compounds.

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

    Dated: June 27, 1995.
Felicia Marcus,
Regional Administrator.
[FR Doc. 95-17267 Filed 7-13-95; 8:45 am]
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