[Federal Register Volume 60, Number 210 (Tuesday, October 31, 1995)]
[Rules and Regulations]
[Pages 55314-55316]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-26886]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[CA 162-1-7250c; FRL-5321-3]


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 1130 and 1136. 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 
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 document taking into consideration any 
comments received.

DATES: This interim final determination is effective on October 31, 
1995. Comments must be received by November 30, 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:


[[Page 55315]]

Environmental Protection Agency, Air Docket (6102) 401 ``M'' Street, 
SW., 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.

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 September 14, 1992, the State submitted SCAQMD's Rule 1130, 
Graphics Arts, and on May 13, 1993 the State submitted SCAQMD's Rule 
1136, Wood Products Coating. EPA published a limited approval/limited 
disapproval for these rules in the Federal Register on April 14, 1994; 
59 FR 17697. 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 revised 
SCAQMD's Rules 1130 and 1136 on October 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 Rules 1130, Graphic 
Arts, and 1136, Wood Products Coating. 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 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 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 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 May 16, 1994. 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 action, 
EPA is invoking the good cause exception to the 30-day notice 
requirement of the APA because the purpose of this document 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. 

[[Page 55316]]

    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, 
Incorporation by reference, Intergovernmental regulations, Reporting 
and recordkeeping requirements, Ozone, Volatile organic compounds.

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

    Dated: October 19, 1995.
John Wise,
Acting Regional Administrator.
[FR Doc. 95-26886 Filed 10-30-95; 8:45 am]
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