[Federal Register Volume 61, Number 15 (Tuesday, January 23, 1996)]
[Rules and Regulations]
[Pages 1718-1720]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-776]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[CA 157-1-7223c; FRL-5317-4]


Interim Final Determination That State Has Corrected the 
Deficiency; State of California; Sacramento Metropolitan Air Quality 
Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Interim final rule.

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SUMMARY: Elsewhere in today's Federal Register, EPA has published a 
direct final rulemaking fully approving portions of the State of 
California's submittal of its State Implementation Plan (SIP) revision. 
EPA has 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, 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 a sanctions clock began 
on July 9, 1994. 

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This action will defer the imposition of the offset sanction and defer 
the imposition 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 
deficiencies 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: Effective date: January 23, 1996. Comments must be received by 
February 22, 1996.

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 rules and EPA's analysis for each rule, which are the basis for 
this action, are available for public review at the above address. 
Copies of the submitted rules are also available for inspection at the 
following locations:

California Air Resources Board, Stationary Source Division, Rule 
Evaluation Section, 2020 ``L'' Street, Sacramento, CA 95814.
Sacramento Metropolitan Air Quality Management District, 8411 Jackson 
Road, Sacramento, CA 95826.

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:

Background

    On June 19, 1992, the State submitted Sacramento Metropolitan Air 
Quality Management District (SMAQMD) Rule 448, Gasoline Transfer into 
Stationary Storage Containers, and Rule 449, Transfer of Gasoline into 
Vehicle Fuel Tanks, which EPA disapproved in part on June 9, 1994, 59 
FR 29731. 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 August 10, 1995. EPA has taken direct final action on these 
rules 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 has issued a direct final full approval of the State of 
California's submittal of these SIP rule revisions. In addition, in the 
Proposed Rules section of today's Federal Register, EPA has proposed 
full approval of these rules.
    Based on the direct final full 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 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 been 
corrected.
    This action does not stop the sanctions clock that started for this 
area on July 9, 1994. However, this action will defer the imposition of 
the offsets sanction and will defer the imposition 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 
imposed, 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. See 59 FR 39832, to be codified at 40 CFR 52.31.

EPA Action

    EPA is taking interim final action finding that the State has 
corrected the disapproval deficiencies that started the sanctions 
clock. Based on this action, imposition of the offset sanction will be 
deferred and imposition 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 imposed, 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 to the 
30-day notice requirement of the Administrative Procedure Act because 
the purpose of this notice is to relieve a restriction. See 5 U.S.C. 
553(d)(1).

Regulatory Process

Small Businesses

    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. sections 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 
placed on them by the sanctions provisions of the CAA. Therefore, I 
certify that it does not have an impact on any small entities.

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 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. The rules being approved by this action will impose no 
new requirements because affected sources are already subject to these 
regulations under State law. Therefore, no additional costs to State, 
local, or tribal governments or to the private sector result from this 
action. EPA has also determined that this interim final action does not 
include a mandate that may result in estimated 

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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 has waived review of this 
action from the requirements of Executive Order 12886.

List of Subjects in 40 CFR Part 52

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

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

    Dated: October 11, 1995.
Felicia Marcus,
Regional Administrator.
[FR Doc. 96-776 Filed 1-22-96; 8:45 am]
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