[Federal Register Volume 63, Number 60 (Monday, March 30, 1998)]
[Rules and Regulations]
[Pages 15094-15095]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-8062]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 207-0068b; FRL-5987-3]


Interim Final Determination That State has Corrected the 
Deficiency; State of California; San Joaquin Valley Unified Air 
Pollution Control 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 
proposed rulemking to fully approve the State of California's submittal 
of its State implementation plan (SIP) revision concerning San Joaquin 
Valley Unified Air Pollution Control District (SJVUAPCD) Rule 4401. 
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 September 27, 1996. 
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 relevant 
adverse comments are received on EPA's proposed approval of the State's 
submittal, EPA will finalize the approval of Rule 4401 and will also 
finalize the determination that the State has corrected the 
deficiencies that started the sanctions clock. If relevant adverse 
comments are received on EPA's proposed approval of Rule 4401 and this 
interim final action, EPA will publish a final determination taking 
into consideration any comments received.

DATES: This action is effective March 30, 1998. Comments must be 
received by April 29, 1998.

ADDRESSES: Comments should be sent to Andrew Steckel, Rulemaking Office 
(AIR-4), Air Division, U.S. EPA Region IX, 75 Hawthorne Street, San 
Francisco, CA 94105.
    Copies of the rule and EPA's evaluation report, which are the basis 
for this action, are available for public review at the above address. 
Copies of the submitted rule 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.
San Joaquin Valley Unified Air Pollution Control District, 1999 
Tuolumne Street, Suite 200, Fresno, CA 93721.

FOR FURTHER INFORMATION CONTACT:
Mae Wang, Rulemaking Office (AIR-4), U.S. EPA Region IX, Air Division, 
75 Hawthorne Street, San Francisco, CA 94105. Telephone: (415) 744-
1200.

SUPPLEMENTARY INFORMATION: 

I. Background

    On January 28, 1992, the State submitted SJVUAPCD Rule 465.1 as a 
revision to the SIP, which EPA disapproved in part on August 28, 1996. 
See 61 FR 44161. 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 March 10, 1998, in the form of SJVUAPCD Rule 4401, adopted on 
January 15, 1998. In the Proposed Rules section of today's Federal 
Register. EPA has proposed full approval of SJVUAPCD Rule 4401.
    Based on the proposed 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 interim final 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 action. If, 
based on any comments on this action or any comments on EPA's

[[Page 15095]]

proposed full approval of SJVUAPCD Rule 4401, EPA determines that the 
State's submittal is not fully approvable and this interim 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 September 27, 1996. However, this action will defer the 
imposition of the offsets sanction and will defer the imposition of the 
highway sanction. See 59 FR 39832 (August 4, 1994). If EPA takes final 
action to fully approve Rule 4401, such action will permanently stop 
the sanctions clock and will permanently lift any imposed, stayed or 
deferred sanctions. If EPA receives 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, 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 
clock. Based on this action, impositions of the offset sanction will be 
deferred and imposition of the highway sanction will be deferred until 
EPA's final action fully approving SJVUAPCD Rule 4401 becomes effective 
or until EPA takes action proposing or finalizing disapproval in whole 
or part the State submittal. If EPA takes final action fully approving 
SJVUAPCD Rule 4401, any sanctions clocks will be permanently stopped 
and any imposed, stayed or deferred sanctions will be permanently 
lifted upon the effective date of that final action.
    Because EPA has preliminarily determined that the State has 
provided an approvable revision to its SIP, 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 document is to 
relieve a restriction. See 5 U.S.C. 553(d)(1).

III. Regulatory Process

A. Regulatory Flexibility Act

    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.

B. Unfunded Mandates Reform Act

    Under section 202 of the Unfunded Mandates Reform Act of 1995 
(Unfunded Mandates Act), signed into law on March 22, 1995, EPA must 
prepare a budgetary impact statement to accompany any proposed or final 
rule that includes a Federal mandate that may result in estimated costs 
to State, local, or tribal governments in the aggregate, or to private 
sector, of $100 million or more.
    Under section 205, EPA must select the most cost-effective and 
least burdensome alternative that achieves the objectives of the rule 
and is consistent with statutory requirements. Section 203 requires EPA 
to establish a plan for informing and advising any small governments 
that may be significantly or uniquely impacted by the rule.
    This interim final action temporarily relieves sources of an 
additional burden placed on them by the sanctions provisions of the 
CAA. This action does not impose any new Federal requirements. 
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 interim final action does not include a 
Federal mandate that may result in estimated costs of $100 million or 
more to either State, local, or tribal governments in the aggregate, or 
to the private sector.

C. Submission to Congress and the General Accounting Office

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. However, section 808 provides that any rule for which 
the issuing agency for good cause finds (and incorporates that finding 
and a brief statement of reasons therefor in the rule) that notice and 
public procedure thereon are impracticable, unnecessary or contrary to 
the public interest, shall take effect at such time as the agency 
promulgating the rule determines. 5 U.S.C. 808(2). As stated 
previously, EPA has made such a good cause finding, including the 
reasons therefor, and established an effective date of March 30, 1998. 
EPA will submit a report containing this rule and other required 
information to the U.S. Senate, the U.S. House of Representatives, and 
the Comptroller General of the United States prior to publication of 
the rule in the Federal Register . This rule is not a ``major'' rule as 
defined by 5 U.S.C. 804(2).

D. Executive Order 12866

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

List of Subjects in 40 CFR Part 52

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

    Authority: 42 U.S.C. 7401 et seq.

    Dated: March 20, 1998.
Felicia Marcus,
Regional Administrator, Region IX.
[FR Doc. 98-8062 Filed 3-27-98; 8:45 am]
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