[Federal Register Volume 67, Number 38 (Tuesday, February 26, 2002)]
[Rules and Regulations]
[Pages 8723-8724]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-4397]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 256-0319c; FRL-7139-2]


Interim Final Determination That the State of California Has 
Corrected Deficiencies and Stay of Sanctions, Kern County Air Pollution 
Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Interim final determination.

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SUMMARY: Elsewhere in today's Federal Register, EPA has published a 
direct final rulemaking fully approving the State of California's 
submittal of a revision to the Kern County Air Pollution Control 
District (KCAPCD) portion of the State Implementation Plan (SIP). We 
have 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 our direct final action, we will withdraw our direct final 
rule and will consider any comments received before taking final action 
on the State's submittal. Based on the full approval, we are making an 
interim final determination by this action that the State has corrected 
the deficiencies for which a sanctions clock began on August 21, 2000. 
See 65 FR 45297. This action will stay the imposition of the offset 
sanction and defer the imposition of the highway sanction. Although 
this action is effective upon publication, we will take comment. If no 
comments are received on our approval of the State's submittal and on 
our interim final determination, the direct final action published in 
today's Federal Register will also finalize our determination that the 
State has corrected the deficiencies that started the sanctions clock. 
If comments are received on our approval or on this interim final 
determination, we will publish a final rule taking into consideration 
any comments received.

DATES: This document is effective February 26, 2002. Comments must be 
received by March 28, 2002.

ADDRESSES: Mail comments to Andy Steckel, Rulemaking Office Chief (AIR-
4), U.S. Environmental Protection Agency, Region IX, 75 Hawthorne 
Street, San Francisco, CA 94105.
    You can inspect copies of the submitted rule revisions and EPA's 
technical support document (TSD) at our Region IX office during normal 
business hours. You may also see copies of the submitted rule revisions 
and TSD at the following locations:

Rulemaking Office (AIR-4), Air Division, U.S. Environmental 
Protection Agency, Region IX, 75 Hawthorne Street, San Francisco, CA 
94105.
Environmental Protection Agency, Air Docket (6102), Ariel Rios 
Building, 1200 Pennsylvania Avenue, N.W., Washington DC 20460.
California Air Resources Board, Stationary Source Division, Rule 
Evaluation Section, 1001 ``I'' Street, Sacramento, CA 95814.
Kern County Air Pollution Control District, 2700 ``M'' Street, Suite 
302, Bakersfield, CA 93301.


FOR FURTHER INFORMATION CONTACT: Al Petersen, Rulemaking Office (AIR-
4), U.S. Environmental Protection Agency, Region IX; (415) 947-4118.

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and 
``our'' refer to EPA.

I. Background

    On August 21, 1998, the State of California submitted a revision to 
Rule 427 in the KCAPCD portion of the SIP, for which we finalized a 
limited approval and limited disapproval on July 21, 2000 (65 FR 
45297). Our disapproval action started an 18-month clock beginning on 
August 21, 2000 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 Rule 427 on December 14, 2001. We have taken direct 
final action on this submittal pursuant to our modified direct final 
policy set forth at 59 FR 24054 (May 10, 1994). In the Rules and 
Regulations section of today's Federal Register, we have issued a 
direct final full approval of the State of California's submittal of 
its SIP revision. In addition, in the Proposed Rules section of today's 
Federal Register, we have proposed full approval of the State's 
submittal. Based on the direct final full approval set forth in today's 
Federal Register, we believe that it is more likely than not that the 
State has corrected the original disapproval deficiencies. Therefore, 
we are taking this final rulemaking action, effective on publication, 
finding that the State has corrected the deficiencies. However, we are 
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 
our proposed full approval of the State's submittal, we

[[Page 8724]]

determine that the State's submittal is not fully approvable and this 
final action was inappropriate, we will either propose or take final 
action finding that the State has not corrected the original 
disapproval deficiencies. As appropriate, we will also issue an interim 
final determination or a final determination that the deficiency has 
been corrected.
    This action does not stop the sanctions clock that started for this 
area on August 21, 2000. However, this action will stay the imposition 
of the offsets sanction and will defer the imposition of the highway 
sanction. If our 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 we must withdraw the direct final action based 
on adverse comments and we subsequently determine that the State, in 
fact, did not correct the disapproval deficiencies, we 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 (August 4, 1994), codified at 40 CFR 52.31.

II. EPA Action

    We are 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 
stayed and imposition of the highway sanction will be deferred until 
our direct final action fully approving the State's submittal becomes 
effective or until we take action proposing or finally disapproving in 
whole or part the State submittal. If our 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 we have preliminarily determined that the State has an 
approvable submittal, relief from sanctions should be provided as 
quickly as possible. Therefore, we are 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).

III. Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. This action 
merely stays and defers federal sanctions. Accordingly, the 
administrator certifies that this rule will not have a significant 
economic impact on a substantial number of small entities under the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this rule 
only stays an imposed sanction and defers the imposition of another, it 
does not contain any unfunded mandate or significantly or uniquely 
affect small governments, as described in the Unfunded Mandates Reform 
Act of 1995 (Pub. L. 104-4). For the same reason, this rule also does 
not significantly or uniquely affect the communities of tribal 
governments, as specified by Executive Order 13084 (63 FR 27655, May 
10, 1998). This rule will not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132 (64 
FR 43255, August 10, 1999), because it merely stays a sanction and 
defers another one, and does not alter the relationship or the 
distribution of power and responsibilities established in the Clean Air 
Act. This rule also is not subject to Executive Order 13045 (62 FR 
19885, April 23, 1997), because it is not economically significant.
    This rule does not contain technical standards, thus, the 
requirements of section 12(d) of the National Technology Transfer and 
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. As required 
by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996), 
in issuing this rule, EPA has taken the necessary steps to eliminate 
drafting errors and ambiguity, minimize potential litigation, and 
provide a clear legal standard for affected conduct. EPA has complied 
with Executive Order 12630 (53 FR 8859, March 15, 1988) by examining 
the takings implications of the rule in accordance with the ``Attorney 
General's Supplemental Guidelines for the Evaluation of Risk and 
Avoidance of Unanticipated Takings'' issued under the executive order.
    This rule does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
et seq.).
    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 the 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 February 26, 
2002. 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).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental regulations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping.

    Dated: January 28, 2002.
Wayne Nastri,
Regional Administrator, Region IX.
[FR Doc. 02-4397 Filed 2-25-02; 8:45 am]
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