[Federal Register Volume 67, Number 39 (Wednesday, February 27, 2002)]
[Rules and Regulations]
[Pages 8892-8894]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-4525]



[[Page 8893]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 250-0317c; FRL-7146-1]


Interim Final Determination That the State of California Has 
Corrected Deficiencies and Stay of Sanctions, San Joaquin Valley 
Unified 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 San Joaquin Valley Unified Air Pollution 
Control District (SJVUAPCD) 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 proposed 
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 25, 2000 (65 FR 45912). 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 27, 2002. Comments must be 
received by March 29, 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, NW, Washington DC 20460.
California Air Resources Board, Stationary Source Division, Rule 
Evaluation Section, 1001 ``I'' Street, Sacramento, CA 95814.
San Joaquin Valley Unified Air Pollution Control District, 1990 East 
Gettysburg Street, Fresno, CA 93726.

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 April 5, 1991, the State of California submitted a revision to 
Rule 4103 in the SJVUAPCD portion of the SIP, which we disapproved in 
part on July 25, 2000 (65 FR 45912). Our disapproval action started an 
18-month clock beginning on August 25, 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 4103 and new Rule 4106 on 
October 30, 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 proposed 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 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 25, 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

[[Page 8894]]

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 (Public Law 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 27, 
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, Particulate matter, Reporting 
and recordkeeping requirements.

    Dated: January 31, 2002.
Wayne Nastri,
Regional Administrator, Region IX.
[FR Doc. 02-4525 Filed 2-26-02; 8:45 am]
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