[Federal Register Volume 67, Number 79 (Wednesday, April 24, 2002)]
[Rules and Regulations]
[Pages 20034-20036]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-9909]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 262-0338c; FRL-7174-2]


Interim Final Determination That State Has Corrected the Rule 
Deficiencies and Stay of Sanctions in California, 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 proposed 
approval of revisions to the California State Implementation Plan 
(SIP). The revisions concern San Joaquin Valley Unified Air Pollution 
Control District (SJVUAPCD) Rule 4354. Based on the proposed approval, 
EPA is making an interim final determination that the State has 
corrected deficiencies in the rule for which a sanction clock began on 
October 2, 2000. This action will stay the imposition of the offset 
sanctions and defer the imposition of the highway sanctions. Although 
this action is effective upon publication, EPA will take comment and 
will publish a final rule taking into consideration any comments 
received on this interim final determination.

DATES: This interim final determination is effective April 24, 2002. 
Comments must be received by May 24, 2002.

ADDRESSES: Written comments must be submitted to Andrew Steckel, 
Rulemaking Section (AIR-4), Air Division, U.S. Environmental Protection 
Agency, Region IX, 75 Hawthorne Street, San Francisco, CA 94105.
    Copies of the rule revisions and EPA's evaluation report for the 
rule are available for public inspection at EPA's Region IX office 
during normal business hours. Copies of the submitted rule revisions 
are available for inspection 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), 401 ``M'' 
Street, SW., 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 E. 
Gettysburg Ave., Fresno, CA 93726.

FOR FURTHER INFORMATION CONTACT: Charnjit Bhullar, Rulemaking Office, 
AIR-4, Air Division, U.S. Environmental Protection Agency,

[[Page 20035]]

Region IX, 75 Hawthorne Street, San Francisco, CA 94105, Telephone: 
(415) 972-3960.

SUPPLEMENTARY INFORMATION:   

I. Background

    On September 29, 1998, the State submitted SJVUAPCD Rule 4354, for 
which EPA published a limited disapproval in the Federal Register on 
September 1, 2000 (65 FR 53181). The effective date of our limited 
disapproval was October 2, 2000. 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 version of Rule 4354 on March 05, 2002. In the Proposed Rules 
section of today's Federal Register, EPA has proposed approval of the 
March 2002 submittal.
    Based on the proposed approval, 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 rulemaking 
action finding that the State has corrected the deficiencies. However, 
EPA is also providing the public with an opportunity to comment on this 
interim final action. If, based on the comments on this action and the 
comments on EPA's proposed approval, EPA determines that the State's 
submittal is not 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 that 
the deficiencies have not been corrected. Until EPA takes such action, 
the application of sanctions will continue to be stayed.
    This action does not stop the sanctions clock that started for this 
area on October 2, 2000, the effective date of our disapproval. 
However, this action will stay the imposition of the offset sanction 
and will defer imposition of the highway sanction. See 40 CFR 
52.31(d)(2)(ii). If EPA takes final action approving the State's 
submittal, such action will permanently stop the sanctions clock and 
will permanently lift any imposed, stayed or deferred sanctions. 
However, if at any time EPA determines that the State, in fact, did not 
correct the disapproval deficiencies, as appropriate, EPA either will 
withdraw this interim final determination or take final action finding 
that the State has not corrected the deficiencies. Such action will 
retrigger the sanctions consequences as described in 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, imposition of the offset sanction will be 
stayed and imposition of the highway sanction will be deferred until 
EPA takes final action fully approving the State's submittal or EPA 
takes action proposing or finally disapproving in whole or part the 
State submittal. If EPA takes final action approving the State's 
submittal, any deferral or stay of the sanctions clock 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 document 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. For this 
reason, this action is also not subject to Executive Order 32111, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). 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).
    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal Government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000). This action also does not have Federalism 
implications because it does 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). This action 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, 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (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 effected conduct. EPA has compiled 
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 impractible, 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 April 24, 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

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Comptroller General of the United States prior to publication of the 
rule in the Federal Register. A major rule cannot take effect until 60 
days after it is published in the Federal Register. This action is not 
a ``major rule'' as defined by 5 U.S.C. 804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by June 24, 2002. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the purposes of judicial 
review nor does it extend the time within which a petition for judicial 
review may be filed, and shall not postpone the effectiveness of such 
rules. This action may not be challenged later in proceedings to 
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

    Dated: April 10, 2002.
Nora L. McGee,
Acting Regional Administrator, Region IX.
[FR Doc. 02-9909 Filed 4-23-02; 8:45 am]
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