[Federal Register Volume 67, Number 121 (Monday, June 24, 2002)]
[Rules and Regulations]
[Pages 42500-42501]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-15722]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 266-0358c, FRL-7235-7]


Interim Final Determination That State Has Corrected the Rule 
Deficiencies and Deferral of Sanctions, Ventura County Air Pollution 
Control District, State of California

AGENCY: Environmental Protection Agency (EPA).

ACTION: Interim final determination.

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SUMMARY: Elsewhere in today's Federal Register, EPA has proposed full 
approval of revisions to the California State Implementation Plan 
(SIP). The revisions concern Ventura County Air Pollution Control 
District (District) Permitting Rule (Rule 10) and New Source Review 
(NSR) Rule (Rule 26). Based on the proposed full approval, EPA is 
making an interim final determination that the State has corrected 
deficiencies in the rule for which a sanction clock began on January 8, 
2001. This action will defer the imposition of the offset and highway 
sanctions. Although this action is effective upon publication, EPA will 
take comment and will publish a final rule after considering comments 
received on this interim final determination.

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

ADDRESSES: Written comments must be submitted to Nahid Zoueshtiagh 
(Air-3), Air Division, U.S. Environmental Protection Agency, Region IX, 
75 Hawthorne Street, San Francisco, CA 94105-3901.
    Copies of the rule revisions and EPA's technical support document 
(TSD) for this action are available for public inspection at EPA's 
Region IX office during normal business hours. The submitted rule 
revisions are also available for inspection at the following locations:
    Ventura County Air Pollution Control District, 669 County Square 
Drive, Ventura, California 93003.
    California Air Resources Board, Stationary Source Division, Rule 
Evaluation Section, 1001 ``I'' Street, Sacramento, CA 95812.
    An electronic copy of the TSD is available from EPA Region IX upon 
request. The District rules are also available on the Internet at: 
http://arbis.arb.ca.gov/drdb/ven/cur.htm

FOR FURTHER INFORMATION CONTACT: Nahid Zoueshtiagh, U.S. Environmental 
Protection Agency, Region IX, 75 Hawthorne Street, San Francisco, CA 
94105-3901, Telephone: (415) 972-3978, e-mail address: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On December 7, 2000, EPA published a limited approval and limited 
disapproval in the Federal Register (65 FR 76567). The effective date 
of our limited disapproval was January 8, 2001. 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). On May 20, 2002, 
the State subsequently submitted a revised version of Rules 10, 26.1, 
26.2, 26.3, 26.4, 26.6, and the new Rule 26.11. In the Proposed Rules 
section of today's Federal Register, EPA is also proposing full 
approval of the May 20, 2002 submittal.
    EPA is taking this interim final rulemaking action because it has 
determined that the District has corrected the deficiencies noted in 
its limited disapproval. 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 propose to 
disapprove the State's submittal and will take interim final action 
finding that the State has not corrected the original disapproval 
deficiencies. Upon a final disapproval of the State's submittal, EPA 
would finalize the interim final finding, finding that the State has 
not corrected the deficiencies.
    This action neither stops nor tolls the sanctions clock that 
started for these deficiencies on January 8, 2001, the effective date 
of limited approval and limited disapproval. However, this action will 
defer the imposition of the offset and highway sanctions. See 40 CFR 
52.31(d)(2)(ii). If EPA takes final action approving the State's 
submittal after accepting comments on the proposed rule, 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 action finding that the State has not 
corrected the deficiencies. Such action will retrigger the sanctions 
consequences as described in 40 CFR 52.31 and would result in the 
immediate imposition of sanctions if the sanctions clock had expired.

II. EPA Action

    Today 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 and highway 
sanctions will be deferred until EPA takes final action 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 submittal, any sanctions clocks will be permanently 
stopped and any imposed, stayed or deferred sanctions will be 
permanently lifted.
    We have preliminarily determined that the State has an approvable 
plan and implementing rules and relief from pending 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. For this 
reason, this action is also not subject to Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use (66 FR 28355, May 22, 2001). This action merely 
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 defers sanctions, 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).
    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

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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 defers sanctions, 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. 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 June 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 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 August 23, 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, Intergovernmental 
relations, Reporting and recordkeeping requirements.

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

    Dated: June 14, 2002.
Laura Yoshii,
Deputy Regional Administrator, Region IX.
[FR Doc. 02-15722 Filed 6-21-02; 8:45 am]
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