[Federal Register Volume 69, Number 29 (Thursday, February 12, 2004)]
[Rules and Regulations]
[Pages 7096-7097]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-3077]



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Part III





Environmental Protection Agency





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40 CFR Part 52



Interim Final Determination To Stay and/or Defer Sanctions, San Joaquin 
Valley Unified Air Pollution Control District; Revisions to the 
California State Implementation Plan, San Joaquin Valley Unified Air 
Pollution Control District; Interim Final Rule and Proposed Rule

  Federal Register / Vol. 69, No. 29 / Thursday, February 12, 2004 / 
Rules and Regulations  

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA269-0438b; FRL-7621-2]


Interim Final Determination To Stay and/or Defer Sanctions, San 
Joaquin Valley Unified Air Pollution Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Interim final rule.

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SUMMARY: EPA is making an interim final determination to stay and/or 
defer imposition of sanctions based on a proposed approval of revisions 
to the San Joaquin Valley Unified Air Pollution Control District 
(SJVUAPCD) portion of the California State Implementation Plan (SIP) 
published elsewhere in today's Federal Register. The revisions concern 
San Joaquin Valley Unified Air Pollution Control District Rules 4701, 
4702, 4703, 4305, 4306, and 4351.

DATES: This interim final determination is effective on February 12, 
2004. However, comments will be accepted until March 15, 2004.

ADDRESSES: Send comments to Andy Steckel, Rulemaking Office Chief (AIR-
4), U.S. Environmental Protection Agency, Region IX, 75 Hawthorne 
Street, San Francisco, CA 94105 or e-mail to [email protected], or 
submit comments at http://www.regulations.gov.
    You can inspect copies of the submitted rule revisions, EPA's 
technical support documents (TSDs), and public comments at our Region 
IX office during normal business hours by appointment. You may also see 
copies of the submitted rule revisions by appointment at the following 
locations:

Rulemaking Office (AIR-4), Air Division, U.S. Environmental Protection 
Agency, Region IX, 75 Hawthorne Street, San Francisco, CA 94105.
California Air Resources Board, Stationary Source Division, Rule 
Evaluation Section, 1001 ``I'' Street, Sacramento, CA 95814.
San Joaquin Valley Air Pollution Control District, 1990 E. Gettysburg 
Avenue, Fresno, CA 93726.

    A copy of the rule may also be available via the Internet at http://www.arb.ca.gov/drdb/drdbltxt.htm. Please be advised that this is not 
an EPA website and may not contain the same version of the rule that 
was submitted to EPA.

FOR FURTHER INFORMATION CONTACT: Thomas C. Canaday, EPA Region IX, 
(415) 947-4121, [email protected].

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

I. Background

    On February 28, 2002 (67 FR 9209), we published a limited approval 
and limited disapproval of SJVUAPCD Rule 4305, Rule 4351, Rule 4701, 
and Rule 4703. Rules 4305 and 4351 establish emission limits for oxides 
of nitrogen (NOX) and other pollutants on certain boilers, 
steam generators, and process heaters. Rule 4305 was adopted locally on 
December 19, 1996, and submitted by the State on March 3, 1997. Rule 
4351 was adopted locally on October 19, 1995, and submitted by the 
State on March 26, 1996. Rule 4701 establishes NOX and other 
pollutant emissions limits on certain stationary internal combustion 
engines. Rule 4701 was adopted locally on December 19, 1996, and 
submitted by the State on March 10, 1998. Rule 4703 establishes 
NOX emissions limits on certain stationary gas turbines. 
Rule 4703 was adopted locally on October 16, 1997, and submitted by the 
State on March 10, 1998. We based our limited disapproval action on 
certain deficiencies in these rules. See the proposed rule at 63 FR 
49053 (September 14, 1998) and the final rule at 67 FR 9209 (February 
28, 2002) for a discussion of these deficiencies. This limited 
disapproval action started a sanctions clock for imposition of offset 
sanctions 18 months after April 1, 2002, and highway sanctions 6 months 
later, pursuant to section 179 of the Clean Air Act (CAA) and our 
regulations at 40 CFR 52.31.
    On August 21, 2003, SJVUAPCD adopted revisions to Rule 4351 and 
Rule 4305 that were intended to correct certain deficiencies identified 
in our limited disapproval action for these rules. On September 18, 
2003, SJVUAPCD adopted new Rule 4306, which also limits emissions of 
NOX and other pollutants on boilers, steam generators, and 
process heaters. New Rule 4306 was intended in part to correct those 
deficiencies in the previously-approved version of Rule 4305 that had 
not been addressed through the revisions to Rule 4305 as adopted by 
SJVUAPCD on August 21, 2003. On September 29, 2003, the State submitted 
these SIP revisions to EPA.
    On August 21, 2003, SJVUAPCD adopted revisions to Rule 4701, and 
adopted a new Rule 4702, which also limits NOX and other 
pollutant emissions from stationary internal combustion engines. The 
revised Rule 4701 and new Rule 4702 were intended in part to correct 
the deficiencies identified in our limited disapproval action for Rule 
4701. On October 9, 2003, the State submitted these SIP revisions to 
EPA. Finally, on April 25, 2002, SJVUAPCD adopted revisions to Rule 
4703 that were intended in part to correct the deficiencies identified 
in our limited disapproval action for this rule. On June 18, 2002, the 
State submitted these SIP revisions to EPA.
    In the Proposed Rules section of today's Federal Register, we have 
published notice of an action proposing approval of these SIP 
submittals because we believe they correct the deficiencies identified 
in our February 28, 2002 limited disapproval action. Based on today's 
proposed action, we are taking this final rulemaking action, effective 
on publication, to stay and/or defer imposition of sanctions that were 
triggered by our February 28, 2002 limited disapproval.
    EPA is providing the public with an opportunity to comment on this 
stay/deferral of sanctions. If comments are submitted that change our 
assessment described in this final determination and the proposed 
approval of new or amended SJVUAPCD Rules 4305, 4306, 4351, 4701, 4702, 
and 4703, then we intend to take subsequent action to reimpose 
sanctions pursuant to 40 CFR 51.31(d). If no comments are submitted 
that change our assessment, then all sanctions and sanction clocks will 
be permanently terminated on the effective date of a final rule 
approving SJVUAPCD Rules 4305, 4305, 4351, 4701, 4702, and 4703.

II. EPA Action

    We are making an interim final determination to stay and/or defer 
CAA section 179 sanctions associated with SJVUAPCD Rules 4351, 4305, 
4701, and 4703 based on our concurrent action proposing approval of 
revisions to the State's SIP as correcting deficiencies that initiated 
sanctions.
    Because EPA has preliminarily determined that the State has 
corrected the deficiencies identified in EPA's limited disapproval 
action, relief from sanctions should be provided as quickly as 
possible. Therefore, EPA is invoking the good cause exception under the 
Administrative Procedure Act (APA) in not providing an opportunity for 
comment before this action takes effect (5 U.S.C. 553(b)(3)). However, 
by this action EPA is providing the public with a chance to comment on 
EPA's determination after the effective date, and EPA will consider any 
comments received in determining whether to reverse such action.

[[Page 7097]]

    EPA believes that notice-and-comment rulemaking before the 
effective date of this action is impracticable and contrary to the 
public interest. EPA has reviewed the State's submittal and, through 
its proposed action, is indicating that it is more likely than not that 
the State has corrected the deficiencies that started the sanctions 
clocks. Therefore, it is not in the public interest to initially impose 
sanctions or to keep applied sanctions in place when the State has most 
likely done all it can to correct the deficiencies that triggered the 
sanctions clocks. Moreover, it would be impracticable to go through 
notice-and-comment rulemaking on a finding that the State has corrected 
the deficiencies prior to the rulemaking approving the State's 
submittal. Therefore, EPA believes that it is necessary to use the 
interim final rulemaking process to stay and/or defer sanctions while 
EPA completes its rulemaking process on the approvability of the 
State's submittal. Moreover, with respect to the effective date of this 
action, EPA is invoking the good cause exception to the 30-day notice 
requirement of the APA because the purpose of this notice is to relieve 
a restriction (5 U.S.C. 553(d)(1)).

III. Statutory and Executive Order Reviews

    This action stays and/or defers federal sanctions and imposes no 
additional 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 is not subject to Executive Order 13211, ``Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use'' (66 FR 28355, May 22, 2001) because it is not a 
significant regulatory action.
    The administrator certifies that this action 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.).
    This rule 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 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 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 rule 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.
    The requirements of section 12(d) of the National Technology 
Transfer and Advancement Act of 1995 (15 U.S.C. 272) do not apply to 
this rule because it imposes no standards.
    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 to Congress and the Comptroller 
General. However, section 808 provides that any rule for which the 
issuing agency for good cause finds 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). EPA has made such a good cause 
finding, including the reasons therefor, and established an effective 
date of February 12, 2004. 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 rule is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by April 12, 2004. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule for the purpose of judicial review nor does 
it extend the time within which petition for judicial review may be 
filed, and shall not postpone the effectiveness of such rule or action. 
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 
regulations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
recordkeeping requirements.

    Dated: February 3, 2004.
Wayne Nastri,
Regional Administrator, Region IX.
[FR Doc. 04-3077 Filed 2-11-04; 8:45 am]
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