[Federal Register Volume 69, Number 100 (Monday, May 24, 2004)]
[Rules and Regulations]
[Pages 29449-29451]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-11552]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 169-0440c; FRL-7665-3]


Interim Final Determination That State Has Corrected a Deficiency 
in the California State Implementation Plan, Ventura County Air 
Pollution Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Interim final determination.

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SUMMARY: EPA is making an interim final determination to stay the 
imposition of sanctions based on a direct final approval of revisions 
to the Ventura County Air Pollution Control District (VCAPCD) portion 
of the California State Implementation Plan (SIP) published elsewhere 
in today's Federal Register. The revisions concern VCAPCD Rule 70.

DATES: This interim final determination is effective on May 24, 2004. 
However, comments will be accepted until June 23, 2004.

ADDRESSES: Send comments to Andy Steckel, Rulemaking Office Chief (AIR-
4), U.S. Environmental Protection Agency, Region IX, 75 Hawthorne

[[Page 29450]]

Street, San Francisco, CA 94105, or e-mail to [email protected], 
or submit comments at http://www.regulations.gov.
    You can inspect a copy 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 a copy of the submitted rule revisions 
and TSD at the following locations:

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.
Ventura County Air Pollution Control District, 669 County Square Drive, 
Ventura, CA 93003.
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 Web site and may not contain the same version of the rule that was 
submitted to EPA.

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

SUPPLEMENTARY INFORMATION:

I. Background

    On October 29, 2002 (67 FR 65873), we published a limited approval 
and limited disapproval of VCAPCD Rule 70 as revised locally on 
November 14, 2000 and submitted by the State on January 15, 2004. We 
based our limited disapproval action on a deficiency in the submittal. 
This limited disapproval action started a sanctions clock for 
imposition of offset sanctions on May 30, 2004, 18 months after 
November 29, 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 November 11, 2003, ADEQ adopted revisions to Rule 70 that were 
intended to correct the deficiency identified in our limited 
disapproval action. On January 15, 2004, the State submitted these 
revisions to EPA. In the Rules section of today's Federal Register, we 
have made direct final approval on this submittal because we believe it 
corrects the deficiencies identified in our October 29, 2002 
disapproval action. Based on today's direct final approval, we are 
taking this final rulemaking action, effective on publication, to stay 
the imposition of sanctions that were triggered by our October 29, 2002 
limited disapproval.
    EPA is providing the public with an opportunity to comment on this 
stay of sanctions. If comments are submitted that change our assessment 
described in this final determination and the direct final approval of 
revised VCAPCD Rule 70, we intend to take subsequent final 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 approval.

II. EPA Action

    We are making an interim final determination to stay the CAA 
section 179 sanctions associated with VCAPCD Rule 70 based on our 
concurrent direct final approval of the State's SIP revision as 
correcting a deficiency 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.
    We believe 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 the 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. See 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

[[Page 29451]]

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 May 24, 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 July 23, 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, Ozone, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Dated: May 7, 2004.
Laura Yoshii,
Deputy Regional Administrator, Region IX.
[FR Doc. 04-11552 Filed 5-21-04; 8:45 am]
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