[Federal Register Volume 69, Number 220 (Tuesday, November 16, 2004)]
[Rules and Regulations]
[Pages 67060-67062]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-25299]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 309-0468c; FRL-7834-5]


Interim Final Determination To Stay Sanctions, Imperial County 
Air Pollution Control District

AGENCY: Environmental Protection Agency (EPA).

[[Page 67061]]


ACTION: Interim final rule.

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SUMMARY: EPA is making an interim final determination to stay 
imposition of sanctions based on a proposed approval of revisions to 
the Imperial County Air Pollution Control District (ICAPCD) portion of 
the California State Implementation Plan (SIP) published elsewhere in 
today's Federal Register. The revisions concern ICAPCD Rule 403.

DATES: This interim final determination is effective on November 16, 
2004. However, comments will be accepted until December 16, 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 a copy of the submitted rule revisions, EPA's 
technical support document (TSD), 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
Imperial County Air Pollution Control District, 150 South 9th Street, 
El Centro, CA 92243

    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, EPA Region IX, (415) 947-
4118 or [email protected].

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

I. Background

    On March 24, 2003 (68 FR 14161), we published a limited approval 
and limited disapproval of ICAPCD Rule 403 as adopted locally on July 
24, 2001, and submitted by the State on October 30, 2001. We based our 
limited disapproval action on certain deficiencies in the submittal. 
This disapproval action started a sanctions clock for imposition of 
offset sanctions 18 months after April 23, 2004, 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 May 18, 2004, ICAPCD adopted revisions to Rule 403 that were 
intended to correct the deficiencies identified in our limited 
disapproval action. On July 19, 2004, the State submitted these 
revisions to EPA. In the Proposed Rules section of today's Federal 
Register, we have given proposed approval of this submittal because we 
believe it corrects the deficiencies identified in our March 24, 2003, 
disapproval action. Based on today's proposed approval, we are taking 
this final rulemaking action, effective on publication, to stay 
imposition of sanctions that were triggered by our March 24, 2003, 
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 proposed approval of 
revised ICAPCD Rule 403, 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 the 
proposed rule approval.

II. EPA Action

    We are making an interim final determination to stay CAA section 
179 sanctions associated with ICAPCD Rule 403 based on our concurrent 
proposed approval of the State's SIP revision 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.
    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 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 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

[[Page 67062]]

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 November 16, 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 January 18, 2005. 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, Particulate matter, Reporting and recordkeeping 
requirements.

    Dated: October 13, 2004.
Keith Takata,
Acting Regional Administrator, Region IX.
[FR Doc. 04-25299 Filed 11-15-04; 8:45 am]
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