Approval and Promulgation of Implementation Plans; California State Implementation Plan Revision; Interim Final Determination That State Has Corrected the Deficiency

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 79-1-6637c; FRL 5069-5]

Approval and Promulgation of Implementation Plans; California

State Implementation Plan Revision; Interim Final Determination That

State Has Corrected the Deficiency

AGENCY: Environmental Protection Agency (EPA).

ACTION: Interim final rule.

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SUMMARY: Elsewhere in today's Federal Register EPA has published a

direct final rulemaking fully approving revisions to the California

State Implementation Plan. The revisions concern Sacramento

Metropolitan Air Quality Management District (SMAQMD) Rules 442,

Architectural Coatings; 443, Leaks from Synthetic Organic Chemical and

Polymer Manufacturing; 446, Storage of Petroleum Products; 447, Organic

liquid loading, and 452, Can Coating. EPA has also published a proposed

rulemaking to provide the public with an opportunity to comment on

EPA's action. If a person submits adverse comments on EPA's proposed

action within 30 days of publication of the proposed and direct final

actions, EPA will withdraw its direct final action and will consider

any comments received before taking final action on the State's

submittal. Based on the proposed full approval, EPA is making an

interim final determination by this action that the State has corrected

the deficiency for which a sanctions clock began on March 17, 1993.

This action will defer the application of the offset sanction and defer

the application of the highway sanction. Although this action is

effective upon publication, EPA will take comment. If no comments are

received on EPA's proposed approval of the State's submittal, the

direct final action published in today's Federal Register will also

finalize EPA's determination that the State has corrected the

deficiency that started the sanctions clock. If comments are received

on EPA's proposed approval and this interim final action, EPA will

publish a final action taking into consideration any comments received.

DATES: This interim final rule is effective on September 16, 1994.

Comments must be received by October 17, 1994.

ADDRESSES: Comments should be sent to: Rulemaking Section (A-5-3), Air

and Toxics Division, U.S. Environmental Protection Agency, Region IX,

75 Hawthorne Street, San Francisco, CA 94105.

The state submittal and EPA's analysis for that submittal, which

are the basis for this action, are available for public review at the

above address and at the following locations:

Environmental Protection Agency, Air Docket 6102, 401 ``M'' Street SW.,

Washington, DC 20460.

California Air Resources Board, Stationary Source Division, Rule

Evaluation Section, 2020 ``L'' Street, Sacramento, CA 92123-1095.

Sacramento Metropolitan Air Quality Management District, 8475 Jackson

Road, Suite 230, Sacramento, CA 95826.

FOR FURTHER INFORMATION CONTACT: Daniel A. Meer, Chief, Rulemaking

Section (A-5-3), Air and Toxics Division, U.S. Environmental Protection

Agency, Region IX, 75 Hawthorne Street, San Francisco, CA 94105,

Telephone: (415) 744-1185.

SUPPLEMENTARY INFORMATION:

I. Background

On April 5, 1991, the State submitted SMAQMD's Rule 443, Leaks from

Synthetic Organic Chemical and Polymer Manufacturing, and Rule 452, Can

Coating. On May 13, 1991, the State submitted SMAQMD's Rule 442,

Architectural Coatings, and Rule 446, Storage of Petroleum Products. On

October 25, 1991, the State submitted SMAQMD's Rule 447, Organic Liquid

Loading. EPA published a limited disapproval for the above Rules in the

Federal Register on February 16, 1993. 58 FR 8545. EPA's disapproval

action started an 18-month clock for the application of one sanction

(followed by a second sanction 6 months later) under section 179 of the

Clean Air Act (Act) and a 24-month clock for promulgation of a Federal

Implementation Plan (FIP) under section 110(c) of the Act. The State

subsequently submitted revised rules on March 29, 1994. EPA has taken

direct final action on this submittal pursuant to its modified direct

final policy set forth at 59 FR 24054 (May 10, 1994). In the rules

section of today's Federal Register, EPA has issued a direct final full

approval of the State of California's submittal of SMAQMD's Rule 442,

Architectural Coatings; Rule 443, Leaks from Synthetic Organic Chemical

and Polymer Manufacturing; Rule 446, Storage of Petroleum Products;

Rule 447, Organic Liquid Loading, and Rule 452, Can Coating. In

addition, in the proposed rules section of today's Federal Register,

EPA has proposed full approval of the State's submittal.

Based on the proposed and direct final approval set forth in

today's Federal Register, EPA believes that it is more likely than not

that the State has corrected the original disapproval deficiency.

Therefore, EPA is taking this final rulemaking action, effective on

publication, finding that the State has corrected the deficiency.

However, EPA is also providing the public with an opportunity to

comment on this final action. If, based on any comments on this action

and any comments on EPA's proposed full approval of the State's

submittal, EPA determines that the State's submittal is not fully

approvable and this final action was inappropriate, EPA will either

propose or take final action finding that the State has not corrected

the original disapproval deficiency. As appropriate, EPA will also

issue an interim final determination or a final determination that the

deficiency has not been corrected. Until EPA takes such an action, the

application of sanctions will continue to be deferred and or stayed.

This action does not stop the sanctions clock that started for this

area on March 17, 1993. However, this action will defer the application

of the offsets sanction and will defer the application of the highway

sanction. See 59 FR 39832 (Aug. 4, 1994). If EPA's direct final action

fully approving the State's submittal becomes effective, such action

will permanently stop the sanctions clock and will permanently lift any

applied, stayed or deferred sanctions. If EPA must withdraw the direct

final action based on adverse comments and EPA subsequently determines

that the State, in fact, did not correct the disapproval deficiency,

EPA will also determine that the State did not correct the deficiency

and the sanctions consequences described in the sanctions rule will

apply. See 59 FR 39832, to be codified at 40 CFR 52.31.

II. EPA Action

EPA is taking interim final action finding that the State has

corrected the disapproval deficiency that started the sanctions clock.

Based on this action, application of the offset sanction will be

deferred and application of the highway sanction will be deferred until

EPA's direct final action fully approving the State's submittal becomes

effective or until EPA takes action proposing or finally disapproving

in whole or part the State submittal. If EPA's direct final action

fully approving the State submittal becomes effective, at that time any

sanctions clocks will be permanently stopped and any applied, 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 under the

Administrative Procedure Act (APA) in not providing an opportunity for

comment before this action takes effect.1 5 U.S.C. 553(b)(B). 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 and

direct final action is indicating that it is more likely than not that

the State has corrected the deficiency that started the sanctions

clock. 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 that it can to correct the deficiency that triggered

the sanctions clock.

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\1\As previously noted, 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.

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Moreover, it would be impracticable to go through notice-and

comment rulemaking on a finding that the State has corrected the

deficiency prior to the rulemaking approving the State's submittal.

Therefore, EPA believes that it is necessary to use the interim final

rulemaking process to temporarily stay 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. See 5 U.S.C. 553(d)(1).

The Office of Management and Budget (OMB) has exempted this action

from review under Executive Order 12866.

Under the Regulatory Flexibility Act, 5 U.S.C. 600 et. seq., EPA

must prepare a regulatory flexibility analysis assessing the impact of

any proposed or final rule on small entities. 5 U.S.C. sections 603 and

604. Alternatively, EPA may certify that the rule will not have a

significant economic impact on a substantial number of small entities.

Small entities include small businesses, small not-for-profit

enterprises, and government entities with jurisdiction over populations

of less than 50,000.

This action temporarily relieves sources of an additional burden

potentially placed on them by the sanctions provisions of the Act.

Therefore, I certify that it does not have an impact on any small

entities.

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Hydrocarbons,

Incorporation by reference, Intergovernmental regulations, Reporting

and recordkeeping requirements, Ozone, Volatile organic compounds.

Authority: 42 U.S.C. 7401-7671q.

Date Signed: August 27, 1994.

Felicia Marcus,

Regional Administrator.

[FR Doc. 94-23082 Filed 9-14-94; 10:27 am]

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