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 102-1-6744c; FRL-5120-3]

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 Bay Area Air Quality

Management District Regulation 8, Rules 11, 16, and 28. 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 approvals,

EPA is making an interim final determination by this action that the

State has corrected the deficiencies for which sanctions clocks began

on July 12, 1993, May 13, 1993, and June 16, 1993, respectively. The

interim final action will defer the application of the offset sanctions

and defer the application of the highway sanctions. Although the

interim final determination 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 deficiencies that started the sanctions clocks. 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 December 9, 1994.

Comments must be received by January 9, 1995.

ADDRESSES: Comments should be sent to: Daniel A. Meer, 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 95814.

Bay Area Air Quality Management District, 939 Ellis Street, San

Francisco, CA 94109.

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 December 31, 1990 the State submitted BAAQMD's Regulation 8,

Rule 11, Metal Container, Closure, and Coil Coating; Rule 16, Solvent

Cleaning Operations; and Rule 28 Pressure Relief Valves at Petroleum

Refineries and Chemical Plants. EPA published limited disapprovals for

Rule 11, Rule 16, and Rule 28 in the Federal Register on July 12, 1993,

May 13, 1993, and June 16, 1993, respectively. 58 FR 37421, 58 FR

28356, 58 FR 33194. EPA's disapproval actions started 18-month clocks

for the mandatory application of one sanction (followed by a second

sanction 6 months later) under section 179 of the Clean Air Act (Act)

and 24-month clocks for promulgation of a Federal Implementation Plan

(FIP) under section 110(c) of the Act. The State subsequently submitted

revised rules on September 28, 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 BAAQMD's Regulation 8, Rules 11, 16,

and 28. 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 deficiencies.

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

publication, finding that the State has corrected the deficiencies.

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

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

deferring application of sanctions 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 deficiencies.

As appropriate, EPA will also issue an interim final determination or a

final determination that the deficiencies have 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 mandatory sanctions clocks that

started for this area on July 12, 1993, May 13, 1993, or June 16, 1993.

However, this action will defer the application of the offsets

sanctions and will defer the application of the highway sanctions. 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 mandatory sanctions clocks and will permanently

lift any applied, stayed or deferred sanctions. If EPA withdraws the

direct final action based on adverse comments and EPA subsequently

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

deficiencies, 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 deficiencies that started the sanctions

clocks. Based on this action, application of the offset sanctions will

be deferred and application of the highway sanctions 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 mandatory sanctions clocks will be permanently stopped

and any applied, stayed or deferred sanctions will be permanently

lifted.

Because EPA has 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 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 that 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 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 document is to

relieve a restriction. See 5 U.S.C. 553(d)(1).

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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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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. 603 and 604.

Alternatively, EPA may certify that the rules 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.

Dated: December 1, 1994.

Nora L. McGee,

Acting Regional Administrator.

[FR Doc. 94-30326 Filed 12-8-94; 8:45 am]

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