67060 Federal Register / Vol. 69, No. 220 / Tuesday, November 16, 2004 / Rules and Regulations 

we are simultaneously proposing 

approval of the same submitted rules. If 

we receive adverse comments by 

December 16, 2004, we will publish a 

timely withdrawal in the Federal 

Register to notify the public that the 

direct final approval will not take effect 

and we will address the comments in a 

subsequent final action based on the 

proposal. If we do not receive timely 

adverse comments, the direct final 

approval will be effective without 

further notice on January 18, 2005. This 

will incorporate these rules into the 

federally-enforceable SIP and will 

permanently terminate all sanction and 

FIP implications of our limited 

disapproval of a previous version of 

Rule 403. 

Please note that if EPA receives 

adverse comment on an amendment, 

paragraph, or section of this direct final 

rule and if that provision may be 

severed from the remainder of the rule, 

EPA may adopt as final those provisions 

of the rule that are not the subject of an 

adverse comment. 

III. Statutory and Executive Order 

Reviews 

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. For 

this reason, this action is also not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001). This action merely approves 

state law as meeting Federal 

requirements and imposes no additional 

requirements beyond those imposed by 

state law. Accordingly, the 

Administrator certifies that this rule 

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.). Because this 

rule approves pre-existing requirements 

under state law and does not impose 

any additional enforceable duty beyond 

that required by state law, it 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 also 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 also 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 action merely 

approves a state rule implementing a 

Federal standard, and does not alter the 

relationship or the distribution of power 

and responsibilities established in the 

Clean Air Act. This rule also 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.

In reviewing SIP submissions, EPA’s 

role is to approve state choices, 

provided that they meet the criteria of 

the Clean Air Act. In this context, in the 

absence of a prior existing requirement 

for the State to use voluntary consensus 

standards (VCS), EPA has no authority 

to disapprove a SIP submission for 

failure to use VCS. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a SIP submission, 

to use VCS in place of a SIP submission 

that otherwise satisfies the provisions of 

the Clean Air Act. Thus, the 

requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. 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, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. 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 action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, 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 

purposes of judicial review nor does it 

extend the time within which a 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, Incorporation by 

reference, Intergovernmental relations, 

Particulate matter, Reporting and 

recordkeeping requirements, Sulfur 

oxides.

Authority: 42 U.S.C. 7401 et seq.

Dated: October 13, 2004. 

Keith Takata, 

Acting Regional Administrator, Region IX.

■ Part 52, chapter I, title 40 of the Code 

of Federal Regulations is amended as 

follows:

PART 52—[AMENDED]

■ 1. The authority citation for part 52 

continues to read as follows:

Authority: 42 U.S.C. 7401 et seq.

Subpart F—California

■ 2. Section 52.220 is amended by 

adding paragraph (c)(332) to read as 

follows:

§ 52.220 Identification of plan.

* * * * *

(c) * * *

(332) Amended regulations for the 

following APCDs were submitted on 

July 19, 2004, by the Governor’s 

designee. 

(i) Incorporation by reference. 

(A) Imperial County Air Pollution 

Control District. 

(1) Rule 403, adopted on November 

19, 1985 and revised on May 18, 2004 

and Rule 405, adopted prior to 

November 4, 1977 and revised on May 

18, 2004.

[FR Doc. 04–25300 Filed 11–15–04; 8:45 am] 

BILLING CODE 6560–50–P

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).

Federal Register / Vol. 69, No. 220 / Tuesday, November 16, 2004 / Rules and Regulations 67061

ACTION: Interim final rule.

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 email to steckel.andrew@epa.gov, 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 petersen.alfred@epa.gov.

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-andcomment 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 noticeand-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 

67062 Federal Register / Vol. 69, No. 220 / Tuesday, November 16, 2004 / Rules and Regulations 

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] 

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52

[CA120–REC; FRL–7837–9] 

Corrections to the California State 

Implementation Plan

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is finalizing the deletion 

of various local rules from the California 

State Implementation Plan (SIP) that 

were incorporated into the SIP in error. 

These primarily include rules 

concerning procedures before the local 

hearing board, local fees, enforcement 

authorities, posting of permits, 

administrative permit requirements, and 

appeals. EPA has determined that the 

continued presence of these rules in the 

SIP is potentially confusing and thus 

harmful to affected sources, local 

agencies and to EPA. The intended 

effect of this final action is to delete 

these rules and make the SIP consistent 

with the Clean Air Act as amended in 

1990 (CAA or the Act).

DATES: Effective Date: This rule is 

effective on December 16, 2004.

ADDRESSES: You may inspect copies of 

the administrative record for this action 

at EPA’s Region IX office during normal 

business hours. You may also see copies 

of the rules at the locations listed in 

SUPPLEMENTARY INFORMATION under 

‘‘Public Inspection.’’

FOR FURTHER INFORMATION CONTACT: Julie 

A. Rose, Rulemaking Office (AIR–4), Air 

Division, U.S. Environmental Protection 

Agency, Region IX, 75 Hawthorne 

Street, San Francisco, CA 94105; (415) 

947–4126. E-mail: rose.julie@EPA.gov.

SUPPLEMENTARY INFORMATION: 

Public Inspection

California Air Resources Board, Stationary 

Source Division, Rule Evaluation Section, 

1001 ‘‘I’’ Street, Sacramento, CA 95814

Amador County Air Pollution Control 

District, 500 Argonaut Lane, Jackson, CA 

95642

Antelope Valley Air Pollution Control 

District, 43301 Division Street, Suite 206, 

Lancaster, CA 93539–4409

Bay Area Air Quality Management District, 

939 Ellis Street, San Francisco, CA 94109

Butte County Air Quality Management 

District, 2525 Dominic Drive, Suite J, 

Chico, CA 95928–7184

Calaveras County Air Pollution Control 

District, 891 Mountain Ranch Road, San 

Andreas, CA 95249–9709

Colusa County Air Pollution Control District, 

100 Sunrise Blvd., Suite F, Colusa, CA 

95932–3246

El Dorado County Air Pollution Control 

District, 2850 Fairlane Court, Building C, 

Placerville, CA 95667–4100

Feather River Air Quality Management 

District, 938–14th Street, Marysville, CA 

95901–4149

Glenn County Air Pollution Control District, 

720 North Colusa Street, Willows, CA 

95988–0351

Great Basin Unified Air Pollution Control 

District, 157 Short Street, Suite 6, Bishop, 

CA 93514

Imperial County Air Pollution Control 

District, 150 South Ninth Street, El Centro, 

CA 92243–2801

Kern County (Southeast Desert) Air Pollution 

Control District, 2700 M. Street, Suite 302, 

Bakersfield, CA 93301–2370

Lake County Air Quality Management 

District, 883 Lakeport Blvd., Lakeport, CA 

95453–5405

Lassen County Air Pollution Control District, 

175 Russell Avenue, Susanville, CA 

96130–4215

Mariposa County Air Pollution Control 

District, 5110 Bullion Street, Mariposa, CA 

95338

Mendocino County Air Quality Management 

District, 306 E. Gobbi Street, Ukiah, CA 

95482

Modoc County Air Pollution Control District, 

202 W. Fourth Street, Alturas, CA 96101

Mojave Desert Air Quality Management 

District, 14306 Park Avenue, Victorville, 

CA 92392–2310

Monterey Bay Unified Air Pollution Control 

District, 24580 Silver Cloud Ct., Monterey, 

CA 93940–6536

North Coast Unified Air Quality Management 

District, 2300 Myrtle Avenue, Eureka, CA 

95501–3327

Northern Sierra Air Quality Management 

District, 200 Litton Drive, Suite 320, Grass 

Valley, CA 95945–2509

Northern Sonoma County Air Pollution 

Control District, 150 Matheson Street, 

Healdsburg, CA 95448–4908

Placer County Air Pollution Control District, 

11464 B Avenue, Auburn, CA 95603

San Diego County Air Pollution Control 

District, 9150 Chesapeake Drive, San 

Diego, CA 92123–1096

San Joaquin Valley Unified Air Pollution 

Control District, 1990 East Gettysburg, 

Fresno, CA 93726

San Luis Obispo County Air Pollution 

Control District, 3433 Roberto Court, San 

Luis Obispo, CA 93401–7126

Santa Barbara County Air Pollution Control 

District, 26 Castilian Drive, B–23, Goleta, 

CA 93117

Shasta County Air Quality Management 

District, 1855 Placer Street, Suite 101, 

Redding, CA 96001–1759

Siskiyou County Air Pollution Control 

District, 525 South Foothill Drive, Yreka, 

CA 96097–3036