[Federal Register Volume 60, Number 6 (Tuesday, January 10, 1995)]
[Rules and Regulations]
[Pages 2523-2524]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-520]



=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[OAQPS No. CA-102-3-6756b; FRL-5135-6]


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.

-----------------------------------------------------------------------

SUMMARY: Elsewhere in today's Federal Register EPA has published a 
notice of proposed rulemaking for full approval of revisions to the 
California State Implementation Plan. The revisions concern rules from 
the Placer County Air Pollution Control District (PCAPCD) and the San 
Diego County Air Pollution Control District (SDCAPCD): PCAPCD Rule 223, 
Metal Container Coating; PCAPCD Rule 410, Recordkeeping for Volatile 
Organic Compound Emissions; and SDCAPCD Rule 67.4, Metal Container, 
Metal Closure, and Metal Coil Coating Operations. The proposed 
rulemaking provides the public with an opportunity to comment on EPA's 
action approving PCAPCD Rules 223 and 410, and SDCAPCD Rule 67.4. Based 
on the proposed full approval, EPA is making an interim final 
determination by this action that the State has corrected the 
deficiencies for which sanctions clocks began on June 16, 1993. This 
action will defer the application of the offset sanctions and defer the 
application of the highway sanctions. Although the interim final action 
is effective upon publication, EPA will take comment. If no comments 
are received on this action or EPA's proposed approval of the State's 
submittal, EPA will finalize its determination that the State has 
corrected the deficiencies that started the sanctions clocks by 
publishing a notice of final rulemaking in the Federal Register. If 
comments are received on EPA's proposed approval and this interim final 
action, EPA will publish a final notice taking into consideration any 
comments received.

DATES: Effective Date: January 10, 1995.
    Comments: Comments must be received by February 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:
    California Air Resources Board, Stationary Source Division, Rule 
Evaluation Section, 2020 ``L'' Street, Sacramento, CA 95814.
    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.

FOR FURTHER INFORMATION CONTACT: 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. Telephone: 
(415) 744-1185.

SUPPLEMENTARY INFORMATION:

I. Background

    On April 5, 1991, the State submitted PCAPCD Rule 223, Can Coating; 
PCAPCD Rule 410, Recordkeeping for Volatile Organic Compound Emissions; 
and SDCAPCD Rule 67.4, Metal Container, Metal Closure, and Metal Coil 
Coating Operations, for which EPA published limited disapprovals in the 
Federal Register on June 16, 1993. 58 FR 33196. EPA's disapproval 
actions started 18-month clocks for the 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 Federal 
Implementation Plans (FIP) under section 110(c) of the Act. The State 
subsequently submitted revised rules on October 19, 1994, November 30, 
1994, and December 21, 1994. In the Proposed Rules section of today's 
Federal Register, EPA has proposed full approval of the State of 
California's submittal of PCAPCD Rule 223, Metal Container Coating; 
PCAPCD Rule 410, Recordkeeping for Volatile Organic Compound Emissions; 
and SDCAPCD Rule 67.4, Metal Container, Metal Closure, and Metal Coil 
Coating Operations.
    Based on the proposed 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 interim 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 interim 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 sanctions clocks that started for 
these areas on 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 publishes 
a notice of final rulemaking fully approving the State's submittal, 
such action will permanently stop the sanctions clocks and will 
permanently lift any applied, stayed or deferred sanctions. If EPA must 
withdraw the proposed full approval 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 
[[Page 2524]] 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 final action fully approving the 
State's submittal becomes effective or until EPA takes action proposing 
or disapproving in whole or part the State submittal. If EPA's proposed 
rulemaking action fully approving the State submittal becomes final, 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 
corrected the deficiencies identified in EPA's limited disapproval 
actions, 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.<SUP>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 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 notice is to relieve 
a restriction. See 5 U.S.C. 553(d)(1).

    \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.
---------------------------------------------------------------------------

III. Regulatory Process

    Under the Regulatory Flexibility Act, 5 U.S.C. Section 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.
    The Office of Management and Budget (OMB) has exempted this action 
from review under Executive Order 12866.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, hydrocarbons, 
Intergovernmental regulations, Reporting and recordkeeping, Ozone, and 
Volatile organic compounds.

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

    Dated: December 27, 1994.
Felicia Marcus,
Regional Administrator.
[FR Doc. 95-520 Filed 1-9-95; 8:45 am]
BILLING CODE 6560-50-P