Federal Register / Vol. 60, No. 6 / Tuesday, January 10, 1995 / Rules and Regulations 2523

4. In § 3.272, paragraph (s) and its

authority citation are added to read as

follows:

§ 3.272 Exclusions from income.

* * * * *

(s) Radiation Exposure Compensation

Act. Any payment made under Section

6 of the Radiation Exposure

Compensation Act of 1990.

(Authority: 42 U.S.C. 2210 note)

5. In § 3.275, paragraph (h) and its

authority citation are added to read as

follows:

§ 3.275 Criteria for evaluating net worth.

* * * * *

(h) Radiation Exposure Compensation

Act. There shall be excluded from the

corpus of estate or net worth of a

claimant any payment made under

Section 6 of the Radiation Exposure

Compensation Act of 1990.

(Authority: 42 U.S.C. 2210 note)

[FR Doc. 95–487 Filed 1–9–95; 8:45 am]

BILLING CODE 8320–01–P

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
2524 Federal Register / Vol. 60, No. 6 / Tuesday, January 10, 1995 / Rules and Regulations

1As 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.

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.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).

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

40 CFR Part 52

[CT–11–1–5813; ME–11–1–6313; RI–10–1–

6319; VT–6–1–6312; A–1–FRL–5120–8]

Approval and Promulgation of Air

Quality Implementation Plans;

Connecticut, Maine, Rhode Island, and

Vermont; Emission Statements

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is approving revisions to

the respective State Implementation

Plans (SIPs) for the following four

States: Connecticut, Maine, Rhode

Island, and Vermont. Revisions to the

SIP were submitted by each of these

four States to implement an emission

statement program for stationary sources

throughout the State. Connecticut

submitted section 22a–174–4(c)(1),

under the section entitled

‘‘Recordkeeping and Reporting’’, and

amendments to the SIP narrative

entitled ‘‘Revision to State

Implementation Plan for Air Quality

Emission Statements’’ on January 12,

1993. On January 3, 1994, Maine

submitted Chapter 137, ‘‘Emission

Statements’’ and amendments to

Chapter 100, ‘‘Definitions.’’ Rhode

Island submitted amendments to

Regulation Number 14 entitled ‘‘Record

Keeping and Reporting’’ on January 12,

1993. On August 9, 1993, Vermont

submitted a rule entitled ‘‘Registration

of Air Contaminant Sources,’’ sections

5–801 through 5–806, and a SIP

Narrative, ‘‘State of Vermont Air Quality

Implementation Plan, February 1993.’’

These SIP revisions were submitted by

the States to satisfy the Federal

requirements for an emission statement

program as part of the SIP.

EFFECTIVE DATE: This rule will become

effective on February 9, 1995.

ADDRESSES: Copies of the States’

submittals and other information are

available for inspection during normal

business hours, by appointment, at the

following locations: Air, Pesticides and

Toxics Management Division, US

Environmental Protection Agency,

Region I, One Congress Street, 10th

floor, Boston, MA 02203 and Public

Information Reference Unit,

Environmental Protection Agency, 401

M Street, S.W., Washington, D.C. 20460.

In addition, Connecticut’s submittal is

available at the Bureau of Air

Management, Department of

Environmental Protection, State Office

Building, 165 Capitol Avenue, Hartford,

CT 06106; Maine’s submittal is available

at the Bureau of Air Quality Control,

Department of Environmental

Protection, State House, Station 17,

Augusta, ME 04333; Rhode Island’s

submittal is available at the Division of

Air and Hazardous Materials,

Department of Environmental

Management, 291 Promenade Street,

Providence, RI 02908–5767; and

Vermont’s submittal is available at the

Air Pollution Control Division, Agency

of Natural Resources, Department of

Environmental Management, Building 3

South, 103 South Main Street,

Waterbury, VT 05676.

FOR FURTHER INFORMATION CONTACT:

Daria L. Dilaj at (617) 565–3249.

SUPPLEMENTARY INFORMATION:

Background

On September 21, 1994 (59 FR 48411),

EPA published a notice of proposed

rulemaking (NPR) for the States of

Connecticut, Maine, Rhode Island, and

Vermont. The NPR proposed approval

of the emission statement regulations

adopted by these states. No public

comments were received on the NPR.

The following SIP revisions address

sections 182(a)(3)(B) and 184(b)(2) of the

Clean Air Act, which require that States

develop and submit, as SIP revisions,

rules which establish annual reporting

requirements for precursors of ozone

from stationary sources.

The State of Connecticut developed

an emission statement program using

the existing regulatory authority given