[Federal Register: May 24, 2004 (Volume 69, Number 100)]
[Rules and Regulations]
[Page 29449-29451]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24my04-10]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA 169-0440c; FRL-7665-3]
Interim Final Determination That State Has Corrected a Deficiency
in the California State Implementation Plan, Ventura County Air
Pollution Control District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Interim final determination.
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SUMMARY: EPA is making an interim final determination to stay the
imposition of sanctions based on a direct final approval of revisions
to the Ventura County Air Pollution Control District (VCAPCD) portion
of the California State Implementation Plan (SIP) published elsewhere
in today's Federal Register. The revisions concern VCAPCD Rule 70.
DATES: This interim final determination is effective on May 24, 2004.
However, comments will be accepted until June 23, 2004.
ADDRESSES: Send comments to Andy Steckel, Rulemaking Office Chief (AIR-
4), U.S. Environmental Protection Agency, Region IX, 75 Hawthorne
[[Page 29450]]
Street, San Francisco, CA 94105, or e-mail to steckel.andrew@epa.gov,
or submit comments at http://www.regulations.gov.
You can inspect a copy of the submitted rule revisions and EPA's
technical support document (TSD) at our Region IX office during normal
business hours. You may also see a copy of the submitted rule revisions
and TSD at the following locations:
Environmental Protection Agency, Air Docket (6102), Ariel Rios
Building, 1200 Pennsylvania Avenue, NW., Washington DC 20460.
California Air Resources Board, Stationary Source Division, Rule
Evaluation Section, 1001 ``I'' Street, Sacramento, CA 95814.
Ventura County Air Pollution Control District, 669 County Square Drive,
Ventura, CA 93003.
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, Rulemaking Office (AIR-
4), U.S. Environmental Protection Agency, Region IX, (415) 947-4118 or
petersen.alfred@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On October 29, 2002 (67 FR 65873), we published a limited approval
and limited disapproval of VCAPCD Rule 70 as revised locally on
November 14, 2000 and submitted by the State on January 15, 2004. We
based our limited disapproval action on a deficiency in the submittal.
This limited disapproval action started a sanctions clock for
imposition of offset sanctions on May 30, 2004, 18 months after
November 29, 2002, 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 November 11, 2003, ADEQ adopted revisions to Rule 70 that were
intended to correct the deficiency identified in our limited
disapproval action. On January 15, 2004, the State submitted these
revisions to EPA. In the Rules section of today's Federal Register, we
have made direct final approval on this submittal because we believe it
corrects the deficiencies identified in our October 29, 2002
disapproval action. Based on today's direct final approval, we are
taking this final rulemaking action, effective on publication, to stay
the imposition of sanctions that were triggered by our October 29, 2002
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 direct final approval of
revised VCAPCD Rule 70, 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 a final
rule approval.
II. EPA Action
We are making an interim final determination to stay the CAA
section 179 sanctions associated with VCAPCD Rule 70 based on our
concurrent direct final approval of the State's SIP revision as
correcting a deficiency 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.
We believe 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 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 stay the 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. Statutory and Executive Order Reviews
This action stays and/or defers 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 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
[[Page 29451]]
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 May 24, 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 July 23, 2004. 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, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.
Dated: May 7, 2004.
Laura Yoshii,
Deputy Regional Administrator, Region IX.
[FR Doc. 04-11552 Filed 5-21-04; 8:45 am]
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