[Federal Register: November 16, 2004 (Volume 69, Number 220)]
[Rules and Regulations]
[Page 67060-67062]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16no04-14]
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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).
[[Page 67061]]
ACTION: Interim final rule.
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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 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, 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-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 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
[[Page 67062]]
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]
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