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Interim Final Determination That State Has Corrected the Deficiency

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[Federal Register: January 2, 2002 (Volume 67, Number 1)]
[Rules and Regulations]
[Page 18-19]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02ja02-5]

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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA 252-0312c; FRL-7118-3]
 
Interim Final Determination That State Has Corrected the 
Deficiency

AGENCY: Environmental Protection Agency (EPA).
ACTION: Interim final determination.

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SUMMARY: Elsewhere in today's Federal Register, EPA has published a 
direct final rulemaking fully approving revisions to the California 
State Implementation Plan. The revisions concern Mojave Desert Air 
Quality Management rule 1161. EPA has also published a proposed 
rulemaking to provide the public with an opportunity to comment on 
EPA's action. If a person submits adverse comments on EPA's direct 
final action, EPA will withdraw its direct final rule and will consider 
any comments received before taking final action on the State's 
submittal. Based on the proposal, EPA is making an interim final 
determination by this action that the State has corrected the 
deficiency for which a sanctions clock began on May 11, 2000. This 
action will defer the imposition of the offset and highway sanctions. 
Although this action is effective upon publication, EPA will take 
comment. If no comments are received on EPA's approval of the State's 
submittal, the direct final action published in today's Federal 
Register will also finalize EPA's determination that the State has 
corrected the deficiency that started the sanctions clock. If comments 
are received on EPA's approval and this interim final action, EPA will 
publish a final notice taking into consideration any comments received.

DATES: This action becomes effective January 2, 2002. Comments must be 
received by February 1, 2002.

ADDRESSES: Written comments must be submitted to Andrew Steckel, 
Rulemaking Section (AIR-4), Air Division, U.S. Environmental Protection 
Agency, Region IX, 75 Hawthorne Street, San Francisco, CA 94105.
    Copies of the rule revisions and EPA's evaluation report are 
available for public inspection at EPA's Region IX office during normal 
business hours. Copies of the submitted rule revisions are available 
for inspection at the following locations:

U.S. Environmental Protection Agency, Region IX, Rulemaking Office 
(AIR-4), Air Division, 75 Hawthorne Street, San Francisco, CA 94105
California Air Resources Board, Stationary Source Division, Rule 
Evaluation Section, 2020 ``L'' Street, Sacramento, CA 95812.
Mohave Desert Air Quality Management District, 14306 Park Avenue, 
Victorville, CA 92392

FOR FURTHER INFORMATION CONTACT: Charnjit Bhullar, Rulemaking Office, 
AIR-4, Air Division, U.S. Environmental Protection Agency, Region IX, 
75 Hawthorne Street, San Francisco, CA 94105, Telephone: (415) 972-3960

SUPPLEMENTARY INFORMATION:

I. Background

    On June 29, 1995, the State submitted MDAQMD Rule 1161, for which 
EPA published a limited disapproval in the Federal Register on May 11, 
2000. 65 FR 11674. EPA's disapproval action started an 18-month clock 
for the imposition of one sanction (followed by a second sanction 6 
months later) and a 24-month clock for promulgation of a Federal 
Implementation Plan (FIP). The State subsequently submitted a revised 
version of this rule on November 8, 2001. EPA is taking direct final 
action on this submittal pursuant to its modified direct final policy 
set forth at 59 FR 24054 (May 10, 1994). In the Rules section of 
today's Federal Register, EPA has issued a direct final full approval 
of the State of California's submittal of MDAQMD Rule 1161. In 
addition, in the Proposed Rules section of today's Federal Register, 
EPA has proposed full approval of the State's submittal.
    Based on the proposal 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 
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 this action 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 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 been corrected.
    This action does not stop the sanctions clock that started for this 
area on May 11, 2000. However, this action will defer the imposition of 
the offset and highway sanctions. If EPA's direct final action fully 
approving the State's submittal becomes effective, such action will 
permanently stop the sanctions clock and will permanently lift any 
imposed, stayed or deferred sanctions. If EPA must withdraw the direct 
final action based on adverse comments and EPA subsequently determines 
that the State, in fact, did not correct the disapproval deficiencies, 
EPA will also determine that the State did not correct the deficiency 
and the sanctions consequences described in the sanctions rule will 
apply.

II. EPA Action

    EPA is taking interim final action finding that the State has 
corrected the disapproval deficiency that started the sanctions clock. 
Based on this action, imposition of the offset and highway sanctions 
will be deferred until EPA's direct final action fully approving the

[[Page 19]]

State's submittal becomes effective or until EPA takes action proposing 
or finally disapproving in whole or part the State submittal. If EPA's 
direct final action fully approving the State submittal becomes 
effective, at that time any sanctions clocks will be permanently 
stopped and any imposed sanctions will be permanently lifted.
    Because EPA has preliminarily determined that the State has an 
approvable plan, relief from sanctions should be provided as quickly as 
possible. Therefore, EPA is invoking the good cause exception to the 
30-day notice requirement of the Administrative Procedure Act because 
the purpose of this notice is to relieve a restriction. See 5 U.S.C. 
553(d)(1).

III. Administrative 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. For this 
reason, this action is also not subject to Executive Order 32111, 
``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 (Public Law 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 March 4, 2002. 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 regulations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements.

    Dated: November 29, 2001.
Laura Yoshii,
Deputy Regional Administrator, Region IX.
[FR Doc. 01-32098 Filed 12-31-01; 8:45 am]
BILLING CODE 6560-50-P

 
 

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