[Federal Register Volume 61, Number 15 (Tuesday, January 23, 1996)]
[Rules and Regulations]
[Pages 1720-1721]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-875]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[OH91-1-7265a; FRL-5401-6]
Approval and Promulgation of Implementation Plans; Ohio; Interim
Final Determination That State has Corrected Deficiencies
AGENCY: United States Environmental Protection Agency (USEPA).
ACTION: Interim final determination.
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SUMMARY: In the proposed rule section of today's Federal Register,
USEPA is proposing to approve revisions to Ohio's particulate matter
plans for Cuyahoga County and the Steubenville area that the State
submitted on November 3, 1995. The notice of proposed rulemaking
further proposes to conclude that the deficiencies in these plans
identified in rulemaking published on May 27, 1994, at 59 FR 27464,
have now been remedied. Based on that proposed full approval, EPA is
making an interim final determination by this action that the State has
corrected the deficiency for which a sanctions clock began on June 27,
1994. Pursuant to 40 CFR 52.31, this action will defer the application
of the offset sanction and potentially defer the application of the
highway sanction. Although this action is effective upon publication,
EPA will take comment. USEPA will take final action on this
determination at the time it takes final action on the State's
submittal.
DATES: This interim final determination is effective January 23, 1996.
Comments must be received by February 22, 1996.
ADDRESSES: Comments should be sent to: J. Elmer Bortzer, Chief,
Regulation Development Section, Regulation Development Branch (AE-17J),
United States Environmental Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
FOR FURTHER INFORMATION CONTACT: John Summerhays, Regulation
Development Section, Regulation Development Branch (AR-18J), U.S.
Environmental Protection Agency, Region 5, Chicago, Illinois 60604,
(312) 886-6067.
SUPPLEMENTARY INFORMATION:
I. Background
On May 27, 1994, at 59 FR 27464, USEPA published a limited
disapproval in the Federal Register of Ohio's particulate matter plans
for Cuyahoga County and the Steubenville area. USEPA's disapproval
action started an 18-month clock for the application of the offset
sanction (followed by the highway funding sanction 6 months later)
under section 179 of the Clean Air Act. The State subsequently
submitted revisions to the particulate matter plans on November 3,
1995. In the Proposed Rules section of today's Federal Register, USEPA
is proposing full approval of the State submittal.
Based on the proposed approval, USEPA believes that it is more
likely than not that the State has corrected the deficiencies
underlying the original disapproval. Therefore, USEPA is taking this
final rulemaking action, effective on publication, finding that the
State has corrected the deficiencies. Nevertheless, USEPA is providing
the public with an opportunity to comment on this final action. If
warranted, USEPA will reverse this determination, potentially in
conjunction with reproposed action on the State's submittal. In any
case, USEPA plans final action on its determination of whether the
deficiencies have been corrected in conjunction with final rulemaking
on the State's submittal.
This action does not stop the sanctions clock that started for this
area on June 27, 1994. However, this action will defer the application
of the offsets sanction and will defer the application of the highway
sanction. See 59 FR 39832 (August 4, 1994), codified at 40 CFR 52.31.
If USEPA determines, as a result of public comment, that the State's
submittal is not fully approvable and this final action was
inappropriate, USEPA will either propose or take final action finding
that the State has not corrected the original disapproval deficiency,
at which time (subsequent to December 27, 1995) the offset sanction
shall apply. Alternatively, if USEPA takes final action fully approving
the State's submittal, such action will permanently stop the sanctions
clock and will permanently lift any applied or deferred sanctions. In
the meantime, pending further rulemaking, the application of sanctions
will be deferred.
II. EPA Action
EPA is taking interim final action finding that the State has
corrected the deficiencies that started the sanctions clock with
respect to particulate matter plans for the Cuyahoga County and
Steubenville nonattainment areas. Based on this action, application of
the offset sanction and the highway sanction will be deferred until
final action fully approving the State's submittal becomes effective or
until USEPA takes action proposing or finally disapproving in whole or
part the State submittal. If USEPA takes final action fully approving
the State submittal, the sanctions clocks will be permanently stopped
and any applied or deferred sanctions will be permanently lifted.
Because USEPA has preliminarily determined that the State has an
approvable plan, relief from sanctions should be provided as quickly as
possible. Therefore, USEPA 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.
Sec. 553(b)(B). USEPA believes that notice-and-comment rulemaking
before the effective date of this action is impracticable and contrary
to the public interest. USEPA 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 deficiency that started the
sanctions clock. Therefore, it is not in the public interest to
initially impose sanctions when the State has most likely done all that
it can to correct the deficiency that triggered the sanctions clock.
Moreover, it would be impracticable to go through notice-and comment
rulemaking on a finding that the State has corrected the deficiency
prior to the rulemaking approving the State's submittal. Therefore,
USEPA believes that it is necessary to use the interim final rulemaking
process to temporarily defer sanctions while USEPA completes its
rulemaking process on the approvability of the State's submittal.
Moreover, with respect to the effective date of this action, USEPA is
invoking the good cause exception to the 30-day notice requirement of
the APA because the
[[Page 1721]]
purpose of this notice is to relieve a restriction. See 5 U.S.C.
Sec. 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.
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Under the Regulatory Flexibility Act, 5 U.S.C. Section 600 et seq.,
USEPA 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, USEPA 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.
Under Sections 202, 203, and 205 of the Unfunded Mandates Reform
Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22,
1995, USEPA must undertake various actions in association with proposed
or final rules that include a Federal mandate that may result in
estimated costs of $100 million or more to the private sector or to
State, local, or tribal governments in the aggregate. This interim
final determination temporarily relieves sources of an additional
burden potentially placed on them by the sanctions provisions of the
Act. Therefore, no additional costs to State, local, or tribal
governments or to the private sector result from this action. USEPA has
also determined that this action does not include a mandate that may
result in estimated costs of $100 million or more to State, local, or
tribal governments in the aggregate or to the private sector.
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
Air Pollution control, Environmental protection, Intergovernmental
relations, Particulate matter, Reporting and record keeping
requirements.
Dated: December 13, 1995.
Gail C. Ginsberg,
Acting Regional Administrator.
[FR Doc. 96-875 Filed 1-22-96; 8:45 am]
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