[Federal Register Volume 61, Number 24 (Monday, February 5, 1996)]
[Rules and Regulations]
[Pages 4216-4217]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2251]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[WV035-6001; FRL-5416-6]
Approval and Promulgation of Air Quality Implementation Plans;
West Virginia: Interim Final Determination That West Virginia Has
Corrected the Deficiencies in the Plan for the Follansbee PM-10
Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Interim Final Rule.
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SUMMARY: In the Proposed Rules section of today's Federal Register, EPA
has published a notice proposing to fully approve the State of West
Virginia's submittal of revisions to its demonstration that its SIP is
sufficient to attain national ambient air quality standards (NAAQS) for
particulate matter with aerodynamic diameter less than or equal to 10
micrometers (PM-10) in the Follansbee, West Virginia area. Based on the
proposed full approval, EPA is making an interim final determination by
this notice that the State has corrected the deficiencies for which a
sanctions clock began on August 24, 1994. This action will defer the
application of the offset sanction and defer the application of the
highway sanction. Although this action is effective upon publication,
EPA will take comment on this interim final determination as well as
EPA's proposed approval of the State's submittal. If no comments are
received on EPA's proposed approval of the State's submittal, EPA will
take final approval action which 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 proposed approval and this
interim final action, EPA will publish a final notice taking into
consideration any comments received.
DATES: Effective February 5, 1996.
Comments on this interim final determination must be received by
March 6, 1996.
ADDRESSES: Comments may be mailed to Marcia L. Spink, Associate
Director, Air Programs, Mailcode 3AT00, U.S. Environmental Protection
Agency, Region III, 841 Chestnut Building, Philadelphia, Pennsylvania
19107. Copies of the documents relevant to this action are available
for public inspection during normal business hours at the Air,
Radiation, and Toxics Division, U.S. Environmental Protection Agency,
Region III, 841 Chestnut Building, Philadelphia, Pennsylvania and the
West Virginia Department of Environmental Protection, Office of Air
Quality, 1558 Washington Street, East, Charleston, West Virginia.
FOR FURTHER INFORMATION CONTACT: Thomas A. Casey, (215) 597-2746, at
the EPA Region III address above (Mailcode 3AT22) or via e-mail at
casey.thomas@epamail.epa.gov. While information may be requested via e-
mail, comments must be submitted in writing to the EPA Region III
address above.
SUPPLEMENTARY INFORMATION:
I. Background
On November 15, 1991, West Virginia submitted an attainment SIP for
the Follansbee nonattainment area. The submittal contained bilateral
consent orders between the State of West Virginia and six companies
requiring reductions in PM-10 emissions from six sources in the
Follansbee area; an air quality modeling analysis intended to
demonstrate that West Virginia's SIP, once revised to include the
consent
[[Page 4217]]
orders, would be sufficient to attain the PM-10 NAAQS in the Follansbee
area; and other supporting information. EPA took final limited approval
and final limited disapproval action on West Virginia's 1991 submittal
on July 25, 1994 (59 FR 37696). EPA's disapproval action started an 18-
month clock for the application of one sanction (followed by a second
sanction 6 months later) under section 179 of the Clean Air Act (Act)
and a 24-month clock for promulgation of a Federal implementation plan
under section 110(c)(1) of the Act. The State submitted revisions to
its attainment demonstration and emissions inventory on November 22,
1995 that correct the deficiencies in the original submittal. In a
separate notice in the Proposed Rules today's Federal Register, EPA
proposed full approval of this submittal.
II. EPA Action
Based on the proposed full 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 that started the
sanction clock. Therefore, EPA is taking this interim final action that
finds that the State has corrected the disapproval deficiencies. This
determination is effective on publication. This action does not stop
the sanction clock that started under section 179 for this area on
August 24, 1994. However, this action will defer the application of the
offset sanction and will defer the application of the highway sanction.
See 59 FR 39832 (Aug. 4, 1994) to be codified at 40 CFR 52.31. If EPA's
proposal to fully approve the State's submittal becomes effective, such
action will permanently stop the sanction clock and will permanently
lift any applied, stayed or deferred sanctions.
Today, EPA is also providing the public with an opportunity to
comment on this interim 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 take
further action to disapprove the State's submittal and to find that the
State has not corrected the original disapproval deficiency. As
appropriate, EPA will also issue an interim final determination or a
final determination that the deficiency has not been corrected. In
addition, the sanctions consequences described in the sanctions rule
will also apply. See 59 FR 39832.
III. Administrative Requirements
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 under the
Administrative Procedure Act (APA) in not providing an opportunity for
comment before this action takes effect.1 See 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 deficiency that started the sanctions clock.
Therefore, it is not in the public interest to initially apply
sanctions or to keep applied sanctions in place 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, 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. In addition, 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).
\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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The Office of Management and Budget has exempted this action from
review under Executive Order 12866.
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. See 5 U.S.C. 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, pertaining to the interim final determination for
approval of corrections to the West Virginia's PM-10 attainment
demonstration and emissions inventory for the Follansbee area,
temporarily relieves sources of an additional burden potentially placed
on them by the sanction provisions of the Act. Therefore, I certify
that it does not have an impact on any small entities.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental
regulations, Particulate matter.
Authority: 42 U.S.C. 7401-7671q.
Dated: January 25, 1996.
W. Michael McCabe,
Regional Administrator.
[FR Doc. 96-2251 Filed 2-2-96; 8:45 am]
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