[Federal Register Volume 61, Number 54 (Tuesday, March 19, 1996)]
[Rules and Regulations]
[Pages 11162-11163]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-6464]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[VA 0054-5006b; FRL-5441-2]
Approval and Promulgation of Air Quality Implementation Plans;
Virginia; Interim Final Determination that the Richmond, Virginia Ozone
Nonattainment Area is Exempt From NOX RACT Requirements for
Purposes of Staying Sanctions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Interim final rule.
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SUMMARY: Elsewhere in today's Federal Register, EPA has published a
notice of proposed rulemaking proposing approval of the Commonwealth of
Virginia's petition to exempt the Richmond ozone nonattainment area
from the nitrogen oxides (NOX) reasonably available control
technology (RACT) requirement under section 182(f) of the Clean Air Act
(Act). Based on the proposed approval, EPA is making an interim final
determination by this action that, with respect to the NOX RACT
requirement, the State, contingent upon continued monitoring of
attainment of the ozone national ambient air quality standard (NAAQS),
has corrected the deficiency which was the basis for the sanctions
clock . This action will stay the application of the offset sanction
which was imposed January 8, 1996 and, if final action is not taken by
July 8, 1996, 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. EPA will publish a final action taking into
consideration any comments received on EPA's proposed action and this
interim final action.
Effective date. March 19, 1996.
Comment date. Comments must be received by April 18, 1996.
ADDRESSES: Comments should be sent to Marcia L. Spink, Associate
Director, Air Programs, (3AT00), Air, Radiation and Toxics Division,
U.S. EPA Region III, 841 Chestnut Building, Philadelphia, Pennsylvania
19103. The state submittal and EPA's analysis for that submittal, which
are the basis for this action, are available for public review at the
above address.
FOR FURTHER INFORMATION CONTACT: Christopher H. Cripps, (215) 597-0545,
at the EPA Region III address
above or via e-mail at cripps.christopher@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 July 8, 1994, EPA sent a letter to the Governor of Virginia
stating that, under section 179 of the Act, EPA made a finding that
Virginia failed to submit a state implementation plan (SIP) revision
for NOX RACT. This finding commenced the sanctions process
outlined by section 179. The two to one (2:1) offset sanction has been
in effect in the Richmond ozone nonattainment area as of January 8,
1996 as a result of the July 8, 1994 finding of failure to submit. On
December 18, 1995, the Director of the Virginia Department of
Environmental Quality (VA DEQ) submitted on behalf of the Commonwealth
of Virginia a petition pursuant to section 182(f) of the Act to exempt
the Richmond moderate ozone nonattainment area from the NOX RACT
requirement. The petition is based upon ambient air monitoring data for
1993, 1994 and 1995 ozone seasons which shows that the Richmond ozone
nonattainment area is meeting the ozone NAAQS. This petition could not
be submitted until the monitoring data for the entire 1995 ozone season
was quality assured under the procedures of 40 CFR Part 58 and recorded
in the EPA's Aerometric Information Retrieval System (AIRS). In the
Proposed Rules
[[Page 11163]]
section of today's Federal Register, EPA has proposed approval of this
petition contingent upon continued monitoring of attainment of the
ozone NAAQS in the Richmond ozone nonattainment area.
II. EPA Action
Based on the proposed approval set forth in today's Federal
Register, EPA believes that it is more likely than not that the State
is eligible for an exemption from the NOX RACT requirement, under
section 182(f) and, therefore, is no longer subject to the requirement
for which the July 8, 1994 finding of failure to submit was issued.
Therefore, EPA is making this interim final determination finding that
the State, contingent on continued monitored attainment of the ozone
NAAQS, has corrected the deficiency of failing to submit NOX RACT
rules. This action shall be effective on publication pursuant to 5
U.S.C. 553(d)(1). This action does not stop the sanction clock that
started under section 179 for this area on July 8, 1994. However, this
action will stay the application of the offset sanction and, if
necessary, will defer the application of the highway sanction. See 59
FR 39832 (August 4, 1994) to be codified at 40 CFR 52.31. If EPA's
final action fully approves the December 18, 1995 exemption petition,
such action will stay and defer sanctions for the duration of the
exemption.
Today EPA is also providing the public with an opportunity to
comment on this interim final determination. If, based on any comments
on this action and any comments on EPA's proposed approval of the
NOX waiver petition, EPA determines that the petition is not
approvable and this final action is inappropriate, EPA will take
further action to disapprove the petition and to find that the Richmond
ozone nonattainment area is not eligible for an exemption from NOX
RACT. If EPA's proposed approval of the NOX exemption petition is
reversed, then sanctions would be applied or re-applied at the time of
a final action disapproving the NOX exemption petition (or, if
action is re-proposed, at the time of the proposed disapproval).
Regardless of EPA's final action on the NOX exemption petition,
the July 8, 1994 finding of failure to submit still may be corrected by
submittal of a NOX RACT SIP for the Richmond ozone nonattainment
area that meets the completeness criteria of section 110(k). See 59 FR
39832 (August 4, 1994). A finding of completeness for such a submittal
would stop the sanctions clock.
III. Administrative Requirements
Because EPA has preliminarily determined that the December 18, 1995
petition under section 182(f) is approvable, 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 5 U.S.C. 553(b)(B). The EPA believes that notice-and-
comment rulemaking before the effective date of this action is
impracticable and contrary to the public interest. The EPA has reviewed
the December 18, 1995 NOX exemption petition and, through its
proposed action, is indicating that it is more likely than not that the
State, contingent upon continued monitored attainment of the ozone
NAAQS, has corrected the deficiency of failing to submit a NOX
RACT SIP. 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
December 18, 1995 NOX exemption petition. Therefore, EPA believes
that it is necessary to use the interim final rulemaking process to
stay or defer sanctions while EPA completes its rulemaking process on
the approvability of the petition. In addition, EPA is invoking the
good cause exception to the 30-day notice requirement of the APA
because the purpose of this document is to relieve a restriction. See 5
U.S.C. 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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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. 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 of the
Commonwealth of Virginia's December 18, 1995 petition for an exemption
from NOX RACT under section 182(f), 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
relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements.
Authority: 42 U.S.C. 7401-7671q.
Dated: March 7, 1996.
Stanley L. Laskowski,
Acting Regional Administrator, Region III.
[FR Doc. 96-6464 Filed 3-18-96; 8:45 am]
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