[Federal Register Volume 62, Number 105 (Monday, June 2, 1997)]
[Rules and Regulations]
[Pages 29668-29669]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-14304]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[SIPTRAX DC032-2005; FRL-5832-9]
Approval and Promulgation of Air Quality Implementation Plans;
District of Columbia; Interim Final Determination for Approval of the
District of Columbia New Source Review Submittal
AGENCY: Environmental Protection Agency (EPA).
ACTION: Interim final rule.
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SUMMARY: Elsewhere in today's Federal Register, EPA has published a
proposed rule to approve the District of Columbia submittal of its New
Source Review program requirements into the State Implementation Plan
(SIP). Based on the proposed approval, EPA is making an interim final
determination by this action that the District has corrected the
deficiencies for which a sanctions clock began on March 24, 1995. This
action will stay the application of the offset sanction which was
imposed October 24, 1996 and defer the application of the highway
sanction to be imposed effective May 24, 1997. 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. After consideration of comments received on EPA's proposed
approval and this interim final action EPA will publish a final
rulemaking notice.
DATES: Effective Date: June 2, 1997.
Comment Date: Comments must be received by July 2, 1997.
ADDRESSES: Comments should be sent to Kathleen Henry, Chief, Permits
Program Section, Mailcode 3AT23, Air, Radiation and Toxics Division,
U.S. EPA Region III, 841 Chestnut Building, Philadelphia, Pennsylvania
19107. The District's submittal and EPA's analysis for that submittal,
which are the basis for this action, are available for public review at
the above address and at the D.C. Department of Consumer and Regulatory
Affairs, Environmental Regulation Administration, 2100 Martin Luther
King, Jr. Avenue, S.E., Suite 203, Washington, D.C. 20020.
FOR FURTHER INFORMATION CONTACT: Linda Miller, (215) 566-2068, at the
EPA Region III address above or via e-mail at
miller.linda@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 October 22, 1993, the District submitted a New Source Review
regulation as a revision to the State Implementation Plan (SIP). The
submittal did not meet the applicable statutory and regulatory
requirements of the Clean Air Act, including sections 171, 172, 173,
182, 187, and 189. On March 24, 1995, EPA published a disapproval of
the submittal in the Federal Register. Pursuant to section 179 of the
Clean Air Act, this disapproval requires the imposition of sanctions in
two phases unless and until deficiencies are corrected. Phase I
sanctions require the imposition of 2:1 emission offsets for
construction of new sources or major modification to existing sources,
commencing 18 months after the effective date of disapproval. The
emission offset sanctions were imposed on October 24, 1996. Phase II
sanctions require the withholding of federal highway funds for all new
highway projects in the District, commencing 24 months after the
effective date of the disapproval. The required date for imposition of
Phase II sanctions is May 24, 1997.
On May 2, 1997, the District submitted a complete SIP submittal
which corrects the deficiencies of the New Source Review program. In
the Proposed Rules section of today's Federal Register, EPA has
proposed full approval of the District of Columbia's submittal of its
New Source Review program.
[[Page 29669]]
II. EPA Action
Based on the proposed full approval set forth in today's Federal
Register, EPA believes that the District has corrected the original
disapproval deficiencies that started the sanction clock and,
therefore, EPA is taking this interim final action finding that the
District has corrected the disapproval deficiencies, effective on
publication. This action does not stop the sanction clock that started
under section 179 for this area on March 24, 1995. However, this action
will stay the application of the offset sanction and will defer the
application of the highway sanction. See 40 CFR 52.31. Publication of
final approval by EPA will 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 40 CFR 52.31.
III. Administrative Requirements
Because EPA has preliminarily determined that the District 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 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 District's submittal and,
through its proposed action, is indicating that the District 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 District'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).
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\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. Sec. 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. Secs. 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 approval of
corrections to the District of Columbia's New Source Review regulation,
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, Incorporation by
reference, Intergovernmental regulations, Reporting and recordkeeping,
Ozone, Volatile organic compounds, and nitrogen oxides.
Authority: 42 U.S.C. Secs. 7401-7671q.
Dated: May 21, 1997.
William T. Wisniewski,
Acting Regional Administrator.
[FR Doc. 97-14304 Filed 5-30-97; 8:45 am]
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