[Federal Register Volume 60, Number 167 (Tuesday, August 29, 1995)]
[Rules and Regulations]
[Pages 44762-44763]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-21404]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 51 and 93
[FRL-5284-6]
RIN 2060-AF95
Transportation Conformity Rule Amendments: Authority for
Transportation Conformity Nitrogen Oxides Waivers
AGENCY: Environmental Protection Agency (EPA).
ACTION: Interim final rule.
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SUMMARY: In this document EPA amends the November 24, 1993, final
transportation conformity rule to change the statutory authority for
exempting certain areas from certain nitrogen oxides provisions of the
transportation conformity rule. This change is necessary to implement
the conformity rule in a legally correct manner and to allow EPA to
approve nitrogen oxides exemptions for certain areas.
This interim final rule is effective immediately upon publication.
However, EPA will also conduct full notice-and-comment rulemaking on
EPA's interpretations regarding implementation of the provisions
addressed in this interim final rule. A proposed rule that addresses
this issue (among other things) is published in the proposed rule
section of this Federal Register. Public comments will be addressed in
a subsequent final rule.
EFFECTIVE DATE: This interim final rule is effective on August 29,
1995. Comments on this action must be received by September 28, 1995.
ADDRESSES: Interested parties may submit written comments (in
duplicate, if possible) to: Air and Radiation Docket and Information
Center, U.S. Environmental Protection Agency, Attention: Docket No. A-
95-05, 401 M Street, S.W., Washington, DC 20460.
FOR FURTHER INFORMATION CONTACT: Kathryn Sargeant, Emission Control
Strategies Branch, Emission Planning and Strategies Division, U.S.
Environmental Protection Agency, 2565 Plymouth Road, Ann Arbor, MI
48105. (313) 668-4441.
SUPPLEMENTARY INFORMATION: This interim final rule changes the
statutory authority for transportation conformity nitrogen oxides
(NOX) exemptions from Clean Air Act section 182(f) to section
182(b)(1), for areas subject to section 182(b)(1).
The provisions of this interim final rule shall apply immediately
upon publication. However, EPA will also conduct full notice-and-
comment rulemaking on EPA's interpretations regarding implementation of
these provisions. A proposed rule that discusses these interpretations
(among other things) is published in the proposed rule section of this
Federal Register, and the public comment on this proposal will last
until September 28, 1995. Public comments will be addressed in a
subsequent final rule.
This portion of the proposal is being published as an interim final
rule without benefit of a prior proposal and public comment period
because EPA finds that ``good cause'' exists under the Administrative
Procedures Act (``APA'') 5 U.S.C. 553(b)(B) for deferring those
procedures until after publishing the change as an interim final rule.
In changing the transportation conformity rule's reference from Clean
Air Act section 182(f) to section 182(b)(1) as the statutory authority
for waiving the requirement to control NOX emissions in areas
subject to section 182(b)(1), EPA finds that good cause exists for at
least two reasons. First, it is contrary to the public interest in
light of the clear statutory reference to section 182(b)(1) to continue
offering such relief under the erroneous statutory reference in the
transportation conformity rule. Section 176(c)(3)(A)(iii) of the Act's
transportation conformity provisions explicitly states that, for ozone
nonattainment areas to conform during the period before state
implementation plans are approved by EPA, such areas must demonstrate
that they are achieving reductions ``consistent with'' the NOX
(and volatile organic compounds) reduction requirements of section
182(b)(1). That section also provides for a waiver of the NOX
requirements if EPA determines that such reductions would not
contribute to attainment in a particular area. Thus, given the clear
intent of the statutory language, EPA believes it is unnecessary to
undertake in advance full public rulemaking procedures when it is
acting to correct an obvious error and, thereby, facilitate the lawful
and effective implementation of section 176(c) of the Clean Air Act.
Second, in taking this action, EPA is responding to repeated public
comments the Agency received in several individual NOX exemption
rulemaking actions. These comments pointed out that the correct
statutory authority for relieving interim-period transportation
conformity NOX requirements is section 182(b)(1). Formal written
requests have also been submitted to EPA requesting that this portion
of the transportation conformity rule be revised so as to be consistent
with the clear intent and language of the Act.
This interim final rule is taking effect immediately upon
publication because, as described above, EPA believes it is contrary to
public interest to continue acting in contravention of section
176(c)(3)(A)(iii)'s requirement to adhere to the procedures and
requirements in section 182(b)(1) when considering the conformity
status of transportation-related actions during the interim period. EPA
therefore finds good cause to forego the 30-day period between
publication and the effective date ordinarily applied under the APA, 5
U.S.C. 553(d), and make this interim final rule effective immediately
for the same reasons described above in justification of taking final
action without prior proposal.
List of Subjects
40 CFR Part 51
Environmental protection, Administrative practice and procedure,
Carbon monoxide, Intergovernmental relations, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Volatile
organic compounds.
40 CFR Part 93
Administrative practice and procedure, Air pollution control,
Carbon monoxide, Intergovernmental relations, Ozone.
[[Page 44763]]
Dated: August 17, 1995.
Carol M. Browner,
Administrator.
For the reasons set out in the preamble, 40 CFR parts 51 and 93 are
proposed to be amended as follows:
PARTS 51 AND 93--[AMENDED]
1. The authority citation for parts 51 and 93 continues to read as
follows:
Authority: 42 U.S.C. 7401-7671q.
2. The identical text of Secs. 51.394 and 93.102 is amended by
revising paragraph (b)(3)(i) to read as follows:
Sec. . Applicability.
* * * * *
(b) * * *
(3) * * *
(i) Volatile organic compounds and nitrogen oxides in ozone areas
(unless the Administrator determines that additional reductions of
NOX would not contribute to attainment);
* * * * *
[FR Doc. 95-21404 Filed 8-28-95; 8:45 am]
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