[Federal Register Volume 59, Number 149 (Thursday, August 4, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-18571]
[[Page Unknown]]
[Federal Register: August 4, 1994]
BILLING CODE 1505-01-D
ENVIRONMENTAL PROTECTION AGENCY
[FRL-5023-2]
Notice of Areas Potentially Subject to Sanctions Based on
Findings Issued Under Section 179 of the Clean Air Act
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: This notice lists those areas for which EPA had previously
issued a finding, under the Clean Air Act (Act), and for which the 18-
month mandatory sanction clock had expired on or before July 15, 1994
or is projected to expire through August 31, 1994. If these areas do
not correct the outstanding deficiencies before the effective date of
the ``Selection of Sequence of Mandatory Sanctions Rule'' (sanctions
rule), which is found in today's Federal Register in the rules section
and becomes effective September 6, 1994, these areas would be subject
to sanctions. The sanctions rule describes in detail the process by
which sanctions will apply to areas that do not meet deadlines
specified in the Act and for which findings are made.
As noted in the list, the vast majority of areas plan to take
corrective action before the sanctions rule goes into effect. However,
any area that does not take the required action before that time will
be subject to the 2 to 1 emissions offset sanction (offset sanction) as
provided by the Act. Futhermore, in most cases, if EPA has not
determined that the deficiency has been corrected within 6 months of
the imposition of the offset sanction, the second sanction, affecting
Federal highway funding, will also apply.
ADDRESS(ES): Air Docket A-94-41, The Air and Radiation Docket and
Information Center (6202), Environmental Protection Agency, 401 M St.
SW., Room M-1500, Washington, DC 20460.
SUPPLEMENTARY INFORMATION: The table below lists those areas with
active sanctions clocks resulting from a finding. This table should not
be used as the sole guide to determine which areas will be subject to
sanctions when the sanctions rule goes into effect. In fact, it is
likely that today's list may be obsolete with respect to many areas by
the effective date of the sanctions rule because these areas will have
corrected the relevant deficiency by that date. It is important to note
that the enclosed table reflects only those areas for which clocks had
expired as of July 15, 1994 or is projected to expire through August
31, 1994. There are other sanctions clocks running under the Act (e.g.,
any area that has not yet made a complete submission to EPA for State
implementation plan (SIP) elements due on November 15, 1993). In the
future, other sanction clocks will be initiated if EPA finds that a
State has failed to make a required submittal, if EPA determines that a
State submittal is incomplete, if EPA disapproves a State submission,
or if a State fails to implement an approved plan.
The EPA will periodically provide the public with access to updated
information through the Office of Air Quality Planning and Standards'
Technology Transfer Network computer bulletin board system and through
updates of this information in the Federal Register. These updates will
indicate cases in which sanctions have been deferred or stayed, delete
areas for which EPA has made a final determination that the
deficiencies prompting the findings have been corrected, and add
additional areas as findings are made triggering sanctions clocks.
Furthermore, EPA will publish a notice with a similar table, as
appropriate, for areas that later may be subject to the highway
sanction.
For each area potentially subject to the offset sanction on the
effective date of the sanctions rule, the table below identifies the
State, the affected area, the type of finding the area received, the
SIP element, the pollutants affected by the offset sanction, the date
the sanctions clock expires, and the corrective actions needed to stop
the sanctions clock.
The ``Affected Area'' column lists the area in which the offset
sanction would apply if the deficiencies are not corrected by the
effective date of the sanctions rule. For more information on the
boundaries of any listed area, the public can refer to 40 CFR part 81,
which sets forth the designations for areas and establishes their
boundaries. Footnoted areas are included because a SIP submittal was
disapproved. All other areas are included as a result of a finding of
nonsubmittal or incompleteness. The full set of letters reflecting the
findings of nonsubmittal or incompleteness that EPA has already issued
can be found in Air Docket A-94-41. Please refer to the sanctions rule
for a discussion on the significance of finding type.
The ``State Implementation Plan Element'' column describes the SIP
element on which the finding was based. Abbreviations are as follows:
VOC--volatile organic compounds, CO--carbon monoxide, NOx--nitrogen
oxides, PM-10--particulate matter with an aerodynamic diameter less
than or equal to a nominal 10 micrometers. The SIP elements and their
respective sections in the Act are as follows: VOC Reasonably Available
Control Technology Fix-ups--section 182(a)(2)(A); PM-10 SIP Attainment
Demonstration--section 189(a); Emission Statements--section
182(a)(3)(B); PM-10 New Source Review--sections 172(c)(5) and
189(a)(1)(A); Basic Vehicle Inspection and Maintenance--for ozone,
section 182(b)(4), and for CO, section 187(a)(4); Enhanced Vehicle
Inspection and Maintenance--section 182(c)(3)(A); VOC Reasonably
Available Control Technology Catch-up--section 182(b)(2); NOx
Reasonably Available Control Technology Rules--section 182(b)(2) and
(f); Employer Commute Option Program--section 182(d)(2); Oxygenated
Fuels--for serious areas, section 187(b)(3) and for moderate areas,
section 211(m); CO Contingency Measures--section 187(a)(3); CO
Attainment Demonstration--section 187(a)(7).
The ``Pollutants Affected'' column describes which pollutants and
their precursors would be affected should the offset sanction be
applied. The preamble of the sanctions rule explains when precursors
will be subject to the offset sanction. The ``Date Sanction Clock
Expires'' column is the date the 18-month sanction clock expires. In
the future, this column will include information on the deferral and
stay of any sanction under Sec. 52.31(d) of the sanctions rule. The
``Corrective Actions Needed'' column provides specific actions that
must be completed to stop imposition of sanctions for each area on the
list.
Status of Sanctions Clocks
[Outstanding State Plan Submittals as of July 15, 1994]
----------------------------------------------------------------------------------------------------------------
Date
State Pollutants sanction Corrective actions
State Affected area implementation affected clock needed
plan element expires
----------------------------------------------------------------------------------------------------------------
AZ.............. Phoenix area...... Ozone New Source VOC, NOx.......... 07/15/94 The State and Maricopa
Review. County adoption of
rules is scheduled for
August 9, 1994. The
State and County are
expected to submit
plans to EPA on August
12. The EPA expects to
issue completeness
determinations by
August 31.
AZ.............. Phoenix area...... VOC Reasonably VOC, NOx.......... 07/15/94 Maricopa County
Available Control adoption of rules is
Technology Catch- scheduled for August
up. 5, 1994. The State is
expected to submit the
plan to EPA on August
10. The EPA expects to
issue a completeness
determination by
August 17.
AZ.............. Maricopa County; PM-10 New Source PM-10 and 07/15/94 The State and Maricopa
Phoenix planning Review. precursors. County adoption of
area. rules is scheduled for
August 9, 1994. The
State and County are
expected to submit
plans to EPA on August
12. The EPA expects to
issue completeness
determinations by
August 31.
AZ.............. Pima County; Ajo PM-10 New Source PM-10 and 07/15/94 The State and Pima
planning area. Review. precursors. County adoption of
rules is scheduled for
August 9, 1994. The
State and County are
expected to submit
plans to EPA on August
12. The EPA expects to
issue completeness
determinations by
August 31.
AZ.............. Pima County; PM-10 New Source PM-10 and 07/15/94 The State and Pima
Rillito planning Review. precursors. County adoption of
area. rules is scheduled for
August 9, 1994. The
State and County are
expected to submit
plans to EPA on August
12. The EPA expects to
issue completeness
determinations by
August 31.
AZ.............. Pima County; PM-10 Attainment PM-10 and 11/14/93 The State plan was
Rillito planning Demonstration. precursors. submitted to EPA on
area. April 22, 1994. The
EPA expects to issue a
completeness
determination by
August 15.
AZ.............. Yuma County; Yuma PM-10 Attainment PM-10 and 11/14/93 The State expects to
planning area. Demonstration. precursors. submit the plan to EPA
on July 18, 1994. The
EPA expects to issue a
completeness
determination by
August 15.
CA.............. Los Angeles-South CO Contingency CO................ 07/15/94 The State expects to
Coast Air Basin Measures. submit the plan to EPA
area. on July 18, 1994. The
EPA expects to issue a
completeness
determination by July
22.
CA.............. Los Angeles-South VOC Reasonably VOC, NOx.......... 05/26/94 The State plan was
Coast Air Basin Available Control submitted to EPA on
area1. Technology Fix-up. May 24, 1994. The EPA
expects to publish an
action in the Federal
Register by August 19.
CA.............. Sacramento Metro VOC Reasonably VOC, NOx.......... 07/15/94 The State plan was
area. Available Control submitted to EPA on
Technology Catch- July 13, 1994. The EPA
up. expects to issue a
completeness
determination by July
22.
CA.............. San Diego area.... Ozone New Source VOC, NOx.......... 07/15/94 The State plan was
Review. submitted to EPA on
July 18, 1994. The EPA
expects to issue a
completeness
determination by July
22.
CA.............. San Diego area.... VOC Reasonably VOC, NOx.......... 07/15/94 The State plan was
Available Control submitted to EPA on
Technology Catch- July 13, 1994. The EPA
up.. expects to issue a
completeness
determination by July
22.
CA.............. San Diego area1... VOC Reasonably VOC, NOx.......... 05/26/94 The State plan was
Available Control submitted to EPA on
Technology Fix-up. May 24, 1994. The EPA
expects to publish an
action in the Federal
Register by August 19.
CA.............. San Francisco-Bay VOC Reasonably VOC, NOx.......... 05/26/94 The State plan was
area1. Available Control submitted to EPA on
Technology Fix-up. July 13, 1994. The EPA
expects to publish an
action in the Federal
Register by August 19.
CA.............. San Joaquin Valley VOC Reasonably VOC, NOx.......... 07/15/94 The State plan was
area. Available Control submitted to EPA on
Technology Catch- July 13, 1994. The EPA
up. expects to issue a
completeness
determination by July
22.
CA.............. Santa Barbara- VOC Reasonably VOC, NOx.......... 07/15/94 The State plan was
Santa Maria- Available Control submitted to EPA on
Lompoc area. Technology Catch- July 13, 1994. The EPA
up. expects to issue a
completeness
determination by July
22.
CA.............. Southeast Desert VOC Reasonably VOC, NOx.......... 07/15/94 The State plan was
Modified AQMA Available Control submitted to EPA on
area. Technology Catch- July 13, 1994. The EPA
up. expects to issue a
completeness
determination by July
22.
IN.............. Lake and Porter VOC Reasonably VOC, NOx.......... 07/15/94 The State Board is
Counties portion Available Control expected to adopt the
of Chicago-Gary- Technology Catch- rule on August 3,
Lake County area. up. 1994. The rule would
become effective on
August 6. The State
expects to submit the
plan to EPA by August
10. The EPA expects to
issue a completeness
determination by
August 15.
MD.............. Baltimore area.... Employer Commute VOC, NOx.......... 07/19/94 The State submitted a
Option. preliminary plan to
EPA on July 15, 1994.
The State expects to
adopt the rule on
August 5, and submit
the final rule to EPA
shortly thereafter.
The EPA expects to
issue a completeness
determination by
August 15.
MD.............. Cecil County Employer Commute VOC, NOx.......... 07/19/94 The State submitted a
Portion of Option. preliminary plan to
Philadelphia- EPA on July 15, 1994.
Wilmington- The State expects to
Trenton area. adopt the rule on
August 5, and submit
the final rule to EPA
shortly thereafter.
The EPA expects to
issue a completeness
determination by
August 15.
ME.............. Knox County and NOx Reasonably VOC, NOx.......... 07/15/94 A State-wide rule was
Lincoln County. Available Control sent out for public
Technology Rules. comment on June 15,
1994. The State
expects to adopt the
rule by July 20 and
submit it to EPA by
August 15. The EPA
expects to issue a
completeness
determination by
August 22.
ME.............. Lewiston-Auburn NOx Reasonably VOC, NOx.......... 07/15/94 A State-wide rule was
area. Available Control sent out for public
Technology Rules. comment on June 15,
1994. The State
expects to adopt the
rule by July 20 and
submit it to EPA by
August 15. The EPA
expects to issue a
completeness
determination by
August 22.
ME.............. Portland area..... NOx Reasonably VOC, NOx.......... 07/15/94 A State-wide rule was
Available Control sent out for public
Technology Rules. comment on June 15,
1994. The State
expects to adopt the
rule by July 20 and
submit it to EPA by
August 15. The EPA
expects to issue a
completeness
determination by
August 22.
ME.............. Rest of State NOx Reasonably VOC, NOx.......... 07/15/94 A State-wide rule was
(Attainment and Available Control sent out for public
Marginal areas in Technology Rules. comment on June 15,
Northeast Ozone 1994. The State
Transport Region). expects to adopt the
rule by July 20 and
submit it to EPA by
August 15. The EPA
expects to issue a
completeness
determination by
August 22.
MO.............. St. Louis area.... Basic Vehicle VOC, NOx.......... 07/15/94 Necessary legislation
Inspection and was passed in May
Maintenance. 1994, but will not go
into effect until
August 28. The State
has scheduled a public
hearing on July 28 and
expects to adopt an
emergency rule that
will become effective
on August 28. The
State will then submit
the plan to EPA and
EPA expects to issue a
completeness
determination shortly
thereafter.
TN.............. Memphis area...... Oxygenated Fuels CO................ 07/15/94 The EPA expects to
(for moderate publish a direct final
areas). Federal Register
notice approving the
State's request for
redesignation by July
22, 1994. The EPA
expects to make the
final action effective
shortly after August
22.
TN.............. Memphis area...... Basic Vehicle CO................ 07/15/94 The EPA expects to
Inspection and publish a direct final
Maintenance. Federal Register
notice approving the
State's request for
redesignation by July
22, 1994. The EPA
expects to make the
final action effective
shortly after August
22.
TN.............. Nashville area.... Ozone New Source VOC, NOx.......... 07/15/94 The State has indicated
Review. the rule will be
effective August 15,
1994 and submitted to
EPA by August 16. The
EPA expects to issue a
completeness
determination by
August 18.
VT.............. Burlington Enhanced Vehicle VOC, NOx.......... 07/15/94 The State legislature
Metropolitan Inspection and needs to authorize the
Statistical area. Maintenance. program and will not
reconvene until
January 1995.
VT.............. Entire State VOC Reasonably VOC, NOx.......... 07/15/94 The EPA has determined
(Attainment areas Available Control that the State has
in Northeast Technology Catch- made a complete
Ozone Transport up. submittal for 10 of 11
Region). required rules. The
remaining rule will go
into effect on August
17, 1994. The State
expects to submit the
plan to EPA by August
19. The EPA expects to
issue a completeness
determination by
August 22.
WV.............. Charleston area... Basic Vehicle VOC, NOx.......... 07/15/94 The EPA proposed
Inspection and redesignation approval
Maintenance. of this area to
attainment on June 13,
1994. The comment
period closed; no
adverse comments were
received. Final
redesignation approval
is expected by August
15.
WV.............. Huntington-Ashland Basic Vehicle VOC, NOx.......... 07/15/94 The EPA expects to
area. Inspection and publish a direct final
Maintenance. Federal Register
notice approving the
State's request for
redesignation by
August 15, 1994. The
EPA expects to make
the final action
effective shortly
after September 15.
WV.............. Parkersburg- Basic Vehicle VOC, NOx.......... 07/15/94 The EPA proposed
Marietta area. Inspection and redesignation approval
Maintenance. of this area to
attainment on June 10,
1994. The comment
period closed; no
adverse comments were
received. Final
redesignation approval
is expected by August
15.
----------------------------------------------------------------------------------------------------------------
\1\These plans were formally disapproved because they did not fully meet EPA published requirements. The final
disapproval started an 18-month sanction clock, which expired in May 1994. To stop the sanctions clock, EPA
must finalize an approval action in the Federal Register incorporating a revision that corrects the
deficiencies in the State plan. Sanctions may be stayed or deferred based on a determination that the
deficiency has been corrected. This determination would be made by an interim final rule published on or after
the time EPA has proposed approval of the plan.
Dated: July 21, 1994.
Mary D. Nichols,
Assistant Administrator.
[FR Doc. 94-18571 Filed 8-3-94; 8:45 am]
BILLING CODE 6560-50-P
