[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.

-----------------------------------------------------------------------

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