[Federal Register Volume 59, Number 234 (Wednesday, December 7, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-29881]


[[Page Unknown]]

[Federal Register: December 7, 1994]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[WI48-01-6711C; FRL-5112-9]

 

Approval and Promulgation of Implementation Plans; Wisconsin 
Sulfur Dioxide Attainment and Maintenance Plan Revision; Interim Final 
Determination that State has Corrected the Deficiency

AGENCY: Environmental Protection Agency (USEPA).

ACTION: Final rule.

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SUMMARY: USEPA is publishing elsewhere in this Federal Register a 
direct final rule fully approving revisions to the Wisconsin State 
Implementation Plan (SIP) for the Rhinelander, Wisconsin sulfur dioxide 
(SO2)) nonattainment area. The revisions concern rules for certain 
sources of SO2) in Rhinelander, Wisconsin. USEPA is also 
publishing a proposed rulemaking in this Federal Register to provide 
the public with an opportunity to comment on USEPA's action. If a 
person submits adverse comments on USEPA's proposed action within 30 
days of publication of the proposed and direct final actions, USEPA 
will withdraw its direct final action and will consider any comments 
received before taking final action on the State's submittal. Based on 
the proposed full approval, USEPA is making an interim final 
determination by this action that the State has corrected the 
deficiency for which a sanctions clock began on May 13, 1993. This 
action will defer the application of the offset sanction and defer the 
application of the highway sanction. Although this action is effective 
upon publication, USEPA will take comment. If no comments are received 
on USEPA's proposed approval of the State's submittal, the direct final 
action published in this Federal Register will also finalize USEPA's 
determination that the State has corrected the deficiency that started 
the sanctions clock. If comments are received on USEPA's proposed 
approval and the interim final action, USEPA will publish a final rule 
taking into consideration any comments received.

EFFECTIVE DATE: December 7, 1994.

ADDRESSES: Written comments should be sent to: Carlton T. Nash, Chief, 
Regulation Development Section, Air Toxics and Radiation Branch (AT-
18J), USEPA Region 5, 77 West Jackson Boulevard, Chicago, Illinois 
60604-3590.
    Copies of the state submittal and USEPA's analysis, which are the 
basis for this action, are available for inspection at the following 
address: (It is recommended that you telephone Christos Panos at (312) 
353-8328 or Sheila Breen at (312) 886-6053, before visiting the Region 
5 Office.)
    United States Environmental Protection Agency, Region 5, Air and 
Radiation Division, Air Toxics and Radiation Branch, 77 West Jackson 
Boulevard, Chicago, Illinois 60604-3590.
FOR FURTHER INFORMATION CONTACT: Christos Panos/Sheila Breen, 
Regulation Development Section, Air Toxics and Radiation Branch (AT-
18J), USEPA Region 5, 77 West Jackson Boulevard, Chicago, Illinois 
60604, (312) 353-8328.

SUPPLEMENTARY INFORMATION:

I. Background

    On April 28, 1989 the Wisconsin Department of Natural Resources 
(WDNR) submitted a revision to Wisconsin's SO2 SIP to USEPA, 
consisting of Wisconsin State Rule NR 418.07, for which USEPA published 
a final disapproval on May 13, 1993 (58 FR 28362). The USEPA's 
disapproval action started an 18-month clock for the application of one 
sanction (followed by a second sanction 6 months later) under section 
179 of the Clean Air Act (Act) and a 24-month clock for promulgation of 
a Federal Implementation Plan (FIP) under section 110(c) of the Act. 
The State subsequently submitted a revision to its SIP for the 
Rhinelander, Wisconsin SO2 nonattainment area on October 21, 1994. 
The USEPA has taken direct final action on this submittal pursuant to 
its modified direct final policy set forth at 59 FR 24054 (May 10, 
1994). In the rules section of this Federal Register, USEPA is issuing 
a direct final full approval of the State of Wisconsin's submittal of 
the Rhinelander SO2 nonattainment area SIP. In addition, in the 
proposed rules section of this Federal Register, USEPA proposes full 
approval of the State's submittal.

II. USEPA Action

    Based on the proposed full approval set forth in this Federal 
Register, USEPA believes that it is more likely than not that the State 
has corrected the original disapproval deficiency that started the 
sanctions clock and, therefore, USEPA is taking this interim final 
action finding that the State has corrected the deficiency, effective 
on publication. This action does not stop the sanctions clock that 
started under section 179 for this area on May 13, 1993. However, this 
action will defer the application of the offset sanction and will defer 
the application of the highway sanction. See 59 FR 39832 (August 4, 
1994) to be codified at 40 CFR 52.31. If USEPA's direct final action 
fully approving the State's submittal becomes effective, such action 
will permanently stop the sanctions clock and will permanently lift any 
applied, stayed or deferred sanctions.
    The USEPA is also providing the public with an opportunity to 
comment on this final action. If based on any comments on this action 
and any comments on USEPA's proposed full approval of the State's 
submittal, USEPA determines that the State's submittal is not fully 
approvable and this final action was inappropriate, USEPA 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, USEPA 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 59 FR 39832.

III. Administrative Requirements

    Because USEPA has preliminarily determined that the State has an 
approvable plan, relief from sanctions should be provided as quickly as 
possible. Therefore, USEPA 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 USEPA believes that notice-and-comment rulemaking before the 
effective date of this action is impracticable and contrary to the 
public interest. The USEPA has reviewed the State's submittal and, 
through its proposed and direct final action, is indicating that it is 
more likely than not that the State has corrected the deficiency that 
started the sanctions clock. Therefore, it is not in the public 
interest to initially impose 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 the notice-and-comment rulemaking on a 
finding that the State has corrected the deficiency prior to the 
rulemaking approving the State's submittal. Therefore, USEPA believes 
that it is necessary to use the interim final rulemaking process to 
temporarily stay or defer sanctions while USEPA completes its 
rulemaking process on the approvability of the State's submittal. 
Moreover, with respect to the effective date of this action, USEPA is 
invoking the good cause exception to the 30-day notice requirement of 
the APA because the purpose of this action 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 USEPA is 
providing the public with a chance to comment on USEPA's 
determination after the effective date and USEPA will consider any 
comments received in determining whether to reverse such an action.
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    The Office of Management and Budget (OMB) has exempted this action 
from review under Executive Order 12866.
    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., USEPA 
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, USEPA 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 temporarily relieves the sources of additional burden 
potentially placed on them by the sanctions 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 
requirements, Sulfur oxides.

    Authority: 42 U.S.C. 7401-7671q.

    Dated: November 14, 1994.
Valdas V. Adamkus,
Regional Administrator.
[FR Doc. 94-29881 Filed 12-06-94; 8:45 am]
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