[Federal Register Volume 61, Number 24 (Monday, February 5, 1996)]
[Rules and Regulations]
[Pages 4216-4217]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2251]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[WV035-6001; FRL-5416-6]


Approval and Promulgation of Air Quality Implementation Plans; 
West Virginia: Interim Final Determination That West Virginia Has 
Corrected the Deficiencies in the Plan for the Follansbee PM-10 
Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Interim Final Rule.

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SUMMARY: In the Proposed Rules section of today's Federal Register, EPA 
has published a notice proposing to fully approve the State of West 
Virginia's submittal of revisions to its demonstration that its SIP is 
sufficient to attain national ambient air quality standards (NAAQS) for 
particulate matter with aerodynamic diameter less than or equal to 10 
micrometers (PM-10) in the Follansbee, West Virginia area. Based on the 
proposed full approval, EPA is making an interim final determination by 
this notice that the State has corrected the deficiencies for which a 
sanctions clock began on August 24, 1994. 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, 
EPA will take comment on this interim final determination as well as 
EPA's proposed approval of the State's submittal. If no comments are 
received on EPA's proposed approval of the State's submittal, EPA will 
take final approval action which will also finalize EPA's determination 
that the State has corrected the deficiency that started the sanctions 
clock. If comments are received on EPA's proposed approval and this 
interim final action, EPA will publish a final notice taking into 
consideration any comments received.

DATES: Effective February 5, 1996.
    Comments on this interim final determination must be received by 
March 6, 1996.

ADDRESSES: Comments may be mailed to Marcia L. Spink, Associate 
Director, Air Programs, Mailcode 3AT00, U.S. Environmental Protection 
Agency, Region III, 841 Chestnut Building, Philadelphia, Pennsylvania 
19107. Copies of the documents relevant to this action are available 
for public inspection during normal business hours at the Air, 
Radiation, and Toxics Division, U.S. Environmental Protection Agency, 
Region III, 841 Chestnut Building, Philadelphia, Pennsylvania and the 
West Virginia Department of Environmental Protection, Office of Air 
Quality, 1558 Washington Street, East, Charleston, West Virginia.

FOR FURTHER INFORMATION CONTACT: Thomas A. Casey, (215) 597-2746, at 
the EPA Region III address above (Mailcode 3AT22) or via e-mail at 
[email protected]. 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 November 15, 1991, West Virginia submitted an attainment SIP for 
the Follansbee nonattainment area. The submittal contained bilateral 
consent orders between the State of West Virginia and six companies 
requiring reductions in PM-10 emissions from six sources in the 
Follansbee area; an air quality modeling analysis intended to 
demonstrate that West Virginia's SIP, once revised to include the 
consent 

[[Page 4217]]
orders, would be sufficient to attain the PM-10 NAAQS in the Follansbee 
area; and other supporting information. EPA took final limited approval 
and final limited disapproval action on West Virginia's 1991 submittal 
on July 25, 1994 (59 FR 37696). EPA'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 
under section 110(c)(1) of the Act. The State submitted revisions to 
its attainment demonstration and emissions inventory on November 22, 
1995 that correct the deficiencies in the original submittal. In a 
separate notice in the Proposed Rules today's Federal Register, EPA 
proposed full approval of this submittal.

II. EPA Action

    Based on the proposed full approval set forth in today's Federal 
Register, EPA believes that it is more likely than not that the State 
has corrected the original disapproval deficiencies that started the 
sanction clock. Therefore, EPA is taking this interim final action that 
finds that the State has corrected the disapproval deficiencies. This 
determination is effective on publication. This action does not stop 
the sanction clock that started under section 179 for this area on 
August 24, 1994. However, this action will defer the application of the 
offset sanction and will defer the application of the highway sanction. 
See 59 FR 39832 (Aug. 4, 1994) to be codified at 40 CFR 52.31. If EPA's 
proposal to fully approve the State's submittal becomes effective, such 
action will permanently 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 59 FR 39832.

III. Administrative Requirements

    Because EPA has preliminarily determined that the State 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 See 5 U.S.C. 553(b)(B). 
EPA believes that notice-and-comment rulemaking before the effective 
date of this action is impracticable and contrary to the public 
interest. EPA has reviewed the State's submittal and, through its 
proposed 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 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 State'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).

    \1\ 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. 600 et seq., EPA 
must prepare a regulatory flexibility analysis assessing the impact of 
any proposed or final rule on small entities. See 5 U.S.C. 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 determination for 
approval of corrections to the West Virginia's PM-10 attainment 
demonstration and emissions inventory for the Follansbee area, 
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, Intergovernmental 
regulations, Particulate matter.

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

    Dated: January 25, 1996.
W. Michael McCabe,
Regional Administrator.
[FR Doc. 96-2251 Filed 2-2-96; 8:45 am]
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