[Federal Register Volume 61, Number 193 (Thursday, October 3, 1996)]
[Rules and Regulations]
[Pages 51598-51599]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25396]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[PA 091-4029a; FRL-5613-1]
Approval and Promulgation of Air Quality Implementation Plans;
Commonwealth of Pennsylvania; Interim Final Determination of the
Pennsylvania Enhanced I/M SIP Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Interim final rule.
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SUMMARY: Elsewhere in today's Federal Register, EPA has published a
rulemaking notice proposing conditional interim approval of the
Commonwealth of Pennsylvania's enhanced motor vehicle inspection and
maintenance (I/M) program under Section 348 of the National Highway
System Designation Act of 1995 (NHSDA) and Section 110 of the Clean Air
Act (CAA). Based on the proposed conditional interim approval, EPA is
making an interim final determination by this action that the
Commonwealth has corrected the deficiency prompting the original
disapproval of the Pennsylvania enhanced I/M SIP revision. This action
will defer the application of the offset sanction which would have been
implemented on October 13, 1996 and defers the future 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 conditional interim approval of the
Commonwealth's submittal. EPA will publish a final rule taking into
consideration any comments received on EPA's proposed action and this
interim final action.
DATES: This interim rule is effective on October 3, 1996.
Comments must be received by November 4, 1996.
ADDRESSES: Comments should be sent to Marcia L. Spink, Associate
Director, Air Programs, (3AT00), Air, Radiation and Toxics Division,
U.S. EPA Region III, 841 Chestnut Building, Philadelphia, Pennsylvania
19103. The state submittal and EPA's analysis for that submittal, which
are the basis for this action, are available for public review at the
above address.
FOR FURTHER INFORMATION CONTACT: Brian Rehn (215) 566-2176, at the EPA
Region III address above 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
In an April 13, 1995 letter EPA notified Pennsylvania that the
conditional approval of the Pennsylvania enhanced I/M SIP revision had
been converted to a disapproval (60 FR 47084). The letter triggered the
18 month time clock for the mandatory application of sanctions under
section 179(a) of the CAA. This 18 month sanction clock will expire on
October 13, 1996 at which time 2:1 offset sanctions would be
automatically imposed to new or modified sources seeking permits under
section 173 of the CAA.
On March 22, 1996, the Commonwealth of Pennsylvania submitted an
enhanced I/M SIP revision to EPA, requesting action under the NHSDA of
1995 and the CAA. On June 27, 1996 and July 29, 1996, supplements to
the March 22, 1996 SIP revision were officially submitted to EPA. In
the Proposed Rules section of today's Federal Register, EPA has
proposed conditional interim approval of the Pennsylvania enhanced I/M
program. EPA had determined that it is more likely than not that the
March 22, 1996 enhanced I/M SIP revision, as supplemented (hereinafter,
the ``March 22, 1996 I/M SIP revision''), has cured the SIP deficiency
triggering the sanctions clock for the duration of EPA's rulemaking
process on this I/M SIP revision. This interim determination will not
stop the sanctions clock but will defer the implementation of sanctions
until either the conditional interim approval is converted to a
disapproval, the interim approval lapses, the full SIP is approved or
the full SIP is disapproved.
Today EPA is also providing the public with an opportunity to
comment on this interim final determination. If, based on any comments
on this action and any comments on EPA's proposed conditional interim
approval of the March 22, 1996 I/M SIP revision, EPA determines that
the March 22, 1996 I/M SIP revision is not approvable and this final
action was inappropriate, EPA will take further action to disapprove
the March 22, 1996 I/M SIP revision. If EPA's proposed conditional
interim approval of the Pennsylvania I/M SIP revision is reversed, then
sanctions would be applied as required under Section 179(a) of the CAA
and 40 CFR Section 52.31.
II. EPA Action
Based on the proposed conditional interim approval set forth in
today's Federal Register, EPA believes that it is more likely than not
that the Commonwealth has corrected the deficiency that prompted the
original disapproval of the Pennsylvania enhanced I/M SIP for which the
April 13, 1995 finding of failure to submit was issued.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision to any SIP. Each request for revision to the SIP shall be
considered separately in light of specific technical, economic, and
environmental factors and in relation to relevant statutory and
regulatory requirements.
III. Administrative Requirements
Because EPA has preliminarily determined that the March 22, 1996
Pennsylvania I/M SIP revision is conditionally approvable, relief from
future 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 5 U.S.C. 553(b)(B). The EPA believes
that notice-and-comment rulemaking before the effective date of this
action is impracticable and contrary to the public interest. The EPA
has reviewed the March 22, 1996 I/M SIP revision and, through its
proposed interim action, is indicating that it is more likely than not
that the Commonwealth has corrected the disapproval that started the
sanctions clock. Therefore, it is not in the public interest to
initially apply sanctions
[[Page 51599]]
when the Commonwealth has most likely corrected the deficiency that
triggered the sanctions clock. Moreover, it would be impracticable to
go through notice-and-comment rulemaking on a finding that the
Commonwealth has corrected the deficiency prior to the rulemaking
approving the March 22, 1996 I/M SIP revision. Therefore, EPA believes
that it is necessary to use the interim final rulemaking process to
defer sanctions while EPA completes its rulemaking process on the
approvability of the March 22, 1996 I/M SIP revision. 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).
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\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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Executive Order 12866
This action has been classified as a Table 3 action for signature
by the Regional Administrator under the procedures published in the
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for
Air and Radiation. The Office of Management and Budget (OMB) has
exempted this regulatory action from E.O. 12866 review.
Regulatory Flexibility Act
Under the Regulatory Flexibility Act, (RFA) 5 U.S.C. 600 et. seq.,
EPA must prepare a regulatory flexibility analysis assessing the impact
on small entities of any rule subject to prior notice and comment
rulemaking requirements. 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.
Because this action is not subject to prior notice and comment
requirements (see above), it is not subject to RFA. In any even,
today's action temporarily relieves sources of an additional burden
potentially placed on them by the sanction provisions of the Act.
Therefore, the action will not have a significant impact on a
substantial number of small entities.
Unfunded Mandates
Under Section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final that includes a Federal mandate that may result in estimated
costs to State, local, or tribal governments in the aggregate; or to
the private sector, of $100 million or more. Under section 205, EPA
must select the most cost-effective and least burdensome alternative
that achieves the objectives of the rule and is consistent with
statutory requirements. Section 203 requires EPA to establish a plan
for informing and advising any small governments that may be
significantly or uniquely impacted by the rule.
EPA has determined that the approval action proposed/promulgated
does not include a Federal mandate that may result in estimated costs
of $100 million or more to either State, local, or tribal governments
in the aggregate, or to the private sector. This Federal action imposes
no new Federal requirements. Accordingly, no additional costs to State,
local, or tribal governments, or to the private sector, result from
this action.
Submission to Congress and the General Accounting Office
Under section 801(a)(1)(A) as added by the Small Business
Regulatory Enforcement Fairness Act of 1996, EPA submitted a report
containing this rule and other required information to the U.S. Senate,
the U.S. House of Representatives and the Comptroller General of the
General Accounting Office prior to publication of the rule in today's
Federal Register. This interim final determination regarding the
Pennsylvania I/M SIP is not a ``major rule'' as defined by 5 U.S.C.
804(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements.
Authority: 42 U.S.C. 7401-7671q.
Dated: September 12, 1996.
William T. Wisniewski,
Acting Regional Administrator, Region III.
[FR Doc. 96-25396 Filed 10-2-96; 8:45 am]
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