[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]


=======================================================================
-----------------------------------------------------------------------

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.

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

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).
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

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]
BILLING CODE 6560-50-P