Notice of Areas Potentially Subject to Sanctions Based on Findings Issued Under Section 179 of the Clean Air Act

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.

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\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]

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