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

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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