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Transportation Conformity Rule Amendments: Authority for Transportation Conformity Nitrogen Oxides Waivers

 [Federal Register: August 29, 1995 (Volume 60, Number 167)]
[Rules and Regulations]
[Page 44762-44763]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 51 and 93

[FRL-5284-6]
RIN 2060-AF95

Transportation Conformity Rule Amendments: Authority for 
Transportation Conformity Nitrogen Oxides Waivers

AGENCY: Environmental Protection Agency (EPA).

ACTION: Interim final rule.



SUMMARY: In this document EPA amends the November 24, 1993, final 
transportation conformity rule to change the statutory authority for 
exempting certain areas from certain nitrogen oxides provisions of the 
transportation conformity rule. This change is necessary to implement 
the conformity rule in a legally correct manner and to allow EPA to 
approve nitrogen oxides exemptions for certain areas.
    This interim final rule is effective immediately upon publication. 
However, EPA will also conduct full notice-and-comment rulemaking on 
EPA's interpretations regarding implementation of the provisions 
addressed in this interim final rule. A proposed rule that addresses 
this issue (among other things) is published in the proposed rule 
section of this Federal Register. Public comments will be addressed in 
a subsequent final rule.

EFFECTIVE DATE: This interim final rule is effective on August 29, 
1995. Comments on this action must be received by September 28, 1995.
ADDRESSES: Interested parties may submit written comments (in 
duplicate, if possible) to: Air and Radiation Docket and Information 
Center, U.S. Environmental Protection Agency, Attention: Docket No. A-
95-05, 401 M Street, S.W., Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Kathryn Sargeant, Emission Control 
Strategies Branch, Emission Planning and Strategies Division, U.S. 
Environmental Protection Agency, 2565 Plymouth Road, Ann Arbor, MI 
48105. (313) 668-4441.

SUPPLEMENTARY INFORMATION: This interim final rule changes the 
statutory authority for transportation conformity nitrogen oxides 
(NOX) exemptions from Clean Air Act section 182(f) to section 
182(b)(1), for areas subject to section 182(b)(1).
    The provisions of this interim final rule shall apply immediately 
upon publication. However, EPA will also conduct full notice-andcomment 
rulemaking on EPA's interpretations regarding implementation of 
these provisions. A proposed rule that discusses these interpretations 
(among other things) is published in the proposed rule section of this 
Federal Register, and the public comment on this proposal will last 
until September 28, 1995. Public comments will be addressed in a 
subsequent final rule.
    This portion of the proposal is being published as an interim final 
rule without benefit of a prior proposal and public comment period 
because EPA finds that ``good cause'' exists under the Administrative 
Procedures Act (``APA'') 5 U.S.C. 553(b)(B) for deferring those 
procedures until after publishing the change as an interim final rule. 
In changing the transportation conformity rule's reference from Clean 
Air Act section 182(f) to section 182(b)(1) as the statutory authority 
for waiving the requirement to control NOXemissions in areas 
subject to section 182(b)(1), EPA finds that good cause exists for at 
least two reasons. First, it is contrary to the public interest in 
light of the clear statutory reference to section 182(b)(1) to continue 
offering such relief under the erroneous statutory reference in the 
transportation conformity rule. Section 176(c)(3)(A)(iii) of the Act's 
transportation conformity provisions explicitly states that, for ozone 
nonattainment areas to conform during the period before state 
implementation plans are approved by EPA, such areas must demonstrate 
that they are achieving reductions ``consistent with'' the NOX
(and volatile organic compounds) reduction requirements of section 
182(b)(1). That section also provides for a waiver of the NOX
requirements if EPA determines that such reductions would not 
contribute to attainment in a particular area. Thus, given the clear 
intent of the statutory language, EPA believes it is unnecessary to 
undertake in advance full public rulemaking procedures when it is 
acting to correct an obvious error and, thereby, facilitate the lawful 
and effective implementation of section 176(c) of the Clean Air Act.
    Second, in taking this action, EPA is responding to repeated public 
comments the Agency received in several individual NOXexemption 
rulemaking actions. These comments pointed out that the correct 
statutory authority for relieving interim-period transportation 
conformity NOXrequirements is section 182(b)(1). Formal written 
requests have also been submitted to EPA requesting that this portion 
of the transportation conformity rule be revised so as to be consistent 
with the clear intent and language of the Act.
    This interim final rule is taking effect immediately upon 
publication because, as described above, EPA believes it is contrary to 
public interest to continue acting in contravention of section 
176(c)(3)(A)(iii)'s requirement to adhere to the procedures and 
requirements in section 182(b)(1) when considering the conformity 
status of transportation-related actions during the interim period. EPA 
therefore finds good cause to forego the 30-day period between 
publication and the effective date ordinarily applied under the APA, 5 
U.S.C. 553(d), and make this interim final rule effective immediately 
for the same reasons described above in justification of taking final 
action without prior proposal.
List of Subjects

40 CFR Part 51

    Environmental protection, Administrative practice and procedure, 
Carbon monoxide, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Volatile 
organic compounds.

40 CFR Part 93

    Administrative practice and procedure, Air pollution control, 
Carbon monoxide, Intergovernmental relations, Ozone.

[[Page 44763]]

    Dated: August 17, 1995.
Carol M. Browner,
Administrator.

    For the reasons set out in the preamble, 40 CFR parts 51 and 93 are 
proposed to be amended as follows:

PARTS 51 AND 93--[AMENDED]

 The authority citation for parts 51 and 93 continues to read as 
follows:

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

    2. The identical text of Secs. 51.394 and 93.102 is amended by 
revising paragraph (b)(3)(i) to read as follows:



Sec.   .      Applicability.

 * * * *
    (b) * * *
    (3) * * *
    (i) Volatile organic compounds and nitrogen oxides in ozone areas 
(unless the Administrator determines that additional reductions of 
NOXwould not contribute to attainment);
 * * * *
[FR Doc. 95-21404 Filed 8-28-95; 8:45 am]
BILLING CODE 6560-50-P

 
 

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