Selection of Sequence of Mandatory Sanctions for Findings Made Pursuant to Section 179 of the Clean Air Act

Résumé

The EPA is promulgating a rule governing the order in which the sanctions shall apply under the mandatory sanctions provision of the Clean Air Act (Act), as amended, after EPA makes a finding of failure specific to any State implementation plan (SIP) or plan revision required under the Act's nonattainment area provisions. This final rule provides that the offset sanction shall apply in an area 18 months after the date on which EPA makes such a finding with regard to that area and that the highway sanctions shall apply in that area 6 months following application of the offset sanction. Once this rule is effective, sanctions will apply automatically in the sequence prescribed in all instances in which sanctions are required following applicable findings that EPA has already made or that EPA will make in the future, except when EPA determines through a separate rulemaking to change the sanction sequence for one or more specific circumstances. The public will have an opportunity to comment on any such separate rulemaking.