OAR Policy and Guidance Metarecord
Sanctions Policy for Title V State Operating Permits Submissions
3/28/95 memo from John Seitz re Completeness, Process for Imposing Sanctions, Flowcharts
|Signed by: John Seitz, Director,OAQPS
Signature Date: March 15, 1994
Information Transfer and Program Integration Division (OAQPS)
Policy & Guidance Memos
EPA Document Number:
Environmental Protection Agency
Clean Air Act
This 3/15/94 memo from John Seitz of OAQPS to EPA's Regional Air Division Directors describes the Environmental Protection Agency's (EPA's) policy for applying sanctions when States fail to submit required title V operating permits programs or when EPA disapproves submitted programs. It does not address EPA's sanctions policy in the event of inadequate implementation of a State program.
Under today's policy, if a State fails to submit a program by the 11/15/93 due date or if EPA determines that a submittal is not complete, the 18-month period that must expire before EPA is required to apply mandatory sanctions would start on the date the submittal was due. If the State submitted a complete program before the 18-month period expires, the State would avoid sanctions. If the State submitted a complete program after expiration of the period, EPA would lift any sanctions already imposed for nonsubmittal. If EPA disapproves a State-submitted program, the 18-month period would begin at the date of disapproval. If the 18-month period expires without EPA taking final action to approve a subsequent submittal, EPA must impose mandatory sanctions, which would remain in place until EPA approves a subsequent submittal.
States were required to submit operating permits programs meeting the requirements of title V and part 70 regulations by 11/15/93. If a State fails to submit such a program or EPA disapproves a program, the Act requires EPA to impose one of the sanctions specified in section 179(b) of the Act (i.e., 2-to-1 offsets or highway funding restrictions). These mandatory sanctions are required 18 months after a failure to submit unless the State submits a complete program before expiration of the 18-month period. Sanctions must also be put in place 18 months after EPA disapproves a State submittal, unless prior to expiration of the 18-month period the State submits and EPA approves a revised State program. If the State has not come into compliance within 6 months after EPA applies the first sanction, a second sanction is required.
The Act gives EPA discretionary authority to impose sanctions before the 18-month period expires. The EPA would anticipate using discretionary sanctions only in those cases where State inaction warrants their use. The Act also requires EPA to implement a Federal operating permits program by 11/15/95 in States without approved part 70 programs. The memo addresses the following considerations: Completeness Determination, Sanctions for Failure to Submit, Effect of Interim Approvals on Sanctions, Sanctions for Program Approvals, Partial Approvals, and National Rulemaking. Three attachments are included for the use of Regional staff: A Program Completeness Checklist, A Discussion of the Process for Imposing Sanctions, and Sanctions Flowcharts. EPA's policy on sanctions was updated through a memo from John Seitz dated 3/28/95.