Anonymous public comment
AnonymousOpposeIndividual
Summary: The commenter opposes the proposed rule because it contains language that could potentially absolve noncompliant areas of penalties by rendering previous findings of failure to submit obsolete. They express concern that the rule change effectively negates past regulatory failures.
At face value the proposed rule change appears to be an effort to align to the EPA’s revised interpretation of CAA section 182. However, a sentence in (A.) Overview of Proposal is a cause for concern, it reads as follows: “If, for example, the EPA had issued a finding of failure to submit for the lower classification SIP submittals, the finalization of this action as proposed would render such a finding obsolete because those SIP submittals would no longer be due to the Agency.” The above appears to negate previous failures and in effect absolves a noncompliant area of penalties.