In most cases, the threat of sanctions is as effective as the actual imposition of sanctions would be. Where a State is demonstrating some willingness to develop an acceptable SIP, EPA appears to be reluctant to apply discretionary sanctions. To date, EPA is delaying the imposition of discretionary sanctions in California, Illinois, and Indiana until their legislatures have an opportunity to meet during the 1994 legislative session to consider a legislative package that would meet EPA's approval. Unlike discretionary sanctions, EPA is not permitted any flexibility in imposing mandatory sanctions under the Clean Air Act except to chose the sequence of the sanctions. Despite the Act's requirement that mandatory sanctions be imposed on States 18 months after failing to submit a SIP, EPA has not imposed any sanctions to date.
Several areas are past the deadline for the imposition of mandatory sanctions.
It appears that the Agency is planning to finalize its rulemaking on the sequence for mandatory sanctions before actually imposing any sanctions. It is the Agency's current intention to finalize the rulemaking by the spring of 1994. Under the new source review program, major new or modified sources in nonattainment areas are subject to offsets as high as 1.5 to 1. The sanction would increase the offset requirement to 2 to 1 in these areas. For SIP disapprovals, or a finding of nonimplementation of an approved SIP, notification is made through a formal notice and comment process.